Criminal Justice 101
Criminal Justice 101 Criminal Justice 101
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Criminal Justice 101
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This 28 page Bundle was uploaded by Taylor Kitchen on Wednesday January 20, 2016. The Bundle belongs to Criminal Justice 101 at University of South Carolina taught by Theresa Clement in Fall 2015. Since its upload, it has received 136 views. For similar materials see The American Criminal Justice System in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 01/20/16
1 CRJU 9/22/15 Laws Federal laws, state laws, city laws Some laws are unconstitutional Principal of legality-laws must be made public before they can be enforced (put online) A law cannot violate cruel and unusual punishment (this would violate the 8th Amendment) Laws must protect due process of law (must be fair) Example-The law cannot be too vague. This is considered unfair. Law in SC: if crime is abominable, whether with mankind or beast, unfair punishment. This is unfair. Unfair to hold you to something you don’t even know what the law is. No ex post facto laws-crime needs to be on the books at the time of the act/offense. Punishment also needs to be on the books at the time. The kind of evidence required for conviction must be on the books, as well. Example: mere possession of weed in SC is considered a misdemeanor and a 30-day charge, while more than an ounce is 5 years 2 and a felony. The law cannot be changed to be a 0.5-ounce. Rule of Law-our laws are based on principals and rules. The law applies to everyone, even those with more power. Elements of crime Actus reus-(the act) have to show you committed a guilty act Crimes of commission-crimes you commit (murder, burglary) Crimes of omission-must be a legal duty to act. If you don’t do it, that failure is considered an act. Example- not filing taxes. Examples-mere possession, mere words. Can these be crimes?? Have to have the mens rea (the guilty mind), not just an accident. Have to show some level of intent. They show intent through evidence, confession. Jury decides if you have the actus reus or the mens rea. Concurrence-the act and the intent have to occur at the same time. Actus reus and mens rea must happen at the same time. Strict Liability Crime-don’t have to prove you intent (this is an exception to mens rea) Example-speeding Some crimes require a result, but causation must be proven. Causation-evidence that you caused that 3 result. Example-murder requires the result of someone being dead. Actus reus, mens rea, result, cause Inchoate crimes (incomplete crimes) Solicitation-merely asking someone to commit a crime. If you ask, this is considered a crime. Conspiracy-2 or more people agree to do an unlawful act, or a lawful act in an unlawful way. You are committing a crime even if you simple agree to do an unlawful and don’t do it. Attempt-caught halfway through a crime. Defenses to crime Necessity-forced by circumstances to commit a crime that you would not otherwise commit. Examples-a hurricane hits and you don’t have supplies, so you steal something from a store because it is out of necessity. Duress-forced by another person to commit a crime you would not otherwise commit. Example-“I’ll kill you if you don’t do this…” CRJU 9/24/15 Defenses to crime Mistake of fact-if you are a mistaken of an actual fact and you commit a crime (but you didn’t know it), you have a defense Mistake of law-no defense 4 Legal impossibility-when you intend to commit a crime, do everything you can to commit a crime, but the law does not prohibit what you did. Example-intend to commit a crime by drinking alcohol underage, but it’s actually not a crime in that state. Crimes 1. Crimes against a person Assault-unlawful threat to do violent harm Battery-unlawful touching Kidnapping-stealing a person, holding you against your will. Unlawful restraint/robbery-taking from a person or their immediate presence by force or threat of force Rape/sexual assault-(rape with a minor: statutory rape) Homicide-killing a one person by another person o Murder-killing with malice of forethought; planned killing o Manslaughter-killing under the heat of passion; provoked by some emotional passion that comes up quickly; wasn’t planned o Felony DUI-killing while driving under the influence 2. Crimes against habitation Burglary-entry without permission with the intent to commit a crime therein. Robbery-from you personally/your immediate presence; you must be there. Arson-lighting houses/building on fire 3. Crimes against property Larceny-stealing 5 Malicious injury to property-vandalism; AKA MIP (malicious injury to property) Due Process-rules that direct the CRJU system on how to operate and direct crimes th Search and seizure-4 amendment right to be free from this. o If police find weed in your bag when they didn’t have a search warrant, they must suppress the fact that you had weed in trial. o “The fruit of the poisonous tree”-when law enforcement searches illegally, which leads them to info about more evidence