CJ Week 5; 02/08, 02/10, 02/12
CJ Week 5; 02/08, 02/10, 02/12 CJ 100
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This 4 page Class Notes was uploaded by Courtney Small on Friday February 12, 2016. The Class Notes belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Summer 2015. Since its upload, it has received 58 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 02/12/16
Notes from 02/08, 02/10, 02/12 Motor Vehicle Exception • Allows the search of a motor vehicle without a search warrant (still have to have probable cause) • Examples of probable cause: Sight or smell of contraband (Plain View, plain smell) • Minor Traffic violations are not considered probable cause Terry v. Ohio • Based on reasonable suspicion, an individual can receive a "stop and frisk" • "Terry Stop" -‐ Applies to traffic stops as well 5th Amendment: Grand Jury Indictments • Grand jury decides whether the prosecution has enough evidence to bring a defendant to trial. • Probable cause= indictment (formal changing)= green light to proceed • No probable cause = "no bill" = subject to change Grand Juries • Prosecutor presents evidence against subject • Advantages for prosecution because: 1. Proceedings are "secretive" (only prosecutor and jury present" 2. Exclusionary rule does not apply to grand jury proceedings 3. Prosecutor can choose which evidence presented to jury Miranda Warnings • Miranda v. Arizona (1966)-‐ protects Fifth Amendment rights of individuals against self-‐ incrimination • Rights read AFTER a person has officially been taken into custody, but before any interrogation takes place Reasons for Miranda • Protection against forced confessions ("compelled self-‐incrimination") • Protection against lengthy interrogations without legal counsel • "Public Safety" exception-‐ can forgo Miranda warnings if there is a threat to public safety Criminal Court • Burden of Proof= Beyond a reasonable doubt • Does not mean absolute certanty • Quantify= 97%=99.9% • Reason the threshold is so high • The government (state/federal) brings suit against (prosecutes) a person who they believe has violated the law ( the defendant) o EX: people of the state of Cali o Prosecution-‐ Plantiff vs OJ simpson (defendant) Civil Court • Burden of Proof= Preponderance of Evidence • Tort=Civil Wrong (think lawsuits) • Quantity= 51% (50.1%) • Compensation from damages or injuries • *Amendment 7 has to do with civil court* • One party (plantif) who feels they were harmed (tort) brings a complaint against another party (the defendant) o EX: Liebeck (plaintiff) V. McDonalds Resturant (Defendant) Crime Control vs. Due Process • Two competing models of criminal justice administration: Crime Control vs. Due Process • Crime Control-‐ FACT ; also called assembly line justice • Due Process-‐FICTION ; medias depiction of our criminal justice system Crime Control Model • "Assembly line justice" • Speed and efficiency are main goals • Avoids the courtroom, promotes plea bargaining o *Plea guilty with reasonable expectation of a reduction in a charge (for a lighter sentence) • Court System revolves around plea bargaining • Makes up most of the criminal justice system Due Process Model • "Obstacle Course Justice" • Stresses using the adversarial (courtroom) process • Strained resources make this model problematic • All fictional **TEST QUESTION** • What percentage of criminal convictions come from negotiated place deals (plea bargaining)? o 90-‐95%; only 5-‐10% make their way to the trial room Benefits of Plea bargaining • Criminal Defendants • Judges -‐ judges want to clear their case load, similar to prosecutors • Prosecutors -‐like plea bargaining allows them to move on to the next case very quickly; increases their conviction rate Criticisms of Plea Bargaining • Due process concerns, defendants give up their constitutional rights (right to trial by jury) • Sentencing policies and reduces society's interest in appropriate punishments for crimes Legal Cases • Boykin v. Alabama (1969)-‐ Defendants must state they made their pleas voluntarily, before a judge can accept the plea • Santobello v. New York (1971)-‐ If the prosecution has promised a lenient sentence as a result of a plea deal, the prosecution must keep that promise The Goals of Punishment 1. Retribution-‐"deserved Punishment" a. "eye for an eye" and "pay their debts" to society b. The severity of the punishment should fit the seriousness of a crime 2. Deterrence a. Criminal Punishment used as a basis for affecting the future choices and behavior of individuals b. Potential offenders will consider the cost vs. benefits before committing a crime c. General Deterrence: Provides an example to the general public that discourages criminal behavior d. Specific Deterrence: Targets the decisions and behavior of offenders who have already been convicted 3. Incapacitation a. Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison b. Capital Punishment is the ultimate method of incapacitation c. Selective Incapacitation: Targeting repeat offenders with no longer prison terms (" career criminals") 4. Rehabilitation a. Goal of restoring a convicted offender to a constructive place in society through training and therapy b. Focuses on the offender, offenders are treated, not punished. c. Judges should avoid fixed sentences, instead using maximum and minimum guidelines to release offenders when rehabilitated Death Penalty as a Criminal Sanction • The U.S supreme court suspended its use from 1972 to 1976 amid debates concerning the Eighth Amendment (cruel and unusual punishment). Furman v. Georgia (1972) • Holding: Supreme Court found that the death penalty was being imposed in an unconstitutional manner • Never ruled the death penalty itself to be unconstitutional Death penalty as a criminal Sanction • Which state has the largest total number of death row inmates as of January 1,2016? • California-‐ 743 total
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