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LSU / Engineering / SOCL 3371 / When did jails emerge in america?

When did jails emerge in america?

When did jails emerge in america?

Description

School: Louisiana State University
Department: Engineering
Course: SOCL 3371
Professor: Matthew valasik
Term: Fall 2015
Tags: prison, Criminal Justice, and Jails
Cost: 50
Name: Final Study Guide
Description: Material for the final exam.
Uploaded: 11/30/2017
36 Pages 52 Views 2 Unlocks
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Final Study Guide


When did jails emerge in america?



 ∙    History of Jails and Prisons: Introduction o Intro:

 Prison—facility designed to house individuals  for a period of times as a form of punishment  

for breaking the law.  

∙ Relatively new concept of punishment.  

 Jails began to emerge in the Americas at the  same time that the English settlers first  

arrived.  

∙ Not typical form of punishment.

∙ Preferred—

o Hippings

o Fines

o Stocks We also discuss several other topics like How does perfect correlation exist?

o Physical labor

  Jail conditions 

∙ Small in size.


What is the general conditions of the early jails in america?



∙ Poor.

∙ Overcrowded.

∙ Paid their own way including food.

∙ Lacked basic necessitates such as heating,

water, or plumbing.  

∙ No segregation.  

∙ High levels of death and disease.  

  Walnut Street Jail

∙ Philadelphia.  

∙ Opened in 1776.  

∙ Became military prison till 1784.

∙ Serve out sentences by 1789.  

∙ Solitary confinement and hard labor.  

 ∙    History of Jails and Prisons: The Pennsylvania  System 


What are the characteristics of the pennsylvania system?



We also discuss several other topics like How to minimize these unwanted effects?

o The Pennsylvania System

 Characterized by larger cells.  

 Separate and silent system.

 Hard work.

 Religious transformation.  

 o Eastern State Penitentiary 

 Philadelphia

 Inmates worked in cell.

 Filled to capacity and beyond.

 Solitary confinement has negative impact.  

 ∙    History of Jails and Prisons: The New York System o The New York System:

 Some similarities to Pennsylvania system.

 Auburn Prison

∙ Smaller cells than Eastern State.  

 Congregate labor systems—work side by side.  

∙ Prohibited from communicating with each  

other.  

 Became more popular.

2

 Able to house more individuals.  

 Benefits from prison labor on a larger scale. We also discuss several other topics like How are ions charged?

∙ Used prisoners from auburn prison to build

another prison.  

 Still experienced overcrowding and disciplinary  issues.  

 Sing Sing

∙ Opened in 1831.

∙ 800 cells and more added later.  

∙ Corporal punishment.

∙ Abuse of prisoners in the name of  

“rehabilitation.”

∙ Made famous by use of electric chair.

o 614 executed between 1891-1973.

 ∙    History of Jails and Prisons: The Reformatory Era o Emerged in 1876. If you want to learn more check out What is nonviolent action?

o New York’s Elmira Reformatory.  

 Good time credits—allowed inmates to earn  time off of their sentence for good behavior.

 Zebulon Brockway

∙ Incentive system.

∙ Parole

o Early release from prison

 ∙    History of Jails and Prisons: The Punishment Era o Punishment Era:

 Dominated between $1900 AND $1940

3

 Prison labor became popular again.

 Prison Growth

 High security facilities.  

∙ San Quentin, Statesville.

∙ Alcatraz

 Shift away from punishment model post WWII. ∙ Rehabilitation remerges (again)

∙ Rehabilitation falls out of favor again in  Don't forget about the age old question of What came out of the primordial soup experiment ?

1980s.

 Punishment returns to center stage in 1980s  ∙    Jails: Introduction 

o Intro:

 Jails today house individuals awaiting criminal  prosecution.  

∙ Not eligible for bail.

∙ Cannot afford bail.

 Can house inmates on short-term sentences.  Transfer facility.

 Mental health issues.  

 Immigration violations.

 Probation or parole violations.

 Community based programs.  

∙ Work release.

∙ Day reporting.

∙ Alternatives to incarceration.  