against you and they charge you, you may be able to suppress this new evidence (make a motion to suppress) o Exceptions Terry v. Ohio (allowed to give a pat-down without a warrant, but there must be reasonable suspicion; this must be a limited search) th Exclusionary Rule-applies to interrogations and confessions, 5 amendment right against self-incrimination. If law enforcement violates this right and uses the statement against you, you can suppress that statement. Miranda Rights-where you are told that you have the right to remain silent, etc… o Rights that protect you while in custody or being interrogated o Allowed to deceive you when they question you Entity that should keep law enforcement in line 6 Internal Affairs-job is to handle things internally; group within the police department Prosecutor-job is to point out if law enforcement violated the rights of the defendant Court themselves-court should exclude the evidence if aw enforcement violated your rights Policing Code of the Hamarabi-oldest set of laws, older than the bible Our policing comes from England-dependence on family for safety. When you are the victim, you are the responsible one/the one damages. Shire-reevsh – how we go the word “sheriff” o They were there to enforce the king’s laws o Not based on qualifications o Due Process was not present o William the Conqueror-smart and said that when a person is victimized, it hurts society. Paid when ppl got victimized. Changed the whole concept of victim status. o Industrial revolution Sir Robert Peal (father of modern policing)-“bobbies” (police in England today) In US, police developed by regions. ASK QUESTION ABOUT LAW ENFORCEMENT IN NORTHEAST REGION. Law enforcement officers in Boston were also the garbage-men and cleaned the toilets. In the west, they took laws in to their own hands; sparsely populated. Focused on posse comitatus (one or two officers, so these officers would deputize civilians when needed) CRJU 10/1/15 7 How policing developed in the US In the West we had vigilante justice (people took crime into their own hands). Posse Comitatus In the South, we had slave patrols. Before we freed the slaves, many were able to leave the plantations. We tried keeping slaves subcerviant. Passed the Black Codes (prohibit interracial marriage b/c white men did not want black people gaining wealth and power). Passed laws that said a person can’t preach the gospel without a license. Power is transmitted through communication. Another law prohibited blacks from renting land in urban areas (b/c whites didn’t want blacks to be able to do business). Negro Seamans Act – too many black merchant marines; said that if you are a black sea man, you can’t get off the boat at any port; don’t want them to talk to others at the ports. Plessy v Ferguson Equal rights and equal services Separate but equal doctrine Us supreme court Brown v Board of Education o Separate but equal is inherently unequal o Overturned Plessy case o 0 busses for blacks, 33 for whites Early 1900s blamed immigrants/lower social classes for societal troubles. Police Now 8 Federal law enforcement has jurisdiction through the US and its territories (Puerto Rica, US Virgin Islands). Also jurisdiction over military bases and Indian Reservations. Federal law enforcement examples - US postal services, US secret service, the FBI, ATF (started as a taxing entity), the DEA (over 500 agents, less than 10% females) State law enforcement – state highway patrol (statewide jurisdiction) (enforce traffic laws and some criminal investigation), Sherriff’s office (operate county jail, enforce state and local laws, investigation when necessary), Municipal police (city police, traffic enforcement, crime prevention), Special Police agencies (airport police, transit police, campus police) Selecting police officers Age – some agencies require 21, some are 18 Must have a driver’s license A good driving record Residency – may have to move into the jurisdiction in which you work Education – 50 years ago it didn’t matter; now education matters. Most federal law enforcement agencies require at least a bachelor’s degree. Given a written exam. Spelling test. Look at grammar. See if you can communicate effectively in writing. Oral interview (b/c must be able to testify effectively, must be able to deal with suspects and the public). Medical/physical exam Character check and morality check (look into your honesty and integrity) 9 Honesty – have you shoplifted? Integrity - look into divorce documents Look at credit – look into your bills and if you’re paying them and if they are paid on time. Psychological exam – make sure you can handle stress Lie detector – polygraph Reasons someone is disqualified to be a police Have a DUI Ever been arrested for violence Possession of drugs Historically minorities and women were banned to become law enforcers until Civil Rights Act of 1964. Amendment was 1972. 