Final Exam CCJ 3024 Gu
Residential Community Corrections
A convicted offender is housed in a nonsecure facility from which they go to work, attend school, or participate in treatment programs. This usually serves as a pre-prison sentencing alternative and is run by probation departments and other correctional authorities. More than 2000 state-run community-based facilities are in use today, and up to 2500 private nonprofit programs.
Day Fine
A fine that is geared to an offender's net daily income in an effort to make fines equitable. Not widely used in the United States.
Probation Eligibility
A means to reducing the population overload in an overcrowded and underfunded correctional system. Not restricted to petty or first time criminals. More than 30 percent of first time felons are sentenced to probation and about 15 percent of repeat felony offenders are given community sentences.
Day Reporting Centers
A nonresidential community based treatment program. Evaluations show that these facilities can be successful at reducing recidivism. Work better with older and more experienced offenders.
The Nature of the Bargain
A plea bargain can be made in four ways: The initial charges may be reduced to those of a lesser offense which automatically reduces the sentence. If there are many charges, the prosecutor may reduce the number of charges. The prosecutor may promise to recommend a lenient sentence. The prosecutor may alter a socially offensive charge to one that is more socially acceptable in exchange for a guilty plea (example: child molestation is charged as assault).
Specific Deterrence
A punishment designed to deter the specific criminal from committing another crime. Claims for a specific deterrent effect are weakened by data showing that more than 80 percent of inmates who are released from prison have had a prior conviction, and 68 percent will reoffend soon after their release. In some instances, severe punishments may increase reoffending rates, as punishment may bring defiance rather than deterrence.
Sentencing Guidelines
A set of standards that define parameters for trial judges to follow in their sentencing decisions. Implemented by determinate sentencing states and the federal government. Attempt to formulate what an "ideal" sentence would be for a particular crime and offender.
Courts of General Jurisdiction
A state or federal court that has jurisdiction over felony offenses (approx. 2,000 in the US) Referred to as felony, superior, supreme, county or circuit courts May also be responsible for reviewing cases on appeal from courts of limited jurisdiction State criminal appeals are in one of the appellate courts, which review issues of law and fact appealed from the trial courts Criminal appeals represent only about 1/4 of the total number of cases processed by the nation's appellate courts
Bail
A sum of money that serves as a bond to ensure the accused will return to trial
Pros Of Plea Bargaining
Administrative efficiency Reduces criminal prosecution costs Prosecution devotes more time to serious cases Defendant avoids a possibly long sentence Resources can be devoted more efficiently to cases that need greater attention.
Federal Appeals Courts
Also referred to as circuit courts and these courts neither retry cases nor determine whether the facts during trial support conviction or dismissal Purpose of these courts is to analyze judicial interpretations of the law and reflect on the constitutional issues involved Federal court criminal cases make up only a small % of appellate cases, but steps have been taken to make appeals process more difficult
Legal Services for the Indigent
An indigent defendant, one who lacks the funds to hire a private attorney, is entitled to free counsel. As many as 90 percent of criminal defendants are considered indigent. Recoupment is the process by which the state later recovers some or all of the cost of providing free legal counsel to an indigent defendant, yet indigent legal services cost more than $1.5 billion per year. Today about 3000 state and local agencies are providing indigent legal services in the U.S. More than 4.5 million offenders are given free legal services each year. There are three types of systems to assist indigent defendants: public defender system; assigned counsel systems, and contract systems
Administration of Probation Services
Approximately 2,000 adult probation agencies
Preventative Detention
Avertable recidivists are offenders whose crimes could have been prevented if they had not been given discretionary release and held in jail. Has been a concern for civil libertarians who believe it violates the due process clause of the Constitution because it means that a person will be held in custody before proven guilty
Risk Classification
Categorizing probationers and then assigning them to a level and type of supervision based on their particular needs and the risks they pose to the community. Evaluations of risk assessment instruments show that, used properly, they can be highly valid and effective.
Legal Rights of Probationers
Civil Rights: Probationers are entitled to fewer constitutional protections than other citizens. Minnesota v. Murphy - the probational officer-client relationship is not confidential. Griffin v. Wisconsin - a probationer's home may be searched without a warrant on the grounds that probation departments have in mind the welfare of the probationer and must respond quickly to evidence of misconduct. United States v. Knights - a probationer's home can be searched without a warrant if the search is based on reasonable suspicion that the individual committed another crime while on probation or that a condition of probation was that the individual would submit to searches.
