APCJ Exam 3 Study Guide
APCJ Exam 3 Study Guide CCJ3024
Popular in Advanced Principles of Criminology Justice
Popular in Criminology and Criminal Justice
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This 11 page Study Guide was uploaded by kyrabacon on Thursday April 14, 2016. The Study Guide belongs to CCJ3024 at University of Florida taught by Dr. Marvin Krohn in Fall 2016. Since its upload, it has received 132 views. For similar materials see Advanced Principles of Criminology Justice in Criminology and Criminal Justice at University of Florida.
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Date Created: 04/14/16
Adv. Prin. of Criminal Justice Study Guide Exam 3 Exam date: April 19 th Covers chs 8-14 in the textbook and all lectures I have divided up this study guide into specific sections, not chapters Highlighted = P. Krohn specifically mentioned this would be on the test Issues with Policing External Issues o Political Policies and laws are enacted by police Federalism- division of power between state, local and federal gov Must follow state, federal and local laws Must follow impacts of judicial decisions Amendmentth 4 - search and seizure- must have probable cause or reasonable suspicion for warrant o Warrantless searches? Consent- no duress or coercion Searches incident to arrest- occur at time of arrest and arm-span rule (limited search) Plain view- must be visible and have legal right to be in location Automobile search (know Caroll v US) Searches based on exigent circumstances (ex: hot pursuit, danger to others or evanescent evidence) th Administrative search- inventory 5 - no forced confession and due process 6 - right to be informed as to why they are arrested o Miranda v Arizona o Terry stop- temporary detention for pat down 8th- no cruel and unusual punishment o Economic influences Budget constraints Police consolidation (ex: fire, EMT and police are one) Merging organizations Police dissolved Share services/resources Reorganize internally- civilianization Multitasking postitions External funds/ grants o Contingency theory- police have more than one concern with ties to grant o Resource dependency theory- so desperate for money- don’t care about what needs to be implemented to get it o Social influences Woman and policing Early times- “police matrons”- cared for criminals 1972- full-fledged officers Today only 12% are women Race and policing Black police rare before civil rights laws Today 25% are minority (mostly black and Hispanic) Juveniles and policing Before 1900s- treated as adults Today- treated when they are suspects, in need of protection or for community service activities Societal norms and policing Ex: tattoos, gay marriage, marijuana legalization, etc. Police take these into account when preventing crime o Technological influences Can be used by police to aid work or for corruption (ex: privacy) Can be used by criminals (ex: social media) Internal Issues o Police subculture- form bonds with other police because of Potential and unpredictable danger Territorial control- command over beat Order maintenance Authorized to use force and consequences Solidarity-stick together (blue wall of silence) No two encounters the same Discretion and consequences Can be based on organizational, neighborhood, situational and individual characteristic variables Use of force continuum- can use force one level higher than force applied Deadly force is rare Stress Internal, organizational, operational and external o PTSD and critical-incident stress debriefing o Police misconduct Rotten apple theory- one bad cop ruins reputation for all police Systematic theory- police system allows for bad cops to get away Types Abuse of authority- excessive use of force Police corruption- receives material reward Occupational deviance- use position for personal gain Police crimes o Code of ethics taught in training o Internal affairs unit and citizen review boards investigate Punishments Incapacitation- protect society from criminals Rehabilitation- criminals affected by internal or external factors which need to be addressed Deterrence- ensure criminal or others do not commit crime Retribution- punish offenders because they deserve it Reintegration- inmates must understand that conforming is necessary Restitution- inmate reimburses society for wrongdoing Courts History o o Article III of the Constitution and Judiciary Act of 1789 Marbury v Madison creates judicial review o Payments to court (BOT= to victim, WITE= to king) o Compurgation- take oath to claim innocence and people attest to honesty Tied to status of individual