CRIMINAL JUST ADMIN
CRIMINAL JUST ADMIN POLS 3600
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This 10 page Class Notes was uploaded by Estelle Prosacco on Saturday September 12, 2015. The Class Notes belongs to POLS 3600 at University of Georgia taught by Silk in Fall. Since its upload, it has received 44 views. For similar materials see /class/202233/pols-3600-university-of-georgia in Political Science at University of Georgia.
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Date Created: 09/12/15
January 21 2010 The goals of quotdoing 39usticequot o Offenders held fully accountable for actions 0 Rights of persons in contact with the system will be protected 0 Like offenses will be treated alike and officials will take into account relevant differences among offenders and offenses Characteristics of the CJ system 0 Discretion law enforcement one of the first things that courts look at when dealing with cases Did the officer have proper discretion The district attorney can decide whether to take a case to trial Judges have a lot of discretion through sentencing Correction officials can decide whether to put inmates in segregation and how long they will stay in jail 0 Rule of law law of rules the systems that we have set up the things that we have decided are right and wrong and what is going to be taken to trial 0 Due Process 0 Resource dependence Ex when it comes to law enforcement in Athens its largely understaffed mainly bc offinancial problems Overfilled prisons o Sequential tasks temptations to skip tasks 0 Filtering 1000 crimes reported 500 get solved 30 get dismissed 95 go to trial etc January 24 2011 The main parts ofthe CJ system 0 Police 0 Keeping peace directing traffic security 0 Apprehending violators and combating crime 0 Preventing crime 0 Providing social services 0 Courts a dual system federal and state and local system adjudication 0 Corrections 1 in 34 incarcerated less than 30 are incarcerated whether they re out on parole or on a police program Steps in the process 0 Investigation community input community witnesses the crime police rarely witness the crime 0 Arrest probable cause PC leads to an arrest 4th amendment defines what an arrest is Officer doesn t have to physically put their hands on a person for that person to know that they are individually seized 0 Booking go to a detention facility and necessary paperwork is filled out 0 Charging has to involve a prosecutor or a district attorney 0 Initial appearance you have to go in front of a properly appointed court official to find out ifthe officer had probable cause to detain you 0 Preliminary hearinggrandjury officer has the opportunity to show a group of peers that probable cause existed to detain a person Almost always just judges who decide whether the case is a true bill or a no bill 0 True bill yes case should go forward 0 No Bill no there is not enough probable cause for the case to go forward 0 Information when a US attorney charges a person wout going to grand jury Can t be used in a capital case Defendants have the right to insist on a grand jury January 26 2011 Steps in the Process cont p17 20 IndictmentInformation Arraignment when the accused are told what the formal charges are and has the opportunity to say guilty or not guilty There are many opportunities for the defendant to say that they don t understand the charges and severity of the charges Trial really imp function of a trial is it is designed to be somewhat of a heated argument 0 Bench trial the judge alone is allowed to decide on the case Minor charges traffic citations 0 Jury trial Sentencing Appeal biggest factor whether someone who has been convicted appeals is money Corrections Release CJ quotWedding cakequot Celebrated cases OJ Simpson case Michael Jackson case Serious felonies Lesser felonies Misdemeanors Read pg 24 27 January 28 2011 5th amp 14th Amendment Equal protection clause Everyone within the borders ifthe US has the right to be treated equally Crime control emphasis is on better statistics getting rid of crime and making people feel safe Emphasizes the quick nature of getting rid of suspects Due process a lot of steps lengthy and difficult Crime and Justice in America 0 What is crime Taking away life and property 0 Mala in se things that we would try to say as a society that are wrong Ex murder rape stealing o Mala prohibita things that are wrong bc the state says their wrong Victimless crimes Ex drugs prostitution o How can it be defined and categorized o How do we track crime 0 How can we better understand who is victimized January 29 2010 January 31 2011 Causes of Crime 0 Classicalneo classical v positivist holistic not just looking at one specific factor but recognizes many factors that make crime likely o Historicalexplanation 0 Biological diet alcoholism in family criminogenic idea of there being a biological factor in crimes 0 Psychological lack of control guilt o Sociological criminals are made not born social structure process or conflict 0 Life course timing interaction results of factors The Rule of Law 0 What are the foundations of our legal system 0 Civil Law different standards for evidence 0 Criminal Law I Substantive criminal law the thing that is illegal murder theft aggravated