 Managed by local city or county governments.  4We also discuss several other topics like What are some practical examples of rationalization?

 Staffed by local police or sheriff.  

 ∙    Jail: Jail Inmates 

o 2014: 744,600 housed in local jails.

o California housed the largest number of jail inmates  over the year.  

o Female inmate population increased 18.1% between 2010 and 2014.

 Male inmate population decreased by 3.2%

o Whites make up majority of all inmates (47%) in  local jails.

o 7% are veterans.  

o 11.4 million persons admitted to local jails between  June 2013 and June 2014.  

o 37% convicted of crime.

o 63% waiting for cases to proceed through system.

o 79 jails operated by Tribunal authorities and Bureau  of Indian Affairs.  

o 27% in custody for violent crimes.  

 ∙    Jails: Jail Challenges: 

o Short-term facilities face constant population  change.  

 Difficult to provide meaningful management of  these offenders.  

o Psychological distress in month prior to their  time in jail.  

 Inmates with disability.

 Chronic conditions.  

 Female inmates.  

5

 Women and cognitive disability.  

o Inmates dying in custody.

 967 inmates died in custody in 2013.  

 Suicide is most common.  

∙ 1/3

 homicide by other inmates.

 Homicide by staff.

 Other injuries.  

 ∙    Types of Prisons: Introduction  

 o Intro: 

 Several different types of prisons.

∙ Federal prison system—convicted of  

violations of federal law.  

∙ State maintains own prison system.  

∙ Used private prisons.  

∙ Military prisons.  

∙ Psychiatry prisons—prisoners seen as  

mentally ill.  

 ∙    State Prisons 

o 2014—1,350,958 in state prisons nationwide.  

o 612 adults per 100,000 residents—rates of  incarceration.  

o Number of individuals incarcerated in prisons has  increased substantially.  

o 92.6% of all state inmates are male.  

o Texas has the largest number of inmates  

incarcerated.  

6

o Mississippi saw greatest decrease in prison  

population.  

o 53.2% of all inmates are in state prisons for violent  offenses.  

o 15.7% for drug crimes.  

o 11.0% for public order offenses.

 Illegal gambling

o Women are more likely to be incarcerated for  property and drug related offenses.  

o Men are more likely to be incarcerated for violent  crimes.  

o Blacks have higher rates of incarceration for violent  offenses.

o Whites have higher rates of incarceration for  property crimes.  

o Significant changes to sentencing laws.  

o Expensive investment.  

 ∙    Types of Prisons: Federal Prisons 

o Federal Prisons:

 Designed to hold violators of federal crimes.

 The Bureau of Prisons (BOP) was established in  1930.

o Sentencing Reform Act of 1984

 Number of institutions exploded.

 Inmate population exploded.  

o 2015—198,953 inmates housed in federal prisons.  

o Majority of inmates are males (93.3%) and white  (58.9%)

7

o Majority offenders are between the ages of 31 and  40 (36.4%)

o Majority of offenders are incarcerated for drug related crimes.  

 ∙    Types of Prisons: Private Prisons 

o Private Prisons:

 2014—131,300 inmates housed in privately-run facilities in 30 states.

 New Mexico is lead in this category (44%).  

o Corrections Corporations of America (CCA)  Largest entity of private prisons.

 California is largest state client.  

 State pays $214 million to CCA.

o Federal government paid $752 million to house  inmates.  

o 130 private prisons nationwide offer 157,000 beds  for hire.  

o Due to dramatic prison population growth.  

o Competitive bidding practices.  

o Not subjected to same levels of bureaucracy.   ∙    Types of Prisons: Military Prisons 

o Military Prisons:

 House individuals convicted of a crime while a  member of the armed forces.

 2014—1,409 members of the armed forces  

incarcerated.  

 Majority from Army (54%)

 43% incarcerated due to violent crime.  

8

 24.4% convicted of violent sexual offense

 37.2% of nonviolent sex offense.  

 61.7% of all for sexually-based offenses.  

 Consolidate service branches or separate  

institutions.  

 Alcatraz Island was a military prison.  

 Fort Leavenworth in Leavenworth, Kansas.