and did not work o Trial by ordeal (complete challenge) or battle God protects innocent victims (survived=innocent, died=guilty)- not work o Grand jury- 12 judges who traveled from city to city, check on prosecutor and determined evidencth o Jury trials in the 13 C Court of the Star Chamber- king’s counselors Today- adversary system and evaluate facts Types- differ in jurisdiction and venue o State courts- each usually has own system State supreme courts- final decision on state law violations Courts of limited jurisdiction- misdemeanors and pre-investigations o Assembly line justice- cases decided quickly Courts of general jurisdiction- serious felonies and incarcerations Specialty courts- specific offenses (drugs, juveniles) Appellate courts- re-evaluate lower court decision (constitutionality) o Federal courts Supreme court- appellate and uses writ of certiorari to demand that lower courts send records of previous decision to review (4/9 judges needed) o judges on cases with US as party or disputes between states o amicus curiae- friend of the court writes brief on behalf of side o Judge decision Majority- no unanimous, most judges agree Concurring- same opinion, different reasoning Dissenting- disagree with decision Per curiam- court agrees with parts of lower court decision o Current court has 9 judges, differing political opinions o Judicial restraint- less active o Judicial activism- more active Court of Appeals- appellate with 12 regional courts District Courts- 94 judicial districts and trials Federal Magistrates- issues warrants, conducts hearings and set bail Others- military, tax, etc. Actors o Judges- hear cases and makes decisions Qualifications- resident of state, 25-70 years old, member of State Bar Association and licensed for law Some jurisdictions don’t even require degree Earlier times- no bar or license or degree o Prosecutor- bring case against accused Use discretion and decides charges, bail and plea bargaining Important relationships with media and police Santobello v NY- prosecutor recommended sentence illegally and sentence was overturned because of it o Defense attorneys- ensure proper representation and minimal acquittal public defenders are inexperienced, lack resources and overloaded Assigned counsel- appoint private offender in rural setting Contract system- block grant given/hire private law firm o Law / court clerks- assist in duties of courts o Bailiff- armed law enforcement officers who keep order in courtroom o Stenographer- records events of court case o Witnesses, media and victims also play role o pro bono- "for the public good"- less money for large role (public defenders) Juries o Plea bargaining- guilty pleas 90% of time, but issues with coercion o Jury selection (voir dire) Challenges for a cause- prejudiced for or against party Preemptory challenges- dismissed without reason stated o no exclusion of cognizable group, but sometimes capital punishment and juvenile cases exclude groups legally o Attorneys try to find jurors who do not agree with them or won't side with them in the case o "death qualified"- offender could be sentenced to death if found guilty (jury influence) Started with Harrisburg 7 Levett, Crocker and Kovera- biased questions and bias with class Responsibilities- decides issues of facts/law and injects community values 200-1000 potential jurors each month- ~30 selected for duty Selection not very effective (studies by Johnson and Haney) Social scientists assist with trail consulting Attitudes really only matter on ambiguous cases Methods- mock trial, community survey and shadow juries Explanation for decisions making o Step 1: story creation (coverage, coherence, uniqueness) o Step 2: learning verdict options (difficulty with instructions) o Step 3: verdict decision (story matches accepted verdict) Process Arrest/booking Charging decision Pretrial o Initial appearance o grand jury- jury hears evidence and decides o Preliminary hearing- probable cause for trial o bail or alternatives (Bail Reform Act of 1966) Third party custody- promise of court appearance conditional release- specified conditions that must be followed, if broken, they are re-incarcerated Property bond- substitutes property for cash o Preventative detention- held in jail until trial o Arraignment- guilty/ no guilty/ nolo contendere and respond to jury indictment o Pretrial motions and plea bargaining Trial- innocent until proven guilty o Jury selection (see above) o Opening statements- both provide statements and plan for evidence o Presentation of evidence- prosecutor starts and defender refutes o Closing