Intro to Criminal Justice
Intro to Criminal Justice CJ 110
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Popular in Criminal Justice
This 141 page Class Notes was uploaded by Aurelia Tromp on Saturday September 19, 2015. The Class Notes belongs to CJ 110 at Michigan State University taught by Gerald Thalhammer in Fall. Since its upload, it has received 13 views. For similar materials see /class/207600/cj-110-michigan-state-university in Criminal Justice at Michigan State University.
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Date Created: 09/19/15
Introduction 9111 What do you want to learn 1Procedures for CJ 2Forensic Science 3Basic Understanding of CJ 4Judicial System 5Careers in CJ 6Current events 7Forensic Psychology criminal responsibility Criminal Minds 8How people manipulate Judicial system 9Make sense of local ordinances 10High profile court cases 11How buys law 12Rights of police officers 130peration of correctional facilities 14Variance between jurisdictions 16Effects of 911 Lizzie Borden Vs Casey Anthony Killed parents Killed Daughter BOTH FOUND INNOCENT Look at things objectively Don t let emotionsbackground impact decisions We only know what we see on TVWhat is released to the public We get the laws that we want Not as individuals as societies What should be criminal Playing poker for with friends LEGAL Exchange of for sex ILLEGAL Stealing candy without paying ILLEGAL Downloading media without paying ILLEGAL Public drunkenness DEPENDS ON SITUATION Stealing pen from work LEGAL Calling someone an ethically derogatory name LEGAL Polygamy ILLEGAL What is the Criminal Justice System 9611 KEY TERMS Alternative Sentencecan be served in a treatment facility or carried out in community service Conflict Perspective A view of crime as one outcome of a struggle among different groups competing for resources in their society Consensus Perspective A view of crime that sees laws as the product of social agreement of consensus about what criminal behavior is Corrections systematic organized effort by society to punish offenders protect the public and change an offender s behavior Crime Control Model A model of the criminal justice system that emphasizes the efficient arrest and processing of alleged criminal offenders Criminal Justice System The interrelation of law enforcement agencies the courts the correctional system and victim services Deviance The violation of a norm Due Process Model A model of the criminal justice system that emphasizes individual rights at all stages of the justice process Federal Courts The system in which federal crimes are prosecuted consisting of district courts appellate courts or circuit courts and the supreme court Mala in se A behavior categorized as morally wrong evil in itself Mala Prohibita A statutory crime that reflects public opinion at a moment in time Moral Panic The reaction by a group of people based on exaggerated or false perceptions about crime and criminal behavior Norm A rule that makes clear what behavior is appropriate and expected n a particular situation Parole An early release from prison conditional on complying with certain standards while free Probation An alternative to jail or prison in which the offender remains in the community under court supervision usually within the caseload of a probation officer Sanctions Prescribed consequences intended to reinforce people s conformity to norms Secondary Victims Family and friends of an individual who has been victimized Social Norm A rule that specifies how people are expected to behave State Courts The system in which state crimes are prosecuted it includes both trial and appellate courts Statutory Crime An act that is criminal because it is prohibited by law Victim Advocate A professional who assists the victim with every aspect of the post victimization period Victim Impact Statement A victim s statement about how his experiences with crime affected him Victim Services The promotion of victims rights to participate in criminal proceedings and to enjoy personal safety services include shelters and transitional housing programs counseling services and 24 hour hotlines Wedding Cake Model An explanation of the workings of the criminal justice system that shows how cases get filtered according to the seriousness of the offense The Rules that Bind Norms and laws Every society has its own set of Norms how to act in certain situations Deviance breaking from norms is also unique to each society Ideas about deviance change over time can take years to change Exampegt No Spitting you can get arrested in certain cities but you can spit some places and its fine Spitting in the stands of a baseball game vs spitting in the dugout players Socia norms specify how people are expected to behave Informal Social Norms Not written not punishable by law Formal Social Norms Legal laws written downgtProhibits people quotTigger punches kids Disney world Violation of social norm or criminal act Not criminal if provoked accidental self defense defense of others Is act itself reprehensible or is it because of what Tigger is supposed to represent as Disney Character Do you think parents are making more than necessary If so is it for litigious Purposesgttrying to get from awsuitgtbig issue What is crime CRIMINAL JUSTICE SYSTEM What is criminal A person who has committed a crime noun Relating to a crime adjective An act that is deplorable informal An Act or omission that constitutes an offense that may be prosecuted by the state and is punishable by the law Can behavior be inherently wrong Mala in se crimes Crimes because they are just wrong gtStealing car keys wo permission gtRapemurder Despite the perception of some crimes as mala in se there is no such thing as a inherently criminal actagree or not gtDrug Use No Behavior is criminal until a society makes it criminal and societies differ in there definitions of crime public policy Crimes prohibited by law Mala ProhibitaCrimeswe made them laws gttexting while driving jay walking smoking cigarettes in certain buildings Mala Prohibita crimes reflect public policy at that given time gtParking horses in front of city hall is no longer needed as a law but at one time it was The Consensus Perspective everyone can agree certain things should be against the law obvious gtshooting The Conflict Perspective People in power leaderspresident impose their views on everyone else 9811 DISCONNECTS EVOLUTION OF MARIJUANA LAWS Consensus for a long time was that marijuana was good and it could be prescribed Changed over time known as dangerous Consensus changed from approving to disapproving marijuana Now it is a law because of the conflict perspective people have certain views and make it illegal while other people let it be legalMichigan people voted for marijuana to be legal Is it constitutional to execute an Actually innocentquot convicted murderer ARTICLE What happened to get Davis to court Fight with homeless man Coles shot a police office but went to the police station and blamed Davis The police investigated Davis and did not look at Coles even though he was the one who was guilty What happened to get appeal to court David claimed he was Actually innocent even though he was convicted guilty he was innocent 7 of the 9 witnesses took back their testimonies saying that they saw Davis shoot the police man Cole told people that he was the shooter What is Davis claim He is actually innocent What do you think Arguments Overrule Conviction 8th amendment protects cruel and unusual punishment Contrary to social consensus Does not serve goal of criminal justice innocent people will not commit crimes will not deter others bc you are executing an INNOCENT PERSON Shocks conscience Let Ruling Stand Untainted Trial Davis had a fair trial there was no error in the trial Old claim nothing new about claiming that he is actually innocent he claimed it at earlier trials He had trouble convincing people Law does not permit requested relief Davis requested to be let go because he was innocent What is justice It just ain t fair Justice and fairness don t always come together Justice isn t always fair what s just isn t always what s fair Reasonableness is in the eye of the beholder anyone can sue anyone for anything reason for courtslaw Justice deserved or appropriate treatment based on the circumstances Crime Justice and Public Policy Institutions of government enact laws to Define Crime Make Laws Create Agencies to investigate prosecute and punish criminals Enforce Operate the agencies of investigation prosecution and punishment Supplies Allocate resources to address crime MoneyBuildings Consequences of Crime Sanctions Sanctions are consequences intended to Deter people from breaking the law Sanctions can be formal or informal used with the law or with familyfriends Impact of Crime on Victims Usually criminals and their victims are of the same Race Age Range Neighborhood really skilled criminals go to different neighborhoodscities Gender except for rape Least likely to be victimized are white malesfemales 5055 Victims have gained more access to the system The structure of the Criminal Justice System Law Enforcement Police The most familiar part of the criminal justice system Range of issues for police Educational settings and communitybased initiatives DAREKids see police in good perspectives not just when they are getting in trouble People see the police in roles other than writing tickets Police Liaison Officers in schools Judicial System A Dual court system federal courts and state courts Levels of Courts Federal System District courts similar to state trial courts Appellate or circuit courts for appeals The Supreme Court State System District courts Circuit courtswithin jurisdiction of a county Court of appeals A supreme court Pieces and steps of the judicial process Prosecutor first decides whether to prosecute a case Grand Jury decides if a case should go to trial Not used in many states Grand Jury proceedings are SECRET Defense attorneys protect the legal rights of the defendant within ethical boundaries Judges ensure the rules of evidence and law are not violated and provide the jury with instructions for rendering a verdict Corrections Corrections is the systematic organized effort by society to sanction punish offenders protect the public and change an offender s behavior protect the public even if you can t change offender s behavior Once convicted an offender may serve out a prison sentence or may be given An alternative sentence observingclasses Probation what happens instead of going to prison must remain in community and report to probation officer certain rules they must live by Parole after prison get released early and have to go to a parole officer Victim Services Began in 1970 s as a formal part of the system Victim services have become a formal part of the criminal justice system including Shelters and transitional housing Counseling Services 24hour hotlines Some services focus on legal needs of victim certain rights when they come to court Victim advocates may be appointed to assist the victim in every aspect of the post victimization period spend time with victims and inform them on what will happen in court and go to court with themdifficult for victims to face people who victimized them when they are all alone so these advocates help them and can counsel them Victim advocates work in nonprofit organizations and in all sectors of the criminal justice system 24hour hotlines How criminal justice works The Realities The Criminal justice system does not have the capacity to take every case to trial Filtering some things don t go through the tiny cracks somethings do some things get taken out of system minor offenses justification for crime and Compromise alternative sentencing agreements to attend counselingclasses instead of prosecution plea bargaining Serial Killer Gary Ridgway Green River Killer Pled guilty and helped find the bodies Took death penalty off the table Prosecutor made a deal with him that if he pled guilty and helped find the bodies he would not get the death penalty Lots of people wanted him executed Killed 40 female prostitutes because they were easy and nobody would care if they were gonewhy should he care about them The Crime Control Model The criminal justice value system that emphasizes the efficient arrest and m in processing alleged criminal offenders Uniformity treat everybody the same no matter whatandInformality do what you need to do to get people sanctionedpunished The most important function of criminal justice The importance of finality get it done Reflection of public policy general public will agree for the most part The Due Process Model An emphasizes individual rights Ensure fair and reliable decisions no plea bargainingpeople admit to crimes they don t commit to get away with easier sentence Based on law don t care about speed or efficiency just that you followed the law After formal proceedings want trial on everything to prove everything Freedom is so valued that guilty should go free rather than incarcerating innocent Peaked in 1960s 91311 Influences on Criminal Justice Fear of crime Is perception reality Misperceptions about people and situations waiting on street corner for ride drug deal robbery etcbased on experience Different strokes for different folks Does fear make sense depends on neighborhood time of day etc fear controls people Media Coverage Inflates public fear of crimeSweeps weeknews about sex crimes murders etc to get people to watch or read newspapers so they get better ratings Moral panic 911people cancelled trips going near NYC or DC Most criminal behaviors are not crimes against persons and are non confrontational Focuses on violent crime Television Movies Politics Interest groups lobbying Politics affects the criminal justice system in many ways including Behavior of law enforcement Money The priorities that local justice agencies establish Discrimination Disproportionate impact Targeting groups teens at the mall Discriminatory laws pretty much goneJews need not apply to job teacherswant younger teachers because they are cheaper Challenges to Criminal Justice today Global Challenges The freeing of markets ease of transportation and the internet have allowed crime to go global Bio violence spread disease Fighting cybercrime and terrorism iphone app viruses Vs Rights to privacy Domestic Challenges Growing prison population High numbers of mentally ill in the prison DNA analysis aids in confidence of conviction and also in freeing those wrongfully convicted Lack of DNA may be freeing people who would otherwise be convicted 91511 Group Activity Order of Crimes l 1 Bomb kills 200 on plane 2 Forcible Rape where victim dies 3 Man stabbing wifeshe dies 4 5 6 Operating Drug Range Woman stabbing husbandhe dies Forcible rape where victim lives Disturbing a neighborhood 8Running numbers for a gambler 9 Running away from home School Truancy Types of Crime 1132011 72000 PM Can there be a crime but no victim US Senator Larry Craig At airport symbols in bathroom stall for sex got arrested he plead guilty because he didn t want the publicity tried to change his plea but it was too late Measuring Crime Uniform Crime Report UCR Began in 1920 s FBI Initiative Part I Offenses Homicide Forcible Rape Criminal Sexual Conduct wide range of things touching to going to bathroom outside Robbery Aggravated Assault weapon aggravates situation Burglary LarcenyTheft Auto Theft Arson Part II Offenses21 other offenses National IncidentBased Reporting System Aim is to enhance UCR More detailed information about crimes relationship drugs involved etc Low Participation lt40 would be great if more but it takes too much timework National Crime Victimization Survey NCVS Attempt to get a more accurate picture of crime Interviews both victims and nonvictims Tries to address reported and nonreported crime Focuses mainly on victims and their victimizations Implication is that many crimes are not measured under UCR Group of unreported and unrecorded crimes is the dark gure ofcrime NCVS also helps understanding of secondaryvictimization in which a victim is victimized again by the judgement of police the courts or friends Offenses covered Rape Robbery Assault Burglary Larceny Motor Vehicle Theft What did they leave out and why Murder because the victim of a murder is DEAD Self Report Data May give information about offenders who were not caught Anonymity protections of reporting allows offenders to reveal undiscovered incidents of crime Or to brag about nonexistent ones Visible Crime Street crime or Ordinary crime We get most upset about this crime because it is so visible Three types ViolentCrimes against people Property Public OrderDisturbing the peace Visible Crime Crimes against People Crimes against persons are attacks or threats of an attack on a person s body don t have to actually hurt them Both NCVS and UCR data shows general rise until a peak in the early 1990 then decline Crimes against persons constitute a relatively small proportion of all crimebut Have the most potential for causing greater damage to individuals Age and Sex are important determinants of rate and type of victimization Roughly 60 of violent crime victims are male Rates of male victimization since 1993 have declined faster than the female rate of victimization Homicide Unjustified killing of another person First Degree Murder offender must have purposely killed his victim and must have planned to do so in advance Malice Aforethought Manslaughter a killed in which the offender is less blameworthy Voluntary heat of passion provocation Involuntary Carelessness Negligent Homicide Assault and Battery Assault and Battery is a harmful or offensive physical attack by one person upon another assault no touching just putting fear battery touching Like homicide it usually starts with interpersonal conflict and escalates to violence Sexual Violence Sexual Victimization means forced or coerced sexual intimacy Trickery Victims are likely to know their assailant One of the least reported crimes embarrassment family says not to say anything to protect someone else etc The closer the relationship between offender and victim the less likely the victim will contact the police Robbery Use or threat of force in taking someone s goods 92011 Assault and Battery 2 elements Assault Battery Visible Crime Property Crimes Property crimes include the taking of money or goods without the use of force About 75 of crime More common in more populated areas That s where most of the property seems to be People over 65 experience more property crimes than other age groups Burglary Entering another s property with the intent to commit a felony Larceny Completeattempted taking of cash or property from a location without attacking or threatening victim and without obtaining permission you are busy and someone grabs your bag when your not looking If there is a threatattack that is ROBBERY Visible Crime Public Order Crime Usually Less Serious Disturbing peace Obscene Language Public Drunkennessnot illegal in our state Public order crimes are believed to be harmful to society in general or to the person who commits the crime Occupational Crime WhiteCollar Crime Committed in the context of a legal business probably more costly than street crime About 13 are prosecuted Usually committed by individuals as individuals Political Crimes Political Crimes violent and non violent acts that society perceives as threats to a governments survival Treason espionage Terrorism Immigration Offenses Most offenses in 2000 included entering the united states illegally Organized Crime Organized crime is an ongoing criminal conspiracy that exists to profit from providing illicit goods and services Primarily gambling prostitution auto theft and drug trafficking Gives us what we want but can t get legally Victimless Crimes Is there such a thing Prostitution Gambling Drug Offenses Pandering Or are these issues ofPUBLIC POLICY Causes of Crime 1132011 72000 PM o Seeking the causes of crime Early schools of thought 0 o Theory helps us try to understand why people commit crimes o Affects how Laws will be Enforced o Affects how Guilt is Determined o Affects how Punishment is Imposed o Early Schools of Though Classical o Criminal behavior is motivated by free will punishment prevents crime o The classical school Life is made of choices o Criminal behavior is Rational o Engages in a cost Benefit Analysis o Fear of punishment works for most people o Implications o System must be predictable o Key swift certain and severe punishment o 92211 o Early Schools of thoughPositivist o Criminal behavior is a result of determinism treatment prevents crime o The Positivist School Criminal Behavior is predetermined o Determinism rather than free will o criminal behavior is a product of biological psychological andor social forces that are beyond a person s control no mind of their own o Impact The first theory that supposes that outside factors have an impact on a person committing a crime o Punishment does not necessarily prevent deviant behavior o Biological Factors part 1 o General proposition Differences in the biological and psychological makeup of individuals affect likelihood of criminal behavior Brain functioning may be affected by disease injury or the effects of such chemical agents as alcohol and drugs Biological Factors part 2 According to Lambroso Criminals are different from us Phrenology Craniology Atavism Primitive Traits Heredity alcoholism epilepsy or syphillis Implication The goal is incapacitation since crime is not a choice Finishing Biological Theory Body Type Theory Sheldon Mesomorphs muscular more apt to use physical force to get what they want Ectomorphs thin cant use power strength use their minds to get what they want Endomorphs in between good supervisors good at getting what they want through other people Implication More to determine character of a person who commits crime than preventative implications Psychological Factors Focus on Mental Conditions Personality disturbances Limited Intellect Implication People with personality disorders and mental illness should receive treatment rather than punishment Sociological Factors Sociology is the study of human beings within their social environments and includes looking carefully at how people behave and interact in societies Sociological Theories Social Learning