 No executions under military authority since  1961.

∙ 6 prisoners currently on death row.  

 ∙    Prison Security Levels: Security Organization  o Security Organization:

 Organized by security level.

 Four categories of prison security.

 Refers to how restrictive the security of a  

facility is.  

 Differ in terms of—

∙ Physical design

∙ Staffing

∙ Types of operational policies.  

o Minimum Security Level Prison

o Medium Security Level Prison

o Maximum Security Level Prison

o Supermax

 ∙    Issues in Incarceration: Overcrowding o Overcrowding:

9

 Occurs when there are more individuals in  

prison than a facility is designed to house.

o Bureau of Prisons and 18 states are dealing with  this issue.

o Federal facilities are operating at 128%.

o Consequences—

 Struggle to provide adequate space to house  offenders.

 Larger spaces repurposed to create more  

dormitories.  

 Job and rehabilitative programming can be  

reduced.  

 Increased tension between inmates.  

 Increased levels of misconduct.

 Can impact health and welfare of the prison  staff.  

o Assembly Bill 109.

 Reclassified certain felonies.  

 Permits some offenders to serve their time in  county jails.  

 Good time credits.  

 Participate in specialized programming.  

 ∙    Issues in Incarceration: Prison Misconduct o Prison Misconduct:

 Threaten safety and security of a facility.

o Several different forms of misconduct behind bars—  Violence.

 Drug use.

10

 Rule violations.

 Security related violations.  

 Prison gangs.  

 Sexual misconduct.  

 ∙    Legal Rights of Prisoners 

o Retain several constitutional rights.  

 Right to consult inmate lawyers.  

 Adequate library facilities.

 Medical attention.  

 May not be indifferent to overcrowding, poor  lighting, poor ventilation, and unsanitary  

conditions.  

 Prisoners don’t have a right to privacy. Cells  can be searched by prison staff.

 ∙    Correctional Officers 

o Correctional Officers

 Central component of the criminal justice  

system.

 Security of the correctional institution and  

safety of inmates.

 Involved with every aspect of the inmate life.   Duties range from—

∙ Enforcing the rules and regulations of the  

facility

∙ Responding to inmate needs.  

∙ Diffusing inmate conflicts.  

11

∙ Supervising the daily movement and  

activities of the inmates.  

 2013—434,420 correctional officers working in  prison facilities nationwide.  

 On the job stress.  

 High degree of bureaucracy contributes to job  dissatisfaction.

 Risk of harm from the inmates.  

 Feel stuck in roles.

 ∙    Conclusion: 

o Management of jails and prisons comprises a  significant part of state and Federal correctional  budge.

o Overcrowded prison.

o Difficulty delivering inmate services.

o Threats to safety and security of the facility, the  residents, and the staff.

o Policymakers will need to reevaluate how these  institutions will be used as form of punishment and  whom to house.  

 ∙    Community Corrections 

o Two distinct populations:

 Those who have been sentenced for a crime.  

 Those who have been charged with offenses  and are waiting for their cases to be resolved  

by the criminal justice system.  

 ∙    Pre-Trial Release: Bail 

o Bail:  

12

 Financial commitment provided to the court in  exchange for the promise to appear at a later  

date.  

 Remain at home while waiting for court date.   Release on own recognizance.  

∙ Personal promise to return to court.  

 ∙    Diversion: Introduction 

o Introduction:

 Refer offenders to program instead of  

processing through the system.

 Often used with first-time low-level juvenile  offenders.  

 Often involve—

∙ Anger management

∙ Substance abuse education

∙ Community service.

o Four primary benefits—

 Reduce number of cases.  

 Provide skills that aid in rehabilitation.  

 Avoid stigma associated with criminal  

conviction.  

 Cost benefits.  

 Mixed research on their ability to reduce crime  and recidivism.  

 ∙    Diversion: Specialized Courts 

o Specialized Courts:

 Target specialized populations

13

∙ Mental health courts.

∙ Drug courts.  

o First court set up in Miami.  

 May lack adequate budget.  

 Eligibility requirements eliminate many  

individuals.  