14% of law enforcement is now female. CRJU 10/13/15 Training Police Officers Authorized to drive on wrong side of road Physical training Training in report writing Training in testifying How to handle cross-examination Fire arms training - how to shoot and when to shoot, how to disarm a suspect 10 Policing strategies Police community relations have changed over time Zero Tolerance Policing – AKA Legalistic Policing. Strict enforcement of the law for little things Community Policing – assigned to a neighborhood, get to know people, get familiar with everyone, goal is to prevent crime by having a positive role, focuses on the problems of the community, police discretion is widely used, focuses on quality of life, more focuses on positive crime prevention than crime fighting, decentralized policing Broken Window policing – under this theory, it encourages the repair of rundown buildings. Grass too long. Require landlords to take care of their house. Target small crime to avoid big crimes. Proactive not reactive The quality of the applicants of law enforcements make your agency more professional Homeland Security Terrorism – organized use of violence to promote political or social change Domestic terrorism – acts of terrorism in the US by groups that don’t have ties to foreign organizations, believe that their views are the right views. Extreme views. Example – Oklahoma city bombing by Timothy Mcveigh, trying to make a political statement. Example – political extremist groups (Anti Abortion protestors) 11 o Eco terrorism groups – Animal Liberation Fund (entity of an animal’s spirit should be protected), break into places and let all the animals go. Lots of changes in cosmetology bcause of this. o FBI tries to track these people International Terrorism – CIA works on these cases, CIA only has jurisdiction outside US soil. Important to share intelligence. 9/11. Expanded federal powers to fight terrorism. Civil rights and Homeland Security tend to clash o Right to Privacy o Due Process o Rendition and torture – render you to another authority to get info from you Habeas Corpus – bring the body forth, held when you don’t think authority has the right to hold you. Material ends here! CRJU 10/13/15 Differences in civil and criminal law Civil law-where private parties try to sue each other. Case starts when someone decides to sue o Plaintiff (person who starts the case, the one who sues) and defendant (person being sued) o Contract dispute – establish if a contract established. In a contract, there must be an offer. Then, there must be an acceptance. Must be consideration – both sides have to give something up. Must be a breach for someone to sue. Sometimes breaches are controllable, sometimes not. Specific Performance- need to carry out what you said you would do. Tort – private wrong that causes harm to another, such as a car accident. Can be both criminal and civil. Divorce case – breach of contract, lawsuit trying to get out of a legal marriage contract, suing someone Child Custody case – suing to get custody of your child, often solved by financial compensation Civil case – proof is required o preponderance of the evidence – more likely than not; enough Jurisprudence – judge, judiciary, jury; philosophy of the law Criminal law – against state/government o Often go to jail o A higher standard of proof is required o “only possibility” was that you committed the crime. Beyond reasonable doubt State Courts o Trial courts- offer evidence, put witness on stand. Trying to prove you’re guilty. First court that can determine whether you’re guilty – original jurisdiction. Trial courts of limited jurisdiction can only hear certain types of cases (example – a traffic court). Magistrate court – handles small criminal crimes and low level civil crimes. Deal with minor criminal charges, small civil matters, landlord and tenant. Limited to amount of cases they can hear. o State court of general jurisdiction – this level has broad powers. Another name is general sessions court. Can try all crimes that occur in the state. If a civil case, go to Court of Common Pleas. o Appellate court – NOT a trial court, in SC this is the Court of Appeals. o State Supreme court – court of last resort on the last level, they have appellate jurisdiction. o Original jurisdiction – first court has this power to render a verdict Federal court system o Go through this if you violate a federal law/statute o Lowest level court – US magistrates courts – courts of limited jurisdiction. Lower courts. Lesser misdemeanors. Can set bail in federal manners. Have original jurisdiction. o US district court – these are the federal trial courts, general jurisdiction. Original jurisdiction in all federal trials o After trial, you can appeal to the US Court of Appeals. At this court, they look for judicial error. Facts aren’t dealt with on the appellate level. o Required to make objections as they’re happening. Can’t object after the trial. Adversarial system when in trial. CRJU 10/15/15 Appeals After an appeal, the appellate court can overturn the case and end the case without giving a new verdict. OR trial de novo – overturned and sent back to trial court. OR affirm the decisions at the trial