Popular in Course
Popular in Criminal Justice
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Date Created: 11/01/15
Last class I Expectations of newcomers in criminal courts Heumann Based on law school training Mismatch btwn law school training and day to day operation of criminal courts 2 parts to newcomer adaptation 1 Learning process types of defendants 2 Teaching process sanctions from other courtroom actors judge amp prosecutor Newcomer adaptation cont ed Specific sanctions used by prosecutor amp judge a Private meeting in chambers w pros ampjudge b hassling 9 make yourjob much more difficult Dragging out cases over a long period of time Closing all prosecutorial files to defense atty Prosecutors refuse to PB Heckled or criticized by judge in open court Trial tax 9 more severe sentence as punishment for defendant if she insists on a trial amp refuses to pb I Flip side rewards of PB lenient sentence gtWeak case gtGuilty client gtNo contestable legal issues gtLegal obligation to take plea back to client gtClient is happy w outcome Blumberg practice of law as a confidence game I Objectives How do defense attorneys facilitate plea bargaining Is the relationship between prosecutor and defense attorney adversarial What do defense attorneys do for their fees What motivates defense attorneys to participate in plea bargaining What is plea bargaining I How most cases are processed Mutually beneficial exchange btwn defense atty amp prosecutor Case profitable for defense atty Prosecutor pressured by speedy trial restrictions Going rate standard plea bargain lCharge bargaining lesslower charges lSentence bargaining lower overall sentence concurrent vs consecutive sentences What motivates defense attorneys to participate in pb I Defense atty active participant 1St to suggest guilty plea Convince relatives to pressure clients to pb I Fee collected in stages from relatives I Defense atty in a key strategic position as double agent to c0nvi39nce client to pb I In best interest ofjudge amp prosecutor as Well I Stage performance in courtroom backdropquottongs dramatic plea for leniency What does defense atty do for fee I She already knows the standard plea Needs to convince client to accept it I After that one quick phone call to prosecutor amp you are done Blumberg cont ed I Shortcuts pb amp rule breaking to maintain production norms Role conflict case pressure vs due process of the law Client secondary figure I Practice of law as a confidence game Doctor who charges for a placebo something for nothing I Take home messageit is in the best financial interest of defense atty s to participate in pb Next class I Recap TOPIC 11 courts Blumberg I TOPIC 12 prison life Criminal justice P100 Exam 2 Review Topic 5 Secrecy and Ethics 1 Difficulty studying crime and C actors 11 Research Ethics a Protecting subjects from harm i Physical harm ii Anonymity iii Confidentiality iv Informed consent and voluntary participation b Exposing research subjects to harm i Guaranteeing confidentiality ii Deceiving and lying to research subjects iii Participating in criminal activity 0 Criminology scientific study of crime 0 Also study behavior of C actors 0 Not an easy job given secrecy of criminal behavior 0 Uncomfortable topics I Questions on sensitive topics I C actor are you discriminating against certain groups 0 Study criminal behavior unique challenges 0 Little protection for researcher with court testify 0 Collecting observational data balancing act I Protect research subjects from harm o Harm for criminal embarrassment lose job break up marriage and family criminal prosecution o Harm for C actor civil lawsuit prosecution overturn previous cases lose job get reprimanded by your boss I Be a good citizen and report criminal behavior 0 EX potential harm for racist police officer 0 Observe racist police officer report to supervisor or study to increase our understanding of racism among police officers 0 2 key issues 0 The secrecy surrounding criminal behavior 0 The possibility of harm from research I Example of physical and psychological harm o Nazi war crimes Tuskegee Stanford Prison Experiment 0 Examples ofphysical harm o Nazi Medical War Crimes I quotmedical experiments on thousands of concentration camp prisoners o Tuskegee AL syphilis study sponsored by US Public Health Service I Long term study of black males in 1930s thru 1972 on effects of untreated syphilis 0 Students as correctional officers or inmates I Purpose of study to see if the ICE ofbeing a correctional officer makes you engage in brutality OR if it s the type ofpeople criminals that you guard that cause it The quotprison guards withheld food psychologically and physically tormented rebellious prisoners 1 Informed consent and voluntary participation a Informed consent i Be honest with criminals and C actors about the purpose ofyour research 1 If there is potential for HARM especially physical harmtell them b