CJ 303-001 Final Exam Study Guide
CJ 303-001 Final Exam Study Guide CJ 303
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This 8 page Study Guide was uploaded by Jennifer Gintovt on Saturday December 5, 2015. The Study Guide belongs to CJ 303 at University of Alabama - Tuscaloosa taught by Ebony Johnson in Summer 2015. Since its upload, it has received 126 views. For similar materials see Racial Minorities, Criminality, and Social Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 12/05/15
CJ 303-001 Final Exam Study Guide Discrimination-disparity • Systematic discrimination o Discrimination within entire CJ system • Institutionalized discrimination o Disparities based on established policies • Contextual discrimination o Discrimination in certain situations • Individual discrimination o Discrimination by specific justice officials • Pure justice o No discrimination Continuum Pretrial Process: • Counsel o A lawyer, attorney, attorney-at-law, counselor, advocate or proctor, licensed to practice law o To give legal advice o Gideon vs. Wainwright (1963) § Does the 6 amendment’s right to counsel in criminal cases extend to felony defendants in state courts • Supreme court found in favor of Gideon Bail: • The money or bond put up to secure the release of a person who has been charged with a crime • 10-20% denied pre trial release • Release on recognizance Plea Bargaining: • Process in which a prosecutor makes a concession to a defendant in exchange for defendants pleading guilty o Reducing charges & lighter sentences • 90% of criminal cases are disposed of by guilty pleas rather than trials Charging and Plea Bargaining: • Prosecutorial Discretion o Prosecutor has sole decision on whether or not charges will be filed o Systematically used to disadvantage of Hispanics and African Americans • Prosecutorial judgment o Influenced by self-perpetuating biases • Probable cause is all that is needed to refer a case • Prosecutors’ charging decisions: • Broad discretion • Enormous power Private attorney vs. Public Defender: Studies show: • Hiring a private attorney o Benefits whites more o Minorities less • Hiring a public defender o Greater negative impact on minorities o Less negative impact on whites o Problems: § Excessive case load § Lack of enforceable standards § Lack of funding § Lack of independence Powell vs. Alabama (1932): • Scottsboro Boys • With this ruling, the court set a precedent o Under the Due Process Clause of the 14 Amendment, counsel must be guaranteed to everyone facing a possible death sentence Peremptory Challenge: • Allows attorneys to remove jurors whom they believe but cannot prove to be biased • Presumed to create fair juries and reassure litigants that they have a say as to who judges them • Essential means for achieving an impartial jury • # Of challenges depends on state statues and type of case Jury Nullification: • When the jury returns a verdict of not guilty despite its belief that the defendant is guilty of the violation charged • If you have doubts about the fairness of a law, you have the right and obligation to find someone innocent even though they have actually broken the law Playing the Race Card in a Criminal trial: • African American law professor Paul Butler o Urged African American jurors to not to convict African American defendants accused of non-violent crimes, regardless of evidence o Asserts society benefits by some law breakers remaining in community rather than being incarcerated § Attempts to address unfair legal bias • Randall Kennedy asserts… o Such race-based jury nullification could backfire Crack vs. Powder Cocaine: • 18:1 sentencing disparity • Crack is more dangerous • Crack is more addictive • Packaged down into small amounts • Crack houses contributes heavily to deterioration of neighborhoods and communities • Crack is associated with violent crime more than powder cocaine • Operation Streamline o Border Patrol program designed as an efficient and effective means to adjudicate individuals caught illegally immigrating though the federal court system. o Prioritizing the legal system and its resources to handle illegal entry prosecutions reducing court resources to prosecute cases involving narcotics and alien smuggling o 2010 – $3.5 Billion will go to support Operation Streamline Jury Pool: Current Realities… • Many states get names of potential jurors from o Voter registration o Property tax records o Auto registrations • Problem? o Racial minorities often less likely to qualify § Many historical reasons • Result? o Many jury pools § Over-represent white middle & upper middle class § Under-represent racial minorities who are poor Techniques for Increasing Racial Diversity: • Common Approaches: o Doubling serving pay o Pay day care expenses o Round-trip bus pass o Resident lists rather than voter lists • Controversial Approaches o “Jurymandering” § Adjusting summons to disproportionately select more minorities § Subtracting names of white prospective jurors § Requiring a minimum number of minority jurors The Sentencing Process: • Philosophies of punishment o Retribution o Rehabilitation o Deterrence o Incapacitation o Restoration Racial Disparity: • Unequal treatment of one group in comparison to other groups • A difference that may or may not be related to discrimination Five Explanations for Racial Disparity in sentencing: • African Americans & Hispanics might commit more serious crimes & have more serious criminal records • Indirect economic discrimination • Facially neutral laws and policies that have racially disparate effects • Direct racial or unconscious racial bias discrimination by judges • Combination of equal treatment & discrimination, depending on circumstances • Education • Severity of offense Purpose of War on Drugs: • Intended to discourage production, distribution and consumption of illegal proactive drugs o Fought primarily in… § Hispanic communities § African American communities Michelle alexander: • Relates war on drugs to Jim Crow laws • Criminal justice system implements caste system • Drug arrests have become a numbers game The mark of a Criminal Record: • Pager (2003) • Matched pairs of Af. American and white job seekers send their resumes to prospective employers • Slight variations within race o Af. Am. applicants without criminal records were less likely to be called back than white Americans with criminal records Furman v. Georgia: • 1972 o Supreme Court ruled death penalty “unconstitutional” under existing administration practices o 5-4 decision “Split Decision” o Concluded serious risk of discriminatory application o Racial discrimination addressed by 3 of 5 majority • Impact? o Made application of death penalty difficult in most states o Many states responded by adopting statutes narrowing discretion and mandating death penalty for certain offenses § Bifurcated trial- guilt or innocence then imposition of death penalty Gregg v. Georgia: • 1976 o SC declared state death penalty laws unconstitutional o Guided discretion for judges and juries o Bifurcated trials § Trial to determine guilt § Separate hearing exclusively to determine penalty o Automatic appeals o Proportionality review Research on Racial Bias: • How does racial bias operate… 1. Prior record § African American’s are more likely to have prior offenses that may contribute to the decision to sentence them to death 2. Race of victim § African Americans are more likely to be involved in crimes that are punishable by death 3. Poverty and legal representation 4. Prosecutorial discretion Race and Community Corrections: • 2009 o 7.6 million people were under correctional supervision o Over 5 million of these offenders were supervised in the community on the status of parole or probation • Parole: o Form of early release requiring supervision • Discretionary o Release based on statutory eligibility • Mandatory o Release based on % of sentence served and behavior while incarcerated • Most people under correctional supervision are on probation Parole success or failure: • Failure means offender was either rearrested or had a parole violation • Success means no violations or arrests • Revocation means parole opportunity is taken away judicially Probation: sentencing discrimination? • Probation o Incarceration alternative o Community access under supervision • Minorities overrepresented in probation compared to minority percentage of population Theoretical Perspectives on race and prison adjustment: Racial Distribution of Correctional Populations Are prison populations an indicator of CJ system discrimination? • Some say… o There is “systematic” discrimination based on race/ethnicity • Some say… o “Systematic” discrimination is a myth • Towards the future… o Studies have addressed “contextual discrimination” Impact of social context on race & imprisonment (“contextual discrimination”) • Incarceration decisions driven partially by social views • Social views based on history, economics, politics, and a legacy of direct & indirect discrimination • Crime becomes part of “social canvas” on which views of people are “painted” o These views include race and ethnicity Prison Adjustment: Some assert… • Race is the “defining factor” in prison • Race is key to social groups in prison • Race impacts all aspects of prison life o Religious activities o Safety o Prison violations o Economic power • Prison society is largely segregated by race Some research tells us… • “Race” might not be an appropriate factor in security level classification of inmates • Allocation of resources in prisons often reflects economic resource distribution outside of prison o Racial and ethnic minorities remain at a disadvantage, despite their greater numbers in prison Social Dynamite: • Why do young, unemployed racial minorities pay a punishment penalty? • Spitzer’s research o “Social Dynamite” § Viewed as particularly dangerous by others § Youth, alienation, political volatility, increase their chances of being processed Broad amounts of discretion and discrimination: • Conflicting roles of police officers • Reinforced stereotypes help shape CJS o Social dynamite and super predator o Street corners as “private space” • Young African Americans have most negative attitude towards police o Negative attitudes influence arrest rates o Poor relations result in hostile encounters, increasing chance of arrest • Controversy over protection of children is still a major issue Race/Ethnicity & Juvenile Justice System • Number of youth who enter the juvenile system are not proportionate to the number in society • Disproportionate minority confinement (DMC) o Detained prior to juvenile court disposition § African Americans o Petitioned to juvenile court and waved to adult court § African Americans o Placed in juvenile facility § African Americans o Placed on probation § White o Adjudicated “delinquent” § White Parens Patrie: • The state acts on behalf of the child Public space vs. private space in the juvenile justice system: • Public space o Area where those who are caught committing crime are generally found § Factors that could cause one to be more likely to be in a public space • Less educated • Poor • Homeless • Private space o Within the home/business/indoors § Less likely to be caught committing crime because concealed inside Compound Risk (cumulative disadvantage) in the juvenile justice system (found on page 646): • Studies reveal that small racial differences in outcomes at the initial stages of the process accumulate and become more pronounced as minority youths are processed further into the juvenile justice system Kent v. United States (1996) • First landmark case regarding juvenile justice o Involved 16 yr. old with a history of burglary and robbery offenses o While on probation committed additional charges – rape, robbery, and burglary o Waved to adult court without due process • The US Supreme Court ruled hat hearings determining whether juvenile cases will be heard in adult court must measure up to “the essentials of due process and fair treatment” Roper v. Simmons (2005) o The execution of juveniles (anyone under age 18) was unconstitutional and a th th violation of the 8 and 14 amendments o 22 juveniles had been executed since 1976
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