Theory Social Learning Theory suggests deviant behavior is learned by interaction with others Differential association theorysuggests that criminal behavior is learned during normal social interactions which also reinforce criminal and law abiding behavior Family members and peers are major influences How a person behaves is also influences by his experiences with the behavior of others The socialization of every individual involves internalizing the rules for appropriate behavior When Adversity leads to crime Strain Factors Strain Theoryproposes that certain pressures make a person more likely to commit crime Strain factors can come from a variety of sources Feelings of alienation hopelessness isolated disillusioned frustrated anomie Inability to achieve ones life goals The Life course Delinquency Perspective Many criminal careers begin with youth crime but can change with turning points Social Control Theory Close associations with important institutions control behavior don t want to disappointembarrass Weakened associations reduce control people separated from family or homes are more likely to be criminalshave deviant lifestyle Labeling Theory Low expectations leads to low performance leads to reinforcing low expectations Conflict Theory Conflict between the wealthypowerful want to keep it and the poorpowerless want to get it Haves vs Have Nots Conflict leads to frustration Frustration leads to more conflict Status Theory Search for status will propel our behavior Middle class values predominate People adjust to those values As people gain status move out of certain areas they move away from crime crowded areasmore powerlesspoor people Neoclassical Criminology Greater use of incarceration Sentencing Reform Criticism of rehabilitation said it did not work Get Tough 80 s lots of prisons built The classical theorists are right except There are individual differences not all murderers get put away for the same timedepends on situations Merton39s Adaptations to the Goals Means Disjunctionstrain theory CHART Assessing Theories Some truth in all theories The ultimate test is it s predictability factor none of the theories can do this cannot predict who will commit crime Most theories focus on visible crime and the poor not really white collar crime Most theories deal with male perpetrators Can there be a verifiable theory that merges the differing ideas about the causes of crime REMEMBER Some insight into the causation of delinquency and crime can be obtained from almost any approach that bears a reasonable relationship to the nature of the problem Means Even though there isn t one theory that can predict you can use parts of the theories o Sheldon and ElenorGlueck Unravelinq Juvenile Delinquency 1950 0 o The only correlation made with causation of crime is low school acheivement Criminal Law and Defenses 1132011 72000 PM Have aways had rules to live by As families grew would move off and meet other families etc Made clans people loosely related Settlements were developedmore rulesstructure were needed Laws change over time due to society What is law The rule of law The government can punish people only when there are written laws created by established procedures prohibiting specific activities No Government official no matter how powerful is above the law The united states justice system relies upon the rule of law Purpose and function of the law Criminal law serves a number of functions Protect people and property from harm Provide clear standards of behavior Limit the governments power to penalize people unfairly or arbitrarily Regulate and sometimes maintain social order Serve a symbolic function sending a message that a society disapproves of particular acts History of Criminal Laws Unwritten social norms Written norms Hammurabi s code first real list of laws Ancient Greeks and the Romans relied heavily on written laws Common Law Developed in England Appointed judges throughout Englandroad on a circuit Royal Judges carried with them a consistent set of rules common practice of law Relies on precedent relying on previous decisions on similar cases Foundation of United States lawWhy Don t want to keep changing what we are doing if we couldn t count on the Supreme court we would just keep guessing on what to do Modern sources of law in the united states Statutes substantive Law Felonies Most Serious punishable by 2 years in prison to death Misdemeanors Less serious offenses punishable for our purposes sentences less than 1 year in jail Ordinances Punishable by short period in jail 90 days and fines Procedural Law How agencies are supposed to operate Case Law Appelate court at any law makes a decision on a case that changes practice on a law Big impact on how laws are decided Only valid in area that court serves Civil and Criminal Laws Civil Law governs relationships between individuals tree branch fall on neighbors head Party who initiates law suit is the plaintiff The other party is the defendant Criminal Law Operates under the assumption that society rather than an individualhas been injured by the defendants actions taking branch and hitting neighbor on purpose Civil Vs Criminal Laws Only government initiates criminal cases Only criminals can lose freedom More legal protections in criminal case Guilt Vs Liability Size of Jury usually Civil Jury 6 Criminal Jury 12 Injured party has more control of case in Civil Matters Standard of proof is different Beyond reasonable doubt The Legal Elements of a Crime use this not book answers Corpus DelictiProof that a crime has been committed ActAgent The state must prove that a crime has been committed The prosecutor must show that A defendant s criminal action was the product of his criminal intent and that this intended action or failure to act resulted in harm or injury to the victim Principles of Criminal LawElements of a Crime Legality ActusReas Guilty Act act not status being drunk vs being a drunk CausationDid the act cause harm HarmHas to be harm to a person or group Not necessarily injured just harmed ConcurrenceConnection between intention and the act Meaning to do what you did Mens Rea The guilty mind Punishment Elements ActusReas Causation Harm Concurrence MensReas Group work MCL 750110Breaking and Entering 1 A person who breaks and enters with intent to commit a felony or a larceny therein a tent hotel office story shop warehouse barn granary factory or other building structure boat ship shipping container or railroad car is guilty of a felony punishable by imprisonment for not more than 10 years 2 As used in this section and section 111 shipping container means a standardized reusable container for transporting cargo that is capable of integrating with a railcar flatbed or a flatbed semitrailer ActusReas Guilty ActBreaking and Entering Mens Rea Guilty MindIntent to commit Casual Relationship Person with intent Harm Felony Larceny Concurrence commit a felony or larceny therein 92911 Derrick Robie Murdered by a neighborhood kid The legal elements of a crime Inchoate Offenses A crime in which the person has mensrea and takes steps to commit the actusreus but is unable to complete the offense May still face criminal liability Attempt is a common inchoate crime Example Go into store with gun ask for cash box get arrested before harming anyone or getting money Criminal DefensesMitigationJustification Entrapment Police Officer encourages someone to commit a crime Self Defense First obligation is to avoid attack Can t do whatever you want has to match up with what is being done to you Necessity Speeding because someone is pregnant Necessary to commit crime in order to keep someone else out of harm Duress Life threatened unless person commits crime Must prove it Immaturity Usually applies to juveniles Don t have judgement to make decisions Not so much since the 1990 s Mistake Drove stolen car didn t know it was stolen Intoxication If by trick or mistake druggedwrong medication Insanity Insanity A legal defense to determine if a person s state of mental balance negates criminal responsibility M Naghten Rule most commonly used rule in the US Defendants must have mental state that rendered them unable to know what they were doing or if they did know what they were doing that it was wrong RightWrong Test The American Law Institute ALI Rule Substantial capacity clause People severely affected by mental illness but able to understand what they were doing when they committed the crime to a limited extent The Durham Rule Mental disease at the time of the crime Curable mental disease Only used by New hampshire no longer used anywhere else Definitions Currently most states use the M Naghten rule or a variation of it 4 states no longer provide a court definition of insanity Weakening of the defense Guilt but mentall ill GBMI Intended as a compromise between acquitting a mentally disordered defendant as NGRI and finding that defendant guilty Grants the convicted to the right to psychiatric treatment during incarceration And then put on trial Other Defenses Infancy Sometimes protects very young offenders from criminal liabilty The younger the child the less punishment Consent DefenseMutual Combat Fights in sportsif injured during sports it is unlikely charges will be pressed because they are in agreement to fight Overview Of Policing 1132011 72000 PM It s not east being blue Stress External Traffic stop arrest domestic calls Internal Work shift bad hours Family disruptions Isolation Suspicion to public Nobody likes the cops until you need them Moral Dilemmas Goal of preventing crime vs inability to do so Crime never stopscrime every day Working outside of the procedures consequence Referee syndrome no matter what they do half of the people will get madcan t make everyone happy 10411 Defining Policing The term law enforcement has been used synonymously with policing Some history from Olde England our system based on england Alfred the great 9th century All for on and one gets all punished Requirement to give assistance No sanctuary tithings frank pledge The reeve of the shire oversees law History of policing Vigilantism unnofficial police power in community set up to enforce normsnot paid Volunteer selfappointed groups organized to suppress crime and punish criminals Usually present when there is not an organized law enforcement present Flourished from the mid1700s to about 1900 Tightly organized or ad hoc Historically enforced the norms rather than laws Slave Patrols formally orqanized paid people to protect police function First publicly funded city police agencies Prevent runaways prevent insurrection and subdue rebellions South Carolina then virginia Development of Policing in 180039s Fragmentation of Society Duties related to preventioncontrol Control viceriotsfirespublic health Nothing compared to things we deal with today Advent of Crime Fighter Change in expectations Reform To meet community expectations Technology History of policing English Model Metropolitan Police Act 1829 Sir Robert Peel Home secretary of England Father of policing First large 1000 organized police force smaller police forces still exsisted Limited authority of Officers Local Control Hard to remember laws if they are different in each areajurisdiction QuasiMilitary Structure Overcome fragmentation Lack of coordination when things are fragmented Metropolitan Police Act Tight control by the government Preventive Patrol Good appearance demands respect Probationary employment Work for a little while at the end of that time they decide whether or not they want you stay if your not good your done working Standard Police records Selection and Training Even temper and Determined manner Measure effectiveness through absence of crime and disorder most important nowcrime this year compared to next yearsees if police are doing their job History of Policing Political Era Generally 1840 s1920 s After Metropolitan Police Act Prompted by mob violence and Gin Fear of street crime Local political bosses choose police officers as a reward for party loyalty Role was to control and maintain order Inadequate trainingspoils system Use of force commonbad training More apt to use weapons if they are not trained to deal with people or weapons appropriatley Protection of staus quo especially political regime History of Policing Professional Era Generally 1920s through 1970s Concern with corruption Advances in Technology like Cars TV Radios easier communication Telephone ETC 6 Elements Freedom from political influence Well trained disciplined force Equal enforcement of the law Incorporation of new technology communicationtransportation Personnel procedures based on merit Fighting crime as primary duty History of Policing Community Policing Era Generally 1970 s to PRESENT Some things we disagree with People think we are moving back to professional era Emphasis on positive public relationships Riotsbrutality claims precipitate review Public sees crime now on TV not just reading Increase in Federal Assistance More Money Growth in police unions Principles Problem Solving best done at neighborhood Local Problem solving Citizens active in fighting crime Structure of the Law enforcement system Sworn PersonneIare those entrusted with arrest powers usually referred to as peace officers Sheriff Departments 3100 and 175K County Jurisdiction Police Rural areas no other active police Operate County JailSecurity Provide security in courts bailiffs SOMETIMES other times private securityretired officer Serve Civil Papers Tend to serve large areas with fewer people Local law police departments 12800447K Authority is by local government action CityMunicipality townshipvillage Smallerjurisdiction but more people Enforce laws and ordinances State Law Enforcement Aqencies 4959K Authority by State Legislature Role defined by state law Highway Safetyenforcementtechnical support Hawaii doesnt have one Tribal Police Agencies 135 Federal Law Enforcement Department of Justice DOJExecutive Branch of Government Limited in scope Federal Law enforcement agencies terrorismforeign intelligence threatcrimes Enforcement of controlled substance Cigarette taxbootleggingguns Marshalls fugitivesWitSecTransport prisoners Deal with violations of federal statutes ONLY unless invited in to deal with local statutes Homeland Security A new Era of policing Response to 9112001 terrorism attack Coordinated 22 agencies Border and Immigration enforcement Diverts money from other agencies 10611 Recruitment Selection and Training Recruitment Finding qualified peopleHard because Pay not as dependent as other fields Negative connotations had bad previous experiences with police officers Ongoing demand for officers Ongoing turnover retirement after 20 years usually Agencies use a wide range of recruitment avenues Ads CollegesUniversities Other police agencies Selection Physical Fitness Character Psychological Fitness Prior Criminal Record Education Motivation don t want someone who wants to be a cop TOO MUCH Representative of community reflects makeup of the community You can only choose from those who apply Training Academy Training Legal rules Weapons and self defense Socialcommunity relations Inservice Training With veteran officers Police Subculture An occupational subculture is a set of norms and beliefs held by most people in a given occupation or profession police doctors teachers etc any group Police organizational subculture is particular to an individual department The belief that the officers MUST support one another Unique powerauthority of police officers Suspicion of general public Can lead to Us vs Them mentality Police Discretion 3 Factors Definition Ability of a police officer to decide whether or not to report someone Who initiates The Complaint Self initiated traffic stopordinancePolice stops youmore likely to get out of ticket Citizen initiated complaints Department Policy Vague or unclear statute Public Pressure Volume Personal Assessments Time Reasonablenessrelative seriousness Bias Abuse of Authority When a police officer uses police powers for compelling or preventing a legal or proper action Misuse of Authority Occurs when police disregard policies rules or laws in the performance of their duties Noble Cause defense the end justifies the means Abuse of Authority Corruption Misuse of authority for personal gain Why Faulty selection and training Society gives tacit support Blue Line How to fight Corruption Change department tolerances Take bad officers to jail Transparency in management Changing public tolerances Abuse of power Force Force is excessive when considering all of the circumstances known to the of cer at the time he or she acted the force was unreasonable Can be abusive language actual force or coercion threats harassment discrimination Discrimination includes Race Sex Age Sexual preference position Abuse of Authority Attaining Integrity Professional Standards Management function by training and supervising Investigating and resolving complaints Policing Operations 1132011 72000 PM Policing Roles 3 Roles Maintaining orderKeeping the peace Preventing crime Enforce noncriminal regulations Return stolen property Enforcing the law Investigating violations Enforcing violations Arrest when needed Service activities Nonlaw enforcement activities Directions Helping Elderly etc Police Patrol Strategy Patrol deters crime visibility Keeps the peace Quick response to emergencies Arrest Criminals Give assistance to criminals in need car problemsflat tire Move traffic and people along Atmosphere of Safety Strategy Reactive Patrol Call for Service Discretionwhich calls are serviced and in what order Differential Police Response Most calls do not require fast response Saves department resources Minimal reduction in arrests Demands public education transparency Strategy Preventive Patrol Random Patrol not the same place every daydifferent patterns on different days Visibility Deters Crime never know when police are going to come but you know they will less likely to commit crime May move rather than stop crime Strategy Aggressive Patrol Pay attention to violations as encountered No crime too small jaywalkinglittering Broken Windows Model Neighborhood disorder creates fear Giving out crime promoting signals Emphasize public order crimes Low level offenders become serious offenders let people get away with small things they will start doing big things Reduces Fear Hot spotsHot times Where should police be and when Crime higher in these areas SARAScanning analysis response assessment Police Officers on the Job Patrol Officers The backbone of policing Preserve crime scene and be alert to suspects Most case closures depend on this function Preliminary investigation Detectives Conduct followup investigations Much duller and routine than film or books Rely on citizen cooperation and informants Forensics Application of scientific knowledge and methods to criminal and vivil investigations and legal procedures including criminal trials ChemistryBiology CSI Miami or Las Vegas Psychology Insanity Claims Anthropology Bones Art White Collar Accounting too dull for a TV show Police Investigations Four Functions Gather evidence relative to identified suspect Try to identify and suspect Surveillance in expectation of a crime No suspect no crime but rely on experience Effectiveness Arrest is closely connected to timeliness of report 33 when crime in progress 10 if one minute later 5 if 15 minutes later Technology on the Job Communications Technology Ability of police agencies from different jurisdictions to talk and share data in real time Technological Resources Computerized statistics Crime Analysis The police Organization Most police agencies have a hierarchical organization and a degree of centralization Chain of commandthe line of authority Unity ofcommand Individual reports directly to a single individual higher in the chain Militaristic in nature Deployment of Police Resources Factors affecting resource allocation Demands of citizenry Administrative requirements of the agency Agendas of local government leaders they fund us we honor what they wantas long as its legal Policing strategy in practice Local Politics Responding to Diverse Populations Elder Adults People with Disabilities The mentally ill The homeless Recent immigrants Different Cultures POLICE HAVE TO ADJUST DEPENDING ON WHICH POPULATION THEY ARE DEALING WITH Legal and Special Issues in Policing 1132011 72000 PM Arrest An exercise of power to deprive a person of his or her liberty keeping person in custody by legal authority in response to a criminal charge Any act that indicates an intention to take the arrestee into custody and that subject the arrestee to the actuacontrol and will of the person making the arrest Taken by police officer and you are no longer allowed to leave Supported by probable cause Reasonable grounds for belief of guilt Based on the conclusion of a reasonable prudent person Committed a crime or about to commit a crime With a Warrant Based on probable cause Best way to make an arrestnever will get in trouble for arresting someone if they have a warrant Without a Warrant Crime is in progress See someone breaking into a store stealing a car Probable cause to believe a crime has been committed by a particular person The Fourth Amendment The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and garticuary describing the place to be searched and the persons or things to be seized Protects residents from unreasonable searches and seizures Searches and Seizures Applies only to government agent Reasonable expectation of privacy A seizure peopleproperty not free to leave when officers assert authorityquot Searches can occur with or without warrants The Exclusionary Rule Evidence obtained in violation of an individuals fourth amendment rights cannot be used against that individual in a criminal trial No warrant Illegal Search Exclusionary rule is very strict Illegally seized evidence is excluded even if it is the only evidence Doesn t matter what the person did and how they did itif it is excludes you cant use it no matter what DollreeMapp Case Suspect in bombing Went to search her house to look for illegal equipment DollreeMapp said you cannot enter unless you have a warrant 2 officers left 1 remained So someone doesn t leave or hidemove things around or get rid of evidence Lots of officers come back with paper saying its a warrant break into house because Dollree