Voluntary participation i Make sure it is clear to criminals and C actors that participation is voluntary and that they can expect no special rewards for participating 1 Ex Nazi Medical War Crimes a Torture mutilation injections genetic experiments 2 Tuskegee Syphilis Study a Participants not told about their disease and not offered treatment 3 Study of prison inmates a Are quotvolunteersquot motivated to score points with parole board or to get good time credits 2 Other ways to protect research subjects keep identity secret a Different levels ofprotection i Anonymity 1 Researcher has no quotguilty knowledge about criminal activity for each individual studied a EX anonymous selfreport survey of criminal behavior vs observational studies i Cannot attach the info to a specific person ii Confidentiality 1 Researcher has quotguilty knowledge but promises not to divulge that info to anyone a EX face to face interview b EX Adler with drug dealers Van Maanen with police Humphreys with tearoom trade 3 Deceiving and lying to research subjects a Polar opposite ofinformed consent i Adler s study of drug dealers smugglers 1 Gradually cultivate relationships and then inform them ii Humphrey s quottearoom trade 1 Observed tearooms and then interviewed over 100 participants 2 Used police contact to obtain addresses from license plates 3 Disguised himself and lied to respondents and said he was conducting a quothealth survey a Classic example of crossing the line didn t protect his subjects nor got informed consent also took too many risks 4 U39l V 6 justification for lyingdeception a No other way to study tearoom or drug dealers i Too much secrecy and mistrust ii Signals to sort cops from participants 1 Nonverbal iii No studies of high level drug dealers b Humphrey s 2 reasons i Assume a new face is a vice cop only observe ushing toilets ii Needed to talk to participants to understand who they were and why they participated license plates c Adler s quotcovert role don t tell ab out study at first i Good part question and observe more drug dealers ii Bad part putting herself and her drug dealer friend at great risk Research observational data balancing act a On the one hand i Risky because of potential harm for research subjects 1 Adler drug dealers Van Maanen police officers b On the other hand i Value of research 1 What do we know about drug dealerssmugglers c Scale counter balanced by protections and strong justifications i Why would it be useful to learn more about tearoom trade 1 Humphreys didn t do enough to protect d Middle ground i Recognize value of research ii Try to minimize harm whenever possible 1 Informed consent and voluntary participation a All research is risky to some eXtent e Have very good reasons if you don t have informed consent and voluntary participation Protecting research subjects from harm Adler a Protecting confidentiality i How much they smuggled ii How they smuggled the drugs iii How it got to dealers for sell 5 V Shifted taped interviews from place to place Avoided publicity about research as Didn t publish articles until after she moved away from the area Topic 6 Classic School Theory 1 Classical school theorists as social reformers a Abuses that need correcting Supernatural causes of crime 39 Trial by ordeal iii Widespread use of death penalty iv Judges and total discretion 11 Classical school quottheoryquot or explanation a Key concepts i Free will ii Rational choice iii Deterrence and punishment of crimes b Classical school and use of scientific method 1 Classical School Theory a Objectives i Who are classical school theorists ii Why did they develop this new explanation of criminal behavior iii What are the key concepts of classic theory iv Why is classic theory relevant today v How has classic theory changed over time 2 Classical school as social reformers a Writers question entire criminal process b PreEnlightenment Inquisition c Abuses that need correcting i Supernatural causes of crime 1 Devil made me do it ii Trial by ordeal 1 Burned at the stake water wheel a Brave heart torture scene iii Widespread use of death penalty 1 Crimes punishable by death today Back then iv Judges and total discretion 1 Application of the law for rich vs poor 3 Classical school quottheoryquot or explanation for crime a Key concepts i Free vvill ability to make own choices ii Rational choice right vs wrong decisions iii Deterrence and punishment of crimes operates on rationale 1 3 principles of punishment associated with deterrence a certain perfect certaintypunishment 100 of time b swift punished very soon after crime committed c severe punished severely enough to stop from reoccurrence 4 Specific vs General deterrence a EX the scarlet letter i As general deterrence wearing the A on her clothing for all to see ii As specific deterrence brand her where no one else can see it only tailored to her b EX getting caned in Singapore i In May 1994 an American