Cons of Plea Bargaining
Coercive in inducing guilty pleas Encourages the unequal exercise of prosecutorial discretion Complicates sentencing Violates constitutional principles Allows dangerous offenders to receive lenient sentences Raises the possibility that an innocent person will receive jail time by taking a plea bargain.
Conditions of Probation
Conditions or rules of behavior that the probationer is bound to obey. The sentencing judge has broad discretion to set specific conditions on a case-by-case basis.. Probation conditions in the internet age: Probation orders now account for internet use, including avoiding certain sites or monitoring what probationers are allowed to view.
Treatment Supervision
Consists of a program of therapy designed to help the offender deal with the problems that resulted in antisocial behavior. Effective supervision also helps protect the probation department from civil liability.
US Supreme Court
Consists of nine members appointed for life terms by the president, who hear about 300 of the 5,000 cases appealed each year When supreme court reaches decision it becomes a precedent that must be honored by all lower courts Personal legal philosophy of the justices significantly affects the daily operations of the justice system
John Augustus
Credited with originating the modern probation concept.
Probation
Criminal sentence that suspends or delays a correctional term in a prison or jail. Rests on the assumption that the typical offender is not dangerous, but has the potential to reform.
Public Work and transportation in the Colonies
Criminals were made to perform hard labor for their punishment The American Revolution ended the transportation of felons to North America, but it continued in Australia and New Zealand
Is IPS effective?
Data suggests that the failure rate in IPS caseloads is high, in some cases approaching 50 percent; IPS clients have a higher rearrests rate than other probationers. IPS clients fail more often because they are more serious criminals who might otherwise have been incarcerated and are now being watched and supervised more closely than probationers. May be more effective if combined with cognitive-behavioral treatment.
The Judiciary
During a trial the judge rules on the appropriateness of conduct, settles questions of evidence and procedure and guides the questioning of witnesses The judge must be wary of the legal controls placed on the trial process by the appellate court system
The History of Community Sentencing
During the Middle Ages, judges wishing to spare deserving offenders from the pains of torture, mutilation, and death used their power to grant clemency and stays of execution.
The Legal Right to Bail
Ender English common law, criminal defendants were eligible to be released before trial. After the Revolution, Congress passed the Judiciary Act of 1789, which set out conditions for bail and limited judicial discretion in setting bail amounts. If a crime is bailable, the amount set should not be frivolous, unusual, or beyond a person's ability to pay. The Eighth Amendment prohibits "excessive bail."
Extent of Probation
Even dangerous offenders who might normally be sent to a penal institution can be successfully rehabilitated in the community if given the proper balance of supervision, treatment, and control. Over 4.2 million people are currently on probation and the adult probation population has grown significantly during the past decade.
Duties of Probation Officers
Five tasks: investigation, intake, diagnosis, treatment supervision, and risk classification.
Prosecutorial Discretion
For a variety of reasons a substantial percentage of defendants are never brought to trial The prosecutor decides which cases should be brought to trial and which cases should be dismissed Even if the prosecutor pursues the case, charges may later be dropped if conditions are not favorable for a conviction (nolle prosequi) Discretion is usually used to screen out the weakest cases
How a case gets to the supreme court
Four of the nine justices must vote to hear a case brought forth by a writ of certiorari for review In reaching a decision, the supreme court reevaluates and reinterprets state statutes, the US constitution and previous case decisions
Types of Bail
Full cash bail - pays the full bail amount out of pocket Deposit bail - deposits a percentage of the bail amount, typically 10 percent, with the court; the deposit is returned when the defendant appears in court Surety bail - pays a percentage of the bond, usually 10 percent, to a bonding agent, who posts the full bail; fee is not returned to the defendant when appearing in court; most common type with felony defendants, followed by release on recognizance and conditional bail Conditional bail - released after promising to obey some specified conditions in lieu of cash Unsecured bond - released with no immediate requirement of payment Release on recognizance - released without bail upon their promise to return for trial
The Goals of Punishment
General Deterrence Incapacitation Specific Deterrence Retribution/Just Desert Rehabilitation Diversion Equity/Restitution Restoration
General Deterrence
General deterrence is designed to convey to the community that crime does not pay and thereby deter other individuals from committing crime. The need to deter crime must be balanced against the need to dispense fair justice. Some justice experts believe that the recent decline in the crime rate is a result of increasing criminal penalties. Because the justice system is still inefficient, the general deterrent effect of punishment is less than desired
State Court Systems
Great deal of diversity in court organization between states; each state maintains its own state court organization, with each state permitted to create as many courts as they wish, name as they see fi and establish specialized courts
Advantages of Intermediate Sanctions
Has the potential to save money. Help meet the need for developing community sentences that are fair, equitable, and proportional. Can increase control over probationers whose serious or repeat crimes make a straight probation sentence inappropriate, yet for whom a prison sentence would be unduly harsh and counterproductive. Can reduce correctional overcrowding. Can be used as halfway-back strategies for probation and parole violators.