still won t let them in Dollree asks to see warrant they say no she takes warrant and sticks it in her dress Officers take paper away and arrest her because she s being belligerent Search the house and don t find anything but they found pornographic materials Arrested for possession of pornography found guilty even thought she claimed it wasn t her suitcase Case was thrown out of courtMapp vs Ohio Illinois V Gates 1983 Police department receives anonymous letter saying Mr Gates and his wife are selling drugs Wife would drive car to Florida on May 3 and the husband would fly down to drive car back Car s trunk would be loaded with drugs Gates had 100k worth of drugs in house Acting on tip police officer found where they lived and that Mr Gates had plane ticket to Florida DEA watches flightMrGates took flight stayed overnight in motel room registered in Mrs Gates name Leaves the next morning with a women with an Illinois license plate issued to husband Gates headed north on an interstate highway used by travelers in the area in which the couple lived In a Search warrant for the gates home and auto was obtained based on officer s affidavit using facts and the anonymous letter Gates get home police were waiting and discovered drugs in car and home Was this legal search and seizure They had a warrant was there probable cause Trial court ordered suppression of all items seized and the illinois appellate court confirmed The illinois supreme court also affirmed the decision holding that the letter and affidavit were inadequate to sustain a determination of probable cause to issue a search warrant US supreme court disagrees A two prong test veracity and reliability That the informant with a basis of knowledge should be used in a common sense context Totality of circumstances Searches with a warrant ReasonablenessProbable Cause Ordinarily the government must obtain a warrant before its agents can conduct a search or seizure A reasonable person could conclude there is a likelihood a crime has been committed Searches without Warrant Reasonable suspicion a reasonable officer could believe that a person had been is or is about to be engaged in criminal activity considering the totality of circumstances Presumed to be illegal Plain view searches Use of senses open Fields doctrine Anything seen is fair game gun left out in the opennot privacy Not a search at all Stopped for violation and see beernot considered a search Incident to an arrest Safety concern for officers Make sure the person has no weapons on them Special needs Justifies searching individuals in specific context Airports schools stadium Border Crossing General Safety at public events Stop and Frisk Terry stop a brief interference with a person s freedom justified by reasonable suspicion Automobile Searches Probable Cause Officer can ask people to vacate car and can frisk driver is there is suspicion of weapon bulge in coat and passengers can be searched too Abandoned Property Leave water bottle behind can test DNA can t take it from me though Garbage Not abandoned if its on your property Abandoned once its off the property Exigent Circumstances emergency Urgent Situation no time to get a warrant Hot pursuitimminent danger Chasing someone and you see them run into a house you follow them and search in the house for the person without a warrant doesn t have to be that persons house hear someone screaming in a house for help don t need warrant Consent To claim your rights you must assert your rights Minnesota V Dickerson While conducting pat down search of a suspects outer clothing items in pockets or clothing may be seized as evidence if they are immediately identifiable by touch as weapons or contraband Plain Feel Doctrine 101811 Mapp Vs Ohio Important case for exclusionary rule Weaks vs San Fransico Conduct a search after arrest Found evidence of suspected use of US mail to transport lottery tickets 3 Searches with no warrant took away some documents Weaks filed suit to have papers returned to him especially not relevant ones Petitioned to have all evidence excludedThrown out at trial Supreme court orders these searches illegal and all legal documents must be returned to Weaks Exclusionary Rule Any evidence that is obtained illegally cannot be used illegal confession or searches Exceptions Good Faith Exception If officer has reason to believe they were acting legally not just pretend Confusion on warrants Independent Source Someone else gives them the information and police did not initiate the actionNot acting as agent of the policenot illegal finding Inevitable Discovery The evidence would eventually be found man kills girl tells police where to look without lawyerstill can be used Illegally obtained evidence against one person can be used against somebody else Silver Platter Doctrine One police agency collects evidence of wrong doing and finds they cannot use it they give to another police agency to use the evidence against the person Fifth Amendment No person shall be held to answer in a capital punished by death or otherwise infamous crime unless on the presentment or inditement of the grand jury except in cases arising in the land or naval forcesor in the militia when in actual service in time of war or public dangernor shall any person be subject for the same offense to be twice put in jeopardy of life or limbnor shall be compelled in any criminal case to be witness against himself nor be deprived of life liberty or property without due process of lawnow shall private property be taken for public use without just compensation Self Incrimination Can t be forced to give evidence of own interest Double Jeopardy Escobido Vs Illinois Arrested on suspicion of murdering brother in law Released after questioning Got evidence about 10 days later saying they saw him do it Police say they will get him a lawyer when he asks but they want to talk to him first Escobido confessed after presented evidence without his lawyer present Convicted of Murder Due Process Don t always have the right to the council that you want Can t afford an attorney government will find one for you Wave your right to an attorney Miranda Vs Arizona Charged with kidnapping and sexual assault of Young Girl March 1963 Miranda Laws Wasn t told of his rights prior to questioning Interrogators come out with written confession two hours later Including typed statement that Miranda signed that he knew his writes and he knowingly waved his rights 2 weeks later doesn t get a lawyer at hearing and at court his lawyer objects to what Miranda signed Convicted Supreme court over ruled it and stated he was never informed of his rights retried and convicted again without confession Served 11 years Miranda Rights Right to have attorney present at anytime during interrogation Right to remain silent and refuse to answer questions Right to consult with attorney Cannot afford attorney state will provide one for you Anything can be used against you in the court of law Exceptions Threat to public safety bomb Spontaneous utterance Suspects can wave their 5th amendment rights 6th Amendment All people have the right to a speedy and public trial Right to be tried by jury by people who live in the same area as you Danielle s Notes CJ 110 Oct 18th Notes Continued Police Officers Deaths among police officers often Most common deaths to police officers Heart attacks Police Use of Abusive Force Using more force than needed 0 Use as much force as necessary but if use more abuse 0 Who decides what is too much 4 Person who has been used force upon Voice opinion 0 Police Use of Deadly Force When they can kill 0 TwoProng Test 4 Dangerousness Person has committed crime that represents infliction of serious dangerous crime ampNecessity Something less available Use something else besides gun etc 0 Better the training less likely the use of deadly force 0 Can get help quickly less likely to use force 0 Better protective equipment less likely to use force feel protected 0 Less lethal weapons will not use deadly force 0 Means of avoiding stress 0 Tennessee vs Connor 0 Police called about burglary 0 Suspect keeps running shot amp killed 0 Cannot do this anymore if the offender is not dangerous amp not armed cannot use deadly force in preventing escape 0 Police officer does not have reasonable cause if person is not dangerous 0 Graham vs Connor 0 Graham Diabetic Insulin reaction 0 Go to store long line Go to friends house 0 Police officer Connor Sees something going on thinks suspicious stops car Questions try to explain Diabetic shock Police officer makes wait Ignore attempts Graham is told to get on the ground handcuffed Back up police find nothing happened in store Supreme Court Police officer acting unfair Objective Reasonableness StandardTotality of Circumstances Was act of force reasonableunreasonable o 0000 Arrest An exercise of power to deprive a person of his or her liberty keeping person in custody by legal authority in response to a criminal charge c Any act that indicates an intention to take the arrestee into custody and that subject the arrestee to the actuacontrol and will of the person making the arrest 0 Taken by police officer and you are no longer allowed to leave 0 Supported by probable cause 0 Reasonable grounds for belief of guilt 0 Based on the conclusion of a reasonable prudent person 0 Committed a crime or about to commit a crime 0 With a Warrant 0 Based on probable cause 0 Best way to make an arrestnever will get in trouble for arresting someone if they have a warrant 0 Without a Warrant 0 Crime is in progress 0 See someone breaking into a store stealing a car 0 Probable cause to believe a crime has been committed by a particular person The Fourth Amendment 0 The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized o Protects residents from unreasonable searches and seizures 0 Searches and Seizures o Applies only to government agent 0 Reasonable expectation of privacy 0 Seizure peopleproperty not free to leave when officers assert authority 0 Searches can occur with or without warrants o The Exclusionary Rule Evidence obtained in violation of an individuals fourth amendment rights cannot be used against that individual in a criminal trial 0 No warrant 0 Illegal Search o Exclusionary rule is very strict o Illegally seized evidence is excluded even if it is the only evidence 0 Doesn t matter what the person did and how they did itif it is excludes you cant use it no matter what 0 Exceptions 4 Good faith exception 1 If police did not initiate action someone finds evidence amp turns in 4 Inevitable discovery Got illegally would have gotten legally anyway people were searching anyway DollreeMapp Case Suspect in bombing Went to search her house to look for illegal equipment DollreeMapp said you cannot enter unless you have a warrant 2 officers left 1 remained So someone doesn t leave or hidemove things around or get rid of evidence 0 Lots of officers come back with paper saying its a warrant break into house because Dollree still won t let them in o Dollree asks to see warrant they say no she takes warrant and sticks it in her dress 0 Officers take paper away and arrest her because she s being belligerent 0 Search the house and don t find anything but they found pornographic materials 0 Arrested for possession of pornography found guilty even thought she claimed it wasn t her suitcase 0 Case was thrown out of court OOOO Mapp vs Ohio Search Week s home amp investigate him No warrant Search US Mail to transmit lottery tickets Illegal search return documents unless illegal property Exclusionary rule Silver Platter Give to another police agency illegally OOOOO 0 Illinois V Gates 1983 0 Police department receives anonymous letter saying Mr Gates and his wife are selling drugs 0 Wife would drive car to Florida on May 3 and the husband would fly down to drive car back 0 Car s trunk would be loaded with drugs Gates had 100k worth of drugs in house 0 Acting on tip police officer found where they lived and that Mr Gates had plane ticket to Florida 0 DEA watches flight MrGates took flight stayed overnight in motel room registered in Mrs Gates name 0 Leaves the next morning with a women with an Illinois license plate issued to husband Gates headed north on an interstate highway used by travelers in the area in which the couple lived o In a Search warrant for the gates home and auto was obtained based on officer s affidavit using facts and the anonymous letter 0 Gates get home police were waiting and discovered drugs in car and home 0 Was this legal search and seizure 0 They had a warrant was there probable cause 0 Trial court ordered suppression of all items seized and the Illinois appellate court confirmed The Illinois supreme court also affirmed the decision holding that the letter and affidavit were inadequate to sustain a determination of probable cause to issue a search warrant o US supreme court disagrees 0 Two prong test veracity and reliability 4 That the informant with a basis of knowledge should be used in a common sense context 4 Totality of circumstances Searches with a Warrant o ReasonablenessProbable Cause 0 Ordinarily the government must obtain a warrant before its agents can conduct a search or seizure o A reasonable person could conclude there is a likelihood a crime has been committed Searches without Warrant o Reasonablesuspicion a reasonable officer could believe that a person had been is or is about to be engaged in criminal activity considering the totality of circumstances 0 Presumed to be illegal 0 Plain view searches 0 Use of senses 0 Open Fields Doctrine Anything seen is fair game gun left out in the opennot privacy 0 Not a search at all 0 Stopped for violation and see beernot considered a search 0 Incident to an arrest 0 Safety concern for officers 0 Make sure the person has no weapons on them 0 Special needs Justifies searching individuals in specific context 0 Airports schools stadium 0 Border Crossing 0 General Safety at public events 0 Stop and Frisk 0 Terry Stop a brief interference with a person s freedom justified by reasonable suspicion 0 Automobile Searches 0 Probable Cause 0 Officer can ask people to vacate car and can frisk driver is there is suspicion of weapon bulge in coat and passengers can be searched too 0 Abandoned Property 0 Leave water bottle behind can test DNA can t take it from me though 0 Garbage Not abandoned if its on your property Abandoned once its off the property 0 Exigent Circumstances emergency 0 Urgent Situation no time to get a warrant 0 Hot pursuitimminent danger 4 Chasing someone and you see them run into a house you follow them and search in the house for the person without a warrant doesn t have to be that persons house D Hear someone screaming in a house for help dont need warrant o Consent To claim your rights you must assert your rights 0 Minnesota vs Dickerson 0 While conducting pat down search of a suspects outer clothing items in pockets or clothing may be seized as evidence if they are immediately identifiable by touch as weapons or contraband 0 Plain Feel Doctrine The Fifth Amendment 0 No person shall be held to answer in a capital crime punishable by death or other infamous crime unless on the presentment or enditement of a grand jury except in cases raising in land naval militia forces in the time of public danger Nor shall any person be subject to double jeopardy o Eminent Domain 0 Protection of person amp property 0 Cannot be compelled to give evidence against ourselves Cannot be forced to act against selfinterest Escevido vs Illinois Case Arrested on suspicion of murdering brotherinlaw Questioned released Evidence found 10 days later from witness Brought back in wants lawyer Escevido confesses after told about evidence Convicted goes to Supreme Court Throws conviction out Can t deprive someone the right to an attorney Do not have to wait to be charged to have an attorney always have the right to have one Absolute in any procedure 4 Not always right to have the person you want but you get one 1 Have right to wave can represent yourself OOOOOOOO Ernesto Miranda vs Arizona Case Charged with kidnapping amp sexual assault 1963 Victim identifies him taken into interrogation Was not told could have a lawyer After 2 hours of interrogation come out with confession Confession included typed signed statement Full knowledge of legal rights any statement may be used against Knowingly waved rights to an attorney 2 Weeks later Realizes made bad choice still no lawyer Lawyer does not use signed confession is overruled Convicted of rape 20 years Supreme Court says retry case cannot use confession was not advised of rights 0 Convicted second time without confession 11 years 0 Miranda Rights Before you can be questioned must be considered a suspect 4 Right to remain silent 1 Any statement can and will be used against you 4 Right to have an attorney present at any time during questioning 4 Right to consult with attorney privately 4 Cannot afford attorney state will provide attorney for you 1 Exceptions B Public safety exception Allows police to dispense with warnings if there is concern for safety D Spontaneous Evidence Someone blurts something out can be used D Suspects can wave fifth amendment rights OOOIjleOOOOO 0 Investigation of a Juvenile 0 Ex Robert Case Young guy arrested for murder Michigan 1 Questioned for long period of time pictures of victim 4 Eventually confessed because felt he had too The Sixth Amendment In all criminal cases right to speedy and public trial Soon amp in public to ensure fair Impartial jury of the state or district where the crime was committed Not entitled to jury of our peers Informed of nature of accusation must be given certain information Courts 1132011 72000 PM o Court structure and Jurisdiction o Jurisdiction The authority to preside over a case based upon geography andor type of case o Federal Courts o Involve federal law or the federal constitution o Involve citizens of different states and at least 75000 in controversy o United states is a party o Structure o United states supreme court o Choose the cases they wish to hear o No one has the right to have their case heard in supreme court o Issue opinions o No appeal o United states court of appeal o Geographic jurisdiction o Cases involve constitutional issues o United states district courts o At least one per state o Primary trial court of the federal system c All judges are nominated by president and serve during time of good behavior once appointed cannot get rid of unless bad behavior o State court structure o Pyramid o Supreme court o Intermediate appellate courts o Trial courts criminalcivil o General Jurisdiction Courts o Limited jurisdiction courts o Power to hear a case is limited by what the law says limited statute o Specialty Courts set up for particular purpose gun courts drug courts truancy courts o Jurisdiction of each defined by law o Criminal Trial Courts o Decide guilt or absence of guilt Don t decide if someone is innocent General Jurisdiction Courts MichiganCircuit Courts Felony cases Limited jurisdiction courts District courts JPmagistrate 90 of all criminal cases Misdemeanorstraffic Preliminary matters in felony cases Civil Actions Determine responsibility or damage Use same courts Assignment of Jurisdiction District Landlordtenant small claims tragiclow civil Probate Everything is civil including delinquency Adoption guardianshipsecretmarriageestates Circuit Lawsuits over certain limitjuveniledomestic Specialty Courts Particular issue Specialized depending on crime Type of legal matter bankruptcy Alleged perpetrator Domestic abusejuvenile Type of crime drug courts Factor associated with crime gun court Results of appeal Affirm or uphold the conviction Vacate or overrule the conviction RemandSend back to the trial court for trial or sentencing Release the defendant Uphold in part remand in part sentencing Courtroom Workgroup Judge Decisions regarding warrants Oversees conduct of courtroom Settles questions of evidence and procedure Guides questioning of witnesses Instructs Jury ifjury Decides case if not jury Imposition of sentence Adjudicatornegotiatoradministrator functions Selection of State Judges State establishes qualifications Educationlaw school Age MinimumMaximum Years of practice Appointment by governor Election Missouri Plan Judges appointed at end of term there is evaluation Kick off bench or let them stay Courtroom Workgroup Prosecuter Will charge be brought What charge What sentence to recommend Chief law enforcement officer local Guide prosecution in court directlyindirectly Four Roles Trial Counsel Legal Advisor Officer of the Court Elected Official Duty of the Prosecutor TO SEE THAT JUSTICE IS DONE No matter what they look like history or if guilty Development of Prosecution Policy WhoWhat to prosecute Sufficient Evidence to go to court Efficiency Move cases through the system Effectiveness Can I win the case Dealing Sentences NolleProsequi Not to prosecute Federal Prosecution Guidelines Prosecution priorities Seriousness of offense Deterrent effect of prosecution Level of culpability Criminal history Willingness to cooperate against others Probable sentence Right to counsel Everyone has the right to counsel Assigned Counsel cannot afford Contract Public Defenders Random assignment Courtroom Workgroup Defense Defendant has absolute right to attorney Representation at all steps of the process PreTrial release Best lowest charge possible Prevent Conviction Best sentence Appeal Attorneyclient privilege Pretrial and Trial 1132011 72000 PM o PreTrial Process o Purpose Ensure due process of law c We will do things in the right way o How we do things not just what were doing o Force Prosecutors and judges to o Review the evidence o Assure probable cause o Filter out badunnecessary cases o Process o Step 1 Arrest o Step 2 Booking o Checking person into jail o Step 3 Arraignment o Specific complaint for what they are arrested for o Step 4 BailDetention o Determination whether or not the person can return to community or have to be kept in jail until further proceedings in court o Bail Money or something of value posted to guarantee appearing at trial 0 Eighth Amendment prohibits excessive bail Judges have wide latitude discretion 0 Preventive detention Held without bail if they pose a potential danger to the community 0 Release on Recognizance Tied with community First offense Judge thinks they will show up