 ∙    Probation: A Brief History of Probation 

o Supervision of offenders in the community in lieu of  incarceration.  

o Dates back to Middle Ages and English Criminal law. o John Augustus—

 First volunteer probation officer in 1841.  

 o 1925—National Probation Act 

 Established the U.S. Federal Probation Service.

 o The Federal Probation and Pretrial Officers  Association 

 Provide policy analysis and advocacy on a  

variety of issues.  

∙ Officer safety.

∙ Training.

∙ Staffing.  

 ∙    Probation: Probation in the 21st 

 Century 

o Account for the greatest population of all individuals in community corrections.

o Average length of probation is under two years.  

o 2014—while the majority of inmates complete their  probation, 35% do not, for various reasons, and  many end up incarcerated.  

14

 ∙    Probation: Types of Probation 

o Several different types of probations sentences. o Vary by jurisdiction and needs of offender. o Involves specific terms and conditions.  

o Supervised probation—most common type  Required to check in.  

 o Most common conditions— 

 Report to probation officer as directed.  

 Permission to change residence.  

 Report any arrests or contact with police or  probation officer.  

 Maintain employment.  

 Maintain attendance in school.

 Follow house arrest procedures.  

 Participate in specific programs ordered by  court.  

∙ A.A.

∙ Anger management

∙ Detox/ rehab.  

 Pay fines.  

 Pay restitution.  

 Community service.  

 No contact with victim.  

 Follow curfew.  

 Not possess any weapons.  

15

 No contact with individuals on probation,  

parole or that have a criminal record.  

 Maintain sobriety.

 Submit to reasonable searches and seizures.  o Intensive Probation

 More intensive form of supervision.

 Closely monitor daily activities of their  

offender.  

 Smaller caseloads for officers.  

 Electronic monitor or GPS tracker.  

o Split-sentence probation

 Short-term incarceration sentence with  

traditional probation sentence.  

 Designed to serve as a stronger deterrent  

against criminal behavior.  

 Encourage greater compliance with a probation sentence.  

o Crime-specific supervision

 Organizes caseload by specific offense types.  Focus on unique needs of specific population.   Type of intensive probation.  

 Smaller caseloads.  

o Unsupervised probation:

 Not required to check in with probation officer.   Meet certain terms and conditions set by court.  Used in cases of minor level offenders.  

 Can be recalled by court if reoffend.  

16

 ∙    Probation: Duties of the Probation Officer o Duties of probation officer:

 May be involved throughout every stage of  

system.

∙ Make recommendations about pretrial  

detention.  

∙ Supervise offender during pretrial  

supervision.  

∙ Involved in management of offender case  

as part of program.

∙ Managing community sanctions or  

probation sentence.  

 ∙    The Pre-Sentence Investigation Report (PSI) o One of primary tasks of probation officer.  

o Conducts interview with offender, parents, legal  guardians, school officials or treatment providers for juvenile cases.

o Provides court with detailed information regarding  background of offender.  

 Demographics

∙ Where they live.

∙ Income

∙ Education level

o Probation officer opinions.  

o Assessment of offender’s needs.  

 ∙    Probation: Probation Revocation 

o Defendant violates the terms and conditions of their probation or they commit a new crime.  

17

o Subject to having their probation sentence revoked  by court.  

 o Courts have two options: 

 Decide to continue the offender on probation.

 Revoke the sentence of probation and  

resentence the offender to a new punishment.   ∙    Intermediate Sanctions: Introduction 

o The category of intervention between probation and incarceration.  

o Used in conjunction with probation or parole  supervision.  

o Additional sentencing options.  

o Tailor to unique needs of offender.  

 ∙    Intermediate Sanctions: House Arrest and Electronic Monitoring 

o Requires offenders to remain in homes in lieu of a  jail or prison.  

o Permitted to leave for short-term approved  

purposes.  

o Global positioning system (GPS) technology:   Locate and monitor the movement of  

offenders.  

 ∙    Intermediate Sanctions: Day Reporting Centers and  Work/Study Release Programs. 

o Day reporting Centers:

 Requires an offender to attend a program or  center during the day.  