youth in Singapore by the name of Michael Fay was found guilty of vandalism ii Given 4 strokes of the Rotan in Queenstown Remand Prison Singapore 1 Stripped naked padding around hips legs back 2 Specific dimensions of the cane 3 Doctor present to treat wounds long term scarring from caning 5 Classical theory a Importance of classical theory i Different from previous explanations ii Model for C15 in US today 6 Modify classical theory Neoclassical a Major difference role of free will and rational choice i Classical theory no exceptions to free will and rational choice ii Neoclassical theory certain factors inhibit exercise of free will and rational choice 1 Mitigating circumstances diminished capacity a Crimes ofpassion vs premeditated acts b Insanity c Age juvenile vs adult Topic 7 Overview of C S 1 Myth and reality in the CIS a Criminal justice funnel of crime b Discretion by C actors c Con ict and cooperation in C15 i Prosecutors and police ii Plea bargaining 1 Myth vs Reality in the CIS a 3 myths about CIS i funnel of crime 1 myth most people arrested for a crime are convicted in a court of law 2 reality official data as a measure of crime case attrition a large percent of criminal cases drop out before trial 1 self report surveys citizens only report 12 of crimes they discover 2 only solve about 20 of reported crime ii prosecutors file charges in only 12 of cases brought to their attention 1 charges can be dismissed at any point in the process ii discretion by C actors 1 myth simple job match up crime on the books with behavior of accused 2 reality C actors have lots of discretion a def freedom to choose between various courses of action or inaction i eX speeding decision to prosecute child abuse or discipline iii Con ict and cooperation in the C15 1 Prosecutors and police a Myth prosecutors and police work together closely to quotclean up the streets b Reality prosecutors and police don t work in a coordinated cooperative fashion i Communication break down 2 Adversarial relations defense attorneys and prosecutors a Myth most criminal cases are decided in court after trial b Reality most cases are decided by plea bargaining c Myth adversarial relations between defense attorneys and prosecutors d Reality high level of cooperation between defense and prosecutors plea bargaining i EX bank robber and car theft Topic 8 police discretion 1 Complexities ofpolice work a 24 hour availability jack of all trades b Role con ict c Split second decision 11 Police discretion a Definitions b Examples 1 Why is police work so complex a Three reasons 1 i l 24 hour availability jack of all trades 1 Other government agencies 9 to 5 2 The police available 247 3 Police must do a variety of tasks 4 Police must solve a variety ofproblems with little or no formal training a Police must be crime fighter lawyer EMT mediator social worker doctor mental health expert counselor Role con ict 1 Responsibilities ofpolice are contradictory or con icting 2 Con ict between protect the public and protecting individual rights a Crime control model exibility to protect public and not let criminals slide by Make assumptions about future suspects b Guilty till proven innocent c Interrogation and searchseizure i Case law or Constitution Miranda Rights 3 Due process model primary concern about protecting individual rights a Fight crime but protect our privacy 4 Individual rights often hinder a police officer in trying to protect the public a Fleeing felon rule can t shoot a felon if they are running away restricts use of deadly force unless they are a major threat to you or the general public b Supreme Court cases Miranda stop and frisk i What evidence is admissible how interrogations work and when they can stop and go through someone s things c Enforcing misdemeanor offenses officer must witness or can t arrest d Do you always need a warrant to search i Exceptions in the criminal code also exceptions to allow searches without warrants iii Split second decisions quick decisions with limited information 1 Ex attempted suicide a A hysterically crying and mentally unbalanced person tells you they just took a bottle of pills and threw them out a window b What do you do pump their stomach or just leave and hope it all turns out for the best 2 Ex use of deadly force a Call for service attempted robbery at 711 b Someone walks out with a paper bag stuffed with money and a bulge under their shirt a gun c When you tell them quotstop and put your hands up they grab for something under their shirt Topic 8 Readings objectives 0 Goldstein police work as low visibility where its done and how they are supervised work 0 Examples ofpolice work as low visibility work 0 How can the goals oflaw enforcement be inconsistent Ex of role con ict 0 Sutton getting around the 4th 0 How do police circumvent or get around the 4th 2 Police Discretion a Definition i The freedom to make a choice among possible courses