statements- summarize and emphasize argument to jury o Jury Instructions- judge gives explanations of laws and verdicts o Jury deliberations- must be unanimous vote Sentencing- formal punishment imposed o presentence investigation has impact Appeals- prosecutor must demonstrate why conviction must be overturned o report filed by appellant to apellee (writ of habeas corpus) Prevention Individual prevention- identifies individual predictors and implements programs to work on certain factors Community prevention- organized programs (ex: Chicago Area project, Mobilization of youth, and communities that care) problems: expensive, cooperation needed, focus on criminal aspects School-based prevention- most effective and easy access (ex: Gottfredson, Hawkins) Juvenile Justice system o History- laws protect juveniles in work conditions in 1500s and 1600s Parens Patriae- state acts as parent Separate treatment introduced (1825- House of Refuge, Lyman and Lanchester schools) o Juvenile court introduced in 1899 in Cook County, Illinois 1945- all states had system Court attempted to act in best interest of child, but not always true Kent v US- right to hearing to decide on adult waiver In re Gualt- juveniles had rights in loss of freedom In re Winship- "beyond a reasonable doubt" for juveniles Process- initial appearance with possible waiver to adult court (bind over) Rights to counsel, public trial, speedy trial, impartial jury, confront witnesses, double jeopardy and the 5th amendment Issues with Courts Overcrowding- backlog Sources- increased demands, insufficient lawyers, lack of space and lab delays Solutions- hire more, changes in system, merge steps, reduce case numbers Process Plea bargaining ensures a punishment Sentencing o sentencing guidelines- seriousness of crime and characteristics of offender Presumptive (appropriate sentence given) and voluntary (choice) o Indeterminate (not fixed) v determinate (fixed) flat-time sentencing- small discretion in sentence length presumptive sentencing- appropriate sentence that is a guideline as to what the true sentence should be judge can vary sentence downwards (mitigating) or upwards (aggravating) mandatory- required term of incarceration for crime Three-strikes laws- 3rd felony means larger sentence Truth in sentencing- must serve substantial part of sentence Appointments- judges appointed by executive and confirmed by another body Elections- partisan and non-partisan and based on merit Legal issues judge-made laws created from decisions in court Misconduct- behavior by actor that is in conflict with rules o judges- corruption allows them to be removed from office o prosecutors- pressure, incompetence, harsh penalties o defense attorneys- fail to provide competent representation Defending clients o entrapment- police/ law induced offender to commit crime o self-defense o stand your ground doctrine- no obligation to retreat o necessity- prevent greater harm o duress- coerced to commit crime o mistake of fact (ex: statutory rape) o insanity McNaughten rule- can't distinguish between right and wrong irresistible impulse standard- unable to control actions Durham rule- mental deficiency Brawner rule- decision of insanity made by jury temporary insanity Innovations Specialty courts- juvenile, drug, mental health and domestic violence Corrections History- no time in jail, usually corporal punishment Three eras of policing, according to Chief Jones Political (1830s-1900)- corruption o Robert Peel and August Vollmer Professional (1900-1960s)- centralized, technology and professionalism o Civil rights movements and National Advisory Commission on Civil Disorders found abrasive relationship between community and police o Blue blood feud- wall between citizens and police and broken relationship Era of Conflicting Pressures (1960s- present) o Lee Patrick Brown- father of community policing o Strategies and theories developed o COMPSTAT- performance management to reduce crime Eras of punishment (according to Professor Krohn) Age of Asylum (late 1700s- early 1800s)- problem population in custody in penitentiaries (solitary confinement introduced) o Solitary confinement- prisoner sentenced to own cell with no contact with other prisoners Mass Prison Era (1825-1876)- Congregate with silent system and found that solitary confinement was not beneficial Today- mass institutions with job training and rehabilitation Blumstein and Beck- found that only 12% of the increase in incarceration rates is due to crimes being committed while 88% is actually from changes in sentencing policies 1/108 men were sentenced