Courts of Limited Jurisdiction
Have jurisdiction over misdemeanors and conduct preliminary investigation of felony charges Referred to as municipal courts, county courts, district courts and metropolitan courts based on the state they are located in Criminal Matters: punishment may be limited to fines, community sentencing, or incarceration in the county jail for up to one year. State Lawmakers may respond to particular social problems by creating a specialized court that focuses on treatment and care of special needs offenders like drug offenders
Federal Courts
Have jurisdiction over the laws of the U.S., treaties, and cases involving admiralty and maritime jurisdiction, as well as over controversies between two or more states and citizens of different states
Types of Electronic Monitoring Systems include:
Identity verification devices Remote alcohol detention devices Ignition interlock devices Programmed contact systems Continuous signaling devices Victim notification systems Field monitoring devices Group monitoring units Location tracking systems
Concurrent Vs Consecutive Sentences
In a concurrent sentence prison sentences for two or more criminal acts are served simultaneously and run together. In a consecutive sentence prison sentences for two or more criminal act are served one after the other.
Diversion
In the case of non-dangerous offender, the judge may allow a diversion into a community correction program for treatment.
Types of Prosecutors
In the federal system, United States Attorneys serve as the nation's principal litigators and are appointed by the president. In urban jurisdictions the structure of the district attorney's office is frequently specialized, with separate divisions for felonies, misdemeanors, and trial and appeal assignments. In rural offices the chief prosecutor handles many of the criminal cases personally
Cost of defending the poor
Increasing numbers of drug cases, mandatory sentencing, and overcharging have put tremendous stress on defender services. The system is also overloaded with appeals by indigent defendants. Only 3 percent of justice expenditures are devoted to the indigent defense system.
Sentencing Models
Indeterminate Sentences: A term of incarceration with a stated minimum and maximum length and the prisoner is eligible for parole after serving the minimum This is the most widely used type of sentence and the purpose is to individualize each sentence to the offender Determinate Sentences: Determinate sentence is a fixed term of years of incarceration, the maximum set in law by the legislature
Cases may be rejected or dismissed due to:
Insufficient evidence Witness problems The interests of justice Due process problems A plea on another case Pretrial diversion Referral for other prosecution
Duties of a Defense Attorney Include
Investigating the incident and interviewing relevant parties Discuss the matter with the prosecutor Representing the defendant in pretrial motions, entering plea negotiation, preparing for trial, representing the defendant at trial Providing assistance at sentencing Determining the appropriate basis for appeal
Rehabilitation
Involves programs that treat, rather than simply incarcerate the offender and improve their likelihood for success upon community re-entry.
Forfeiture
Involves the seizure of goods and instrumentalities related to the commission or outcome of a criminal act. Reintroduced to the U.S. with the passage of the Racketeer Influenced and Corrupt Organization (RICO) Act and the Continuing Criminal Enterprises Act which allow the seizure of any property derived from illegal enterprises or conspiracies.
Assigned Counsel System
Involves the use of private attorneys appointed by the court to represent indigent defendants. The private attorney is selected from a list of attorneys maintained by the court and is reimbursed by the state for any legal services rendered to the client. Usually found in rural areas which do not have sufficient caseloads to justify a full-time public defender staff. An assigned counsel system can be either ad hoc or coordinated. Negatives include: unequal assignments, inadequate legal fees, lack of supportive or supervisory services, frequent use of inexperienced attorneys, and the tendency to use the guilty plea too quickly. Advantages include: simple to operate and offers the private bar a role in the indigent system.