to court with or without bail o Step 5 Preliminary hearinggrand jury o Preliminary Hearing 0 Basic showing that just facts not proving anything Crime was committed Reason to believe the accused actually committed the crime o Between pretrial and trial o Motions o Discovery o Plea Bargaining o Brings efficiency to the system 0 Prosecutor has the power Reduce the initial charge Reduce the counts of the charge Sentence recommendation 0 Factors influencing plea bargain Nature of the offense Prior RecordAge Strength of evidence Opinion of the victim o Concerns with plea bargaining Step 6 Trial Innocent plead guilty Heavily influenced by a defendant s lawyer Victims may believe defendant getting less punishment than deserves Tactics Over charge add charges demand trial demand jury trial multiple motions alter schedule o Fifth amendment rights 0 Double jeopardyprotection from repeated trials for the same crime 0 Cannot be punished twice for the same offense 0 Can be tried in different states or federal courts 0 Can be tried for different charge o Legal Issue Plea Bargaining o Hayes is charged with forgery210 year penalty Prosecutor offers Hayes 5 year sentence if he pleads guilty If he does not plead guilty he will be charged as an habitual offender which could result in a life sentence if convicted Hayes refuses convicted and sentenced to life Bordenkircher v Hayes a Court of appeals The threat violates Hayes rights under the double jeopardy clause of the 5th amendment voluntariness a Supreme court Due process rights not violated There is a legitimate interest is convincing defendant to give up the right to pleade not guilty Threatening a stiffer penalty is legal and part of any legitimate system which tolerates and encourages the negotiation of pleas o Ricketts is on trial for murder He agrees to testify against codefendants in order to get a better sentence not death He does they are convicted but their conviction is reversed At the retrial Ricketts refuses to testify saying he fulfilled his part of the deal by testifying Because the agreement said the deal was null and void and the parties would return to the positions they were in before the agreement Ricketts is charged with Murder He appeals the cancelling of the plea deal and loses his appeal in appellate court He now offers to testify The prosecutor rejects his offer to testify He is tried for the murder and sentenced to death He appeals his conviction based on the fact that he kept his part of the bargain which did not include the possibility of a second trial and double jeopardy issue Rickets V Adamson a Supreme court the conviction did not violate double jeopardy because it was Ricketts who breached the plea agreement a The court found rickets understood the meaning of the plea agreement knew the seriousness of his position and his offer to testify after losing on appeal is of no importance since by that time his o Defendant rights second degree murder conviction had been eliminated o The sixth amendmentthe right to counsel and a speedy trial Begins to protect as soon as formal charges are filed Afford several rights a n n n o Trials Right to counsel o All stages of proceedings 0 During preliminary hearings plea bargaining police interrogations and lineups that occur after a defendant has been charged Right to a speedy trial Right to a jury Right to confront and crossexamine witnesses 0 Bench TrialsJudge makes the decision 0 Jury TrialIn front ofjudge Jury makes decision Applies to criminal cases with sentence of 6 months Jury must be impartial Minimum of 6 o The criminal Trial Due processProviding fair and equitable Treatment 1 1 Procedural due process processes and methods used to try people for crimes cannot be arbitrary or unfair Substantive due process the government cannot unfairly deprive people of certain fundamental liberties Burden of proof and standards of proof 1 All criminal cases begin with presumption of innocence Burden of Proof The burden of proving every element of a side s claim Prosecution bears the burden of proving every element of crime a Defense may also have burden of proof for a particular assertion o The stages of the trial Jury Selection n Voir Dire selection of who is going to sit on a jury n Excluding Jurors for Cause o Reason given and approved by Judge o Ability to make fair decision o Unlimited challenges for cause u Excluding Jurors for preemptory challenge o No reason or undisclosed reason o Cannot eliminate jurors on basis of race ethnicity or sex o Limited in number Prosecution opening statement a Outlines Theory of the case a Can take as long or as short as they want Defense opening statement a After prosecutor Prosecutions presentation of evidence a Evidence through direct examination a Defense can cross exam Defense presentation of evidence a Evidence through direct examination a Prosecution can cross exam Rebuttal Witnesses Defense closing statement a First Prosecutor closing statement a Second Judges instructions a Instruction on the Law a Elements of crime a Evidence required for conviction n Burden of Proof required Jury deliberations and voting a Secret n Usually unanimous in criminal cases Verdict n Guilty a Not guilt a No Verdict Hung Jury Step 7 Sentencing Step 8 Appeal o Based on error of law or procedure o Most fail Step 9 Corrections Eighth Amend ment Excessive bail shall not be required nor excessive fines imposed nor cruel and unusual punishments inflicted Sentencing 1132011 72000 PM Context for sentencing Eighth amendment protection against cruel and unusual punishment What is Cruel and Unusual punishment o Sentence disproportionate to offense o Sentence beyond the jurisdiction of the court o Sentence is not authorized by statute o Sentence of conditions of confinement goes beyond what is acceptable to society Habeas Corpus o Protection against illegal detainment Article 1 Section 9 of constitution o You have the body o A written judicial order requiring that a prisoner s case be reviewed in court to determine if the prisoner is being held unconstitutionally Presentence investigation reports o Information supplied to a trial judge for making a sentencing decision normally contains 0 Personal History of the offender State and defendant version of offense Personal data education family psychologicalpsychiatric drug alcohol Victim impact statement usually Sentencing recommendation 0 O O 0 Goals of Sentencing Retribution o Something Deserved o Getting even punishment for itself Deterrence Punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished o General deterrence 0 General Publicstop everyone else o Specific Deterrence 0 Individual stop that one person from violating the law Incapacitation o Take you out of circulation o Imprisonment or death to prevent Recidivism repeating law violations after already being caught once Rehabilitation o Focused on aiding offenders in changing their lives o Correct the offender through vocational andor educational training or therapy Restoration o Repair damage to victim and community o Community involvement o Balanced and Restorative Justice Models of Sentencing Determinate Sentences o Sentences determined by statute o Certain penalty for certain criteria o Automatic release after term minus good time Indeterminate Sentences juvenile courts o Sentence fitted to the offender o Recognizes the offender returns to community o Minimum and maximum o Early release dependent upon behaviorprogress Presumptive Sentencing o A legislature sets minimum presumed sentence o Judge has to justify deviations o Aggravating circumstances 0 Mitigating circumstances o Abolishes discretionary Parole no credit for good behavior or programming Sentence vs Actual Time Factors affecting time served o Parole Boards o Good time o Credited Time served o Jail Overcrowding Truth in sentencing o Substantial portion of sentence served o Budgets o Not enough money to keep big jailsprisons going Sentencing Guidelines o Will tell you how kinds of groups will do but now an individual Capital Punishment o Punishable by execution o Allowed in 36 states for various offenses o 97 of murder convictions not sentence to death o Final and irreversible o Different than any other kind of punishment o Cases o Furman v Georgia 1972 0 Death penalty is administered is unconstitutional o Breaks into house gets caught runs away and falls down gun goes off and kills someone o Felony murder Death that occurs during crime appears to be intentional 0 Procedures were arbitrary and unfair o Invalidated death penalty in 39 states 0 Decided on Equal protection issue o Gregg v Georgia 1976 0 Pick up hitchhiker and murder him 0 Upheld capital punishment laws that required judges to consider aggravating and mitigating circumstance in deciding death penalty Bifurcated proceeding Counteracted the Furman Ruling Sentencing was no longer arbitrary o Atkins v Virginia 0 Execution of Mentally Retarded unconstitutional o Ring v Arizona 2002 o Juries not judges must make factual decisions as to whether convicted murderer is to be executed O O o Rarity authorities other countries inconsistent with standards of decency o Roper v Simmons 2005 o Kidnapped girl out of fast food restaurant just to watch her die 0 Unconstitutional to execute offenders for murder they commit before the age of 18 Overview of Corrections not in text 1132011 72000 PM Defining Corrections Corrections Society s efforts to punish and treat those who break the law and thereby protect the public 0 Programs services and facilities that deal with offenders 0 Institutional Corrections Incarceration in jails and prisons 0 Community Corrections Postincarceration programs including probation and parole What do we want corrections to do o Protect us o Deter Crime o Rehabilitate Offenders And how do we do it Is it possible to put too many people in prison Probation Instead of going to prisonjail not deprived of freedom remain in community but supervised by an agent of the government Jail County facilities under direction of sheriffshort term offenders less than a year Prison people incarcerated for more than a year larger institution But also o Halfway houses Not locked up needs some supervision not ready to go back into community stop between prison and home serve between probation and consideration of prison also Work Release Person incarcerated at night but during the day they can go to work Fines Often in place of any other form of corrections Origins of Corrections Early forms of confinementcorrection Short and Notsosweet Just had to correct behavior fast no systems invented yet direct action confine someone and then punish Plaque towns Send people when they were sickconfined there Criminals got sent there too so that they would get sickness and eventually die 0 Galley Slavery make criminals row until they died 0 Branding O O Lopping off body parts Banishment The workhousebeggars vagrants debtorswork off debt Hulks abandoned ships set as prisons criminals tied up somewhere Stocks Early Jails Penitentiary Purpose was isolation Reflection repentance reform O O O O O O O Penitentiaries Confinement System o Separate living quarters o Limited communication o Solitary Labor Bible Reading Reflection o Usually confined to cells The Cong regate System o Isolated at night o Work in groups congregate together o Rule of silence 0 As the key to discipline The Reformatory Movement o First time changing something o New Ideas in Prisons and Punishment 0 Inmates people can change 0 Parole reward of being reformed If criminal changes put change to use 0 Indeterminate Sentencing o Emphasis on Training skill building So they can go out and do something with their life o ClassificationEvaluation o Look at what people need their situation o Don t assume everyone is the same 0 Age 0 Sex 0 Level of Education 0 Crime they committed o Failure of Reform o Prison violence increased o Prison costs increased o Cycle of reforms to the system 0 Increase in costs and violence lead to RehabilitationCommunity Models the failure of which led to The Crime Control Model the cost and failure of which led to The Community Corrections Model 0 O O The Rehabilitation Model o Improve the conditions that lead to crime 0 Look at where offender comes from family o Rehabilitate individual offenders o Added classifications o Added treatment programs o Medical or Therapeutic Model o Out of favor in the 70 s The Reintegration Model o Extension of Rehabilitation Model o Invest in the community o Avoid Prison if possible but if not 0 Assist transition back to community 0 Job training work release furloughs halfway houses o Still very prominent in corrections The Crime Control Model o Primary goal is to suppress and contain the behavior of criminals through incarceration o Used today in medium maximum and super maximum security prisons o Rejection of concepts of o Indeterminate sentences o Treatment Programs o Discretionary Release Community Corrections o Community Boards Look at community corrections plan o Attempts to meet many goals of corrections 0 Punish Offenders Protect the Community Reduce Crime Save Money Prevent Prison Crowding Offenders Invested in Community 0 O O O 0 How many people in Corrections o Statistics 0 72 Millions people under some form of correctional supervision in 200632 of adult US population 0 More men than women 0 About half for nonviolent crimes 0 Overcrowding has doomed every prison reform effort Or at least made it more difficult Who is behind bars o State Prison Inmates 0 Each of 50 states operates a prison system 0 Very wide variation in number of state prisons and prisoners o NonInstitutional or Community Corrections o Correctional Programs administered in the community include probation and parole Private Prisons o Build it and they will come 0 Privatization is the transfer of government programs and functions to the private sector 0 Growth of privatization in corrections 0 Less expensive 0 Introduction of competition in the public sector Read for October 18 Something Chapter 7 Arrest an exercise of the power to deprive a person of his or her liberty the taking or keeping ofa person in custody by legal authority especially in response to a criminal charge any act that indicates an intention to take the arrestee into custody and that subjects the arrestee to the actual control and will of the person making the arrest when a law enforcer stops you from going on your way Supported by probable cause reasonable grounds for belief of guilt based on the conclusion ofa reasonable prudent person With a Warrant Warrant based on probable cause Without a warrant Witness to crime in progress Probable cause to believe a crime has been committed by a particular person The Fourth Amendment The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons orthings to be seized Protects residents from unreasonable searches and seizures Searches and Seizures Applies only to government agent Reasonable expectation of privacy A seizure peopleproperty not free to leave when officers assert authority Searches can occur with or without warrants lllinois v Gates 1983 A police department in Illinois receives an anonymous letter with stated that Mr Gates and his wife were engaged in selling drugs That the wife would drive their car to Florida on May 3 and the husband would fly down in a few days to drive the car back That the car s trunk would be loaded with drugs and that the Gates had 100k worth of drugs in their basement Found out where they lived and that Mr Gates had a plane ticket to Florida the DEA watched the ight and saw Mr Gates stay overnight in a motel room in Mrs Gates name Gates left the following morning with a woman in a car with an Illinois license plate that had been issued to the husband Gates headed north on an interstate highway used by travelers in the area in which the couple lived A search warrant for the Gates home and auto was obtained based on an of cer s af davit setting forth these facts and that anonymous tip When the Gates arrived at their home the police were waiting and discovered marijuana and other contraband in their car trunk and home Was this a legal Search and Seizure Why or why not The trial court ordered suppression of all the items seized and the Illinois Appellate Court con rmed The Illinois Supreme Court also af rmed the decision holding that the letter and affidavit were inadequate to sustain a determination of probable cause to issue a search warrant The US Supreme Court disagrees A twoprong test veracity and reliability veracitytruth of it reliabilitycan we depend on it That the informant with a basis of knowledge should be used in a common sense context Totality of Circumstances Searches with a warrant Reasonableness Probable Cause Ordinarily the gov must obtain a warrant before its agents can conduct a search or seizure A reasonable person could conclude there is a likelihood a crime has been committed Searches without warrant Reasonable suspicion a reasonable of cer could believe that a person had been is or is about to be engaged in criminal activity Considering the totality of circumstances Presumed to be lllegal Plain View Searches Use of senses quotOpen Fields Doctrine Minnesota v Dickerson Plain Feel Doctrine While conducting a patdown search of a suspects outer clothing items in pockets or clothing may be seized as evidence if they are immediately identifiable by touch as weapons or contraband Incident to an arrest Safety concern for of cers Special needs Justi es searching individuals in specific context Airports schools stadiums Border crossing general safety at public events Stop and Frisk Terry Stop a brief interference with a person s freedom justified by reasonable suspicion Automobile Searches Probable Causes Officer can ask people to vacate car and can frisk driver ifthere is suspicion of weapon bulge in coat Abandoned Property Exigent Circumstances Urgent situation no time to get a warrant Hot pursuit imminent danger Consent To claim your rights you must assert them The Fourth Amendment The exclusionary rule Evidence obtained in violation of an individual s Fourth Amendment rights cannot be used against that individual in a criminal trial Exclusionary rule is strict lllegally seized evidence is excluded even if it is the only evidence 1018 exclusionary rule any evidence obtained illegally cannot be used exceptions Good faith exception ifthe police officer is acting in good faith if the of cer has reason to think that they are acting legally someone acting outside of the police force who illegally obtained evidence that evidence can still be used inevitable discoveryyes they got the information illegally but they would have got it legally anyway ex dead bodys position is told to the police by a suspect that information can be used if that place was being searched anyways because they would have found the body eventually Silver platterif one police agency finds evidence of wrongdoing and cannot use it against a person so they give that to another police agency to use against the person that cannot be done that is known as the silver platter 5th Amendmentno person shall be held to answer in a capital or other infamous crime unless under presentment or inditement of a grand jury Unless in the armymilitia Protection of our person and our property self incrimination we cannot be forced to be act against our own self interest people have the absolute right to an attorney people do however have the right to represent themselves without an attorney Miranda arrested in his home and lDed by the witness he was not told of his rights 2 hours later the police came out ofthe interrogation room with a written confession The confession included the a signed statement saying that he understood that anything he said could be used against him Saying that he knowingly waived his rights people MUST knowingly waive their rights This meant that he knew that this confession was to be used against him and that he was waiving his rights 2 weeks later he went to preliminary hearing without a lawyer At the next meeting of the court he did have a lawyer who objected to them using Miranda s signed confession which was overruled He was sentenced to 20 years in jail The Supreme Court overruled that decision he had to be retried he was still found guilty but this time he had a lawyer and was identified ofhis rights Right after him getting out of prison Miranda gets in a bar ght and is killed the man who killed him invokes his Miranda rights and is not prosecuted anyone who is a suspect in a case must be advised oftheir Miranda rights when the police want to question them you have the right to remain silent if you do choose to speak anything that you say can and will be used against you in a court of law you have the right ofthe attorney If you cannot afford an attorney the state will provide one for you Jurors should be people that live in the same jurisdiction of where the person is being tried all we are entitled to an impartial jury all jurors must be informed of the charges ofthe defendant any witnesses that are speaking against you you have the right to question them if you have any witnesses that are there to speak on the defendant s behalf the defendant has the right to compel those people to come to court and speak for them Most trials are public many criminal trials can now be broadcast on TV Abuse of Force using more force than is necessary than to complete the legitimate goal ofthe police of cer ex traffic stop does not require that much force Police are trained to take certain steps to protect the suspect themselves the police of cer handcuffs someone for their own protection so that the suspect does not get hurt and the police officer does not have to use too much force poice have to convince their boss bosses boss etc that their use of force was needed and warranted deadly forcewhen a police of cer has the right to actually kill someone they are trying to arrest lfa police of cerprobation officer is given a gun they have to be able to be willing to kill someone if it becomes necessary Two prongs dangerousnessprobable cause that a person has committed a crime of physical infliction of threat of it orthat the police is in danger necessityis there a less intrusive option available ex night stick pepper spray deadly force is controlled by training setting policies for using deadly force narrow their discretion provide better means for police