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CJS 208 Notes

by: Michelle Bonnen

CJS 208 Notes CJS 208

Michelle Bonnen
GPA 3.4
Criminal Law
Donald Bernardi

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Criminal Law
Donald Bernardi
Class Notes
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This 6 page Class Notes was uploaded by Michelle Bonnen on Monday October 12, 2015. The Class Notes belongs to CJS 208 at Illinois State University taught by Donald Bernardi in Fall 2015. Since its upload, it has received 26 views. For similar materials see Criminal Law in Criminal Justice at Illinois State University.

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Date Created: 10/12/15
101215 158 PM Ch 8 Criminal Punishment 1Early English punishments oLets look at punishment in a general way first What do we know about society s beliefs about punishment based upon the penalties for crime In England 200 crimes wdeath penalty English Practices that avoided severe penalties 1 Benefit of clergy 2 Law of Sanctuary 9 if you commit a crime and go to a church the cops won t be able to enter and come get you 3 Transportation 9 sentence people and then send them to Australia on a boat 2 Colonial punishments oCapital punishment was not as common oonly 12 crimes with death because of a lack of labor oExamples idolatry witchcraft adultery murder perjury in a capital trial Why perjury 9 lying in courton the witness stand someone else could die due to your lie 3 The Constitutional limits on punishment oThe 8th Amendment excessive bail shall not be imposednor cruel and unusual punishmentquot oWho decides these issues today 9 the courtjudge has to figure out what is excessive under the 8th amendment 04 Corporal punishment 9 18 states still have this oIs inflicting nondeadly physical injury as punishment oMutilations and branding were discontinued many years ago but the use of corporal punishment continued 0 In 1968 the last 2 states permitting whipping ended the practice with the 8th Circuit Court of Appeals decision finding it an 8th Amendment violation Does the same rule follow in schools oRemember this is not a criminal punishment imposed by the court The 8th doesn t apply oOur Supreme Ct said there is no rule prohibiting corporal punishment in schools oThus teachers may use force reasonably necessary for training control and educa on remember in loco parentisquot 9 teacher counselor babysitter etc oIn prisons it is banned and it is OK in schools oUnlike schools which are open institutionsquot prisoners have none of the community and legal restraints on the guards to provide safeguards since it s a closed environment no one can see the abuse oThere are however protections given under the 14th Amendment in regards to corporal punishment 1 A school could violate Procedural Due ProcessA claim under the 14Th that the school permitted corporal punishment without a prior determination of some school rule violation 2Substantive due process A claim under the 14Th that state conduct in punishing the student is so brutal demeaning and harmful as to shock the conscience 9 use of a belt 18 states continue to permit corporal punishment in schools 9 still can go through due process 5 Capital punishment oIn Furman vs Georgia the Supreme Court said that the death penalty was being applied in an arbitrary and capriciousquot way by the states and this was unconstitutional States could pass statutes if they include these 1The state must choose the crimes who decides the issue of death the method to be used and the appeal process 2The judge or jury must make aggravating and mitigating findings before imposing the penalty 1Aggravating circumstances are findings that justify the penalty 2Mitigating circumstances are findings that would weigh against the imposition of the death penalty 3See statutes for ch 8 Constitutional Interpretation oThere are two schools of thought 1 Strict Constructionist It is based on the intent of the framers that is those who debated and drafted the Constitution over 200 years ago People who think the words of the 8th ought to be what the framers intended them to be 2 The interpretation ought to be based on modern thought morals and practices more personal to the justice the living constitution theory Which of the two should you follow if you are conducting a Beethoven symphony Ex 1 says play it like the conductor amp 2 says play it the way you want to the living Constitution theoryquot Note the national consensus argument p214 Limits on Punishment oProportionality Test Supreme Court sometimes looks at the gravity of the crime and the severity of punishment to decide 8th cruel and unusualquot violation Like these oUS V Bajakajian forefit 357000 excessive fine 9 went to the supreme court 0 1908Weems vs US 15 years in prison for falsifying govtdocuments was excessive o Roberts vs Louisiana automatic death for murder of police without a sentence hearing with mitigation evidence was excessive o Coker vs Georgia defendant serving time for murder and rapeescapes prison and rapes death penalty excessive oGraham v Floridalife for armed robbery by juvenile excessive NO VIOLATION Harmelin vs Michiganlife for 672 gms of cocaine Sentencing and Jury Trials important oPetitioner Apprendi fired several shots into the home of an African American family and made a statementwhich he later retractedthat he did not want the family in his neighborhood because of their race Penalty up to 10 yr oAfter Apprendi plead guilty the prosecutor filed a motion to enhance the sentence The court found by a preponderance of the evidence that the shooting was racially motivated and sentenced Apprendi to a 12year term oHELD due process requires that any fact that increases the sentence beyond the maximum be submitted to a jury for consideration except prior convictions that enhance penalty 0 This rule holds that when you plead guilty or are tried the sentence is fixed at that point It may not be increased after you plead or after trial this case changed the laws in every single state 101215 158 PM 101215 158 PM


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