level. OR the appellate court can remand with instructions to correct the judicial error (sent back to trial court and remand it). US Supreme Court – court of last resort, highest court. In 2011, reversed 9% of the cases they reviewed. Reviews cases and will provide remedy for judicial error. File paper work and send to Supreme Court; if they think there is a significant issue with the case, they will ask to hear the case; writ of certiorari (“cert”) – send everything to us (evidence, transcript), means they are willing to hear the case. Lawyers Bachelor’s degree – doesn’t matter what the degree is in Law school – 3 years (JD – Juris doctorate) To get into law school, must pass the LSAT – measures analytical ability and writing ability. Nothing to do with the law. Can take as many times as u want but they can see this. A section called Logic Games. At law school, must pass all classes. After law school, must apply to take the BAR exam. 30-50 pages. Application asks a lot of things, including every place you’ve ever lived, every crime you were ever charged with. Character and Fitness Committee investigates you and decides whether you are fit to be a lawyer. Be honest and thorough in your application. BAR exam – 3 day test in SC. After you pass, they swear you in and you swear that you will be civil to other lawyers. Best way to be a good lawyer is to get along with people. Don’t be abrasive. Able to practice law now. Learn how to act on the job. CRJU 10/29/15 People in the courtroom The clerk of court – usually see the employee of the clerk of court’s office. Job is to handle the paperwork and the record of the court. Make sure the decision is correctly recorded. Send sentence to prison. Change paperwork if type of crime changes. Important job and have to get the info right. Sit in the corner of the room. Maintain the court orders of the case. The bailiff – NOT law enforcement. In the courtroom for the benefit of the jury or for the incidentals of the judge. Walks jury in and out of courtroom. Courtroom security – if it’s a county case, it’ll be someone from sheriffs dpt. They are armed for the safety of the courtroom. City case, city police officer. Court reporter – take down every word that is said on record. Not everything is on this report. Sit next to witness. Very difficult. Some people talk very quick, have an accent, or bad grammar. Make good money. The prosecutor – go by different names in different places. Person trying to put you in jail. In SC, called the solicitor. Attorney general. City attorney. District attorney. All represent the state’s position. The judge – determine the law of the case. Based on the law, judge decides which evidence to exclude and which to include. The jury – determine the facts of the case. Decide who is telling the truth. At the magistrate or municipal, 6 jurors. General sessions court there will be 12. Defense attorney – represents the citizen accused. A private attorney is paid. Could work “pro bono” – work for free. Could be a public defender (gets a salary, hired by government). Defending guilty people. Not everyone is guilty. CRJU 11/3/15 Courtroom procedures Someone decides what you are charged with. Usually law enforcement makes this decision, or it could be by the prosecutor. The charge can change Bail hearing – 8 amendment prohibits excessive bail. Could be denied bail. Sometimes you don’t have to pay bail. Bail will discriminate against poor people. o Post bail – cash bond o PR bond (personal recognizance, release on recognizance) – monetary value, a bond where you sign your name and let you go. If you don’t show up to court, you have to pay the bond. o Bail bondsman- will charge you a certain percent of what you were charged for. Before trial, you must be competent to go to trial. Defendant must understand the charges and what is going on, and must be able to assist in their own defense. Just can’t charge you today. o Different from Insanity Defense – state of mind at the time of the crime. Law enforcement and victims don’t like plea bargaining. Before trial, there are going to be motions (asking the court for a ruling). Many times it’s by the defense. Extremely rare to make a motion to pick a date. o Pre trial motions, during trial, and post trial o May be a motion made for a speedy trial, or a motion to sequester (may sequester witnesses or jurors) Witnesses can’t hear each other’s testimonies. Jurors can’t go home till case is over; can’t have cell phones, tv, newspaper (take out any articles from the trial), or internet. o May be a motion for discovery – request prosecutor to tell about info like finger print evidence o A motion to suppress – a motion that keeps info from the jury. Rarely granted. Example – in a murder case, a female gets stabbed 400 times, and photos are taken. May suppress some of the photos so that the jury doesn’t get sick looking at all of them. o A motion for dismissal – want to dismiss case o Dismissal with prejudice – when judge dismisses it and it never comes back. o Dismissal without prejudice – case can