How Successful is Felony Probation
It is of some concern that felons who commit violent offenses are granted probation. Studies show that felons who receive probation are less likely to recidivate than felons who are sent to prison for committing similar crimes.
Awarding Probation
Judges grant probation at their discretion. Some states have attempted to shape judicial discretion by creating guidelines for granting probation. It is common for a judge to assign a suspended sentence, wherein a period of incarceration must be carried out if the offender does not follow the probation conditions.
The Rise of the Prison
Legal philosophers suggested that physical punishment be replaced with confinement and incapacitation in penitentiaries. By 1820, long periods of incarceration in walled institutions called reformatories or penitentiaries began to replace physical punishment in England and the United States.
State Vs Local Control
Locally controlled departments tend to be smaller and more flexible, being able to adjust more quickly to change, and less encumbered by bureaucratic rigidity. A state administered system can set standards of service and ensure uniformity of procedures.
Fines
Monetary payment imposed on offenders as intermediate punishment
Future of Probation
More financial resources must be provided to implement quality programming for appropriate probation target groups. New initiatives include: Making probationers pay HotSpot probation using community supervision teams to monitor offenders Organizing probation caseloads around areas rather than clients
The Role of The Judge in Plea Bargaining
Most learned legal bodies frown on judicial involvement in the plea bargain process but most states still permit the judge to participate Judges must approve plea agreements
Sentencing Grid
One guideline is the creation of a grid with an offender's prior record and current offense as the two coordinates and set out specific punishments
The Prosecutor
One of the two adversaries in the criminal trial process. Prosecutor has been appointed or elected to be a pubic prosecutor responsible for bringing the state's case against the accused and must abide by the American Bar Association's Model Code of Professional Responsibility Is a political figure who has a party affiliation, a constituency of voters and supporters, and a need to respond to community pressures and interest groups.
The Criminal Court Process
Plea negotiations/plea bargaining and other nun judicial alternatives, such as diversion, are far more common than the formal trial process Overloaded court dockets have resulted in "assembly-line justice" wherein most defendants are induced to plead guilty, jury trials are rare and a speedy trial is usually unattainable.
Alternative Bail Release Mechanisms
Police field citation release - an arresting officer releases the arrestee on a written promise to appear in court made at or near the actual time and location of the arrest Police station house citation release - the determination of an arrestee's eligibility and suitability for release and the actual release of the arrestee are deferred until after he/she has been removed from the scene of an arrest and brought to the station or police headquarters Police/pretrial jail citation release - deferred until after he/she has been delivered by the arresting department to a jail or other pretrial detention facility for screening, booking, and admission Pretrial/court direct release by pretrial bail program - pretrial program courts may authorize pretrial programs to release defendants without direct judicial involvement Police/court bail schedule - an arrestee can post bail at the station house or jail according to amounts specified in a bail schedule .
How Successful is Probation
Probation is humane, it helps offenders maintain community and family ties, and it is cost-effective. Data indicates that about 60 percent of probationers successfully complete their probationary sentence and about 40 percent are either re-arrested, violate probation rules, or abscond. Even the most serious criminals receiving probation are less likely to recidivate than those who are sent to prison for similar crimes.
Intermediate Sanctions
Programs typically administered by probation departments that include intensive probation supervision, house arrest, electronic monitoring, restitution orders, shock probation, split sentences, residential community corrections.
The Exercise of Discretion
Prosecutorial discretion is subject to few limitations and often puts the prosecutor in the position of making difficult decisions without appropriate policies and guidelines. Prosecutorial discretion is rarely reviewed by the courts unless the prosecutor specifically violates a defendant's constitutional rights.
Contract System
Provision of legal services to indigent defendants by private attorneys under contract to the state or county A block grant is given to a lawyer or firm to handle indigent defense cases Contract attorneys are at least as effective as assigned counsel and are cost effective
Judicial Qualifications
Qualifications for judges vary from state to state Number of agencies have been created to improve the quality of the judiciary In most states those appointed to the bench have had little or no training in how to be a judge
Bail Reform
Reform programs depend on the defendant's recognizance, instead of on financial ability; conversely there is also a trend to deny people bail on the grounds that they are a danger to themselves or others.
House Arrest
Requires a convicted offender to spend extended periods of time in their own home as an alternative to incarceration. No definitive data exist that house arrest is an effective crime deterrent.