of action or inaction ii Irony of police work lowest ranking officer has most discretion iii Goldstein readings 1 Full enforcement of the law is impossible selective enforcement 21 low are police deployed a Geographically dispersed with a higher concentration in high crime areas 3 How are they supervised a Low levels of supervision 4 Who is overseeing their decisionmaking a Sutton getting around the 4th b How are the police quotgetting around the 4th i Changing their info easily obtaining warrants and planting evidence b Complex job no quothard and fast rules lots of exibility when deciding what to do i EX two people have seX in a car at night 1 Do you ignore them Watch them Arrest them ii EX catching teenagers smoking pot 1 How many get caught in this situation 2 Do the police arrest EVERY time or do they just let you go sometimes with a warning Police discretion and the decision to arrest 1 Lots of research has focused on the decision to arrest factors that in uence their decision a Legal factors relevant in courtroom i Seriousness of the offense 1 How it in uences if there is an arrest a The more serious the crime the more likely they are to arrest ii Strength of evidence strong vs weak 1 Witnesses physical evidence suspect confesses a Strong evidence keeps it from being kicked out at next stage iii Victim s preference for arrest 1 Are they willing to testify a More likely to arrest ifvictim wants something done with strong evidence b Extralegal factors irrelevant in court room i Demeanor of suspect 1 Does the suspect act like an quotassholequot a Cursing arguing attempted assault 2 Will this increase or decrease chances of arrest 3 What if the suspect acted nice and respectful c Under your control you decide how to act and how the officer responds to your actions i Victimoffender relationship 1 Closest relationship husbandwife family member close friends N Somewhat close relationship acquaintances w No relationship strangers 1 Closer victimoffender relationship less likely to arrest a EX MVT or burglary i Stranger rape vs date rape and decision to arrest Topic 9 Working the street 1 Objectives E Why are police so sensitive about disrespect from citizens 9 What are the key aspects of the quotworking personality of the police 9 How does the working personality of the police affect their behavior P Why are police socially isolated from the public e How does this contribute to police solidarity 1 Skolnick Sketch ofpoliceman s quotworking personality a Potential for Violence hypervigilence very touchy i Skolnick danger and authority 1 Stereotypes for potential assailants Van Maanen Skolnick 2 Defy authority potentially dangerous 3 Why are police willing to overreact to threats from citizens ii Why are police socially isolated from public 1 How does this contribute to police solidarity a Have to rely on their other officers and not the public Forms a strong bond iii Police solidarity due to 1 Other officers back up 2 Citizens don t like hanging around police 3 Citizens like to watch but don t want to get their hands dirty b How does working personality affect police behavior i Van Maanen challenge confront categorize ii Quickjudgment about moral integrity of citizen iii Asshole criminal charge or street justice 1 Take care ofit themselves instead ofletting the courts deal with it 2 Problematic aspects ofpolice culture a What is the code of silence i Skolnick origins of code of silence danger and social isolation ii Loyalty to other officers department policies or due process concerns 1 Danger need back up iii Loyalty to other officers includes 1 Refuse to report misconduct 2 False testimony 3 Cover up misconduct iv Problems with code of silence 1 Impedes investigations into misconduct a Will witness report misconduct b Will police corroborate story c Will other officers lie to protect each other 2 Tactics of IAD internal affairs stings wires wire taps organized crime 3 IAD needs testimony from criminals 4 Credibility of police 5 Civil lawsuits for civil rights violations Topic 10 Police use of force and deadly force 0 Objectives 0 Why is it important to study police use of force and deadly force 0 Can police departments control the use of deadly force by police officers How can violent crime be used to explain use of deadly force by 0 police 0 Measurement ofpolice use of deadly force 1 Fyfe Police use of deadly force research and reform a What is deadly force b Why is it important to study deadly force c President s commission 1967 Police task force chair chapman virtually absence ofwritten policies for use of deadly force Chapman 1961 survey of 71 Michigan PBS with 10000 population 1quot1 02 1 54 with no written policies on use of firearms 2 727 departments relied on quotoral policyquot d Fyfe legal and administrative controls on deadly force i Before 1967 very few administrative policies ii Instead departments referred back to state law to give officers