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P100 Exam 3 Study Guide Ch 10 412010 64000 AM Chapter 10 The Structure of the Courts Important Concepts Federal Court System Structure 0 Differ from that of State courts in that the Fed Level does NOT have LowerInferior Courts that have Limited Jurisdiction like States do Uni ed structure w jurisdiction throughout US and its territories Opposite of States Federal Court Structure 0 3 US Supreme Court 7 Court of Last Resort 0 2 US Court of Appeals 7 Chicago 0 1 US District Courts Start here then move up 7 Indianapolis State Court system structure Dual Court System 0 Courts at both the m and the m levels Jurisdiction o What does Jurisdiction mean 0 Subject Matter How serious is the offense 0 Geography State courts ONLY have jurisdiction in their state 0 Hierarchy Appellate Jurisdiction 0 Do NOT try a case 7 review judgment of a lower court 0 An appeal is based on some contention ofthe law 0 Procedural Challenge 7 Challenge the proceedings 0 Substantiate Challenge 7 Challenging the ACTUAL law 0 Many times more than 1 judge reviews the case 7 Will have a panel of judges 0 Intermediate Court of Appeals 0 Serves to relieve the state s highest courts from hearing every case However an unfavorable case does NOT mean State Supreme Court will hear case 0 State Court of Last Resort 0 Each state has a court of last resort In most instances this is referred to the State Supreme Court 0 Has the power to choose which cases they will try Original Jurisdiction 0 General authority to conduct trial and pretrial activities in all criminal cases 0 Size of jurisdiction depends on how many courts 9 A majority of the counties Qudicial circuits in IN have just 1 judge 9 Smaller jurisdiction o Courts of Record 7 A full transcript of the proceedings is made for all cases This is when they first start keeping track of what s going on to make sure you re getting a fair trial 0 Hear appeals from lower courts in the form of Trial de Novo Limited Jurisdiction 0 Lower Criminal Courts the entry point for criminal judicial processing 0 Also referred to as limited jurisdiction limited in what they can do 0 Hear minor cases amp conduct some pretrial activities 0 Job is to get cases out of the system that aren t very serious 9 Traffic Ct o Ultimately deal with 90 of cases Justice of the Peace courts Trial de Nova 0 A new trial on appeal from a lower court to a court of general jurisdiction State Court Administrators Uni ed Court System Federal District Courts 0 The trial courts of the federal system and the District of Columbia 7 The Courts of General Jurisdiction 0 Created by the federal Judiciary Act 7 there are now 94 89 in states 1 in DC 0 Jurisdiction over cases involving violations of federal law 0 Bank robbery civil rights abuse mail fraud counterfeiting smuggling kidnapping and crimes involving transportation across state lines 0 Try cases that involve compromises of national security treason sedition espionage selective service violations copyright infringement and jurisdictional disputes and violations of regulatory codes SEC etc 0 Civil actions amp Petitions filed by state and federal prisoners 0 Each District Court has one or more judges depending on caseload Most trials have a single judge and defendant may request for jury 0 Complex civil cases a 3 judge panel may be convened 0 Significant increase in caseload with insignificant increase in judges Federal appeals categories Judicial Review Stare Decisis 0 quotMaintain what has been decided and do not alter that which has been establishedquot quotRule of Fourquot 0 Must convince 4 of 9 Justices that your case has some constitutional issue Writ of mandamus Writ of Celtiorari o A writ issued by the Supreme Court ordering some lower court to forward up the record ofa case it has tried so the High Court can reView it 0 Prior to this granting of certiorari case MUST pass the Rule of Four M arbury v Madison Going rate Local legal culture Urban V Rural Courts Courtroom Workgroup V grouping P100 Exam 3 Study Guide Ch 11 412010 64000 AM Chapter 11 Judges Prosecution amp Defense Important Concepts Judges roles amp responsibilities 0 Missouri Plan aka the Merit Plan 0 The American Bar A 39 quot has long A J ahvbrid 39 and election 1 in an attempt to overcome the shortcomings of judicial selection through election and appointment 0 Calls for the governor to select a candidate from a list of nominees drafted by a commission of lawyers members of public and incumbent judge o Appointee serves for l or more years or until the next election and then must be con rmed by the people in a plebiscite vote of the people 0 This vote asks the people if the judge shall be retained in of ce 0 Thus a mechanism through which the governor state bar association and public participate in the selection ofjudges 7 as well as voters can reject a sitting judge Quali cations of Judges Selection of judges o Partisan v Nonpartisan election W o Judges are Elected 0r Appointed 0 Election 7 Must rst secure a party nomination and then campaign on the party ticket Potential judge is involved w same type of politics as election of presidents governors etc I Generally results in the election of most politically active but not necessarily the most quali ed 0 Appointed 7 In many systems governors appear to have more freedom that the president in making selections 0 Federal Judges 0 All Federal Judges are appointed by the President of the United States AND must be con rmed by the Senate I Final question on every nomination should be Will the Senate m and consent to this nomination 0 Serve for LIFE Onlv impeachment can get them removed I All hold of ces during good behavior Prosecutorial discretion categories Prosecutor39ial Roles o Prosecutor District Attorney or DA Prosecuting Attorney US Attorney 7 A government lawyer and the chief of law enforcement authority of a particular community 0 ELECTED or APPOINTED o Decides how cases brought by the police will be disposed of which cases will be pursued through the courts and whether the original charges against an accused may be reduced to some lesser olTense o RolesResponsibilities o The roles of the prosecutor span the entire criminal justice process Investigation Prepare searcharrest warrants work w police Arrest After arrests screen cases to see which should be prosecuted and which should be dropped Initial Appearance Ensure defendants are notified of charges serve as govt s attorney in minor cases and participate in bail decisions D Can discontinue a prosecution through nolle prosequi formal statement of unwillingness to proceed further in particular case Prelimina Hearing Information amp Indictment Prepare information report establishing probable cause Arraignment Bring accused to court to answer to charges also participate in plea negotiations Pretrial Motions TrLal Govt lawyers and attempt to prove guilt beyond reasonable doubt Sentencing Recommend rigid or lenient sentences AM Argue that convictions should not be reversed Parole Recommendations for or against 0 Responsibilities 0 1 Enforcing the law 0 2 Representing the govt in matters of law 0 3 Representing the govt and the people in matters of legislation and criminal justice reform Nolle Prosequi A formal statement in which prosecutor declares that he will no further prosecute the case either 1 as to some of the counts 2 as to some of the defendants or 3 alto gether The right to NOT prosecute further is one of the most powerful examples of discretionary authority in the justice system Not without problems 7 can lead to corruption favoritism etc Some form seems necessary 7 if only to screen out trivial cases eliminate false acquisitions and remove cases that the prosecution is certain to lose Discovery Process 0 O 0 Expert witnesses V lay witnesses Policy models of case management 0 Legal sufficiency 0 System efficiency 0 Trial sufficiency Plea Bargaining 7 Characteristics amp Consequences 0 One of the most commonly accepted practices in criminal justice processing more than M of criminal convictions result from negotiated pleas of guilty Between Prosecutor and Defense Council 7 discussions that aim toward an agreement under which defendant will plead guilty in exchange for some prosecutorial or judicial concession o Widespread use is a result of overcrowded caseloads in criminal courts 0 Controversies o l person to waive his quot quot 39 rights to trial 0 2 Enables defendant to receive sentence less severe than might have received 0 3 Sacrifices