come back. o Can try same case in both state and federal court. Trial o Jury trial – must pick jury Voir dire - questioning potential jurors to determine their bias. Once this is done, must select individual jurors. Juror number is pulled. If we don’t keep them, it’s known as a strike or a challenge. There are preemptory strikes/challenges – strike for no reason at all. Strikes are limited. Can’t strike for race, religion, sex. Prosecutor always goes first on strikes. Challenge for cause – have to give reason as to why juror cannot give a fair trial. Must prove this. o Bench trial – in front of judge o Opening statements – background of the case. Both sides stand up. o Prosecution stands up and puts up their case. Prosecution will rest after witnesses and questions. “the State rests” o A motion for a directed verdict – presented their case and think they should be ruled not guilty right now. Taking evidence in the light most favorable. Judge will deny this motion. The defense will put their case up. Defense and witnesses will get on stand. Then defense rest. Then, closing statement. Tell what the facts mean of the case. Judge reads jury charges. The judge will tell jury the laws that apply to this case. o Jury deliberates. Have to make a decision about what actually happened, jury comes out with guilty or not guilty verdict. o The judge may overturn a guilty verdict if verdict was based on passion or prejudice and not on evidence, up to the judge in SC b/c must be unanimous. o Jury nullification – jury comes back with a non guilty verdict, even with evidence there. Jury puts themselves in the defendant’s shoes. o Judge cannot overturn a not guilty verdict. o Judge decides on a conviction. If the defendant doesn’t like the conviction or sentence, he might file an appeal. Always shooting for justice. o Sentencing – govt punishment for violating the law. May get prison, fine, or probation. We punish because of deterrence. Physical punishment is corporal punishment. Specific deterrence – go to court, get a charge, go to jail, learn a lesson. General deterrence – trying to deter everyone from doing the same thing and facing the same consequences. We deter ppl for recidivism – in and out of the system. Also deter ppl for incapacitation – person wont learn. Remove from society. Also for retribution – do something bad, we are going to get you back. Trying to get a proportionality - proportional sentence. Also for rehabilitation – if we could rehabilitate you, work on treatment and curing the defender. o Factors that effect sentencing – may be a pre sentence investigation report. Before sentence, a probation officer is going to investigate you. Going to make a recommendation to the court for the sentence. Look at your house, record, attitude, impact on victim and community. Court considers the victim statements. o Different sentencing models Determinant sentencing – get a certain number of years. Base your date on how many years you were sentenced. Indeterminant sentencing – when you get a sentence, you get a range of years. Base date on how well you act in jail. Mandatory sentencing – some crimes have a st minimum sentence. Example – burglary of the 1 degree in SC is 15 years. Truth in sentencing – when you get a certain number of time, you must serve a certain percentage of it. If you behave yourself. A lot of places have passed 85% law. Must serve 85% of sentence. EXTRA CREDIT GOES ON BLACKBOARD TODAY AT 5. BONUS 3 POINTS. Some criminal defendants are mentally ill. Don’t respond to punishment like normal people do Insanity is mindset at time of crime. Legal term not a medical term. Mental illness is a medical term. If defendant wants to claim they were insane at time of crime, he has to prove it in trial. Jury may decide Not guilty by reason of insanity verdict. Usually come back with “guilty but mentally ill” – you’re guilty but we agree that you are mentally ill. Death Penalty Capital punishment. Capital case – could potentially get the capital punishment. Always have had this In SC, it will be by lethal injection or the electric chair. Other places have had hanging, some still have a firing squad. Use to have gas chamber (cyanide gas). Each state votes on you will be killed. If you refuse to choose in SC, you get the lethal injection. Most common form is lethal injection. 