guidance in use of deadly force 1 Broad guidelines 2 Guidelines set for citizens not police different needs for use of firearmsdeadly force 3 Departments were resistant to writing formal policies iii Police use of deadly force sparked race riots all over the country in 1967 why commission was formed and guidelines questioned e llomicide rates and violent crime as an explanation for deadly force i Why is police use of deadly force related to homicide rates and violent crime arrests ii Measurement ofpolice use of deadly force 1 What are some problems with using fatal shootings by police to study use of deadly force a Tip of the iceberg measurement of use of deadly force 2 Would also include discharging their firearm considered deadly force even if they don t hit the suspect a Bullets have to go somewhere innocent victims 1980 international association of chiefs ofpolice vote 4 to 1 supporting eeing felon rule 1980 critique police foundation that argued that deadly force were immediate cause of 1960s riots 1983 deadly force only in defense oflife i Fyfe credits research findings and civil liability for reducing use of deadly force by police footnote 4 i Better measures and more specific policies i Discharge firearm report ii More training to match deadly force with level of threat from suspect 2 Fyfe a Explaining police use of deadly force i Environmental factors outside of control of department 1 Strong relationship between homicide rates and violent crimes and deadly force ii Internal organizational explanations 1 Resistance to implement restrictive department policies on use of deadly force 2 No policy more elective shootings choice b Internal org department policies gt environmental factors to account for police use of deadly force Topic 11 Criminal Courts and Plea Bargaining 1 Law school training and criminal court processing a Law school training and newcomer expectations b Realityhigh rate of plea bargaining 11 Process ofnewcomer adaptation a Why do newcomers adapt to pb b Becoming a skillful plea bargainer 1 Background a This is your life i I m going to law school criminal law ii Ouch you didn t graduate in the top 1 or make law review 1 Memo to self goodbye 6 figure job on Wall Street iii Poor grades 15tyear graduate top 50 b Where will you get a job i The C15 is always looking for prosecutors or defense attorneys 1 Disadvantages overworked and high case loads 2 Advantages get experience quick and then jump to private practice 2 Law school training and expectations ofnewcomers a Newcomers fresh out of law school b Expectations about how criminal courts work based on law school training i Newcomer expectation about a typical criminal case 1 Every case is thoroughly researched 2 Every case has disputable legal questions ii CIS adversarial 1 File motions bill of particulars and motion of discovery argue these points in a formal court hearing iii Trials resolve legal issues in cases iv Plea bargaining 1 Newcomers ignorant of pb 2 pb due to a lazy lawyers or b overwhelming amount of case pressure 3 Newcomer expectations Not true a Shaped by training and TV b Reality typical criminal case high rate of pb i Over 90 of criminal cases are decided by pb not during a trial 1 Definition defendant in a criminal case relinquishes their right to go to trial in exchange for a reduction in charge andor reduction in sentence ii Pb not due to high case pressure iii Law school did not prepare them for pb 4 Process ofnewcomer adaptation a Why do newcomers adapt to pb 2 step process i Learning component start seeing what a typical court case looks like 1 Newcomer expects most criminal cases with disputable legal question 2 Reality about 90 of defendants are guilty 3 Newcomer expects majority of time spent in court contesting these legal questions 4 Reality most defendants readily admit guilt and are willing to plea ii Teaching component 1 Newcomer gets sanctioned by prosecutors and judges if they do not cooperate with plea bargaining a EX new defense attorneys file motions for discovery and bill ofparticulars with prosecutor b Prosecutors don t like because Time consuming oral vs written communications p Written responses grounds for dismissal 5 Newcomer adaptations a Specific sanctions used by prosecutor and judge i Private meeting quotin chambers with prosecutor and judge ii quothasslingquot make your job much more difficult 1 dragging out cases over a long period oftime closing all prosecutorial files to defense attorney prosecutors refuse to pb heckled or criticized by judge in open court 911F935 quottrial taX more severe sentence as punishment for defendant if they insist on a trial and refuse to pb b ip side rewards of pb lenient sentence i weak case guilty client i iii No contestable legal issues i lt Legal obligation to take plea back to client Client is happy with outcome lt 6 Blumberg practice of law as a confidence game a Objectives i How do defense