officers to get help people are must more likely to fight one officer than 23 etc ovenNhelming them protective gear can go two ways either protecting officers better so that they feel safer makes them not feel like they need to use force or can cause them to take more risks and use more deadly force than they othenNise would Tennessee vs Garner burgary the suspect was running away police said stop or ill shootquot the suspect kept running and he was shot to death poice cannot shoot an offender who is not dangerous or who is not armed then you cannot use deadly force to prevent them from fleeing or leaving Grahamn vs Conner grahamn is diabetic needs orange juice runs in the store looking for orange juice and the line is too long so he decides to go down the block to a friendsto get his orange juice Conner sees what is going on and pulls the car over Grahamn tells the officer about what is happening with his diabetes he does not believe him and checks out the store before letting Grahamn go Supreme Court said that Conner was not acting appropriately objective reasonableness standardif you take a purely objective look at a case and you dont see anything of reasonable suspicion then you cannot do it 1025 Civil Actions Determine responsibility or damage Use same courts Assignment of Jurisdiction District Landlordtenant small claims traffic low civil Probate Everything is civil including delinquency AdoptionGuardianshipSecret MarriageEstates Circuit Lawsuits over certain limitjuveniledomestic Specialty Courts Particular lssue Specialized depending on criteria type of legal matter Bankruptcy Alleged Perpetrator Domestic abuseJuvenile Type of crime drug courts Factor associated with crime gun court Results of Appeal Af rm or uphold the conviction Vacate or overrule the conviction remand send back to the trial court for trial or sentencing Release the defendant Uphold in part remand in part sentencing Courtroom Workgroup Judge Decisions regarding warrants Oversees conduct of courtroom Settles questions of evidence amp procedure Guides questioning of witnesses lnstructsjury ifjury Decides case is not jury mposition of sentence AdjudicatorNegotiatorAdministrator functions Selection of State Judges State establishes quali cations Education law school Age minimummaximum usually judge cannot run for election once they reach the age of 70 Years of practice How to get to be judge Appointment by governor Election Missouri Plan leaving it up the the electorate to choose the judges it causes a lot of ignorant decisions Gives judges a chance to show how good ofjob they can do then after a period of time ifthey aren t doing the best job they can be removed Courtroom Workgroup Prosecutor Will charge be brought What charge What sentence to recommend to the judge Chief Law Enforcement Officer local oftheirjurisdiction Guide prosecution in court directlyindirectly Four Roles Tria Counsel Legal Advisor Officer of the Court Elected Of cial Duty of the Prosecutor To see the justice is done Development of Prosecution Policy WhoWhat to prosecute Sufficient Evidence to go to court Ef ciency move cases through the system Effectiveness Can I win the case Dealing Sentences Nolle Prosequi the decision not to prosecute Federal Prosecution Guidelines Prosecution priorities eX a case with an issue of homeland security will have more importance than a case of forgery Seriousness of offense Deterrent effect of prosecution Level of culpability Crimina history Willingness to cooperate against others getting people to tell information about who they work for etc offering deals to people to get information on larger offenders Probable sentence if the court doesn t feel that the person brought into court is going to a get a stiff enough sentence they will choose not to take the case all decisions on which cases to take are because oftime constraints and wanting to make the best decisions on which cases to take based on their importance Right to Counsel quotIn all prosecutions the accused shall enjoy the right to have the assistance of counsel for his defense 6th amendment Assigned Counsel Contract Firms will often bid on contracts with the courts taking a certain number of cases for a certain pay per case Public Defenders random assignment Courtroom Workgroup Defense Defendant has absolute right to attorney Representation at all steps of the process Pretria release Best lowest charge possible Prevent conviction Best sentence Appea Attorneyclient privilege aows the client to tell the attorney anything about the case even if it s incriminating if it will allow the attorney to better defend them in court 1027 Chapter 9 Pre Trial Process Purpose Ensure due process of law Force Prosecutors and judges to Review the evidence Assure probably cause Filter out badunnecessary cases Process Step 1 Arrest Step 2 Booking Step 3 Arraignment Step 4 BailDetention returned back in the community or remain in jail Step 5 Preliminary hearinggrand jury Step 6 Trial Step 7 Sentencing Step 8 Appeal Step 9 Corrections Bail Bail or something of value posted to guarantee appearing at trial Eighth Amendment prohibits excessive bail Judges have wide latitude discretion over bail Preventive detention held without bail if they pose a potential danger to the community Release and Recognizance Preliminary Hearing Basic Showing that Crime was committed reason to believe the accused actually committed the crime Interval between Pretrial and Trial Motions Discovery Plea Bargaining Plea Bargaining Why have plea bargaining Brings ef ciency to the system Prosecutor has the power Reduce the initial charge Reduce the counts ofthe charge Sentence recommendation Factors influencing plea bargain Nature of the offense Strength of evidence Prior recordage opinion of the victim Concerns with plea bargaining nnocent plead guilty Heavily influenced by a defendant s lawyer Victims may believe defendant getting less punishment than deserves Tactics Over charge add charges demand trial demand jury trial multiple motions alter schedule Trials 5th Amendment Rights Double Jeopardy Protection from Repeated Trials for the same crime Cannot be punished twice for same offense Can be tried in different states or Federal Courts Can be tried for different charge 113 skin chapter 12 for exam Context for sentencing 8th amendment protection against cruel and unusual punishment What is cruel and unusual punishment Sentence disproportionate to offense you don t use a baseball bat to swat a fly Sentence beyond the jurisdiction ofthe court Sentence is not authorized by statute Sentence or conditions of confinement goes beyond what is acceptable to society Habeas Corpus Protection against Illegal Detainment Article 1 Section 9 of the Constitution you have the body a written judicial order requiring that a prisoner s case be reviewed in court to determine if the prisoner is being held unconstitutionally substantial and injurious effect or in uence in determining the jury s verdict Presentence Investigation reports nformation supplied to a trial judge for making a sentencing decision normally contains Persona history ofthe offender State and defendant version of offense Personal Data Education family psychologicalpsychiatric drug alcohol Victim impact statement usually Sentencing recommendation reports are standardized by the state so when people go to look for certain information on a felon they know where to find the correct information Goals of Sentencing Retribution wanting to pay someone back give them what they deserve something deserved getting even punishment for itself Deterrence punishment meant to serve as a lesson that such behavior will not be tolerated and that those actions will be punished General Deterrence punish someone so that people would see that would happen to them ifthey committed a similar offense and were caught Specific Deterrence to prevent the person who is being punished from breaking the law again Theory that there will always be some residual deterrence for any form of punishment lncapacitation wanting to take people out of circulation mprisonment or death to prevent Recidivism repeating law violations after having first been caught Rehabilitation wanting people to change their lives focused on aiding offenders in changing their lives correct the offender through vocational andor educational training or therapy for people who don t have the skills to get a job ifthe criminal justice system can give them those skills they will be less likely to commit crime again Restoration restore the offender to the community Repair damage to victim and community Community involvement Balanced and Restorative Justice Models of Sentencing Determine Sentences Sentence determined by statute Certain penalty for certain criteria Automatic release after term minus good time ndeterminate Sentences Sentence fitted to the offender Recognizes the offender returns to community Minimum and maximum sentences Early release dependent upon behaviorprogress Presumptive Sentencing A legislature sets minimum presumed sentence Judge has to justify deviations Aggravating circumstances makes offense more serious judge can make the sentence longerthan the presumed sentence Mitigating circumstances makes offense not as serious as thought judge can make a less severe sentence Abolishes discretionary parole Sentence vs Actual Time Factors affecting time served Parole Boards Good Time if some jurisdictions need to get more people out of prisons because of overcrowding they will change the ratio for getting good time Credit for time served subtract the time the person has been waiting in jail for their trial from their sentence Jai Overcrowding Truth in Sentencing substantial portion of sentence served Budgets don t have enough money to keep the prisons running Capital Punishment A capital crime is an offense punishable by execution Allowed in 36 states for various offenses 97 of murder convictions not sentence to death Final and irreversible Therefore different Capital Punishment Cases Furman v Georgia 1972 Death penalty as administered is unconstitutional Procedures were arbitrary and unfair nvaidated death penalty in 39 states Decided on equal protection issue Gregg v Georgia 1976 Upheld capital punishment laws that required judges to consider aggravating and mitigating circumstance in deciding death penalty Bifurcated proceeding one proceeding to determine whether the person is guilty or not and another to determine the penalty Counteracted the Furman ruling Sentencing was no longer arbitrary Atkins v Virginia Execution of Mentally Retarded unconstitutional Ring v Arizona 2002 Juries not judges must make factual decisions as to whether convicted murderer is to be executed Rarity authorities other countries inconsistent with standards of decency Roper v Simmons 2005 Unconstituiona to execute an offender for a murder before the age of 18 maxwel22msuedu 5pm 555 Baker Hall CHAPTER 12 not on EXAM Chapter 11 Overview of Corrections Corrections society s efforts to punish and treat those who break the law and thereby protect the public Programs services and facilities that deal with offenders nstitutiona corrections incarceration in jails and prisons Community corrections postincarceration programs including probation and parole De ning Corrections What do we want corrections to do Protect us Deter crime Rehabilitate Offenders And how do we do it Is it possible to put too many people in prison Probation term of supervision that is provided to offenders in leu of prison supervised by an agent of the government Jai county facilities under the direction of a sheriff Short term offenders usually incarcerated for less than a year Prison arger than jails for offenders serving sentences for longer than a year But also Hafway Houses served as a point between prison and the normal society Not needing all the security of prison but also not ready to go home yet get a job but come back at night supervision sometimes are found as an alternative to prison for people who are not ready for probation Work release can goto work during the day but must be back after work not as much rehabilitation and therapy as halfway houses Fines payment for crime Origins of Corrections Early forms of con nementcorrection short and notsosweet plague townsquot send criminals to other towns where people are sick and con ned galley slavery row until you die branding Lopping off body parts Banishment not allowed to be apart of the community losing the protection of family and the areatown they previously lived in Workhouse beggars vagrants debtors Hulks abandoned ships set as prisons Stocks Early Jails Penitentiary Purpose was isolation Re ection repentance reform Penitentiaries Con nement System Separate living quarters limited communication Soitary labor bible reading reflection usually con ned to cells The Congregate System soated at night Work in groups congregate together Rule of Silence AS the key to discipline people were put together to work but were not permitted to speak to one another The Reformatory Movement New Ideas in Prisons and Punishment Parole reward for being reformed ndeterminate Sentencing Emphasis on training skill building Classi cationEvaluation Failure of Reform Prison violence increased Prison costs increased Cycle of reforms to the system ncrease in cost and violence lead to RehabilitationCommunity models the failure of which led to The Crime Control Model the cost and failure of which led to The Community Corrections Model Rehabilitation Model lmprove conditions that lead to crime Rehabilitate individual offenders Added classifications Added treatment programs Medical or Therapeutic Model Out of favor in the 70 s Reintegration Model Extension of Rehabilitation Model nvest in the community Avoid prison if possible but if not Assist transition back to community Job training work release furloughs halfway houses Still very prominent in corrections Crime Control Model The Crime Control Model Primary goal is to suppress and contain the behavior of criminals through incarceration Used today in medium maximum and supermaximum security prisons Supermax forthe longest term criminals that are the most dangerous who not only prey on the public but will also prey on other inmates in prison Rejection of concepts of ndeterminate sentences Treatment programs Discretionary release Community Corrections Community Boards ooks at that communities community corrections plan 10 15 years old plan Board is made up ofa number of members of the community mental health drug programs police courts citizens victims etc Attempts to meet many goals of corrections Punish offenders Protect the community Reduce crime Save money Prevent prison crowding Offenders invested in community How many people in corrections thalham1 msuedu Office 418 Baker Office hours tuesthurs by appointment Procedures of CJ Forensic Science Basic Understanding of CJ Judicial System Careers Current Events Forensic Psychology Criminal Responsibility How people manipulate the judicial system Make sense of local ordinances 10 High Profile Court Cases 11 How many buys law 12 Rights of Police officers 13 Operation of correctional facilities 14 Variation between Jurisdictions 15 Effects of 911 090 O V39P 9 N Course Description The description and analysis of agencies and processes involved in administration ofjustice in the US Casey AnthonyLindsey Borton Looking at things as objectively as you can without emotion within the criminal justice system to makeprove things without a shadow of a doubt News give skewed views of cases because we do not have all the information The Rulesthat bind Norms and Laws Every society has its own set of norms how you are supposed to act in certain situations some norms are appropriate in some situations but not in others Society sets norms Deviance is breaking away from the norms Deviance is different in each society deas about what deviance is change over time what is wrong in one period of time may be not considered wrong later Socia norms specify how people are expected to behave informal social norms norms set by familynot written down not of cial it is what is judged to be appropriate or inappropriate forma social norms are legal norms something that is stated to be prohibited What is Criminal A person who has committed a crime noun Relating to a crime adjective An act that is deplorable informal What is Crime An act or omission that constitutes an offense that may be prosecuted by the state and is punishable by law Crime can be doing something against the law or not doing something that you are required to do by law Can behavior be inherently wrong Mala in se crimes crimes that are simply acts that are wrong stealing rape murder No behavior is criminal until a society makes it so and societies differ in their definitions of crime public policy Crimes prohibited by Law Mala prohibita crimes drug use J walking smoking cigarettes Mala prohibita crimes reflect public policy at that given time The Consensus Perspective everyone can agree that certain things are against the law true consensus is when every single person agrees on something usually applies to obvious offenses The Conflict Perspective when there are more than one opinion but only one opinion is expressed ex democrats making a law that republicans don t agree with Is it constitutional to execute an quotactually innocent person convicted for murder Davis was turned in by another man who was at the scene of the crime when the murder happened and the police only chose to investigate Davis and threw out all other evidence Davis claimed to be actually innocent 7 of 9 witnesses recanted what they said about seeing Davis shoot the police officer One of the 9 was Mr Cole who had told others he had killed the police officer The nal witness originally said that he could not ID the shooter ofthe police officer but then came back and said that he had actually seen Davis shoot the police officer Davis appealed his arrest and lost Things that can overrule conviction 8th Amendment Protects against cruel and unusual punishment in this case they say it is cruel to execute a clearly innocent person for an offense that they did not commit Contrary to social consensus the public does not want to execute someone who has not actually committed a crime Does not serve goal of criminal justice Executing an innocent person does not deter any crime because it does not make innocent people feel there is any point in not committing crimes and does not scare those who commit crimes into not committing them Untainted trial Scalia supreme courtjustice Brings up the point that the man had a fair trial there was no error that occurred during trial The claim that Davis made during the trial as well as during the appeal was an old claim and only the defendants own opinion or claim and not proven to be an actual fact The law does not permit requested relief The court cannot let Davis go just because he says that he is innocent What is Justice quotIt just ain t fairquot justice and fairness do not always come hand and hand Reasonableness is in the eye of the beholder Justice Deserved or appropriate treatment based on the circumstances Define Crlm Create agencies to investigate prosecute and punish criminals Police officers courts mental health institutes psychologists social workers Make laws to operate the agencies of investigation prosecution and punishment Allocate resources to address crime Institutions of government enact laws to e The consequences of crime Sanctionsare consequences intended to deter or discourage people from breaking the law Sanction must be strong enough to prevent most people from committing most crimes Sanctions can be formal or informal formal when dealing with the law informal could be the disapproval from a person or group of people who s opinion we care about ex the single thing that prevents females from engaging in illegal activities is getting married lmpact of Crime on Victims Usually criminals and their victims are of the same Race Age range Neighborhood Socioeconomic status Gender with the exception of rape Victimized 1425 Black females white females black males white males Young people are the least concerned about crime yet are the most victimized Older people are more afraid of crime but are the least victimized Victims have gained more access to the system in recent years Victims take alot of time make alot of demands of the system the demands in the past have been thought to take away from what the police are supposed to be doing Courts did not want to spend to much time with the victims because then they seem to be taking a side in the case BUT things have changed now and victims rights are an integral part of the justice system Components of the US Justice System 1 law enforcement 2 courts 3 correction Victim services once separate are now slowly being integrated into the three main branches of the criminal justice system Law Enforcement The most familiar part of the criminal justice system Range of issues for police Educationa settings and communitybased initiativespolice are required to get more and more involved in the community ex DARE Judicial System A dual court system federal courts amp state courts Levels of Courts Federa system has District courts similar to state trial courts Appellate or circuit courts for appeals Circuit courts used to ride around and hear cases in different jurisdictions The Supreme Court Pieces and steps in the Judicial process Prosecutor first decides whether to prosecute a case Grand jury decides if a case should go to trial Grand juries are not often used in trials in Michigan and in many other states Defense attorneys protect the legal rights of the defendant Do anything under the law and within their ethics to defend a person for a crime rich lawyers Judges ensure the rules of evidence and law are not violated and provide the jury with instructions for rendering a verdict Judges like mediators are supposed to be impartial to the case If they are not they can be replaced or step down from the situation in order to preserve justice Corrections Corrections is the systematic organized effort by society to sanction offenders protect the public and change an offender s behavior Once convicted an offender may serve out a prison sentence or may be given An alternative sentence Community service fines etc Probation INSTEAD of going to prison Judge