legislative policies embodied in the criminal law 0 4 Ignores correctional needs of bulk of offenders bc accused usually pleads guilty to charge different from original crime 0 5 Raises danger that innocent person fearing guilty verdict in trial will plead guilty and accept conviction Types of Plea Bargains 0 1 Count Reduction o In instances of multiple charges of counts may be reduced 0 2 Charge Reduction 0 Initial charges may be reduced ensures reduction of sentence 0 3 Label Change 0 Cases that involve negative label Child molesting complaint may be altered to less repugnant one Assault 0 4 Sentencing Recommendation 0 Recommendation of leniency may be made reducing potential sentence from incarceration to probation o 5 Habitual Offender 3 Strikes o CANNOT bargain down on third offense Justifications For Plea Bargaining o ADV Accused o Reduces possibility of detention during extensive pretrial and trial processing 0 Increases chances of reduced sentence 0 Decreases the costs of legal representation 0 ADV State 0 Reduces overall nancial costs of criminal prosecution o Improves ef ciency of courts w fewer cases going to trial 0 Prosecution can devote more timeresources to more impt Cases Defense Attorneys 7 Types 0 Retained Counsel 0 The BEST way to go attomeywise o The defendant hires a private rm or a private lawyer 0 Most defendants can t afford to do this expensive 150hour and up 0 Assigned Counsel 0 Oldest and most widely used method for representing criminal defendants unable to retain their own council 0 Lawyers represent defendants on a casebycase basis amp appointments are made by judge from a list that may consist of all practicing attorneys in the jurisdiction or only those who have volunteered to defend indigents o Drawbacks I Most are either novices or hasbeens Needing experience or appointments to make a living I No guarantee that the council is quali ed Many jurisdictions do not pay the Assigned Council and if so it is very small 7 discouraging quali ed attorneys and pressuring them to dispose of cases quick to handle cases that will earn money Seldom provide funds to hire investigation Livelihood for some So may be more concerned with pleasing the court than w helping the client 0 Contract Counsel 0 Relatively new and only use in a small of counties 0 Individual attorneys bar associations or private law rms contract to provide services for a speci ed dollar amount Made on basis of competitive bidding Cost quali cation of bidders and 0 proposed methods of representation Has tended to concentrate in less populated areas and on cases for which other 0 forms of indigent services were not available 0 Public Defenders 0 Parttime or fulltime Government Employee with Fixed Salary and specializes in representing indigent criminal defendants The 2quotd best way to go because these lawyers are in the courts every day and 0 know how the courtsjudges work there 0 ADV I Defender of ces are staffed w attorneys JUST as skilled and specialized as those on the prosecution s staff I Attracts attorneys w greater ability than those in Assigned Council I HAVE Funds for investigation I Paid no matter what so less likely to speed through the case and force a plea agreement 0 DISADV I Salaries are not as high as those w similar experience I Most are appointed either by the governor or the court giving potential for patronage and favoritism Like Assigned Council may not want to anger the courts Attorney competence Important Cases Powell v Alabama 1932 8 black boys got into fight with white boys on a train w 2 white women too White men were thrown out and the women reported they had been raped by most of black men Visiting lawyer from Tennessee offered assistance along with reluctant town lawyer Medical evidence showed that the 2 women were prostitutes and had NOT been raped However all 8 were convicted of rape punishment was TBD by Jury The Jury chose death for all 8 boys Trial court overruled motion for new trial AL Supreme Ct reversed conviction of l defendant but affirmed the rest US Supreme Court 7 Reversed rape convictions and observed that Powel and rest of defendants were denied their right to effective assistance of legal council in violation of the due process clause of the l4Lh Amendment IMPACT 0 Very narrow ruling for it Limited its application to defendants who were indigent accused of a crime for which the death penalty could be imposed and incapable of defending themselves b c low intelligence illiteracy or similar handicap Gideon v Wainwright 1963 Clarence Gideon was charged w breaking and entering felony under FL law He had been in and out of prison for most of his life was 51 years old difficult life 20 years back in Betts v Brady the SC denied free legal council to indigent felony defendants in the STATE courts Gideon told judge he was entitled to rep by council bc of Constitution 7 Didn t happen and he conducted own defense He was found Guilty and sentenced to 5 years Gideon filed a petition in forma pauperis in the character of a poor man a method by which a litigant without money for lawyers is considerately permitted to lose his case Certiorari was granted to his petition by the Supreme Court 0 Attorney contended that council In a criminal trial is fundamental right of due m process enforced on the states in 14 Amendment Decrsron was unan1mous He was then retried in the same courtroom by the same judge but this time represented by council and acguitted He was set free along w thousands of others that had not been represented by attorney IMPACT 0 Extended the right to council to all state defendants facing felony trials Argersinger v Hamlin 1972 o In a unanimous decision the Supreme Court ruled o The right to council applies not only to state defendants charged with felonies but in ALL TRIALS of persons for offenses SERIOUS ENOUGH to warrant a JAIL SENTENCE P100 Exam 3 Study Guide Ch 12 412010 64000 AM Chapter Twelve The Business of the Court Important Concepts Probable cause Arraignment 0 Sometimes called Initial Hearing 0 The Charges against the accused are read 0 The Defendant is asked to Enter a Plea o Accused are formally advised of their rights 0 Possible Pleas 0 Guilty Not Guilty Nolo Contendere Not Guilty by reason of insanity 0 MOST will plead NOT GUILTY but then choose GUILTY Later Pre trial motions 7 Types amp Purposes o All pleas of Not Guilty besides Double Jeopardy result in the setting of a trial date 0 Before the actual trial both the defense and the prosecution employ of motions 0 Motion 0 A formal application or request to the court for some action such as an order or rule 0 Purpose of a Motion 0 To gain some legal advantage and most are initiated by the defense hm 0 Motion for Discovery I A request to examine the physical evidence evidentiary evidence and lists ofwitnesses in the possession ofthe prosecutor I Discovery is a matter of Constitutional Law 0 Motion for Change of Venue I Venue refers to the county or district 7 NOT the jurisdiction I A request that the trial be moved from the county district or circuit in which the crime was committed to some other place I Jurisdiction does NOT change 7 original court simply moves 0 Motion for Suppression I A request to have evidence excluded from consideration I Typically led by defense to bar evidence obtained as result of illegal search and seizure or wire tap or to challenge validity of confession 0 Motion to Quash a Warrant I Suppress a service legal proceedingwarrant that bc of jurisdiction etc 0 Motion for Severance I Severance of Charge 7 Requests that each specific charge be tried as a separate case I Severance of Defendants 7 Requests that one or more of the accuse be tried in separate proceedings 0 Motion for Dismissal I Defense Attorneys make a motion for dismissal of charges on the ground that the prosecution has failed to produce sufficient evidence to warrant further processing I Almost automatically file I Prosecution files when in a jurisdiction where prosecutors do not have full authority to issue a nolle prosegui Charges must be dropped through judicial dismissal o A form of security guaranteeing that a defendant in a criminal proceeding will appear and be present in court at all times as required 0 A guarantee in return for being released from jail the accused guarantees his future appearance by posting funds or some other form of security with the court Bounty Hunter39s Powers 0 Bounty Hunters are Private Citizens hired by Bail Bond Agents 0 Use a subdued passive approach to capturing