prisoners (half violent offenses) African Americans 7x more likely and 17% have served o AA male has 32.3% chance of serving and AA female 5.6% chance US has more incarcerations per capita than any other country o More violent crimes and longer sentences Symbolic Assailant theory (Skolnick)- police associate minorities with criminals Problems- too structured and breeds crime, labeling and custody focus Alternatives- community based programs, probation and parole o Jerome Miller experiment in Massachusetts- wanted to reform system but faced opposition so (within his power) he practically shut down the institutions by moving prisoners into college campuses and essentially humanized the system Eras of punishment (according to textbook) Classical School Era (1790- 1879)- punishment proportional to crime Walnut Street Jail first to use confinement as punishment in 1786 o overcrowding, prisoners no longer isolated and costs New jails built due to population- E and W Penitentiaries o E is Pennsylvania system- humanity and reform and separate labor o Auburn, NY System- focus on punishment and used silent and congregate systems and tested solitary confinement Reform Era (1879- 1900) National Congress on Penitentiary and Reformatory Discipline Brockway- 3-mark system- prisoners are in grades (Elmira) Punishment Era (1900-1940) focus on punishment not rehabilitation convict leasing system and state-use system put prisoners to work Hawes-Cooper and Ashurst-Sumners Acts regulated prison labor Bureau of Prisons created in 1930 with Bates as head Rehabilitation Era (1940-1980) prisoners rights movements and correctional philosophies change Just Deserts Era (1980- present) more prisons built, war on drugs, and longer sentences Structure Prison types Minimum security/ prison camps- nonviolent first time offenders Medium security/ federal correctional institutions- less freedom and more rules, sometimes violent offenders Maximum security/ US Penitentiaries- dangerous and high risk Supermax/ ADMAX prisons- worst prisoners, no rehab (ex: Pelican Bay) State corrections- vary per state, some use private companies Highest rates in LA, OK, MI and AL Local- pretrial detainees and low-level misdemeanors in jails Juveniles usually at home or in group homes or juvenile detention center Actors Wardens- oversee operations, keep prisons safe and make decisions Corrections Officers- maintain daily order and use threat of punishment Probation v Parole Probation- judicial determination without incarceration but has conditions o John Augustus- father of probation o Massachusetts first state to implement in 1878 o Emphasis on maintaining offender in community o If conditions broken- hearing and possible incarceration drug tests and counseling, job, education, relationships o Officers supervise cases and recommend/rehabilitate Often overworked- traveling, collaboration issues, community barriers and salaries o Disadvantages- cooperation, availability and oversight o Advantages- cheaper, just as effective (60% successful) Parole- early release from prison, subject to conditions o 500,000 people released o Conditions similar to probation o Keys to success stable employment drug/alcohol program intervention o Parole officers and Intensive Supervision Parole (varied effects) o Most parolees fail (52% fail- need employment/ intervention) Deficits socially, economically or personally Offenders with probation or parole had increased until 2007 and have decreased since then Similarities- cheaper than incarceration, conditions to follow, consequences Supervision o intensive supervision- high risk for re-offending (10 cases) o traditional supervision- moderate risk (50 cases) o low supervision- not serious threats (100 cases) o administrative supervision- 1000 cases (punishment focus) Incarceration- holding someone in a setting for purposes of detention 5 stages- detention, classification, incarceration, pre-release/rehab, re-entry Prison subculture o set of norms in opposition to rules o Prisonization (socialization of prisons) Deprivation model- developed in prison due to lack of social life importation model- values brought in from outside world o Pains of imprisonment (Sykes)- deprivation of autonomy, goods/services, liberty, relationships, and security these strains increase likelihood of reoffending Architecture (Morris and Warrall) o telephone pole- long and connected building (high risk) o campus facility- separate buildings in area (low risk) o mixed design- mixture of two o "intelligent jail"- Goldberg and Weber- technology used Release o complete sentence, sentence