orders that the person will remain in the community and report to a probation officer Parole Release early from prison on parole under supervision Victim Services Began in 1970 s as a formal part of the system Victim services have become a formal part of the criminal justice system including Shelters and transitional housing Counseling services 24hour hotlines Some services focus on legal needs of the victim Victim advocates may be appointed to assist the victim with every aspect of the post victimization period Victim advocates work in nonprofit organizations and in all sectors of the criminal justice system How Criminal Justice Works The Realities The criminal justice system does not have the capacity to take every case to trial Filtering and compromise filtering is the process of choosing which offenses are heard in court minor offenses not always need to be heard compromiseagreements to attend counseling or classes etc instead of being prosecuted Layer 1 Celebrated cases Layer 2 The serious felonies Layer 3 The lesser felonies Layer 4 The misdemeanors Minor offenses make up 90 of reported crimes Serial Killer Gary Ridgway Killed 40 woman Pled Guilty Killed Prostitutes saying that no one would really care if they were gone Police made a deal with Gary Ridgway that they would not give him the death penalty if he told them where the women were The Crime Control Model A criminal justice value system that emphasizes the efficient arrest and speed in processing alleged criminal offenders arrest every crime Uniformity and lnformality do not treat people differently because of their age or any other conditions People with psychological problems but not are legally insane will be treated the same as anyone else for committing the same crimes The most important function of criminal justice The importance of finality Reflection of public policy Due Process Model An emphasis on individual rights Ensure fair and reliable decisions no plea bargaining Based on the law not speed or efficiency but effectiveness After formal proceedings want trials for everything everything must be proven Freedom is so valued that guilty should go free rather than incarcerating innocent Peak in the 1960 s Fear of Crime s perception reality Misperceptions about people and situations quotdifferent strokes for different folksquot different reactions to different situations Does fear make sense Media Coverage nfates public fear of crime mora panic being unreasonably fearful for the acts of other people Most criminal behaviors are not crimes against individuals and are nonconfrontational Focuses on violent crime Television Movies More Influences Politics nterest groups Politics affects the criminal justice system in many ways including Behavior of law enforcement Money The priorities that local justice agencies establish Discrimination Disproportionate Impact Targeting groups ex teenagers at the mall cannot be more than 2 teens at the mall without a parent because they do not want teens at the mall Discriminatory laws laws targeting one group are not allowed anymore Global Challenges The freeing of markets ease of transportation and the Internet have allowed crime to go global Bioviolence Fighting cybercrime and terrorism vs rights to privacy Domestic Challenges The growing prison population High numbers of mentally ill in the prison DNA analysis aids in confidence of conviction and also in freeing those wrongfully convicted Lack of DNA may be freeing people who would otherwise be convicted Chapter 2 Types of Crime Larry Craig sex scandal in airport bathroom pled guilty and then tried to change his plea to innocent Is there such thing as a victimless crime yes Measuring Crime Uniform Crime Report UCR Began in the 1920s FB initiative Part 1 offenses Homicide Forcible Rape Criminal Sexual Conduct In Michigan there is no forcible rape it is broken down into 4 levels ex If you urinate in public you can become a registered sex offender assaultive type of crime Robbery Aggravated Assault assault using a weapon Burglary LarcenyTheft Auto Theft Arson Part II offenses 21 other offenses these are not the only crimes that can be committed these are simply the federal designations for counting crimes using UCRs 12 breakingandenterings could be counted as either as 1 or as 12 crimes because they were caught at the same time or because there were 12 crimes Armed robbery where a car was stolen after it may only be counted as 1 count of crime because of the armed robbery with the stolen car as simply something that was apart of it or the two crimes can be counted separately UCRs are difficult because they count crimes and not criminals so therefore different jurisdictions count crimes in different ways so they are not always accurate UCR is the gold standard of this time the best way to count crime Nationa IncidentBased Reporting system Aim is to enhance UCR More detailed information about crimes Low participation lt40 of agencies participate Cons too much money to pay staff to collect all the information about all the crimes Too much labor needed so it isn t as accurate National Crime Victimization Survey NCVS Attempt to get a more accurate picture of crime lnterview both victims and nonvictims usually those who know those who have been victim of crime Tries to address reported and nonreported crime the only crime that is reported every time is bank robbery Focuses mainly on victims and their victimizations mpication is that many crimes are not measured under UCR Group of unreported and unrecorded crimes in the dark figure of crime NCVS also helps understanding of secondary victimization in which a victim is victimized again by the judgement of police the courts or friends Offenses covered Rape Robbery Assault Burglary Larceny Motor Vehicle Theft What did they leave out and why the victim of a murder is dead so they cannot really contribute their information to the survey Selfreport data May give info about offenders who were not caught Anonymity protections of reporting allows offenders to reveal undiscovered incidents of crime or to brag about nonexistent ones Visible Crime quotStreet Crimequot or Ordinary Crimequot We get most upset about this crime Three types 1Violent crimes against persons 2 3 Crimes against persons are attacks or threats of an attack on a person s body Both NCVS and UCR data shows general rise until a peak in the early 1990s then decline Crimes against persons constitute relatively small proportion of all crime but have the most potential in causing harm to individuals Age and sex are important determinants of rate and type of victimization Roughly 60 percent of violent crime victims are male rates of male victimization since 1993 have decline faster than the female rate of victimization Homicide Unjustified killing of another person Firstdegree murder offender must have purposely killed his victim and must have planned to do so in advance Malice Aforethoughtquot Manslaughter a killing in which the offender is less blameworthy Vountary Heat of passionquot provocation nvountary Carelessness Negligent Homicidequot car accident from running a stop sign Assault and Battery Assault and battery is a harmful or offensive physical attack by one person upon another putting someone in reasonable fear of being harmed can be considered assaultbattery is the actual act of harming someone Sexual Violence Sexual victimization means forced or coerced sexual intimacyquot Trickery Victims are likely to know their assailant the reason why so few of them are reported One of the least reported crimes The closer the relationship between the victim and the offender the less likely the crime is to be reported Robbe Use or threat of force in taking someone s goods Assault and Battery two elements Assault Battery Property Crimes include that taking of money or goods without the use of force about 75 of crimes consist of property crime More common in more populated areas thats where most of the property seems to be People over 65 experience more property crimes than any other age groups Burglary entering another s property with the intent to commit a felony Larceny completedattempted taking of cash or property from a location without attacking or threatening victim and without obtaining permission What if there is a threat of attack Usually less serious Disturbing peace Obscene language Public drunkenness not illegal in our state Public order crimes are believed to be harmful to society in general or to the person who commits the crime WhiteCollar Crime Committed in the context of a legal business Probably more costly than street crime About onethird are prosecuted Political Crimes violent and nonviolent acts that society perceives as threats to a government s survival Treason espionage Terrorism premeditated violence against unarmed victims Immigration Offenses Most offenses in 2000 included entering the United States illegally Organized Crime is an ongoing criminal conspiracy that exists to profit from providing illicit goods and services Primariy gambling prostitution auto theft and drug trafficking Gives us what we want but can t get legally More transnational Fall of Soviet Union nternet Victimless Crime Is there such a thing Prostitution Gambling Drug offenses Pandering Or are these issues of public policy Chapter 3 Causes of Crime Why Theory helps us try to understand why people commit crimes Affects how Laws will be enforced Affects how Guilt Affects how punishment Early Schools of Thought Classical The Classical School Life is made of choices Crimina Behavior is a rational decision CostBenefit analysis Fear of punishment works for most people mpications System must be predictable Swift certain and severe punishment Biological Factors Pt 2 According to Lombroso Criminals are different from us Phrenology Craniology Atavism Primitive Traits Heredity alcoholism epilepsy or syphilis Implication The goal is incapacitation since crime is not a choice Willy Sutton Body Type Theory Sheldon Mesomorphs Muscular Ectomorphs Skinny Endomorphs In between the two Sheldon thought that those who were Mesomorphs were more likely to use physical force to get what they want Mesomorphs assume leadership easier changes over time Ectomorphs cannot use power or intimidation to get what they want so instead they use their minds and their intelligence to get what they want Endomorphs make good supervisors They are very good at getting things done through other people Implication More to determine character of a person who commits crime than preventive implications Psychological Factors Focus on Mental Conditions brain damage Personality disturbances schizophrenia Limited Intellect Implication People with personality disorders and mental illness should receive treatment rather than punishment Sociology is the study of human beings within their social environments and includes looking carefully at how people behave and interact in societies Social Learning theory Socia Learning theory suggests deviant behavior is learned by interaction with others differentia association theory suggests that criminal behavior is learned during normal social interactions which also reinforce criminal and lawabiding behavior Family members and peers are major influences How a person behaves is also influenced by his experiences with the behavior of others The socialization of every individual involves internalizing the rules for appropriate behavior When Adversity Leads to Crimes Strain Factors Strain Theory proposes that certain pressures make a person more likely to commit crime Strain factors can come from a variety of sources Feelings of alienation hopelessness isolated disillusioned frustrated anomie nabiity to achieve ones life goals The Life Course Delinquency Perspective Many criminal careers begin with youth crime but can change with turning pointsquot Social Control Theory Close associations with important institutions control behavior we do not want to disappoint or embarrass those that we care about weakened associations reduce control Labeling Theory Low expectations leads to low performance leads to reinforcing low expectations Social Conflict Theory Conflict between the quot39 ful and the p p less Conflict leads to frustration Frustration leads to more conflict Status Theory Search for status will propel out behavior Middle Class values predominate People adjust to those values NeoClassical Criminology Greater use of incarceration Sentencing reform Criticism of rehabilitation quotget toughquot 80s The Classical theorists are right except THERE ARE INDIVIDUAL DIFFERENCES There is some truth in all theories The ultimate test of any theory is it s predictability factor Most theories focus on visible crime and the poor Most theories deal with male perpertrators Can there be a verifiable theory that merges the differing ideas about the causes of crime quotSome insight into the causation of delinquency and crime can be obtained from almost any approach that bears a reasonable relationship to the nature of the problemquot Sheldon and Eleanor Gluck Low school achievement is the only positive correlation with violent crime Chapter 4 Crimepunishmentdeterrent examples of less Ancient laws Death penalty for treason rebellion murder witchcraft arson sodomy male rape bestiality adultry Then Idolatry blasphemy manslaughter killing with guile perjury to take a life manstealing cursing a natural parent smiting a natural parent defiance by a son fornication with female lt10 burglary 3rd offense robbery 3rd offense profanity on the sabbath What is Lam Rule of Law The government can punish people only when there are written laws created by established procedures prohibiting specific activities laws prohibiting behaviors ratherthan telling which behaviors to participate in are better laws No government official no matter how powerful is above the law not saying that there is no corruption or covering up of crime at higher levels but that everyone is ruled by the laws no matter their position The US justice system relies on the rule of law Purpose and function of the law Criminal law serves a number of functions Protect people and property from harm Provide clear standards of behavior To limit the governments power to penalize people unfairly or arbitrarily Regulate and sometimes maintain social order serve a symbolic function sending a message that a society disapproves of particular acts History of Criminal laws Unwritten social norms written norms Hammurabi s code Ancient Greeks and the Romans relied heavily on written laws Common Law developed in England Judges would ride on a circuit through England Royal Judges carried with them a consistent set of rules common practice of lawin England Common law relies on precedent Foundation of US Law today Federal courtcircuit courts if smaller courts could not rely on precedent set by the Supreme court they would be almost guessing in their decisions and similar cases would be decided differently at the trial court level Modern sources of law in the US Statutes substantive law Felonies are crimes that are punishable by a year or more in prison Misdemeanors are less severe crimes punishable by sentences of less that one year in jail Ordinances punishable by 90 days or less in jail usually and more likely fines fines will also occur along with felonies and misdemeanors Procedural law How agencies are supposed to operate apply a lot to courts tell courts how to operate rules are usually longer than the statutes are Case Law when an appellate court at any level changes the precedent of the decision on similar cases in that area Civil and Criminal Laws Civi law governs relationships between individuals The party who initiates the lawsuit is the plaintiff The other party is the defendant Criminal Law Criminal law operates under the assumption that societyrather than an individualhas been injured by the defendant s actions Only government initiates criminal cases Only criminals can lose freedom More legal protections in criminal case Guilt vs Liability Size of Jury usually Criminal cases are usually 12 civil are 6 njured party has more control of case in civil matters Standard proof is different beyond a reasonable doubt in criminal cases preponderance of evidence in civil courts Corpus delictiproofthat crime has been committed actagent The state must prove that a crime has been committed The prosecutor must show thatthe defendants criminal action was the product of his criminal intent and that this intended action caused harm to the victim or failure to act Principles of criminal lawelements of a crime legaityvictim must prove crime has been committed actus reasthe guilty act causationdid this act cause harm harmthere has to be harm to an individual or a group concurrencethe connection between the intent and the act meaning to do what you did mens rea the guilty mind punishment for the crime youngest person ever tried as an adult in Michigan was a 9 year old Children ages 711 are determined to have less responsibility fortheir actions the responsibility lies with the parents Ages 1217 can be considered to have criminal intent with their actions and can be tried as an adult in some cases lnchoate Offenses A crime in which the person has mens rea and takes steps to commit the actus reus but is unable to complete the offense May still face criminal liability Attempt is a common inchoate crime Criminal DefensesMitigationJustification Entrapment cannot be convicted of the crime because the police urges them to do it Self Defense One of the most common defenses during an assault Necessity ex wife is pregnant so you are speeding to the hospital Duress Being forced to commit a crime lmmaturity Not so much since the 1990 s Mistake exdrove a stolen car accepted the stolen car for repayment of a debt but didn t know that the car was stolen Intoxication If by a trick or mistake ie wrong medication Insanity A legal defense to determine if a person s state of mental balance negates criminal responsibility M Naghten Rule most commonly used rule in the US Tried to kill Robert Peal but instead of killing him he killed someone else Defendants must have a mental state the rendered them unable to know what they were doing or if they did know what they were doing that it was wrong to avoid punishments for a crime they committed The American Law Institute ALI Rule quotSubstantial Capacityquot clause People severely affected by mental illness but able to understand what they were doing when they committed the crime to a limited extent Irresistible lmpulse The Durham Rule Mental disease at the time of the crime Used for curable mental disease Definitions of Insanity Currently most states use the M Naghten Rule or a variation Four states no longer provide a court definition of insanity Weakening of the defense ssue with itcriticism people are found not guilty forthe reason of insanity and then would be committed to a mental facility as punishment and then could leave the facility once a doctor said they were no longer mentally ill Therefore there is no punishment for people s actions which is why the Durham rule is not used as often anymore because people could be considered mentally ill only at the time of the crime and not in the long run Guilty but mentally ill GBMI intended as a compromise between acquitting a mentally disordered defendant as NGRI and finding that defendant guilty Grants the convicted the right to psychiatric treatment during incarceration And then put on trial If the jury orjudge at this point in time finds that the person is still mentally ill they will go to a mental hospital until they are better and can then be sentenced or put on trial if they have not yet been put on trial Other defenses nfancyprotects younger children sometimes protects very young offenders from criminal liability the younger the child the less responsible the criminal justice system is to make them for their actions The consent defense the people agreed to fight mutua combat Chapter 5 Its not easy being blue police officer Stress External Traffic stop arrest domestic calls lnternal Work shift family disruptions solation Suspicion by public Nobody likes the cops until you need them Moral Dilemmas Goal of preventing crime vs inability to do so Working outside of procedures consequence Referee Syndrome no matter what they do half the people don t like it Always making at least someone mad Development of Policing 1800 s Fragmentation of Society Duties related to preventioncontrol Control viceriotsfirespublic health Advent of Crime Fig hterquot Change in expectations Reform to meet community expectations Technology History of Policing English Model Metropolitan Police Act 1829 Tight control by the government Preventive Patrol quotGood appearance demands respectquotuniform consistent so everyone knows who the police officers are Probationary Employmentyou work for awhile and then they decide whether or not they want to keep you on If there is a problem with someone who is hired they dont want to have to go through a lot of paperwork to get rid of them Police records when someone is arrested it goes on record so that other officers can see if they are arrested again without this people keep getting another chance Selection and training Even temper and determined manner Measure effectiveness through absence of crime and disorder less crime year to year says that police department is doing well Sir Robert Peel Home Secretary of England quotFather of Policingquot First large 1000 organized police force Limited Authority of officers Loca Controlif different jurisdictions enforce the laws differently people will goto different places based on their sentencing Quasimilitary structureeveryone reports to one person everyone has one boss that way there is no problems with what to do because everyone works for the same person Overcome fragmentation it is very hard to control things with fragmentation History of Policing Political Era General 1840 s1920 s Prompted by mob violence and Gin Fear of Street Crime Loca political bosses choose police officers as a reward for party loyalty Role was to control and maintain order nadequate training spoils system Use of force common bad training Protection of Status Quo especially political regime History of Policing Professional Era Generally 1920 s through 1970 s Concern with corruption Advances in Technology like Six Elements Freedom