assault I Procedural criminal law guarantees in the CJ system in the way things are supposed to work court processes ability to speedy trial or see a magistrate o Principals of criminal law pg 66 67 I Legality a thing has to be previously identified as being illegal before charging you with it Actus reus has to be a criminal act a human has to do something wrong Causation if there is a connection between the act and the harm that it causes The thing for which someone is arrested has a causal connection Harm That it does cause harm or has the potential to cause harm Concurrence Intent to commit harm has to be there the time the crime takes place I Mens rea Intent involved a way to differentiate between an accident or a legality I Punishment 0 What systems exist to ensure the state follows the law 0 What remedies exist when the state sails to follow the law 0 What protections exist for residents February 2 2011 Criminal Defenses Entrapment Self Defense Necessity your allowed to do what is necessary to stay alive Duress circumstance that your forced to do something Immaturity between ages of 10 14 Mistake of fact not of law quotignorantia legis neminem excusat 0 Mistake of law not knowing that something is illegal is not a justification for doing something Intoxication Insanity o M naghten Rule Irresistable Impulse Modern Penal Code p73 Durham Rule if an unlawful act was the product ofa mental disease or a mental defect p73 OOO Rule of Law whatever law exists is written down and publicly promulgated by an appropriate authority before the events meant to be regulated by it and is fairly applied by relevant state institutions including the judiciaryquot O Donnell paragraph 4 But does the law actually rule When state agents or even private actors violate law with impunity the rule of law is truncated 1114 The lack of a vigorous and self assertive societyor the incapacity of or unwillingness of certain state institutions to exercise their prescribed authority over other state institutionsis a telltale sign of low quality democracy Focus on 4 5 6 8 and 14th amendments February 7 2011 Important Cases Mapp v Ohio 1961 exclusionary rule 4 Gideon v Wainright 1963 attorney for those who can t afford it 6 0 Man is arrested for burglary denied the man his right to a council bc he couldn t afford it Went to prison and eventually won his case Escobedo v Illinois 1964 right to an attorney during questioning 6th 9 5th 0 Guy is arrested twice for murder of his sister s husband first instance he is arrested and let go then was arrested again Man specifically says he wants his attorney present attorney shows up and cops would not let him in to represent his client Miranda v Arizona 1966 reading quotrightsquot Terry v Ohio 1968 quotTerry Stopquot 4th 0 Old cop sees a man outside of a store acting sketchy Eventually the cop went up to one of the guys and did a quotpat downquot of the guy and found a gun I Pat down based on reasonable suspicion I Terry frisk based on probable cause I Plain Feel I Plain View doctrine If a cop walking by your house and see some evidence of illegal behavior in plain view they can take some legal action Police What are the historical roots of American Policing How has policing developed as a profession What types of law enforcement agencies exist in the US and how are they organized How so we characterize our expectations of police community relations History of policing Major aspects of US policing drawn from British policing 0 Limited authority 0 Local control local govt has a say in how people are policed o Fragmented organization Sir Robert Peel and the formation of the London police 0 Look up Peelian Principles Eras of Policing in the US Colonial Era and Early Republic Political Era 1840 1930 Professional Model Era 1920 1970 Community Policing Era 1970 Present Next February 9 2011 Case Law to read Arizona vs Gant Types of Agencies The Feds from FBI to HUD State state police state patrol state investigative agencies other County police sheriff Native American Municipal Private Police and Communities Special populations Multiculturalism 0 Crime Prevention Police Organizations Division of labor people have specialized functions which they are expected to fulfill Chainunity of command you have a boss your boss has a boss etc February 11 2011 Police Subculture Working Personality authority danger Morality dilemmas inability to prevent crime discretion in gray areas work is ofter against atleast 1 interest 0 Isolation Stress external organizational personal operational combination of all those factors Test Ch 1 6 Ex Question the court has consistently recognized there are 6 exceptions to a search Outline 1 or 2 and explain February 14 2011 Police Use of Force 0 Research shows that 0 Police use force infrequently 0 Uses of force are typically on the low end ofthe continuum 0 Uses of force typically take place in conjunction with resistance during an arrest 0 Tennessee v Garner 1985 0 Graham v Connor 1989 Reasonableness Standard 0 quotThe reasonableness of a particular use of force must be judged from the perspective of a reasonable officer on the scene rather than with the 2020 vision of hindsight I The severity of the crime at issue I Whether the suspect poses an