38 states have it. Fight the death penalty some claim it is cruel and unusual punishment Abolitionists Some innocent people get sentenced to this Between 1900 and 1988, 23 innocent ppl were executed. Found out they were innocent by DNA. b/c of DNA, 138 were released from death row. 4 ppl have been pardoned – cleared of record – after death. Over 3000 suspects have been exonerated (found innocent because of DNA) END OF MATERIAL Specific deterrence – teaching the defendant a lesson Book questionpreventative detention Violates rights to due process CRJU 11/12/15 Juvenile Justice o In colonial times, if you were 7 you knew right from wrong o Mens rea is the key th o During 18 and 19 centuries, all inmates were jailed together o Developed juvenile reformatories o Sent here if you were… Incorrigible (ungovernable) Being disorderly (some unlawful disruption of the peace) A vagrant (homeless) – no crime involved, but no adult supervision o As a result of these reformatories, people started to think, “why does the government have the ability to do this?” o Parens Patriae – the state has the primary responsibility of the custody of your child o Developed juvenile courts. Have control of children if they fall into these categories o If their welfare is threatened Can do this because if you were abused as a child, you are more likely to abuse when you are an adult. o If the juvenile is a status offender or is delinquent Status offense includes skipping school Delinquent act – a juvenile commits any act that would also be a crime for an adult Juvenile Court Procedure o Going to be a petition served on you. Not a warrant. Gives you notice when you need to go to court. o Meet with an intake clerk/worker – want to know all your information. Most juveniles don’t realize how important the intake worker is. Can divert you from the court system. o Waiver hearing (certification hearing) – prosecutor is trying to have an adult court instead of juvenile court. There is a minimum age. o Adjudication hearing – not a trial, but similar to one. Judge is going to adjudicate what happened. Defendant will not be found guilty. Judge has the choice of finding the defender as a status offender, a delinquent, or neither. o Disposition hearing – dispose of the case. Figure out what you are doing with this juvenile. o Detention o Department of Juvenile Justice – feels like prison but it is not. Very crowded. o Group home o Juvenile boot camp o Or decide that juvenile goes on probation Juvenile Murderer o Overwhelmingly male, usually use guns o School shooters (smaller subset) – usually male, white, middle class, average age 14.5 years, some level of depression o No death penalty allowed for children under 18. Cruel and unusual punishment. Crime in America o More effective CRJU system, less crime o In 1950s, politicians coined the phrase “The War on Crime” – violent crime o Violent crime has gone down in the past 30 years. o 1970s – coined the phrase “The War on Drugs.” 7 million people in the US dependent on illegal drugs. Tobacco kills more people every year than illegal drugs. o Drug trade puts huge stressor on international relations. o In Mexico, weed or hash o In Afghanistan, heroine o If we don’t have a drug, we will make it on our own. Cyber Crime – using computers to commit crimes o Selling body parts online – selling kidneys, urine o Selling firearms online o Internet gambling o Identity theft – leading consumer fraud complaint. Has been since 2001. There was a time in history that we did not have jails. In the 1600s the most popular punishment was capital punishment and corporal punishment (physical pain) o Examples of corporal punishment during Middle Ages o Branding - scar stays on your body. This indicated your record. o Mutilation – as a punishment, cut off ears or tongue and then let you go. Considered mutilation very humane. o Public ridicule & pain – makes you embarrassed and ashamed. Ducking stool (hook you to the end of a log chair, dip you underwater, up and down). Whipping. o Enslavement and transportation – dropped you off somewhere else. England did this and sent people to US and Australia. Threw you overboard. Early Jail Conditions o Inhumane, rough, dirty o South used the Convict Lease System – if you were in jail, the sheriff would rent you out to businesses and farms. Usually used black men. Looked for people who did not have power. Jails today o First reason you go to jail when you haven’t been convicted yet. Sit in jail until bond is set. o Also, you go to jail after you commit a crime and you were given a relatively short sentence. In SC, 91 days or more you go to prison. Different jails o Municipal jails – run by police department o County jails – run by sheriffs’ department. 13% females. 87% males. o US has the fastest growing prison system. Since 1980, the fed prison system has increased 700%. o National crime rate has been decreasing. We are just locking people up for more things. Prisons as opposed to jails o Go to Fed Prison if you were convicted of a fed crime o Most common is a drug crime o Run by the fed bureau of prisons o Go to state prison if you commit a state crime. In SC, 91 days or more? o Go to Reception and Evaluation Center. Spend 3-4 weeks there of a few months. While you are there, they do an evaluation to see what is the appropriate security level necessary for you. If you are gang affiliated, admit that you are. This is to keep gangs away from you. Look at your health. Some prisons have medical personnel that are close by everywhere. SC has 10-15 prisons. o Private jails and prisons o Private corporations who make a contract with the feds. Build and run prison for the government. They make a profit. Less expensive for the government to do this. Private corps are growing. Prison life