from political influence no one can have influence over the police because of their political standing Well trained disciplined force Equal enforcement of the law ncorporation of new technology Personne procedures based on merit Fighting Crime as primary duty not so much investigating more so only catching crime when it happens or if the person committing the crime is known History Community Policing Era Generally 1970 to present Emphasis on positive public relationships Riotsbrutality claims precipitate review ncrease in Federal Assistance Growth in Police Unions Principles Problem solving best done at neighborhood Loca Problem solving Citizens more active in fighting crime neighborhood crime watch Structure of the Law Enforcement system officers Sworn personnel are those entrusted with arrest powers usually referred to as peace Sheriff Departments 31OO amp 175k County Jurisdiction Police rural areas no other active police Operate County Jailsecurity Serve civil papers Tend to serve large area with fewer people Local Law Police Departments 12800447k Authority is by local government action they create a police force CityMunicipality townshipvillage Smallerjurisdiction but more people Enforce laws and ordinances State Law Enforcement Agencies 4959k Authority by State Legislature Role defined by state law highway safetyenforcementtechnical support Triba Police Agencies 135 Federal Law Enforcement Department of Justice DOJ Executive Branch of government Limited in scope Federal Law Enforcement Agencies FB terrorismforeign intelligence threatcrimes DEA Enforcement of controlled substance ATF Cigarette taxbootleggingguns Marshalls fugitivesWitSectransport prisoners Deal with violations of federal statutes Homeland Security A new Era of policing Response to 9112011 terrorism attack Coordinated 22 agencies Border and Immigration enforcement Diverts money from other agencies Recruitment Selection and Training Finding qualified people eople negative connotations There is an ongoing demand for officers Agencies use a wide range of recruitment avenues Ads CollegesUniversities Other police agencies Selection Physical Fitness Character interviewing friends neighbors previous employers etc Psychologica Fitness they don t want people who are going to fly off the handlequot don t want those who act as individuals and make their own rules they want people who can respond to authority Prior Criminal Record felony records will disqualify a person but misdemeanors will be accepted Education HS degree is required Motivation Representative of community diversity usually in bigger police forces that can afford to be more picky on who they choose You can only choose from those who apply Training Academy Training Lega rules Weapons and self defense Socialcommunity relations nservice Training With veteran officers Police subculture An occupational subculture is a set of norms and beliefs held by most people in a given occupation or profession Police organizational subculture is particular to an individual department The belief that officers must support one another Unique powerauthority of police officers Suspicion of general public Can lead to Us vs Themquot mentality Police Discretion 3 Factors Who initiates the complaint Self initiated traffic stopordinance Citizen initiated complaints Department Policy Vague or unclear statute Public Pressure Voume Persona Assessments Time Reasonablenessrelative seriousness Bias Abuse of authority is when a police officer uses police powers for compelling or preventing a legal or proper action Misuse of authority Occurs when police disregard policies rules or laws in the performance of their duties Noble Cause defense the end justifies the meansquot Abuse of Authority Corruption Misuse of authority for personal gain Why Faulty selection and training Society gives tacit support Blue line How to fight corruption Change department tolerances Take bad officers to court Transparency in management Changing public tolerances Force is excessive when considering all of the circumstances known to the officer at the time he or she acted the force was unreasonable Can be abusive language actual force or coercion threats harassment discrimination Discrimination includes race sex age sexual preference position Attaining Integrity Professiona standards management function by training and supervising Chapter 6 Policing Roles 3 Roles Maintaining orderkeeping the peace preventing crime Enforce noncriminal regulations Return stolen property Enforcing the law nvestigating violations enforcing violations arrest when needed Patro deters crime visibility Keeps the peace Quick response to emergencies Arrest Criminals Give assistance to citizens in need Move traffic and people along Atmosphere of safety Strategy Reactive Patrol Call for service Discretion which order to respond to calls Differentia Police Responsequot Most calls do not require fast response Saves department resources Minimal reduction in arrests Demands public education transparency Strategy Preventive Patrol Random patrol Visibility deters crime May move rather than stop crime Strategy Aggressive Patrol Pay attention to violations as encountered No crime too small Broken Windows model Neighborhood disorder creates fear Giving out crime promoting signals Emphasize public order crimes low level offenders become serious offenders if police let people get off with smaller things they will move on to more serious crimes Reduces fear Hot SpotsHot Times Where should police be when and in what numbers SARA Scanning Analysis Response Assessment Police Officers on the Job Patro Officers The backbone of policing preserve crime scene and be alert to suspects Most case closures depend on this function Preliminary investigation Detectives Conduct followup investigations Much duller and routine than film or books Rely on citizen cooperation and informants Police Investigations Four Functions Gather evidence relative to identified suspect Try to identify a suspect Surveillance in expectation of a crime No suspect no crime but rely on experience Effectiveness Arrest is closely connected to timeliness of report 33 when crime in progress 10 if one minute later 5 if 15 minutes later Technology on the Job Communications Technology Ability of police agencies from different jurisdictions to talk and share data in real time Technologica Resources Computerized statistics Crime analysis Forensics Forensics is the application of scientific knowledge and methods to criminal and civil investigations and legal procedures including criminal trials ChemistryBiology CSI Miami or Las Vegas CIS NOTES 0 Police 0 Keep the peace traffic control 0 Apprehend criminals o Prevent crime 0 Provide social services I EX DARE services for citizens o Courts 0 Major responsibilities I Iudication prove if guilty or innocent I Disposition if someone is guilty decide what to sentence them I Corrections punishment service etc 0 Corrections 0 Responsibilities I Custodial Services jail prison I Community correction programs The Criminal Justice System ch 3 The goals of Criminal Justice 0 Do justice 0 Treat people similar 0 People view the justice system differently o Punitive 0 Control crime 0 Appropriate punishment 0 Prevent crime 0 Primary telling people to lock their cars 0 Secondary once you catch criminals make sure crime is not repeated 0 Tertiary whatever program is brought up on criminal Two Iustice Systems 0 Federal o Concerned with federal laws amp federal crimes 0 State 0 Concerned with state laws amp state crimes 0 Native American Tribal Court 0 Own sovereignty Expansion of Federal Involvement o Started expanding beginning oflast century 0 Before that federal gov t has no interest in getting involved at local level 0 jurisdiction 0 Started in early 20s amp 30s 0 Crimes started happening over state lines o Disputes over who should investigate particular crimes 0 National security federal gov t has a lot more jurisdiction Characteristics of the Criminal Justice System 0 Discretion 0 Ex police officer can decide whether or not to arrest someone o The more serious the offense the higher the discretion 0 Resource dependence dependent upon other units of government 0 Does not make enough money on its own 0 Sequential operations 0 There s an order to everything 0 Must do things in certain intervals for system to operate 0 Filtering 0 Making a decision as to what needs to be in the system 9 is this worth it Police 0 Keep the peace 0 Apprehend criminals o Prevent crime 0 Provide social services Courts 0 Major responsibilities of courts 0 adjudication of offenders guilty or not 0 disposition ofsentencing decide what to do with the guilty 0 initiate correction process ifsomeone is found guilty then correction action will be taken Corrections 0 provide services to people in custody custodial services 0 community corrections programs Steps in the DecisionMaking Process 0 The CIS consists of 13 Steps 0 Investigation 0 Arrest I Taken into custody 0 Booking I Put person in celllockup take picture assign number fingerprints 0 Charging I Prosecutor decides on offense allegation 0 Initial appearance usually for purpose of bond 0 Preliminary hearingGrand Iury I Don t need both prosecutors prefers a grand jury 9 a good prosecutor can get grand jury to do what they want 0 Indictment I formal written charge 0 Arraignment I Appearance before the court prior to trial bond can be set at this time 0 Trial I Bench trial I ury trial 0 Sentencing 0 Appeal I Everyone is entitles to an appeal 0 Corrections 0 Release Multicultural Concerns 0 Possible concerns 0 Minorities commit more crimes 0 There are people within C system making decisions upon race The difference between disparity and discrimination o Disparity 0 Difference between groups that can be explained by legitimate backgrounds o Discrimination o Occurs when groups are treated differently without regard to their behavior or their qualifications Victimization amp Criminal Behavior ch 2 Crimes 0 Most happen in cities less space more people 9 in open areas 0 Most occur during evening hours 0 300 900 delinquency occurs 0 Criminal don t like being stuck in a situation in which they cannot retreat 0 Most have ONE victim The Impact of Crime 0 Psychologicalemotional damage to victim family of victims and people who read and hear about crime 0 Economic cost costs us more than it makes us Fear of Crime 0 American s fears of crime limit our right to freedom self imposed 0 People experience crime indirectly rather than directly Victims in the Criminal Justice System 0 Initially criminals were not given 0 Justice for All Act of 2004 0 Includes rights for crime victims in federal criminal cases 0 To be informed of every proceeding 0 Given the opportunity to be present at every proceeding 0 To be heard 0 To object to a previously negotiated plea or release from custody o A speedy trial 0 Full restitution 0 Protect the victim from violence or intimidation 0 Notice of the victim s rights Causes of Crime 0 Theory helps us to try to understand why people commit crimes 0 Why is it important to know crime theory 0 Has an impact on how laws are enforced 0 Help determine what guilt is 0 Help determine how to impose punishment Major types of Criminological Theories 0 Classical 0 Explained criminal behavior 0 Conscious rational choice to commit crime 0 Cost benefit decisions 0 Make risk higher than benefit 0 People need to know what is against the law amp what happens when they get caught 0 Punishment must be swift certain amp severe o Positivist o Atavism 0 Human behavior is controlled by factors other than rational choice their control 0 Criminals are different than noncriminals o Psychological 0 People with personality disorders should receive treatment not punishment 0 Biological aspects ofpositivism o Cesare Lombroso 1912 I Disease caused biological changes that in uence crime 0 Sheldon s body type theory I Mesomorph tend to be more involved in criminal activity stronger amp more aggressive I Ectomorph stick figure will not use force will use head I Endomorph will get things done through others brain of the operation 0 Ifwe can identify people who have traits that make them prone to crime we can then find ways to treat or control those people 0 Sociological Criminals are made not born Social conditions that people live under or around will have an impact on them and will steer them towards or away from behavior Three major types of sociological theories I Social Structure Theory V quotSocial Disorganization theory V Centered around the idea of reforming the conditions that breed crimes such as poverty urban redevelopment and better health care I Social Process Theory V Learning theory gt Interaction with others we learn how to behave I Social Control Theory V We are controlled by people around us V Don t want to let someone down V Labeling theories gt Act in a way they are expected to act I Life Course Theory V As we go through life young pathways we make decisions that will lead to a sub culture V People don t become stone criminals V To reduce use ofincarceration as means ofpunishment and V To foster key turning points in life such as marriage and stable employment that are associated with a move away from criminal activities I Status Theory V Associate with Cohen V Search for status will propel our behavior I Strain Theory V Merton s Theory Five means ofadapting gt Conforming accept society s goals and follow same guidelines gt Innovate accept goals but find new way to get them gt Ritualism change the goal gt Retreat respond to failure of goal with negative attitude gt Rebel change the means of operating amp gets other enlisted in what you39re going to do o Neoclassical V Agnew s Theory strain comes from a disparity in gt What we aspire to and what we actually get gt What we expect and what we actually get gt What we have and what we want Con ict Theory Life made of havenots V Have less than I want aggression V We don t think we ve been treated fairly V Very personal 0 Classical ideas took on new life during the quotget tough times of the 1980s 0 But I I I More prevalent way things are being looked at Individual differences Increasing incarceration Rehabilitation 0 Assessing Theories of Criminality 0 There is quotsomequot truth in all theories 0 The ultimate quottestquot of a theory is its ability to predict behaviors 0 Most theories focus on visible crime and the poor 0 Most theories deal with male crime 0 What is needed is a verifiable theory that mergers the differing ideas about the causes of crime 0 A Good Thing to Remember 0 quotSome insight into the causation of delinquency and crime can be obtained from almost any approach that bears a reasonable relationship to the nature of the problem Sheldon amp Eleanor GlueckUnraveling uvenila Delinguengy 1950 Chp 5 Police 0 The purpose of Police 0 Are police necessary 0 What happens ifwe don t have police 0 English in uence ofpolicing 0 Limited authority 0 Local control 0 Organizationalfragmentation o Metropolitan Police act 1820s in England 0 Industrial revolution I Created more people in one area I Made property moveable I V Created more things to be stolen property I Mandates of the MPA 0 Very tight control ofpolice dept by the gov t o Publicize crime 0 Preventative control aggressive control to prevent crime 0 Do this by having a highly visible police prescence 0 American Colonial Era ofPolicing o The political era 18401920 0 Keep populations in control immigrants o Mob actions 0 The professional model 192070 0 Police corruption 0 Administrative efficiency measured by absence of crime 0 Impartial uniform enforcement of law 0 Six elements of professional policing v til disciplined tightly organized ily enforced o The community policing era 1970present 0 Citizen must participate o LAW ENFORCEMENT AGENCIES 0 3070 sheriffs dept 0 12666 local polic 0 1376 special police agencies 0 49 state police depart o 30 federal agencies 0 Federal Law Enforcement I Function investigate crimes and determine if federal offenseno local laws 0 State law enforcement I Function Highway patrol Investigative laws that state legislature produces 0 County law enforcement I Authority comes from state Funded by county I Function run the jail Sheriffs run towns with no police dept 0 Municipal police I General law enforcement authority including state law I Employ majority ofpersonnel I Decentralized and fragmented o Are authorized funded and operated within the limits of own jurisdictions 0 Each jurisdiction develops own goals and policies no standardization between different police agencies on how they jurisdict Native American tribal policing 0 Treaties create sovereign nations that have some legal autonomy Warrantless searches 0 O O O O O 0 Special needs I Airport schools stadiumsborder crossing public events Stop and frisk quotTerryStop mm 39nterefence with the persons freedom has to be justified by reasonable suspicion Incident to a lawful arrest EXigent circumstances I Hot pursuit chasing someone NOW I Concern about imminent danger Consent I Person agrees to be searched I To claim your rights you must assert them Automobile searches I Traffic stops I Carroll doctrine if there is probably cause to search the vehicle they can search vehicle and everyone in it Abandoned property Questioning Suspects ci liliiliimi 1964 I Requested attorney but was refused 1966 I Right to remain silent I Statement can and will be used against you in court I Right to attorney present during interrogation cant afford state provides I If suspect says something incriminating before being questioned or read Miranda rights then the evidence can be used in court Public safety exceptions to Miranda 0 Urgent situation of significant social importance outweighs the necessity of respecting individuals rights someone dying o The exclusionary rule 0 Weeks and map cases created ifyou obtain evidence illegally it cant be used against 0 This overthrew the silver platter doctrine one agency cant offer evidence to another agency to help them 0 Exceptions I Good faith exception police thought he had right to be there I Independent source exception ex search for guns but find drugs They can leave and get a warrant for drugs and come back I Inevitable discovery rule 0 Exlusions to exclusionary rule I Grand jury proceedings I Parole revocation proceedings I Immigration deportation proceedings Court System V V Native american tribal courts constitute a third system in several states El Federal court structure 39 The united states I V The united states rm M V The united states The US Supreme court quot Highest court in US cannot superceede supreme court rulings Decisions set precedents Precedents are important 0 Without precedents many appeals occur I Choose the cases they hear opinion and vote V No appeals from supreme court Court of AppealsDistrict courts V Federal court of appeals V Federal district courts Atleast One per state Primary trial court of the US Choosing Federal judges V Appointed by president V Confirmed by senate part of constitution V Serve for a period of good behavior V Never have to retire but can be thrown out State court structure V Arranged like a pyramid A supreme court Intermediate appellate courts Trial courts criminal civil 0 Limited jurisdiction 0 General jurisdiction 0 Specialty courts jurisdiction of each generally defined by law State Supreme Court V Review issues of law appealed from trial courts V Generally four kinds of error We Affirm decision Overrule the decision Remand the case back to the court in which it came for a particular purpose 0 1 judicial error in trial court 0 Not admitting evidence correctly 0 Telling wrong instructions to the jury O 2 Police error 0 Illegal searches errors 0 3 Prosecutor error 0 Obligated to give all evidence o Withholding evidence is an error 0 4 Defense error counsel State Appellate Courts V Rights of appeal determined by law V Review ofprevious trial for procedural errors V Possible outcomes Uphold sustain original verdict Order a new trial remand Remand for sentencing judicial error Set the defendant free Criminal Trial Courts V Decide guilt or absence of guilt trial courts don t do this Trial courts of limited jurisdiction 0 Less formal in structure 0 Handle 90 of all cases 0 Misdemeanors 0 Preliminary matters in felony cases Trial courts of general jurisdiction 0 Felony cases Civil Actions V Determine responsibilitydegree of damage doesn t determine guilt like criminal courts V Occur in the same courts V Limited jurisdiction courts cases handled are limited by the law District 0 Landlord tenant small claims some traffic Probate 0 Everything is civil including juvenile Proceedings 0 Wills secret marriages adoptions guardianships juvenile V GENERAL IURISDICTION Circuit 0 Lawsuits over certain amount juvenile domestic g Specialty Courts parts of other courts set up to handle particular cases V Focus is on a particular kind of case V Specialization can be based on diff criteria Type of matter 0 juvenile traffic court Alleged perpetrator juvenile court Type of crime drug court Factor associated with a crime gun court Functions of the judge V Adjudicator judge make decisions V Negotiator V Administrator often court administrators are hired because judges don t have time to administrate Duties of judiciary V Oversee conduct in court how the court operates alt EX keeping court quiet deciding who can talk and when Settle questions of evidence and procedure Guide questioning ofwitnesses Instructs the jury about the law or decides by themselves How we choose state judges V Qualifications vary by state V Typical qualifications include conditions of residence licensure to practice law minimum and maximum age EX In Michigan people can t run for judge after reaching 70th birthday V Selection ofjudges include appointment election partisan or nonpartisan or combinations Pretrial processes V Purpose ofpretrial processes is to ensure due process of the law Force prosecutors and judges to 0 Review the evidence 0 Make sure probable cause exists 0 Dismiss unnecessary or unjust charges filter out V Arraignment Formal meeting between prosecution and defense Charges are read and plea is entered Prosecutors conduct more focused evaluation of the case 0 Avoid wasting timeresources on bad cases V Preliminary Hearing Make a basic showing 0 Crime was committed 0 Reason to believe defendant committed the crime Defense