 Allows them to live in their own homes during  evenings.  

18

o Work/ study release program

 Currently housed in a local jail.

 Offenders can leave facility during the day to  go to work or school.  

 Remain in jails during the evening and  

weekends.  

 ∙    Intermediate Sanctions: Halfway Houses 

o Transitional living arrangement for ex-offenders  upon their release from jail or prison.  

o Residences provide supervision of offenders.  

o Require residents to participate in programs to aid  in reentry process.  

 ∙    Parole: A Brief History of Parole 

o Developed during the 19th century.

o Alexander Maconochie

 Credited with the rise of parole as correctional  strategy.  

 System of credits based on  

o Sir Walton Crofon

 Inspired by Maconochie’s efforts.

 Implemented practice at the Irish Prison  

System in 1854.

 Developed supervision program for offenders  after being released.  

 Provided supervision, accountability, and  

assistance finding jobs.  

 ∙    Parole: Parole in the 21st 

 Century 

o Sentencing Reform Act of 1984

19

 Abolished parole for Federal levels.

 Many states followed this trend.  

 ∙    Issues in Reentry: Introduction 

o Intro:

 High needs for incarcerated returning to  

communities.  

 Recent scholars have focused on reentry to  

discussions on how to successfully transition  

offenders back into their communities.

 Can be traumatic.  

 Issues emerge in creating a successful reentry  experience.

 ∙    Issues in Reentry: Employment Challenges o Face “ex-offender” status identity.

o Disclose whether they have ever been arrested for a crime on applications.

 Can exclude applicant from consideration.

o Lack of education or training makes it difficult.   ∙    Issues in Reentry: Drug Addiction 

o One of the primary reasons offenders are involved  in criminal activity and sent to prison.

o Issues of addiction can lead to recidivism.  

o Impacts ability to maintain stable employment and  secure housing.

o Struggle with gaining access to services.

o Many offenders will return to the addictions and  lifestyles.  

 ∙    Issues in Reentry: Access to Healthcare 20

o Limited access to physical and mental health care.  o Inability to pay.  

o Lack of knowledge about where to obtain  

assistance.  

o Can impede ex-offender’s successful reentry  process.

o Overemphasis on the use of prescription  

psychotropic medications.

o Limited availability of therapeutic interventions.   ∙    Issues in Reentry: Access to Resources o Unavailable or limited resources

o The Welfare Reform Bill of 1996

 Denies service and resources for those with a  criminal record.  

 Denies to felony drug-related charges.

 Lifetime ban for TANF.

∙ Temporary Assistance to Needy Families.  

∙ Food Stamps, WIC, etc.  

∙ LA Chip

 Barred from living in public housing  

developments.  

 Limit availability of Section 8 housing options.  o Jeopardize efforts.  

 ∙    Conclusion  

o Community correctional programs support offenders in the community, either in lieu of an incarceration  sentence or following a sentence in jail or prison.  

21

o Price of net-widening and increased supervision of  offenders.

o Unclear whether this increased supervision helps to  prevent crime.

o Programs represent a significant cost-savings to the state and federal criminal justice systems.

o Still significant progress to be made.  

 ∙    History of the Juvenile Justice System: Overview 

o First juvenile court was established in 1899 in  Chicago.  

o Allow delinquent youth cases to be heard outside of  the criminal courts.  

o Large degree of discretion.  

 ∙    Structure of the Juvenile Court: Delinquency Cases  & Dependency Cases 

o Delinquency Cases:

 Jurisdiction over two different populations—

Delinquency and dependency cases.  

 Court is responsible for cases involving charges of delinquency.

∙ Delinquency refers to act considered  

criminal and status offenses.

∙ Status offender—act that is prohibited  

under the law for only individuals under a  

certain age.

o Illegal drinking under the age of 21,  

Truancy, Running away, etc.

o Responses to status offenses vary by  

state.  

o Dependency Cases:

22

 Second type of case managed by juvenile  

justice system

 Dependency cases—youth who have been  harmed or neglected by their parents.

 Parents cannot or unwilling to care for their  

child.