people that jump bail Alternatives to bail 0 Citation 0 Sign the bottom of a speeding ticket or other small misdemeanors 0 Sign saying you will take care of it 0 Release on Recognizance ROR 0 Simply meant that the defendant would be released on his own obligation wout any requirement of money bail Students at NYU Law and NYC Criminal Courts came up with 5 factors that 0 recommend pretrial release A SUCCESS o 10 Cash Bail 0 Court sets bail as it normally would but the accused is permitted to deposit 10 of the bail with the court ELIMINATING the bond agent When the accused appears for trial 90 of the 10 deposit is returned A SUCCESS O O O o 3ml Party Custody 0 Family or friends can put up bail or their assets as collateral if X doesn t show up for the trial 0 Privately Obtained Bail Prevalence of bail ROR criteria Types of Pleas The Grand Jury Transactional amp Use Immunity o Transactional Immunity o Immunity against prosecution given to a Grand Jury witness in return for testifying o The traditional method government could compel a witness to testify and still protect hisher 51h Amendment privilege 0 Use Immunity o A limited immunity that prohibits the government only from using a Grand Jury witness s quot J 1 ti J in a 39 J criminal r J39 o The new form of immunity adopted by the govt under federal statute in 1970 o The trial process Functions of a jury trial Size and unanimity of juries Frequency of jury trials Jury selection methods Venire Voir Dire 0 Meaning to Speak the Truth 0 An oath sworn by a prospective juror regarding his or her qualifications 0 Can eliminate a potential juror both prosecution amp defense through either a challenge for cause or peremptory challenge 0 Primary Functions are to intrust the citizen as the role of the juror and to develop rapport bw jurors and attorneys o Gives the defense and prosecution an opportunity to in uence jurors attitudes and perhaps their later vote Jury selection Challenges 0 Federal Juries consist of 12 Jurors 0 Jury Selection is a series of procedural steps 0 Preparation of a Master List of eligible jurors who are put into Jury Pool 0 Names are randomly drawn by the clerk of the court to form Jury Panel 0 Voir Dire 7 examination of juror to determine tness to serve 0 Challenges for Cause 0 Means that there is a sound legal reason to remove a potential juror Can be made by prosecution or defense but whoever makes the challenge must explain to the judge the nature of the concern 0 Typically challenges for cause allege that prospective juror would be incapable of judging the accused fairly Such challenges are controlled by statute and the decision to remove is vested by courts 0 No limit on of challenges for cause 0 Challenges for Cause lengthen voir dire proceedings Any and every potential juror can be challenged for cause 0 Peremptory Challenges 0 An objection to a prospective juror for which no reason must be assigned 0 It can be made for no reason at all and is totally w discretion of attorney making it Generally re ect the biases and strategies of the defense 0 Controlled by statute as to how many are permitted 0 Sequestered jury Types of Evidence 0 Real Evidence 0 Is physical details and objects such as murder weapon stolen property fingerprints DNA appearance of the victim s wounds appearance of the crime scene 0 o Testimonial Evidence 0 The sworn verbal statements of witnesses o All Real Evidence is accompanied by testimonial evidence in that objects presented in evidence are explained by someone who is qualified to discuss 0 NOT all testimonial evidence is accompanied by real evidence 0 Direct Evidence 0 Eyewitness evidence now including more things with technology 0 Testimony that a witness saw person painting a fence is direct evidence that the person painted a fense o Circumstantial Evidence 0 Indirect evidence is evidence from which a fact can be reasonably inferred o Testimony that a person was seen with paint and a paint brush in the vicinity of a newly painted fence is circumstantial evidence that person painted fence 0 Hearsay evidence Hearsay Rule 0 Evidence can be deemed incompetent if it is based on hearsay o Hearsay Rule 0 Under most circumstance bars a witness from testifying about statements that are not within her personal knowledge 7 about 2quotd hand knowledge EXCEPT o l Admission of criminal conduct made by the defendant to the witness I Allowed bc defendant is present in court to challenge it o 2 Dying Declaration of a crime victim that has been told to or overheard the witness I Based on assumption that a person who is about to die will not lie Stages of a Criminal Trial 0 1 Opening Statements 0 2 Presentation of the State s Case 0 3 Presentation of the Defense s Case 0 4 Rebuttal and Surrebuttal o 5 Closing Arguments o 6 Charging the Jury o 7 Deliberation and Verdict Problems with the jury system Habitual Offender 3 Strikes Laws 0 Habeas Corpus Jury Nullification o The refusal or marked reluctance on the part of a jury to convict because of the severe nature of the sentence involved or other factors or because a jury otherwise nullifies the force of strict legal procedure Occurs when jurors do not follow the court s interpretation of the law in every instance disregard what they have been told about the law or certain aspects of evidence consider the application of certain laws to be unjust refuse to convict bc they consider the penalties too severe Sometimes juries consider informal extralegal factors when deciding a case 0 Laws and facts do NOT always determine the outcome of a case 0 Other factors may in uence the Jury battered spouses who kill Posttrial Motions P100 Exam 3 Study Guide Ch 13 412010 64000 AM Chapter 13 Punishment amp Sentencing Important Concepts Sentencing Rationales o Retribution 0 An effort to make the punishment as analogous as possible to the nature of the crime 0 Modern terminology 7 involves creating an equal or proportionate relationship between the offense and the punishment 7 an effort to ensure that punishment is commensurate not only w the crime but also with his blameworthiness and prior criminal record 0 Rather than eyeforeye 7 typically re ects desire for proportionality I Most heinous offenders receive harshest punishments etc o Incapacitation o Deterrence 7 A Utilitarian concept refers to the prevention of criminal acts by making examples of individuals convicted of crimes 0 General I Seeks to discourage would be offenders from committing crimes 0 Specific Special I Designed to prevent a particular convicted offender from engaging in future criminal acts I Does seem to impact white collar offenders and 1st time misdemeanor offenders 9 arrests cause them embarrassment and disgrace 0 Problem I Little things that deter YOU may not deter criminals 0 Rehabilitation 0 Rests on premise that people who commit crimes have identifiable reasons for doing so and that these can be discovered addressed and altered o Aim Modify behavior and Reintegrate lawbreaker into society as productive 0 Based on the Medical Model 7 1950 s and 60 s 0 We can cure criminals 7 however we don t understand the causes of crime AND not all crimes are sick 0 Restoration Indeterminate Sentencing 0 MOST COMMON type of sentence 7 has a xed Min and xed Max Sentence rather than a de nite period 0 Importance of Parole Board They determine the actual amount of time served 0 Based on Correctional model Rehabilitation ideal 7 Underlying premise is that the sentence should meet the needs of the defendant 0 The inmate should be con ned until there is substantial evidence of correction o The length of imprisonment should be based on progress toward rehabilitation Disparity in Sentencing Good Time 0 Indiana HAS it is if you re in prison and you act good you get time off Problems with indeterminate model Determinate Pu o Aka Flat Fixed or Straight sentence it has NO set min or max but rather a FIXED period of time o Termis quot39 39 bethe39 quot removing 39 J39 quot ofjudge 0 However court s discretion to choose either prison probation ne or some other alternative is NOT affected 0 Only length of sentence is taken away from judicial discretion 0 Indiana 7 Everybody that commits X will serve 20 years 0 Mandatory Sentences Aggravating Factors Circumstances Mitigating Factors Circumstances 0 Things that can make sentence decrease or along those lines 0 Crimes with an explanation or justi cation Consecutive v Concurrent Truth in Sentencing Time Sentenced v Time Served Federal Sentencing Guidelines Presentence Investigation