attorneys facilitate pleabargaining 1 Is the relationship between prosecutor and defense attorney adversarial ii What do defense attorneys do for their fees iii What motivates defense attorneys to participate in plea bargaining 7 What is pleabargaining a How most cases are processed i Mutually beneficial exchange between defense attorney and prosecutor 1 Case profitable for defense attorney ii Prosecutor pressured by speedy trial restrictions b quotGoing rate standard plea bargain i Charge bargaining lesslower charges ii Sentence bargaining lower overall sentence concurrent vs consecutive sentences 8 What motivates defense attorneys to participate in pleabargaining a Defense attorney active participant i 1st to suggest guilty plea ii Convince relatives to pressure clients to p b b Fee collected in stages from relatives c Defense attorney in a key strategic position as quotdouble agent to convince client to p b d In best interest ofjudge and prosecutor as well e Stage performance in court room back drop for dramatic plea for leniency 9 What does defense attorney do for fees a They already know the standard plea i Need to convince client to accept it b After that one quick phone call to prosecutor and you re done 10Blumberg a Shortcuts pb and rule breaking to maintain production norms i Role con icts case pressure vs due process of the law ii Client secondary figure b Practice of law as a confidence game i Doctor who charges for a placebo something for nothing c Take home message it is in the best financial interest of defense attorneys to participate in p b Topic 12 Prison Life 0 Objectives 0 What are the 2 different viewpoints on prison life 0 What is the basis ofpower and authority for correctional officers sykes o How are correctional officers limited in their ability to control the behavior ofinmates 0 Can correctional officers control the behavior ofinmates without their consent Sykes vs Dilulio o 2 different viewpoints ofprison life 0 correctional officers need assistance ofprisoners to maintain order Sykes I need trustrespect ofinmates I Impossible to control them in every situation I Prisons dangerous and unpredictable 0 Simple explanations for riots and security problems in prisons Dilulio I Common sense security breakdowns before riots and stabbings 1 Sykes society of captives a Prisoners locked down limited privileges on a set schedule determined by prison officials b quotInfinitequot amount of power over inmate i Total control ii Sykes says quotnoquot 1 Problems with authority in prison 2 How do you get prisoners to comply with your demands 2 Prison officials with monopoly on legit means of coercion a quotthey have guns and we don t prisoner on official i 24 hour surveillance search your cell no privacy ii solitary confinement as punishment for breaking rules b Despite guns and surveillance and searched infractions are very commonconstant i Violence fraud sexual assault etc ii Not isolated instances 3 Problems with authority ofprison officials a Authority based on 2 things i Legitimate basis for authority ii Compulsion or sense of duty to obey missing in inmates 4 Prison officials limited in coercingforcing captives to follow rules a Ratio of correctional officers to inmates b Prison gangs i Gang riots what is more important loyalty or rules ii Badge of courage for inmates to kill seX offenders c Limited rewards and punishment Few privileges visiting recreational h l Possible punishment from other inmates vs legit punishment from officials ii39 Consequences and codes of conduct 5 Lowest ranking official correctional officer Sykes a Must report infractions prevent quarrels from escalating enforce the rulesregulations b CO with con ict ofloyalties i Must enforce the rulesregulations prison official 1 Constrained y limited rewards and punishments ii Needs the help ofinmates to do his job and get pay raises ie dirty cell blocks fights etc 1 Cell block runner as a helper deliver mail 6 How does CO get the help ofinmates Sykes a No good system rewardspunishments i Best way ignore certain offenses or make sure he won t discoer them 1 Makes a quotdealquot to tolerate disobedience in certain areas in exchange for compliance in others b Paradox of authority in prison i CO must tolerate violations of minor rules to get compliance in quotmajorquot areas needed to maintain order 1 Discretion of CO 9 selective enforcement of rules 7 Dilulio Well governed prisons are possible a Key role of managementleadership Make security central part of mission p Riots and prison violence due to lack of rule enforcement ii39 Letting inmates participate in part of the problem not the solution b Sykes quotcons run the joint AKA inmates running the asylum h l Sociologists interested in social dynamics and social structure ofprisons 1 Racialethnic composition of prisons very strong informal culture in prisons 2 As strong or stronger than level of control ofprison officials