 Juvenile court steps into accept legal custody  of youth.  

 Legal custody—court is now responsible for  all decisions made about child.

 Physical custody—youth sent to live with  

temporary home or foster care family.  

∙ COURTY MAY ASSIGN physical custody to  

another family member or friend of family.

∙    Structure of the Juvenile Court: Juvenile Justice  Process 

 o Juvenile Justice Process: 

 Intake

∙ Juveniles enter system through this  

branch.

∙ Review report submitted by police.  

∙ Determine what should happen in each  

case.  

∙ High degree of discretion.  

∙ Officer options

o Place youth in temporary shelter or  

detention facility.

o Remand a youth to custody.

o Release youth to parent’s care.

23

o Sent to diversion

 Diversion—allow for youth to  

complete a set of requirements  

in lieu of being processed.

o Referred to juvenile court.

 Processing

∙ Many cases are handled on an informal  

basis or are sent to diversion.

∙ Some referred to juvenile court.

∙ Majority remain in custody of parents or  

guardians.  

∙ Judge is active in process.

∙ Delinquency petition—allows for juvenile  

courts to retain jurisdiction over a case.  

 Adjudication

∙ Judge renders decision in case.  

∙ Proved beyond reasonable doubt.  

∙ Terminology helps distinguish differences  

between how cases are handled compared

to adult court.  

∙ If adjudicated, court holds a disposition  

hearing—determines the plan of action.  

∙ Balances the issues of community safety  

with best needs of the child.  

 ∙    Landmark Cases for Juvenile Offenders: Overview o Overview:

24

 Early juvenile courts were designed to treat  

youth, not to punish them.  

 Juveniles did not have the same due process  protections as adults in criminal courts.

 Courts began to function as tool of punishment  by mid 20th century.  

 Several Supreme Court decisions during the  1960s highlighted the need for due process in  

juvenile court—

∙ Kent v. United States (1966)—waiving  

jurisdiction without a hearing is a violation

of the U.S. Constitution.

∙ In re Gault (1967)—juveniles must be  

informed of their right to remain silent,  

have right to attorney (including having  

one provided for them if they cannot  

afford one), have the right to reasonable  

notice of the charges against them and  

have the right to confront and cross  

examine witnesses.  

∙ In re Winship (1970)—the burden of  

proof for juveniles’ adjudication hearings  

must be beyond a reasonable doubt.

∙ Breed v. Jones (1975)—juveniles cannot  

be tried for the same case in both the  

juvenile court and the criminal court.  

∙ McKiever v. Pennsylvania (1971)—

juveniles do not have the constitutional  

right to a jury.  

∙ Eddings v. Oklahoma (1982)—age  

should be considered as a mitigating  

25

factor in determining whether someone  

should receive the death penalty.  

 ∙    Landmark Cases for Juvenile Offenders: The Death  Penalty 

o The Death Penalty:

 Remained unchanged nationally for 16 years.   2005- several states changed their laws.  

∙ 31 jurisdictions prohibited the death  

penalty for juveniles.  

∙ 19 states set a minimum age for  

punishment at 18.  

∙ 12 states prohibited the practice for all  

individuals.  

o Public support for executions of juveniles fell  dramatically.

 Evidence presented that juveniles may lack the appropriate brain development to understand  

the consequences of their actions.  

o Roper v. Simmons (2005)—execution of  

individuals under the age of 18 was a violation of  the 8th amendment protection against cruel and  unusual punishment.  

o Began to consider other sentences as cruel and  unusual  

 Graham v. Florida (2010)—juveniles cannot  be sentenced to life imprisonment without  

possibility of parole (LWOP) for non-homicide  

crimes.  

26

 Miller v. Alabama (2012)—mandatory LWOP  sentences for juveniles in homicide cases were  unconstitutional.

 Montgomery v. Louisiana (2016)—

determined that the ruling in Miller must be  

retroactive, meaning that all offenders who  

were sentenced to LWOP for a crime that they  

committed as a juvenile either need to be  

resentenced to a specific term or incarceration  or be rendered eligible for parole.  