Report PS1 0 The court s probation agency or presentence of ce may conduct a presentence investigation prior to actual sentencing o Occurs in the federal system as well as a majority of state jurisdictions o Resulting Report is a Summary of the defendant s 0 Present offense previous criminal record family situation neighborhood environment schooleducation history employment record physicalmental health habits associates and group membership 0 May also contain comments on defendant s remorse and recommendations for sentencing by the victim prosecutor and conducting officer 0 ADV o Aid probationparole officers in their supervision of offenders o Aid correctional personnel in classification treatment release programs 0 Give parole boards useful info for release decision making Victim Impact Statements Sentencing Options 0 Incarceration 0 Shock Incarceration 0 Usually known as Boot Camp 0 Offenders do drill assignments like they re going into military 0 Not a very long term impact 0 Probation 0 MOST COMMON Sentence given even if lst time offense of felony 0 Shock Probation 0 Not commonly used usually for 1st time offenders 0 Given 10 year sentence and while you are serving time the correctional officer says that the judge is commuting your sentence 7 Rest of time is probation o Fines 0 Death THERE WILL BE QUESTIONS ABOUT THE APPEAL PROCESS Appeal Process Appeal 0 A complaint to a superior court of an injustice done or error committed by a lower court whose judgment or decision the higher court is called upon to correct or reverse Appellate Review 0 Defendant s right to appeal 0 Plain Error Rule o A notable exception to the timely objection requirement included in the Federal Rules of Criminal Procedure and procedural rules of all state jurisdictions 0 Plain errors or defects affecting the substantial rights of defendants become subject to appellate review even though they may not have been properly raised at trial or during some prior appeal I Denial of right to council at trial admission of an involuntary confession or negotiation of some other constitutional guarantee 7 even in the absence of a timely objection 7 are considered plain errors and are appealable 0 Automatic Reversal Rule 0 Harmless Error Rule 0 A denial of a federal constitutional right can at times be of insignificant magnitude to require reversal of a conviction on appeal Aka The Chapman Rule When court considers an error to be ha1mless it is indicating that the mistake O O was NOT prejudicial to the rights of the accused and therefore made no difference in the subsequent conviction or sentence 0 Invited Error Rule 0 Prosecution s right to appeal 0 Appellate Review of Sentence P1OO Exam 4 Study Guide Ch 14 532010 35800 AM CHAPTER 14 HISTORY OF CORRECTIONS Corporal Punishment Has been commonplace throughout history for punitive purposes 0 Physical punishment punishment applied to the body mutilation branding torture whip o Mutilations Attempts to let the punishment t the crime 7 thieves and robbers lost their hands perjurers and blasphemers had tongues cut out pierces w hot irons o BrandingWhipping Noncapital sanctions designed to preserve discipline amp deter wouldbeoffenders O Torture Popular means of exacting confessions include measures of gruesome ingenuity Enlightenment English Gaols Hulks g 1500 7 18001 0 M 7 Any secure place caves warehouses hulks etc o Hilk 7 Abandoned ships 7 ships no longer capable of going to sea 0 Could be used as secure places a gaol to store people Prisoners were mixed together juveniles and adults male and female habitual offenders and 1st time offenders people going crazy people that owe money etc 0 There was NO state responsibility for health safety and welfare 0 Basically it was SURVIVAL OF THE FITTEST William Penn amp the Quakers o 1682 7 William Penn 7 A religious reformer and founder of Pennsylvania made sweeping changes to administration of justice in the territory under his control 0 Limited Death Penalty 7 cases of murder 0 Called for nes amp imprisonment as penalties for most offenses o Urged Flogging beating w whip stick etc for adultery arson and rape VERY Mild sanctions compared to the executions brandings mutilations in other colonies Penn in uenced the construction of County Jails 7 designed to be workhouses for felons o ft was the High Street Jail in Philadelphia and more were built in following decades 0 However even before Penn s death in 1718 the workhouse idea had failed as a result of Overcrowding and Inadequate Conditions 1839h Century 7 Quakers were at the Forefront of Correctional Reform 0 Wanted to get away from the older harsher punishments The Walnut Street Jail 0 Opened in 1776 as a new prisonworkhouse it was transformed to the E American Penitentiary in 1790 Separate System Pennsylvania System Prison system whereby each inmate is kept in solitary con nement in an isolated cell for the purposes of quot evil 39 39 in quarters Supporters argue of wholesome virtues 0 Protection against possible moral contamination thru evil association invitation to selfexamination and selfreproach in solitude impossibility of visit by anyone except officer reformer priest ease of admin of discipline fact that pressures of loneliness would make convicts eager to engage productive labor during which time could be taught useful trade Architecture East Penitentiary was adapted to the principle of solitary con nement o 7 wards containing individual cells radiating from common center like the spokes of a wheel Each cell on had attached small exercise yard which prisoners could go 2X daily for short periods Otherwise in cell seeing no one 0 Massive Walls surrounded entire institution Divided to eliminate contact and make escape impossible Very attractive to European visitors it NEVER gained popularity in the US and was abandoned in the latter part of 1800 s 0 A dehumanizing eXperience Most would develop mental problems Auburn NY System SilentCongregate System Demise of the Separate System was due not so much to the destructive effects but rather the emergence of a different pattern of prison administration in NY Auburn Silent System Silent System 7 Established at Auburn Prison in 1823 it was a prison system whereby inmates eXperience con nement under a rigid rule of absolute silence at all times Prisoners were con ned in banks of inside cells tiers Inmates were employed in shops during the day 7 strict rules of silence at ALL times 0 Hard labor was considered essential to reformation of character amp economic solvency of the prison 0 Perpetual silence was mandatory to l Prevent from corrupting one another amp 2 Reduce opp for devising plans for rebellion escape riot Economic Adv Over Separate System Much cheaper to build Also the industrial production in large congregate work was much greater and more efficient Hard labor perpetual silence obedience were maintained by Severe Corporal Punishment 0 EX Flogging the douche cont dumping of frigid water on from high up and the Water Cure diff forms ne stream of water to sensitive parts of body water would fall a drop at a time onto prisoners head for days Prison Stripes amp the lockstep originated at Auburn 0 Prison Stripes to degrade prisoner and make them look conspicuous if escaped o Lockstep Devised to make supervision easier move in unison drag feet Reformatory Movement 0 Affected most directly by the work of Capt Alexander 39 39 39 in Australia and Sir Walter Crofton in Ireland Maconochie geographer w England s Navy was placed in charge of Norfolk Island a penal colony for habitual felons 1000 miles off coast of Australia Conditions were AWFUL 0 He eliminated the brutality of the system and implemented a correctional scheme based on 5 Principles I l Sentence NOT for period of time but for performance of a determined and speci ed quantity of labor time sent abolished task sent Replaces 2 Quantity of labor prisoner performs eXpressed in marks which he must earn improve conduct frugality of living habits of indsty before released I 3 While in prison should earn everything he receives 4 Should work w small group of other prisoners 67 whole group should be answerable to conduct amp labor of each person 5 Final stage while still obliged to earn daily tally of marks should be given a proprietary interest in his own labor and subject to less rigorous discipline 0 Abolished the at term of imprisonment and replaced with a Mark System in which an inmate can earn early release by hard work and good behavior 0 Crofton implemented the Indeterminate