ii39 Historical conteXt race riots and prison riots iv Focus on limitations of formal authority in prisons c Dilulio i Public administrationpublic management ii Key role ofleadership plus mission statement in prisons 8 Key role ofleadership a Quality of prison management quality ofprison life i Stable managementleadership long tenure ii Clear mission statementcustodial role of all employees 1 Focus on protecting inmates and security iii Management by walking around 1 Better reputation of warden from both CO s and prisoners 2 Leaders make key alliances with politicians judges journalists reformers a Invite outsiders to see prison conditions and how prison operates i Openness and alliance building Criminal Justice 111510 Last classTopic 11 courts 0 Fresh out of law school 9 you did not excel o What do you do for a job 0 Work for CJUS as public defender or prosecutor o Courts need to process cases in a timely manner I Not private practice governmentjob Law school training amp expectations of newcomers Heumann o Newcomers fresh out of law school 0 Expectations about how criminal courts work based on law school training 0 Newcomer expectation about a typical criminal case I Every case is thoroughly researched Newcomer expectations 0 Newcomer expectation about typical criminal case 0 Us adversarial I File motions bill of particulars amp motion ofdiscovery 9 argue these points in a formal court hearing 0 Trials resolve legal issues in cases 0 Plea bargaining I Newcomers ignorant of plea bargaining I Plea bargaining due to a lazy lawyers or b overwhelming amount of case pressure Newcomer expectations not true 0 Shaped by law school training amp TV 0 REALITY typical criminal case high rate of plea bargaining 0 Over 90 of criminal cases are decided by plea bargaining not during a trial 0 Definition defendant in a criminal case relinquishes hisher right to go to trial in exchange for a reduction in charge andor reduction in sentence 0 Plea bargaining not due to high case pressure 0 Law school didn t prepare them for plea bargaining Process of newcomer adaptation 0 Why do newcomers adapt to plea bargaining Two step process 0 Learning Newcomer expects REALITY Most criminal cases with J39 I ble legal quest About 90 of 39 39 are guilty Majority of time spent in court contesting these Most defendants readily admit guilty amp are willing legal question to plea 0 Teaching component 0 39 gets 39 39 by r and judges if they do not cooperate with plea bargaining I Example new defense attorney files motion for discovery and bill of particulars with prosecutor I Prosecutors don t like this because 0 Time consuming oral vs written communication 0 Written response 9 grounds for dismissal Exam II Review partial 0 Multiple choice truefalse 0 2530 questions 0 6070 lecture 3040 from the readings 0 You will be tested on parts of the readings that we haven t covered in class 0 No perfect overlap between lecture and readings General Tips 0 Outlines and objectives 0 Do the readings o Read the notes carefully o If you just focus on this material in the review you will not do well on the exam 0 The grades for exam II are usually lower than exam Topic 5 Secrecy and ethics observing crime and deviance o Secrecy given potential for harm 0 Research ethics protects subjects from harm 0 Who are the research subjects in the three observational studies I Adler Humphreys Von maan o What did researchers do to protect research subjects 0 Justifications for exposing research subjects to harm Topic 6 Classical theory 0 Objectives 0 Social reformers not scientists 0 Key concepts free will rational choice and deterrence 0 General and specific deterrence scarlet letter 0 Problems 9 modify classical school 9 neoclassical theory Topic 7 Overview of the CJS 0 Myth vs reality of the CJS 0 Case attrition and the funnel of crime 0 Discretion of criminal justice actors 0 Conflict and cooperation in the CJS Topic 8 Police discretion 0 Reasons for complexities in police work 0 EX s of discretionary decision making 0 Objective for the readings Goldstein and Suttin o The decision to arrest 0 Legal and extralegal factors Topic 9 Working the street 0 Listed objectives 0 Why are police sensitive about disrespect o How does working personality of the police affect police behavior 0 Working personality of the police and police solidarity or police culture Topic 10 Police use of force and deadly force 0 Objectives 0 Why is it important to study police use of force and deadly force 0 Can police departments control the use of deadly force by police officers Topic 11 Criminal courts 0 What are expectations of newcomers o How do they match up with the reality of criminal courts 0 How do newcomers adapt to plea bargaining 0 Objectives Powerpoint from wed o How do defense attorneys facilitate plea bargaining o What do defense attorneys do for their fees 0 What motivates defense attorneys to participate in plea bargaining