may challenge the evidence through motions Pretrial release BAIL V Based on judge s view of Seriousness of crime Defendants prior record V 8th amendment prohibits excessive bail Amount of bail should be high enough to ensure the defendant appears in court for trial no higher alt Does this discriminate against poor people Technically not Bail reform V Released based on verified information was more effective than money bail V Release should be under the least restrictive method necessary to ensure safety EX Work release jail at night workschool during day V Release on Recognisense established presumption of ROR and formalized preventative detention Pretrial release Factors V Nature of offense and offender V Criminal backround Longer backround less likely to release Criminal backround Defendants cooperation Impact on community Victims opinion Preventative detention V Based on the notion that certain offenders will commit crime while on release V Society has right to protect from future criminal acts V Is it a form ofpunishment that is not based on a guilty verdict and is based on something that might happen Management of State Courts not federal V Effective management is problematic Fragmented structure Inadeguate resources Uneven gm ofjudges V Proposed solutions O Consolidation no hierarchylittle control C Hierarchy with strong central authority but independence of action 0 Highly centralized central authority Prosecutors V US attorneys federal court Appointed by president Work for US department ofjustice State prosecuting attorney state law Attorneys oflocal courts 0 Most are elected 0 Most represent a county The prosecutorial System V Prosecutors represent the people citizens of the state V Prosecutors discretion in three areas What sentence to recommend V Roles of the prosecutor Prosecutors generally follow one or more roles 0 Trial counsel 0 House counsel 0 Representative of the court O Elected official There is considerable discretion in fulfilling roles V Duty of prosecutor To see that justice is done Federal prosecutorial guidelines V Federal law enforcement priorities V The nature and seriousness of the offense V The deterrent effect ofprosecution V The persons capability in connection with the offense V The persons history with respect to criminal activity V The persons willingness to cooperate in the investigation or prosecution of others V The probable sentence or other consequences if the person is convicted Prosecutorial Key exchange relationships V Police V Victimswitnesses V Judges and courts EX scheduling time frames V The community Nolleprosequi quotNolo Pros V A term when prosecutor decides to drop a case after a complaint has been made Absence of witnesses to testify W Insufficient evidence Police error Office policy Prosecution policy V Deciding who to prosecute Legal sufficiency 0 Having enough evidence to go to court System efficiency 0 If system is working properly and not backed up with cases more likely to prosecute If backed up more likely to plea nargain Trial sufficiency 0 Not going to court unless prosecutor is Mconvinced they can win V Prosecutors can sometimes make deals on sentencing even if they cannot on prosecution Roles of the defense attorney V Secure pretrial release V Negotiate the best charges possible V Prevent a conviction If conviction is inevitable get best conviction possible Get best sentence possible Sometimes conduct an appeal m Competent Counsel V Competent counsel ensures fairness V Reasonable competency If an attorney is deficient and therefore makes errors its been found that this can hurt defendant Ifyou have deficient counsel md denies you fair trial you grounds to appeal Determination of Guilt Plea Bargaining and trials The courtroom how it functions V Courts operate differently basic process is the same V A local quotlegal culture each judge runs their court differently V Emphasis on plea negotiations Without pleas the courts would slow amp fail The courtroom work group V The judge Court recorderreporter 0 Record what is said during court 0 Types requested transcripts V The Prosecutor Deputy prosecutor more prevalent in long trials Police advises the prosecutor when needed V The defense Cocounsel V Support personnel Court clerk Bailiff escorts people out of court room calls forth people to testify Plea Bargaining V What is plea bargaining Involves negotiation usually involves O Lesser charge 0 Less severe penalty V Plea negotiating begins any time after defendant has a lawyer V Power is weighted towards prosecutor Reduce initial charge Reduce the counts to a charge Sentence recommendation move to more lenientjudge Proscons plea bargaining V Pros Reduced costs Improved efficiency Concentrate on serious cases Avoid pretrial detention and delays V Cons W Waive constitutional rights admit the charge Results in lesser sentences and sentencing disparity Innocent may plead guilty Factors affecting the decision to plea bargain V Nature of the offense outrageous to public less plea bargain chance V Defendants prior record and age V The strength of evidence in the case V Position of the complainant VICTIM Tactics in plea bargaining V Prosecutor Charge multiple offenses Over charge V Defense counsel Threaten trialeven jury trial Motions file a lot of motions but is expensive so less popular method Alter schedule Legal issues in Plea Bargaining V BOYKIN v ALABAMA 1969 Defendants must state that their pleas were made voluntarily prior to a judge accepting pleas V North Carolina v Alford 1970 A plea of guilt may be accepted V Bordenkircher v Hayes 1978 Threatening a stiffer sentence is permissible and part of quotany legitimate system which tolerates and encourages the negotiation ofpleas V Ricketts v Adamson Defendant must comply to all agreements in the plea bargain Trial V Few cases result in trial V The 6th amendment to the US Constitution provides for a speedy and public trial by an impartial jury in all criminal prosecutions V Most important factor in a case going to trial The seriousness of the offense El Bench Trial trial by judge V About 9 of felony cases go to trial 91 don t 4 are jury trials 5 are bench trials V Which is better Win on the law bench trial Win on persuasion jury trial V jury selection V Prosecutors opening statement V Defense attorney s opening statement V Prosecutor s presentation of evidence and direct examination Defense attorney s crossexamination I Defense attorney s presentation of evidence and direct examination Prosecutor s crossexamination I Defense attorney s closing statements I Prosecutor s closing statements summation I judge s instruction to the jury on the m I jury deliberates and votes in felony case all 12 jurors must agree l Pronouncement of the jury selection V y VOIR DIRE Excludingjurors 2 reasons W Challenge for cause 0 Reason must be given and approved by judge 0 Unable to make a fair decision due to biases 0 Unlimited in number Preemptory Challenges 0 Excuse jurors for no particular reason or for undisclosed reasons 0 Number of challenges are limited 0 Can t be used to eliminate jurors on the basis of race ethnicity or gender The verdict V Guilty in judge will normally set a date for sentencing and ask for a report ofa presentence investigation Not Guilty Defendant is free to go Hung jury Case may be retired Right to Appeal Right to appeal is determined by law Waives double jeopardy Based on error oflaw or procedure Court transcript serves as the basis for appellate review Most appeals do not succeed 5 Goals ofpunishment There are four goals of punishemt 1 Retribution O Def something deserved O Punishment should fit the crime 2 Deterrence change someones mind C General deterrence o Punishment serves to deter others 0 Specific deterrence o Prevent recidivism by the offender 39W 3 Incapacitation O Prevent recidivism by detention or execution o Recidivismreoffending 0 Concept of selective incapacitation 0 Certain types of offenders are more likely to reoffend so those groups are targeted W 4 Rehabilitation 0 quotcorrectquot the offender through vocational or educational training or therapy 5 Restoration 0 Repair the damage done to the victim and community 0 Make things right 0 Balanced and restorative justice Basic sentencing strategies models Indeterminate sentences Sanction is quotfitted to the offender ex if someone cant read teach them to read so they can get a job Recognize the offender will return to society so they want to fix this person so their problems don t persist Sentence has a minimum and maximum 0 Set by judge or O Legislature Inmates can earn good time Early released but continued supervision Major drawbackwas sentencing disparitydifferences in sentencing V Mandatorydeterminate sentences Sentence determined by statute Certain penalty for certain criteria At the end of the term minus credited good time the offender is automatically released V Presumptive sentences Legislature sets a presumed sentence Iudge must justify deviations judge may consider Aggravating circumstances 0 Mitigating circumstances 0 Discretionary parole established V Habitual criminal statutes 5 Sentence versus actual time served V Factors mitigating actual time served Parole boards after minimum sentence is served W Good time Credited jail time served jail overcrowding V Truthinsentenceing laws Intermediate Sanctions harsher than probationmore lenient than prison V Fall between the quotleniencyquot ofprobation and the quotseverityquot ofprison V EX Home confinement house arresthome detention Electronic monitoring Intensive supervision probation Boot camp Asset forfeiture possessions that were obtained by criminal behavior from victim V Probation Most frequently used criminal sanction ah An quotinherently lenient sanction Sentence served in the community under supervision Require to abide by the conditions of their probation m Death penalty The supreme court ruled that the death penalty as administered was unconstitutional cruel and unusual punishment The procedures used to impose the death penalty were found to be arbitrary and unfair Invalidated death penalty laws Required new statues What is cruel and unusual Penalty is disproportionate to offense Beyond the jurisdiction of the court The death penalty is unconstitutional because its an quotequal rights measure Upheld capital punishment statutes that required jufges and juries ato take into account specific aggravating and mitigating factors in deciding which convicted murders should be sentenced to death The ruling created the BIFURCATED split Trial one phase in whgich guilt was determined and the other in which the sentence was decided Where Furman was overturned because the imposition of the death penalty Execution of the mentally retarded is unconstitutional Because WV It rarely occurs Authoritative organizations organizations that are specialized with mentally retarded opposed the death penalty of the mentally retarded Other countires did not execute the mentally retarded Ring VARIZONA2002 juries rather than judges must make the crucial factual decisions as to whther a convicted murderer should receive the death penalty ROPER V 51MMON52005 Cant be executed under the age of 18 Capital punishment in the US today 80 of Americans approve ofits use 37 states and federal government Approximetly 30 executions per year Presentence reports V Also called social histories court histories V A report provided by probation dept for the judge to base his sentence on V Prepared by probation officer V Presents a convicted offenders background V Are sometimes not as useful if a plea negotiation has been accomplished Sentencing guidelines V Establish ranges ofpenalties within which judges can sentence offenders based on 1 risk scores based on Organization of Corrections V Probation V Iails V Prisons Subsets apply to all above Halfway house Work release The enlightenment V Individual vs government V More individualized sanctions V The concept of differing truths Penitentiary V An institution intended to punish criminals by isolating them from society and from one another So they can re ect on their past misdeeds m and reform quot The confinement system Separate living quarters No communications of any kind Solitary labor bible reading and re ection All activities were conducted in the cells 39 The congregate system Prisoners held in isolation at night but worked with other prisoners in shops during the day 3981 Rule of silence 0 quotKey to discipline silence 39 The Reformatory Movement Based on certain principles 0 Inmates can change 0 Reformation is rewarded by release parole o Indeterminate sentencing o Emphasis on training A system of classification evaluation Failure of reform efforts 0 Increase in prison violence 0 Increase in prison costs 0 Cycle of reforms 0 Increase in costs and failure ofprisons led to The rehabilitation model V Two main strategies Improving conditions in environments that seem to be the breeding grounds of crime Rehabilitating individual offenders o Added classification systems 0 Added treatment programs 0 Often referred to as the medical model This model went out of favor in the 1970s The Community Model V Reintegrate the offender into the community V Get offenders invested in the community Through jobs activities family V Imprisonment to be avoided ifpossible But still eXists prominently today Crime control model V Rejection of concepts such as I Not using indeterminate pushing people out of prison when they hit minimum sentence Treatment programs I Discretionary release on parole Fewer programs Increased security and building more institutions Community corrections V Attempt at a hybrid Punish offenders WV Protect the community Reduce crime Save money Prevent prison crowding Security levels ofprisons V Maximum security 35 ofinmates Cell blocks V Medium security 50 of inmates Cell blocks an Increase in privileges Effort at treatment V Minimum security 15 of inmates No wall minimal guards Dorm life least violent offenders Institutions for women V Less than 10 ofprison population V Less likely to be in prison V Fewer females in prison fewer prisons Loss of contact with those elements that may help most in rehabilitation or conversely It may help these people get out of the circumstances that helped their life style 5 Private Prisons V quotbuild it and they will come V Lease system someone will be contracted to come and build prison I More long term commitment V Service contract people will come in and run the prison for you Shorter term commitment for government Iails Detention and ShortTerm Incarceration V Branch oflocal government Pretrial detention W Offenders awaiting sentencing Confine misdemeanants lt1 year in jail Hold probation and parole violators V Relieve prison overcrowding EX Felons serving their imprisonment in jails rather than prisons Management of Iails V Role ofjails Primarily administrative managing a population Fiscal problems MONEY at Inmate characteristics 0 High turnover 0 Suicides 0 Lack of programs The law of corrections Prisoners have some civil rights Extended the rights of freedom of speech Right to practice their religion V Regulations reasonable to maintain security and order are justified 39 Etests to see if conditions are constitutional Does the punishment shock the conscience ofa civilized society Is the punishment unnecessarily cruel Does the punishment go beyond legitimate aim 0 Decisions to be made on Totality ofconditions Circumstances El Correctional policy trends quot Pronounced increase in prisoners Improved law enforcement and prosecution Tougher sentences Greater availability of prison space War on drugs Currently there is pressure to reduce population 0 Why community corrections 0 Cheaper o Offense not serious enough to warrant incarceration 0 Success rate just as high 0 Rehabilitation thought thsat keeping people in community has a better chance to change them Prison has negative effects I Less contact with friends family I Taken out ofwork force I Longer the person is out of society the longer it takes to get them back 0 Development of Probation o Reprieves and pardons offense is just forgiven MerrieOlde England W The first one to formalize a invented a conceptword if 12w probation program I Boot maker I Idea started on helping people stop drink alcohol I 1840 lJll39ll up U n it ll h g I Marriage counseling I Psychologicalcounseling o focus less on social serviceseXpensive and more on m5 emphasis 011ml I Probation and planning o mmj u ofa Probatioin Officer 0 Investigate cases assigned to them I Find out all possible information related to offense 0 Previous record 0 Job 0 School records 0 Enforce the orders of the Court 0 How does ADULT probation work 0 Usually falls under the executive branch state level I In about 25 of the states county and local 0 Concept ofprobation sentence is suspended 0 Its A contract I Rules or conditions ofprobation are set I You follow rules officer doesn t lock you up 0 Community supervision I Purpose ofprobation is to let people live in community 0 Probation may be revoked o Probation revoked o Arrested even ifyou are innocent can be punished o Probation Officer has discretion most oftime I Less discretion in drug courts o Requires a hearing if someones probation is being revoked o Is probation successful 0 Hard to tell ifyour helping or not 0 iRecdivism reoffenses I Rearrest reconviction technical violation 0 None are full proof I Serious offenders most likely to 3 i I The earlier the onsetoffense the more likely they will commit offense again 0 More years more opportunitychance I Probation recidivism is lower than prison recidivism o This is the whole purpose of probation CHART Low control 0 Fines community serive probation home confinement High Control 0 Boot camp incarceration jail o Fines as a criminal Sanction 0 Used more often in lesser offenses or 0 When financial profits were high of the crime but 0 Many fines go uncollected o Repay victims for loss I Not always cash I It is restorative repairs harm that was done I Ordered by the court but can be the result of o Informal agreements between the police and offenders o Plea Bargaining idea is to restrict peoples movement 0 Living at home with conditions 0 Usually packaged with other sanction 0 Very exible 0 Little standardization throughout us 39 benefits general public 0 Offenders work for some public benefit 0 Try to match skills and abilities of offenders vi aquot hm Tilime and p o Symbolic when the offender isn t really providing a service 0 Practical function when a service actually gets accomplished 0 WHO OBJECTS I Victims I Public eX sometimes doesn t want convicted offenders in park I Unions a little more restrictive than home confinement 0 Also called fay supervision and treatment 0 Different methods of correctiontreatment of day reporting centers Counseling advice Therapy takes longer Community service Alcoholdrug specific testingprogramming o Often used for probation failures 0 Success is mixed 0 Intensive Supervision Probation ISP o For offenders who need greater restrictions 0 Concept Bring about change in peoples live 0 Emphasizes Quantity of contacts is important amount of times the offender is checked up on o Smaller Caseloadsamount of offenders needing supervision I 10 officers per 1 offenders avg in Michigan 20 to 1 o Presents a tough image of community supervision and addresses prison overcrowding o WORKS I Ifimplemented correctly 0 Boot Camps main emphasis is discipline 0 Shortterm institutional sentence I Usually followed by probation I Emphasis on PHYSICAL REGIMEN I Aim is DISCIPLINE and RESPECT for authority 0 Also referred to as shock incarceration 0 Includes education jobtraining o Evaluations showed a failure to reduce recidivism skeptic I But these programs are as good as the followup 0 Being erased at the federal level I Beginning to be erased at state level 0 Too expensive G iii39ri wu Lv39rw Iii i39v39l w lt7 The modern Prison V Inmates are more likely to be African American and Hispanic 0 This involves disparity Urban areas Convicted of drugrelated and violent offenses 0 Based on the emphasis on quot war on drugs Fundamental concept obvious Models of Incarceration V 3models Custodial o Assumes that prisoners have been incarcerated for the purpose of I specific deterrencepunishing the offender I General deterrencepeople see people getting locked up so they don t commit crime o Emphasizes 0 Little change over last 60 years Rehabilitation 0 Emphasizes treatment programs designed to reform the offender 0 Professional treatment specialists have a higher status than other employess 0 Treatment programs still eXist in institutions but are not emphasized 0 Usually prisoners don t receive these helps until last couple years of sentence 0 Limited resources 0 Change the way that people feel and change their views on life Reintegration o linked to the goals of community corrections 0 get the person involved so they are more likely to avoid deviant behave I someone who destroys property make them fiX property 0 Maintains the offenders ties to family 0 Can be good or bad I If family is supportive good 0 Inmates gradually gain greater freedom 0 Through treatment programs and education I Halfway houses I Work release programs Unique characteristics of prison V Cannot select their clients V Have little control over the release of their clients V Deal with clients who are there against their will V Must rely on clients to do most of the work in the daily operations of the institution forced work Governing a society of captives V Cannot rely on the use of force as a management technique V Rewardingpunishing prisoners is difficult Cant beat them anymore Rewards usually work better than punished V Cooperation bewtween inmates and guards must be established 5 Contradictory role of corrections officers V Correctional officers role Considered a professional 0 Not exactly Maintain security Counsel supervise protect and process inmates under their care Use of force V Five situations where it is legal Selfdefense Defense ofa thirdparty 0 Protect another prisoner included Upholding prison rules but cant use force as punishment for not following a rule 0 quottime to take shower drag them into shower point a to point b WV Prevent a crime 0 Theft Prevent escapes Whos in prison V Four additional factors affect correctional operations 0 Elderly prisoners
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