System or Irish System 0 Drawn from Maconochie s notion that imprisonment could be used to prepare a convict for eventual return to the community 0 4 Distinct Stages of Treatment I l Solitary Con nement at monotonous work for 2 years followed by I 2 Congregate labor under a marking system that regulated privileges and determined the date of discharge then I 3 An Intermediate Stage during which inmates were permitted to work on outside jobs and nally 4 Conditional release under a Ticket of Leave D This ticket which could be revoked if convict fails to live up to the conditions of his temporary release was the rst attempt at what has come to be known as Parole o Zebulon Brockway amp Elmira O O O Maconochie s Mark System and Crofton s IrishIndeterminate System were heavily endorsed at the American Prison Congress in 1870 resulting in the First Reformatory in the US at Elmira NY in 1876 Elmira Reformatory was an institution for youths and young adults serving their rst term of imprisonment Zebulon Brockway was the rst Superintendent at Elmira and he listed the essentials of a successful reformatory system in roughly 13 mandates o The Program established at Elmira quickly spread to other states but the Reformatory Movement as a whole proved to be a disappointment O O Penology Many of Brockway s principles were never put into effect and by 1910 the Reformatory Experiment had been abandoned Nevertheless the Indeterminate Sentence Conditional Release Educational Programs Vocational Training and other Rehabilitative Ideals fostered by the reformatory became part of correctional ideology for decades to come Rehabilitation Model 1950 s 7 1960 s 0 Emphasized need to restore an offender to a constructive place in society through some form of vocational occupational or educational training or therapy 0 Based on Medical Model 0 Belief Psychiatrists could change behavior to make people better 0 Larry Singleton was Demise for O O O O 0 Medical Model Community Model 39 39 quot39 Model First went to jail for raping and eventually cutting off both arms of a 14 year old girl he picked up hitchhiking in Berkeley CA She survived to testify against him Writes numerous letters to Parole Boards they reject BAD crime The Prison Block writes letter to Parole Board on his behalf and is paroled to after serving only 8 years He would be released to a county and there would be MAD protests I 4 times he was released and the citizens of whichever area Burned his place down Finally the governor orders Singleton to serve remainder of 1 year parole at San Quentin not IN actual prison on grounds though After released once more moved to Florida and eventually killed a prostitute and a mother of three Crime Control Model Stages of Prison Development Industrial Prisons Lease System State Use system Pieceprice system Warehousing Federal Prison System 0 Most diversi ed prison system in US while also being the one that developed most recently 0 As a result of several acts prohibiting various activities in the early 1900 s the number of people convicted of Federal Crimes grew RAPIDLY during the 1920 s This increase in Federal convictions resulted in the creation of the Federal Bureau of Prisons in 1930 0 Federal Bureau of Prisons operates the Fed System and legislation called for the proper classi cation and segregation of Fed Prisoners according to their character nature of crime they committed mental condition and other such factors should be taken into consideration in providing an individualized system of discipline care and treatmen o Institutions at 6 Security Levels 0 MaXimumSecuri Penitentiaries for the close custody of most serious felons o MediumSecuritv facilities for those who are better prospects for rehabilitation o Reformatories for young and ineXperienced offenders o MinimumSecurity open camps for offenders requiring little custodial control 0 Detention centers for those awaiting trial and disposition 0 Variety of Halfway Houses 0 DUAL System 0 State Prisons inmates convicted of more Violence 0 Federal Can do time ANYWHERE in the US based on needs as offender I Majority are for drugs I Better class of criminals in Federal System Women in Prison o Private Prisons privatization Jail 7 characteristics o About 50 60 ofpeople injail HAVEN T BEEN CONVICTED 0 Not really criminals yet 0 A lot that will only be there overnight 0 Some people are awaiting transfer 0 US jail population consists primarily of poor inmates who are both young amp uneducated Overcrowding in Prisons amp Jails o Overcrowding in State Prisons Over 100 capacity Horne Incarceration Characteristics of Prison Inmates P1OO Exam 4 Study Guide Ch 15 532010 35800 AM CHAPTER 15 PRISONS amp INMATE WORLD Levels of Security 0 Minimum 0 Operate wout armed guard wout walls and sometimes even wout perimeter fences o Inmates are Low Security Risks 7 most trustworthy and least violent offenders those w short sentences and whitecollar criminals 0 Great deal of personal freedom 0 Medium 0 Basic pattern of maximum security prisons less emphasis on internal forti cation o Rarely fortresslike structures w high stone walls Rather the perimeters are marked by a series of fences and enclosures w fewer guard towers 0 Outside Cells are characteristic amp in newer ones dormsshared living more common 0 Maximum 0 Walled fortresses of concrete and steel and house the most serious aggressive and incorrigible offenders Most have a similar design Guiding Principles are Secure Custody amp Control 0 o Enclosed by massive concrete walls or by a series of double or tripleperimeter fences topped w barbed wire or razor ribbon and often electrically charged 0 Characteristic feature the Inside Cell Block I Inside cells are constructed back to back with corridors running along the outside shell of the cell house I Escape from an inside cell would leave the prisoner still within the cell block 0 Supermax o A highly restrictive highcustody housing unit within a secure institution or an entire secure penitentiary that isolates inmates from the general prison population and from each other due to especially serious crimes repetitive assaultive or violent institutional behavior the threat of or actual escape from a highcustody facility or inciting or threatening to incite disturbances in a correctional institution 235 hours in cell per day most are mentally ill 0 3 days of week take into dog walk 4 days of week shower if resist hose off 0 Custody v treatment Goals of incarceration o Custodial Model 0 Rehabilitation Model 0 Reintegration Model Lines of Command in Prison Limits of Total Power Exchange Relationships Correctional Organization amp Administration Institutional Routines Classi cation Prison Programs 0 Classi cation 0 Educational Programs 0 Vocational Programs Rehabilitative Programs Prison Discipline Sex in Prison 0 Same Gender Sex 0 Sexual Assault 0 Conjugal Visitation Inmate Social System Total Institutions 0 When you are released from environment you are due to experience extreme culture shock Prison Subculture Prisonization o The socialization process through which the inmate learns the rules and regulations of the institution and the informal rules values customs and general culture of the penitentiary Donald Clemmer Prisoners share the experience of enforced con nement and that from this come many in uences that tend to draw them together in a common cause against their keepers Moreover institutional life fosters a monotonous equalitarianism among inmates The inmate community has a common hatred of the prison administration against which it can direct its hostilities Once prison values are internalized the prisonized inmate becomes immune for the most part to the in uences of conventional value systems 0 Suggests that the process of prisonization transforms the new inmate into a fully accredited convict o It is a criminalization process that mitigates against reform or rehabilitation Elements ofthe Inmate Code 0 Inmate Code 7 The unwritten rules of every prison subculture which if violated can result in sanctions ranging from ostracism to death Include o 1 Don t Interfere with Interests of Other Inmates I Never rat on a con or betray each other I Don t be nosy Don t put a guy on the spot Kkeep offa man s back 0 2 Keep out of FightsFeuds w other Inmates Don t lose your head I Play it cool Do your own time o 3 Don t Exploit Other Inmates I Be Righ 7 Don t break your word Don t steal from the cons o 4 Don t Weaken Withstand frustration or threat without complaint I Don t cop out Don t