 ∙    Demographics of Juvenile Offenders: Overview o Overview:

 2013—juvenile courts nationwide managed  

over one million cases.  

 Reduction from previous decades.  

∙ 2013—handed 9% fewer cases than they  

did in 1985.  

∙ 2013—28% of delinquency cases were  

made up of girls (72% boys)

o girls most likely to be involved in  

crimes against person and less likely  

to be involved in drug related  

offenses.

∙ Most cases involved white and black  

youth.

o Whites—62%; blacks 35%

∙ Youth under the age of 16 made up 53% of

all delinquency cases.  

 ∙    Issues in Juvenile Justice: Introduction 

o Intro:

27

 Push to treat serious and violent juvenile  

offenders more like adult counterparts.  

 Policy makers influenced to introduce stricter  laws about juvenile offending.

 Altered which case would be heard by the  

juvenile court.  

 Shifted court to a more punitive model.

 ∙    Issues in Juvenile Justice: Juvenile Waiver o Juvenile Waiver:

 Juvenile court may decide that they are not the appropriate place to manage a case.  

 Cases are transferred to the adult criminal  

court for processing.  

 There are three ways that could happen:

∙ Legislative, prosecutorial, and judicial  

waiver.  

 o Legislative Waiver 

 Youths of a particular age, combined with a  

specific category of offense (usually involving  

serous and violent felonies) were automatically sent to criminal court.  

 Youth as young as 10 can be waived to adult  court.  

 Philosophy of “do the crime, do the time.”

 Once youth is sent to criminal court,  

subsequent cases will be handled by adult  

court, regardless of severity.  

 o Prosecutorial Waiver 

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 Up to prosecutor to decide whether to file the  case in juvenile court or in the criminal court.  

 Cases can be tried in either court and this is  referred to as concurrent jurisdiction.  

 Pursuing case in criminal court is called a  

direct file.  

∙ Traditional practices and sentencing  

options normally available to juvenile  

offenders are eliminated.  

 o Judicial Waiver 

 Also caused discretionary waiver.  

 Formalized in Kent v. United States (1966)

 Requires that before a youth can be sent to  the criminal court, the juvenile court must hold  a hearing to assess whether youth could still  

benefit from the resources available in juvenile  court.  

o Cases waived to adult court

 Juvenile waivers peaked in the mid 1990s and  declined every since.

 1985—5800 youth judicially waived.

 1994—13,600 youth judicially waived.

 2011—5,400 youth judicially waved.  

 Disproportionately impacted youth of color.  

 ∙    Issues in Juvenile Justice: Juvenile Confinement o 1997—116,701 youth were incarcerated.

o Youth in custody has declined 42% since 1997. o 2011—61,423 youth were incarcerated.

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o U.S. still has one of the highest rates of youth  incarceration in the world.  

o Majority involves act of delinquency

o Small percentage institutionalized for status  offenses.

o Majority committed by the court.  

o Committed to a variety of different facilities  Majority held in detention (short-term  

residential) or long-term secure residential  

facilities.  

 Group homes

 Boot camps

 Aftercare programs.  

o Juvenile Justice and Delinquency Prevention  Act (JJDOA)

 Deinstitutionalization of juvenile delinquents,  and specifically targeted the incarceration of  

status offenders.

 Mandates to remove youth from adult lockup  facilities.  

 Insure youth are not housed next to adult cells  Insure youth do not share public spaces.

 Reauthorized several times.  

 ∙    Terrorism: Introduction 

o Intro:

 Designed to elicit fear or terror in a particular  group of people.  

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 FBI definition- violent or dangerous activity that violates state and/or federal law and “appear  

to be intended.”

∙ To intimidate or coerce and civilian  

population.  

∙ To influence the policy of a government by

intimidation or coercion.

∙ To affect the conduct of a government by  

mass destruction, assassination, or  

kidnapping.

 Often linked to political agenda.

 Can be an act of both physical and emotional  violence.  

 ∙    Terrorism: Types of Terrorism 

o Types of Terrorism:

 Domestic terrorism—

∙ Those acts that occur within the  

jurisdiction of the U.S.