o Contraband – coffee, money, cell phones o Different security levels o Low level security – no fences; for nonviolent offenders. If you were to escape, it is known as a “walk away” o Medium security o Max security – more guards, less guys in a cell o Super Max security – death row inmates, usually in same prison as Max Security. Solitary confinement. CRJU 11/17/15 Recidivism - When people re-offend and go back to prison Only about 20% of prisoners will max out their sentence. Most people get out on parole. Only about 3,300 inmates die in prison every year. Special prison populations HIV and AIDS prisoners. Only 21,000 inmates are HIV positive. Female prisoners more likely to be HIV positive than male. Not every state is able to check for HIV/AIDS. Hepatitis – very contagious. Tuberculosis – very contagious Health care very limited in prisons Mentally ill prisoners – 20% of prisoners o White female prisoner more like to be mentally ill o Very difficult to get these people to go by the rules Options instead of prisons Intermediate sanctions o Diversion programs – alternative to trial. Will not be convicted or sentenced. Pre Trial Intervention – pick up a charge and instead of going to court, go to an alternative program. Do some service and dismiss your charge. ADP/AEP – underage drinking, go to classes Probation (a suspended sentence) – get some sentence of lock-up and then it is suspended on a certain amount of time of probation o Probation agent – usually handle 80-100 cases at a time. Keep under the radar when under probation. Considered successful if his clients successfully get out of probation. Serve as a mix of law enforcement/social worker/case worker. Judge decided what kind of probation. In SC, can only get 5 years of probation. Federal probation agent – must have a bachelor’s degree. State probation agent o When under probation, you must go to your job and have a specific place to live (a specific address). No alcohol or drug use. Given a probation notice (when to go to court). Judge will decide whether probation will be revoked or not. o Could be intensive probation – may get home confinement or electronic monitoring. We need more monitors. Very expensive. Shock incarceration o Boot camp o For first time offenders o Usually for a drug or property offense o Must be young and capable of this boot camp o Usually lasts 90 days to 6 months o The parole board decides if you completed the camp, and whether you can leave o There are no studies to show these programs work Parole – conditional release before serving your full sentence in prison o Parole board has absolute discretion o Want to try and get out on parole. Argue why you deserve to get out early. o Evidence of rehabilitation Must have good time credits. Try not to have any write-ups. Must have a place to live. Specific address. Must have a job set-up. Can’t just say you will find a job. They want to see if you have made restitution – paying back the victim. Must show an attempt of restitution. o Transition from prison to freedom o Furlough – Where a prisoner gets to go home for a weekend, and then gets back to prison. About 6 months before sentence is over. Use this time to get a job. Get furlough and stay with your mom, and decide if you want to live there. o Work release – leave prison every day to go to job. Huber laws. Only minimum wage. Take rent and meals out of check. Take some percentage and put it in a victim compensation fund. Require you to save some money for when you leave. o Halfway House – set up for people trying to make the transition from prison. Have information about jobs, apartments. Give 50% of your wages for rent. Save money and then leave. o Conditions on parole Basically same as probation You cannot move unless you are given permission Require you to go to a treatment program if you do use drugs Require to make restitution If these conditions are not met, it can be revoked. 90% of people on parole get out the public doesn’t like parole great advantage – keep a finger on you when you get out some people never get out of parole 20% of inmates won’t get parole and will max out their sentence Pardon (clemency) Released from the governmental consequences of the conviction If it’s a state charge, the government will pardon. If it’s a federal charge, the president will pardon. Rare to be pardoned out of prison or when on probation. Civil consequences after prison 66% (2/3) of convicts are involved with drugs. Lose driver’s license. In SC, you will lose license for any drug offense. Extremely difficult to get a job. Many convicts don’t know how to get a job. Many convicts have lost their documentation to prove their identity Many times, you cannot get accepted to schools. May not get a scholarship. In SC if you get a drug conviction, you will not get any scholarships and will lose rights to live in student housing. Hard time getting an apartment to rent Getting credit is more difficult May lose right to vote. You can run for office. END OF MATERIAL
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