suck around Be tough Be a man 0 5 Don t give prestige to the custodians or to the world for which they stand I Don t be a sucker and Be sharp o Represents a Code of Honor that most adhere to because for most people it s a question of Do unto others 7 meaning that you play by the rules bc you may need favor one day or bc the guy you skip on or rat out to cops 7 you never know where this guy will turn up maybe he has something on you maybe ends up as cell mate or says bad things about you 7you can t tell how these things will turn out importation v deprivation models Inmate typologies amp lifestyles Prison Economy 0 Contraband 7 illegal goods 0 Based on Unavailability of Goods amp Services Women in prison characteristics 0 Majority serving time for drug or drugrelated charges 0 Less than 13 are classi ed as violent o The US population as a whole is 54 women and 46 male yet the prison system is separated into women 5 and men 95 Why 0 Chivalryquot factor 0 System is harder on men than it is for women and more reluctant to send women to jail Social structure of women39s prisons o The Adaptive Role 7 Herffeman o l Squares I From conventional society many are middleclass who are having their rst experience with custodial life I See themselves are respectable and View prisons as places to which only criminals go I Most have been convicted of embezzlement or situational homicide o 2 Professionals I Career criminals who View incarceration as an occupational hazard I Adopt a cool approach to prison life that involves taking full advantage of institutional amenities w out endangering chances for parole early release I Expert Shoplifters o 3 Repeat Habitual Offenders I Have had numerous eXperiences w the law since teenage years I In the life 7 institutional life provides status and familial attachments 0 Women will introduce everyone in the room in terms of relationships 0 Much more likely to be community atmosphere Violence in Prisons Causes and Characteristics Effectiveness of Correctional Treatment 0 Martinson Report 0 Obstacles to Effective Treatment 0 Shock Incarceration P1OO Exam 4 Study Guide Ch 16 532010 35800 AM CHAPTER 16 PRISON CONDITIONS amp INMATE RIGHTS Attica Pursuit of Inmate Rights Hands off Doctrine o The refusal of the courts to hear inmate complaints about the conditions of incarceration and the constitutional deprivation of penitentiary life 0 Prior to 1960 s Supreme Court follow this 0 Convicted felons were deemed to have forfeited virtually all rights except those expressly granted by statute or correctional authority 0 Thus inhumane conditions and practices were permitted to develop in many correctional systems despite 839h Amendment s ban on cruel and unusual punishment Civil Death G1ievance Procedure Balancing Test Writ ofHabeas Corpus o A writ that directs the person holding a prisoner to bring him or her before a judicial of cer to determine the lawfulness of imprisonment Whenever an individual is being con ned into state or federal institution he is entitled to seek habeas corpus relief By applying for a writ of habeas corpus the person seeking relief is challenging the lawfulness of his con nement Jailhouse Lawyers Civil Death Religion Mail and Media Access Rehabilitative Services Medical Services Prisoner Labor Unions Prison Discipline 0 Arkansas Prison Scandal Solitary Con nement The Lash Disciplinary Proceedings Conditions of Incarceration 0 Texas Prison Suit 0 New Mexico Massacre KEY CASES Rn in v Commonwealth 187 0 Supreme Court A convicted felon has as a consequence of his crime not only forfeited his liberty but all of his personal rights except those which the law in its humanity accords him He is for the time being a slave of the state 0 Courts maintained a handsoff position regarding correctional matters They unequivocally refused to consider inmate complaints 0 Established Handsoff Doctrine being followed until 1960 Cooper V Pate 1964 Bell V Wol sh I979 Procnnier v Martinez 1974 o Dealt with the broader issue of censorship of NONLEGAL correspondence 0 Supreme Court Prison mail censorship is constitutional only when meeting 2 criteria 0 1 Must promote substantial govt interests such as security order or rehabilitation o 2 Restrictions must not be greater than necessary to satisfy the particular govt interest involved 0 Established the Balancing Test of security v Freedom Wol V McDonnell I974 Fulwood V Clemmer1962 Johnson v Avery 1968 o Involved prisoner access to courts and speci cally involved the constitutionality of a Tennessee prison regulation prohibiting prisoners to help others write writs or other legal doc o The petitioner was a jailhouse lawyer serving a life sentence who had spent almost a year in solitary con nement for repeatedly violating the rule against writ writing 0 Justices held that unless the state could provide some reasonable alternative type of legal assistance to inmates a jailhouse lawyer MUST be permitted to aid inmates in ling habeas mpus petitions 0 Decision was signi cant but didn t go into detail on exactly how inmates could obtain legal services Bounds V Smith 1977 Hudson V Palmer 1984 Wilson V Seiter1981 Sondin v Conner 1995 0 Basically stated that we should let the prison guards do their job 0 Unless you can show that there is an outrageous problem they are going to let them do their jobs P1OO Exam 4 Study Guide Ch 17 532010 35800 AM CHAPTER 17 Release amp Supervision in the Community Recidivism o Rearrest reconviction technical violations 0 The likelihood of being arrested again While on probation 0 Serious Offenders are most likely to recidivate Probation Extent of the use of Probation 0 Most common form of communitybased corrections today John Augustus o The creator of probation in the 1840 s o Advantages amp disadvantages of Probation Conditions ofProbation amp Parole Organization of Probation Caseload 0 Paper Clients 0 Dangerous Men The job of the probation of cer Functions of probation parole work Triage Probation or Parole Violation 0 legal v technical violations 0 Probation or Parole Revocation Effectiveness of Probation Intermediate Sanctions types Day Reporting Centers Intensive Supervision o A program of closer surveillance and more exhaustive services that place a probationer under tighter control than he might experience under regular probation Judgment Suspending Sentence Net Widening o The use of other forms of CommunityBased Correction all cost money including o Fines Restitution furloughs forfeiture home con nement community service day reporting centers Intensive Supervision Probation ISP shock probation boot camps halfway houses The future of Probation and parole KEY CASES Gugmm v Scurpelli 1973 0 Extended Supreme Court holding in Morrisey to probationers Mempu v Rhuy 1967 o A probationer has a constitutional right to council at any revocation proceeding where the imposition of the sentence had been suspended but would have been enjoined following revocation Marrisey v Brewer 1972 0 When the potential for revocation of par ole is at issue an informal inquiry is required to determine whether there is probable cause to believe that the parolee has indeed violated the conditions of the parole Parole Origins of Parole Alexander Maconochie Norfolk Island Sir Walter Crofton Irish System Delopment of Parole in the US Release Mechanisms o Discretiona Release 0 The traditional function of the parole board 0 Mandatog Release 0 The accumulation of goodtime days will ultimately result in mandatory release 0 In NY amp Missouri inmates on mandatory release are subject to the same conditions as parolees and are under the supervision of a parole officer 0 Unconditional Release 0 Organization of Parole Authorities Release Decisions 0 Presumptive Parole Date 0 Risk Assessment Work amp Educational Release Furloughs 0 An authorized unescorted absence from a correctional institution for a speci ed period 0 Granted for the purpose of enabling inmates to reestablish community contacts and family ties on a gradual basis P100 Intro to Criminal Justice Ch 1 242010 73000 PM Chapter 1 Criminal Justice 0 The Structure functions and processes of those agencies that deal with the management of crime 7 the police the courts and corrections The President s Commission on Law Enforcement and Administration of Justice 0 In response to growing fears of crime and disorder President Lyndon Johnson s War on Crime was officially launched with the establishment of this 0 Also known as The President s Crime Commission 0 Appointed several task