 International terrorism—

∙ “occur primarily outside territorial  

jurisdiction of the U.S., or transcend  

national boundaries in terms of the means

by which they are accomplished, the  

person they appear intended to coerce or  

intimidate, or the locale in which their  

perpetrators operate or seek asylum.”

∙ State-sponsored terrorism

o Ex. Ordered bombing in response to  

military action against Libya.  

∙ Dissident terrorism

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o Acts that are committed by non-state  

groups against governments,  

religious entities, and citizens. Occur  

over long frustrations about how  

society functions.  

∙ Religious terrorism

o ISIS.

 ∙    Terrorism: Prevalence of Terrorism 

o The National Consortium for the Study of  Terrorism and Responses of Terrorism (START)

 Maintains the Global Terrorism Database on all  known domestic and international terrorist  

incidents.

 Contains information on over 140,000 terrorist  attacks.

 Information on 58,000 bombings, 15,000  

assassinations and 6,000 kidnappings between 1970 and 2014.

 Terrorism existed long before September 11  event.  

 ∙    Homeland: Responses to Terrorism Post 9/11 o Responses to Terrorism Post 9/11:

 Federal government responded 11 days later  with the establishment of the Department of  

Homeland Security.

 Passed two key acts of legislation.

∙ Changed infrastructure on how cases were

investigated.  

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∙ Changed infrastructure to the methods by  

which such investigations could be  

conducted.  

 The Department of Homeland Security Act of  2002.

o The USA Patriot (United and Strengthening  America by Providing Appropriate Tools Require to  Intercept and Obstruct Terrorism) Act of 2001— made a number of revisions to existing law.  

 Established a fund  

 Created new methods for gathering  

intelligence information.  

 Increased record keeping requirements for  

banks to increase detection of money  

laundering.  

 New provisions to mandatory detention laws  for individuals who engaged in terrorism or  

who engaged in threating terrorism.  

 Expanded the numbers of crime that were  

included under the definition of terrorism acts.   o USA Freedom Act 

 Changed the way the phone data is collected  by authorities.  

 Phone companies retain the data about phone  records.  

 Require the government to receive permission  by the courts to obtain information from  

targeted individuals.  

 Still able to follow suspected terrorists with  

roving wiretaps and use national security  

resources.  

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 ∙    Border Control: Introduction 

o Intro:

 Border control—efforts that a country takes to  regulate and maintain its borders.

 Border control discussions have increased  

since 9/11.

∙ Main three issues:

o Terrorism  

o Immigration

o Transnational crime

 ∙    Immigration: 

o Act of entering a country for the purposes of work  or residency.  

o Involves both criminal justice agencies locally and  nationally.  

o Three primary Federal agencies.

 Customs and Border Protection Agency

 Immigration and Customs Enforcement (ICE)  Bureau of Citizenship and Immigration Services  ∙    Transnational Crime 

o Generally, are acts that—

 Occur across the boundaries of different  

countries.  

 Involve migration between borders as part of  the criminal activity.  

 Take place in one country but involves a group  that engages in similar activity in several  

regions.

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 Takes place in one country, but has a  

significant effect on another region.  

 ∙    Human Trafficking 

o Abduction of individuals for the purposes of  exploitation.

o Second largest criminal activity.

o Fastest growing criminal enterprise in the world.

o 2008—approximately 2.5 million people from 127  countries are victims of trafficking.  

o Several ways victims are trafficked

 Force labor

 Debt bondage

 Sex trafficking  

 ∙    Organized Crime 

o Most common form of transnational crime.

o Involves coordinate efforts of individuals.

o Creating opportunities for financial gain.

o Developed countries of leadership.

o Some linked to terrorist activities and variety of  other crimes.

o Crimes threaten national security.

o Bribery and corruption occurs within these groups.

o Agents of organized crime can use technology  (cybercrime)

∙ Drugs and Arms Trafficking

o Drug Trafficking involves the cultivation,  

manufacturing, distribution and sale of illegal drugs. 35

o Arms trafficking involves illegal transport of guns  and ammunition.  

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