overturned/commuted/pardoned, or good time credits o Inmates increased from 1978 to 2007, then dropped due to budgets, politics, changes in sentencing, support for alternatives and community Alternatives o Home confinement with curfew home detention- approval needed to leave home incarceration- "lockdown" o House arrest with electronic monitoring active- all the time passive- trigger o Day reporting centers- report on daily basis o Boot camps- gives shock incarceration o Community service o Work release and restitution centers Acts of stupidity laws- Schembri Issues with Corrections Prisoner Rights restricted o hands-off doctrine- states oversee themselves o Petitions Civil rights- violating rights Habeas corpus- incarceration unlawful Motion to vacate sentence- sentence length is in violation Mandamus- entity must perform action o Prison Litigation Reform Act- created filing fees to deter prisoners from filing unwarranted petitions Danger- riots due to violent histories, diet, structure of prison, situational factors, overcrowding, free time and prison culture o Famous ones in Attica and Santa Fe Penitentiary o Study by Light showed that prisoner-staff violence due to prisoners feeling that they are being treated unfairly Sexual assaults- Prison Rape Elimination Act of 2003 curbs sexual violence Health care- higher rates of HIV/AIDS and other diseases due to close contact, risky activities and barriers to prevention o Health care provided because of rights, preparation for re-entry, prosocial behavior, legal reasons and cheaper Correctional employees o Misconduct- illegal acts o Stress- environmental, situational, biological and work/home factors Different Types of Offenders o Juveniles- dangers of detention may lead to more harm than good o Females Female correction officers- shown to better diffuse situations and concern with victims in prison Female inmates Moyer study- traditional sex roles reinforced and create pseudo family groups Female probationers/ parolees- parenting services provided to aid and usually less serious crimes with less supervision o Sex offenders- stigmatized, victimization history, long sentences, and restrictions Civil commitment laws, GPS monitoring, exclusion zones, register with police, polygraph submission and potential chemical castration (drugs reduce sexual impulse) o Mentally ill- improper treatment, risk of victimization and re-offending Community Mental Health Act- deinstitutionalizing and treating in communities to prevent criminalization of mental issues Punishment strategies o Death penalty/ capital punishment History- death punishments were common (code of Hammurabi, Draconian doe, Roman law of 12 tablets, King Henry VIII) US 17C and 18C- witchcraft, idolatry, blasphemy and adultery- death penalty 20,000 people executed since start in US (most males, some youth) Today there are 5 ways to implement death penalty o Lethal injection (most common), electrocution, gas chamber, hanging, firing squad Furman v Georgia- Supreme court struck down death penalty because it is discriminatory against poor and minorities Needed to be in proportion to crime committed 30 states revised death penalties Hurst v Florida- SCOTUS decision requires revision of Florida death sentence as time that Hurst was being sentenced to death Jan 12, 2016- now in Florida Supreme court Brady v US- court decision did not find that threats of the death penalty and large sentencing were evidence of coercion Comprehensive Crime Control Act of 1984- revision of criminal code and reinstitution of death penalty Pros and cons Pros- deterrence, crime control, retribution, ‘eye for an eye’ Cons- possible errors, inhumane, expensive, issues with crime control Most countries have abolished death penalty Innocence Project- April 6, 2016 337 DNA exonerations for death penalty found (innocent put to death) o Due to eyewitness misidentification, invalidated forensics, false confessions, informants o Recidivism 2/3 offenders arrested again within 3 years ¼ parolees resentenced o Criminogenic sanctions- some actually cause, not deter, crime Prison environment, learning from other offenders, perceptions of fairness, community consequences of incarceration, lack of treatment o Treatment Martinson’s report- “nothing works” Unrealistic expectations, implementation designed wrong, difficulties measuring success and lack of evidence-based treatments o Restorative Justice- focus on first making victim whole, then shaming offender and finally reintegrating (Braithwaite, Umbreit, Zehr and Bozemore)
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