forces to study the crime problem and structure of criminal justice admin and make recommendations 0 From this The PCC released a series of reports all of which were summarized in a general report called The Challenge of Crime in a Free Society amp made 7 recommendations Criminal Justice as a System 0 An i tegrated system 7 An orderly ow of managerial decision making that begins with the investigation of a criminal offense and ends with the offender s reintegration into the free community The Omnibus Crime Control and Safe Streets Act of 1968 o Generated heated controversy and was looked upon as a bad law primarily because of the Provisions Title II and Title III 0 However the Primary Provision of the Act was Title I which created The Law Enforcement Assistance Administration or LEAA o The LEAA was organized within the Department of Justice to develop new I I devices and U in law award discretionary grants for special programs in the field of criminal justice and the supply states and cities with funds for improving their criminal justice system 0 LEAA s Law Enforcement Education Program that initiated the first academic program in criminal justice Models of Criminal Justice 0 The Due Process Model 0 Stresses the possibility of error in the stages leading to trial and therefore emphasizes the need to protect procedural rights even if this prevents the legal system from operating with maximum efficiency O Essentially the model assumes that justice is better served if everyone gets his or her fair day in court even if a few guilty people may go free as a result The Warren Court 7 Applied a relatively strict version of the due process model to criminal justice I It obliged the states to grant criminal defendants many of the constitutional safeguards that were already routinely accorded to those accused of federal crimes The American Civil Liberties Union ACLU was dedicated to defend every individual s rights as guaranteed under the Constitution and Bill of Rights I Their fundamental philosophy also follows the Due Process Model 0 The Crime Control Model 0 O O Emphasizes efficiency and is based on the view that the most important function of the criminal justice process is repression of criminal conduct The model assumes that it is acceptable to suspend individual rights or perhaps overlook technicalities in procedure in the interest of protecting society from criminal behavior The Burger Court 7 Appeared attuned to the crime control model in decisions I The Crime Control Model includes the threestrikes laws a concept that the conviction of three crimes makes you imprisoned Key Factors in Criminal Justice Today 0 l The War on Drug 7 The criminal justice process appears to be drug driven which is making jailscourts over crowded and impacting state finances 2 Women Crime and Criminal Justice 7 There is an increasing visibility of women in both criminal activity AND in the careers of criminal justice 0 O 3 The Criminal Justice Nonsystem The Consensus Systems Model 7 Likely more of an ideal than a reality it believes that organizations of the criminal justice system work cooperatively to produce justice Agencies should therefore share info and coordinate their efforts thereby moving offenders seamlessly through the justice process The Con ict Nonsystem Model 7 Believes that the branches of justice work competitively as individual entities rather than as part of an integrated whole Rarely does each segment of the criminal justice process operate w full awareness of the longterm cyclical implications of its activities 4 Victims and Justice 7 Victims have generally had little say in the judicial and correctional processes 5 Criminal Justice and the Media 7 The sheer visibility of the players in celebrity cases guarantee attention Also people view the drama of true crime as a way of taking them away from the boredom of everyday life 6 Terrorism Criminal Justice and The Constitution 7 Terrorism is the systematic use or threat of extreme violence directed against actual and symbolic victims typically performed for psychological rather than material effects for the purpose of coercing individuals groups communities or governments into making political concessions International and CrossCultural Perspectives o Ethnocentrism 0 Holding one s own culture and way of doing things as superior to all others 0 Interest in CrossCultural comparison has intensified since 2001 when it became apparent that ethnocentrism was not appropriate for new millennium P100 Intro to Criminal Justice Ch 2 242010 73000 PM Chapter 2 The Nature of Crime 0 Natural Law 7 General Principles that determine what is right and wrong according to some higher power 0 Crime as a Social Construct 0 There is no moral code to which all people subscribe even within a single society or community 0 How certain behaviors become deviant and criminal I Deviance 7 Conduct which the people of a group consider so dangerous or embarrassing or irritating that they bring special sanctions to bear against the persons who exhibit it 0 Crime and Moral Crusades o The reformer or crusader views certain elements in society as truly totally and unconditionally evil and feels that nothing can be right in the society until rules are made to correct and remove the wickedness they have perceived 0 Crime and Deviance 0 Not all deviant behavior is criminal behavior amp not all criminal behavior is deviant behavior 0 Crime as a Legal Construct o Tappan s de nition of Crime in our book Crime is an intentional act or omission in violation of criminal law statutory and case law committed wout defense or jurisdiction and sanctioned by the state as a felony or misdemeanor 0 Act or Omission o For there to be a crime there must be an act that is legally forbidden or the omission of an act that is legally required One could conceivably plan for a long time to commit a crime but the crime would not come into being until the action actually took place 0 Conspiracy 7 Concert collaboration in criminal purpose and it must involve two or more people 0 Abettor 7 One who with the requisite criminal intent encourages promotes instigates or stands by to assist the perpetrator of a crime 0 Accessory m the Fact 7 An individual who abets a crime but is not present when the crime is committed o Accessory m the Fact 7 One who knowing that a felony has been committed receives relieves comforts or assists the perpetrator to hinder apprehension or conviction 0 Misprision of Felony 7 Refers to the offense of concealing a felony committed by another person even if the party to the concealment did not take part in the planning or execution of the felony I EX If a person overhears people talking about a bank they robbed jail 0 Criminal Intent 0 Mens Rea 7 Guilty mind it is the presence of criminal intent and is required by law for an act or omission to be a crime some exceptions VL I Based on assumption that people have the capacity to control their behavior and choose between alternative courses of conduct I Divided into 2 types of intent I 1 Speci c Intent 7 Present when the circumstances of the crime show that the offender must have consciously desired the prohibited result EX Burglary wants to break in amp steal 2 General Intent 7 Conscious wrongdoing from which a prohibited result follows even in the absence of a desire for I that particular result EX Tries to shoot dog but kills neighbor o Vicarious Liability 7 Liability can be imposed on an employer for certain illegal acts committed by employees during the course and scope of their employment Usually directed at the protection of the public health I EX Clerk sells cigs to a minor can result in criminal fine for owner 0 Violation of Criminal Law 0 Criminal Law In addition to Criminal Intent is required for act or omission to be considered a crime I The branch of jurisprudence that deals with offenses committed against the safety and order of the state I Relates to actions 391 J so 39 orl quot quot so that they threaten the welfare of society as a whole Gov brings action on 0 Civil Law I Body of principles that determine private rights and liabilities I One individual or organization brings an action against another plaintiff vs defendant as opposed to the Gov bringing action Civil law is structured to regulate the balance of rights between individuals or organizations divorce child support property rights Civil law also includes Torts 7 Civil wrongs for which the law provides redress o 3 Types of Criminal Law 1 Statutory Law Laws or statutes