immediate threat to the safety is actively resisting arrest or attempting to evade arrest by flight Police and Constitutional Law How are police authority and oversight affected by constitutional law What are the processes by which courts hold police accountable while also setting future standards for police Test 2 Important Concepts Reasonable Suspicion RS specific articulable facts along with objective and reasonable inferences lead to a particularized suspicion see US v Cortez Florida v JL Terry v Ohio Probable Cause PC facts and circumstances reasonably trustworthy information lead a prudent person to believe a crime was or is being committed see Qian v Kautz Stop Requires RS temporary detention limited in scope amp time Stop and frisk quotTerry Stop RS police stopping someone and having the authority to frisk 9 looking for weapong Seizure govt authority deprivation of property or liberty through means intentionally applied did the police mean to do something Search PC intrusion into reasonable expectation of privacy Arrest PC Affidavit Warrant PC in all instances the preferred authority for an arrest or search search warrants limited in scope Warrantless Search Exceptions Special needs beyond normal purpose of law enforcement border crossing airplane checking Stop and frisk street level stop Search incident to arrest when u arrest someone you have right to search someone Exigent circumstances Consent Automobiles in specific circumstances Searches and Frisks Terry v Ohio quotTerry stop Chimel v California Search incident to arrest Georgia v Randolph cooccupant refusal Bringham City v Stuart Plain view exigency exigent circumsta nces Florida v FL source and reliability of RS February 23 2011 Plain View The officer must lawfully be present at the location The officer must observe the item in plain view The officer must immediately recognize the item as evidence or contraband Questioning Miranda v Arizona 9 Miranda Escobedo v Illinois 6 9 5th Amendment Gideon v Wainright 9 6th Amendment Berghuis v Thompkins 9 silence does not equal invocation of 5th Amendment rights re Miranda Vehicles Carroll v United States I Whren v United States 0 Pretextual Stop I Michigan v Long I Arizona v Gant o Belton Rule search warrant to arrest 0 Can search a car for safety or evidence of THE crime Courts and Ad39udication I What are the theoretical and practical expectations for how court proceedings take place How are courts structured I Who is involved and whose interests do they represent Courts in the US I Trial courts of limited jurisdiction Trial courts of general jurisdiction Appellate courts I Roles of courts 0 Norm enforcement o Dispute processing 0 Policy making Judges I Adversarial v inquisitorial systems 6 when judge is actively involved in getting witnesses to tell the truth judge acts like an attorney Jurisdiction Courts Supreme district appellate state mostlyjust misdemeanors municipal magistrate probate juvenile superior I Selection I Functions 0 Adjudicator o Negotiator 0 Administrator February 28 2011 Prosecutors I US Attorneys I State attorney general I Potential Roles 0 Trial council for police 0 House council for police 0 Representative of the court 0 Elected official 0 Other titles 0 District Attorney 0 Solicitor Defense 0 Hired o Indigentcounsel o Assigned 0 Contract 0 PublicDefender March 2 2011 Pretrial and Trial Proceedings What are the different facets of the CJ system during and after arraignment o How do bail pleas and court proceedings function 0 What criticisms exist of these processes Bail Citations Release on recognizance 10 Bond Bail Guidelines Preventative Detention Pretrial Detention Plea Bargains 0 Santobello v New York 0 quotPlea bargaining is an essential component ofthe administration ofjustice Properly administered it is to be encouraged Plea bargains as an exchange Tactics Legal issues Criticisms 2 L Constitutional foundations Bench v Jury trials 0 Functions ofjuries o Safeguarding citizens from arbitrart enforcement 0 Determining guilt based on evidence 0 Representing diverse interests 0 Serve as a buffer btwn accuser and accused Test 3 April 6 2011 Term Paper A position paper on a policy issue of importance within the CJ system 8 pages and 8 professional or academic references since 2000 Preferably APA style reference section Ex Pitt 2010 p3 Introduce quottentionquot Attend to common mistakes Give appropriate credit Use your UGA research resources Writing and the course paper Broadly what is the interest to you in the CJ system 0 Drugs What are some ofthe specific challenges in that area 0 Drug arrests In what particular arena do you think change is required 0 Drug arrests How well known is the need for change 0 Very How narrowly can you reasonably define your area of interest April 11 2011 Email paper on ELC Prison Programs Classification Educational Vocational Industries Rehabilitation Medical Juvenile Justice How common is youth crime in the US What are the challenges associated with investigating and prosecuting young offenders How does the juvenile justice system operate and how does it differ from the adult system Development of Juvenile Justice Puritan period 1646 1824 MA Stubborn Child Law
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