enacted by legislatures Each state has a statutory criminal code as does the Federal Gov D Homicide rape burglary robbery larceny 2 Case Law Law that results from court interpretations of statutory law or from court decisions in cases in which rules have not been fully codi ed or have been found to be vague or in error D Robinson vs California Arrested and convicted on occasional use of narcotics Appeals at Appellate level and gets the same ruling Appeals to US Supreme Court and decision was reversed on the grounds that status offenses such as being addicted to use of narcotics were unconstitutional 3 Common Law Refers to customs traditions judicial decisions and other materials that guide courts in decision making but have not been enacted by legislatures or embodied in the Constitution D EX Rights set forth by Declaration of Independence and other doctrines protecting life liberty and property 0 Defense or Justification o For an act to be a crime it must not only be intentional and in violation of the criminal law but also be committed without defense or justification 0 Defense 7 Situations that would mitigate guilt in a criminal offense Most Common 7 insanity mistake of fact consent mistake of law Insanity The M Naghten Rule in 1843 revised w Durham Rule Mistake of Law Lambert vs Califomia 7 ignorance of the law may be a defense against crime if law has not been made reasonable known Entrapment 7 the inducement of an individual to commit a crime not previously contemplated by him or her undertaken for the sole purpose of instituting a criminal prosecution against the offender D EX Police or civilians acting at their order induce a person to commit a crime that he would not otherwise undertake o Felonies and Misdemeanors o Mala in se v Mala prohibita Mala in se I Acts that are considered inherently evil immoral by nature and injurious in their consequences I EX Murder rape and theft I Mala prohibita I Crimes that may not necessarily be wrong in themselves but are wrong simply because they have been permitted by statute I The distinction that is almost universally used is that between felonies and misdemeanors o Felonies v Misdemeanors I Felony I Serious crimes that are punishable by death or by imprisonment for one year or longer in a federal or state penitentiary I Misdemeanor I Minor offenses that are generally punishable by no more than a 1000 fine andor one year of imprisonment typically local jail Criminal Law 0 Common Law 0 Customs traditions judicial decisions and other materials that guide courts in decision making but have not been enacted by legislatures or embodied in the Constitution 0 Much of common law re ected natural law ideas of right and wrong as well as direct statements from the Holy Scriptures o Constitutional Law 0 Law set forth in the Constitution of the United States and in the constitutions of the various states 0 The supreme law of the land It presents the legal rules and principles that define the nature and limits of governmental power as well as the rights and duties of individuals in relation to the state and its governing organs 0 Statutory Law 0 Laws or statutes enacted by legislatures Federal Statutes 7 Enacted by Congress and must conform to the Constitution 0 0 State Statutes 7 Passed by state legislatures and must conform to both the US Constitution and the constitution of the state in which they are enacted o Homicide rape burglary robbery larceny 0 Administrative Law 0 A branch of public law that deals with the powers and duties of government agencies Administrative law refers to the rules and regulations of administrative agencies the thousands of decisions made by them their orders directives and awards and the court opinions dealing with appeals from the decisions and with petitions by the agencies to the courts for the law enforcement of their orders and directives P100 Intro to Criminal Justice Ch 3 242010 73000 PM Chapter 3 Legal Categories of Crime 0 Criminal Homicide 0 Murder 0 The Felony Murder Doctrine 0 Under common law it maintained that any death resulting from the commission of or attempt to commit the crimes of arson burglary larceny rape or robbery was to be considered murder 0 Enmund V Florida A murder was committed during a robbery The appellant participated in the robbery but not the killing and was conVicted of 1st degree murder and sentenced to death However Supreme Ct reasoned that the identical treatment of a robber and his accomplice and the attribution of culpability of one to the other in these circumstances is unconstitutional O Tison V Arizona Planned and carried out the prison escape of their father and then later helped to abduct detain and rob a family and watched their father murder the family They made no effort to help the Victims and then drove away in the Victims car w the rest of the escape party The requisite intent was established by the eVidence that they help plan and execute the jail break and that they did nothing to interfere with the killings o Manslaughter 0 Assault 0 Assault An intentional attempt or threat to physically injure someone Battery The term for nonlethal culmination of an assault Assault and Battery An assault that in icts some Violence on the Victim O O O Aggravated Assault An assault made with the intent to commit murder rape or robbery or to in ict serious bodily harm 0 Simple Assault The intended harm fails or no serious harm was eVer intended o Menacing and Mayhem 0 Jostling 0 Robbery o The felonious taking with intent to steal of money or goods from a person or in hisher presence or custody care or control against hisher will through the use or threat of Violence 0 Arson o Burglary 0 Old De nition The breaking and entering of a dwelling at night with the intent to commit a felony therein 0 Current StatutesDefinition Includes structures other than a dwelling it is applicable whether the illegal entry occurs during the day or night and it can involve an intended felony or misdemeanor 0 Property Offenses 0 Sex Offenses 0 Drug Law Violations 0 Crimes Against Public Order and Safety Major Forms of Crime 0 Domestic Violence 0 A form of violent personal crime and can be defined as activities of a physically aggressive nature occurring among members of a family current or former spouses or lovers and others in close relationships as a result of con icts in personal relations Hate Crimes WhiteCollar and Corporate Crime Organized Crime Consists of business activities directed toward economic gain through unlawful means P100 Intro to Criminal Justice Ch 4 242010 73000 PM Chapter 4 Criminal Statistics and the Extent of Crime 0 The Uniform Crime Report UCR o The annual publication of the FBI presenting official statistics on the rates and trends in crime in the United States Publication is called Crime in the United States 0 The UCR is the most known of the three methods of crime measurement The UCR presents a nationwide view of crime based on statistics submitted by city county and state law enforcement agencies throughout the country 0 UCR Advantages and Disadvantages I Adv By examining UCR gures from the perspective of rates and proportions some bias can be eliminated This analysis can help determine the overall growth decline or persistence of particular types of criminal behavior indicate the extent of being controlled etc Dis Adv Incompleteness and bias of UCR data and they fall considerably short in reporting the full extent of crime for several reasons Administrative errors in recording the data interpreting UCR de nitions systematic counting errors alteredmanipulated data 0 Part I and Part II Offenses o The UCR presents statistics in 2 categories Crimes known to police amp arrests 0 Part I Offenses I From the Crimes known to police category it includes all events either reported to or observed by the police I These are the most serious crimes criminal homicide forcible rape robbery aggravated assault burglarybreaking and entering larceny theft motor vehicle theft and arson 0 Part II Offenses I Arrests include complications of arrest reports for all the Part I offenses combined with the reports for 21 additional categories 0 Crime Index 0 Crime Index data that are currently relied on for estimating the magnitude and rates of crime 0 National Incident Based Reporting System NIBRS 0 Data will be collected and reported in each of 22 crime categories with regard to Incident date amp time Offense completednot types of criminal activity
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