Restitution
Requires the offender to repay the victim (monetary restitution) or society (community service) damage caused by a criminal activity.
Plea Bargaining Reform
Safeguards to prevent defendants from pleading guilty under coercion include: The judge questions the defendant about the facts of the guilt plea before accepting the plea The defense counsel is present and advises the defendant of his/her rights The prosecutor and defense attorney openly discuss the plea Full information about the defendant and offenses is made available to ensure a reasonable plea If plea bargaining were limited or abolished, the number of trials may increase, the sentence severity may change, and more questions regarding the right to a speedy trial may arise. There tends to be less bargaining in states that limit judges' sentencing discretion.
Investigation
Serves as the basis for sentencing and controls whether the convicted defendant will be granted community release or sentenced to secure confinement. Provides a foundation for shaping a treatment program and supervision efforts. The style and content of pre-sentence investigations may vary among jurisdictions and also among individual probation officers within the same jurisdiction.
Shock Probation and Split Sentencing
Shock probation is a sentence in which offenders serve a short term in prison to give them an idea of the pains of imprisonment prior to beginning a sentence of probation. Split sentencing is when a brief term of incarceration is set as a condition of probation. Some states have linked the short prison stay with a boot camp experience, referred to as shock incarceration.
Plea Bargaining
Started in the late 19th century Today this is the cornerstone of the informal justice system
The Victim and Plea Bargaining
Statute does not require the prosecutor to defer to the victim, however many prosecutors do consult the victim prior to offering a plea negotiation.
Specialized Probation
Teams of probation officers take on clients convicted of one specific type of crime rather than a mixed bag of offenders
Release on Recognizance
The Bail Reform Act of 1984 established the presumption of ROR, mandated that no defendants should be kept in pretrial detention because of lack of financial resources, formalized restrictive preventive detention provisions, and required that community safety and flight risk be considered in the release decision.
Procedures Following Arrest
The accused goes to the police station where police list the possible criminal charges and obtain information for booking. For a misdemeanor, the accused in ordinarily released on their own recognizance after the complaint is filed. For a felony, an information or indictment is prepared and goes before either a grand jury or a preliminary hearing to determine if there is enough evidence to proceed with the charges.
The Defense Attorney
The attitude toward defense attorneys has somewhat changed with the interest in constitutional requirements regarding the right to counsel Face many role conflicts as an officer of the court
Ethical Issues
The defense attorney acts as a defense advocate and an officer of the court and is confronted with conflicting obligations to the client and the profession. One major ethical responsibility is attorney-client privilege, which is being challenged by the government in the wake of September 11, 2001. Ethical challenges of the defense attorney and the prosecutor vary due to their varied roles in the adversarial process.
From exile to fines, torture to forfeiture
The development of common law in the 11th century brought some standardization to penal practices, however the wealthy could buy their way out of punishment and the poor were punished at increasing rates. Prior to this during the Middle Ages, there was little law or governmental control.
Public Defenders
The first public defender program in the U.S. opened in 1913 in Los Angeles. Generally administrated at one of two government levels, either state or county. Most public defender offices can be thought of as law firms whose only clients are criminal offenders. About 1/3 of states have a statewide public defender's office.
Equity/Restitution
The goal is for the offender to compensate the victim(s) and society for losses caused by the crime.
Restoration
The goal is to restore the offender to good standing in society.
Diagnosis
The goal of diagnosis is to develop a personality profile to assist treatment of the offender.
Zero Tolerance
The government has been over-zealous in its application of forfeiture laws
Incapacitation
The policy of keeping dangerous criminal in confinement to eliminate the risk of their repeating the crime. Incarceration trends may influence crime rates but that crime rates may be more closely related to other factors such as population makeup, police effectiveness, drug use, and the economy. The prison experience may actually increase the likelihood of reoffending.
Intake
The process in which a probation officer settles a case at the initial appearance before formal criminal proceedings are started.
The History of Punishment
The punishment of criminals reflects custom, economic conditions, and religious and political beliefs.
Defending the Accused
The right to counsel begins at the earliest stages of the justice system, usually when a criminal suspect is interrogated while in police custody. The Sixth Amendment right to counsel and the Fifth and Fourteenth Amendments guarantees of due process of law have been judicially interpreted together to require counsel in various types of criminal proceedings. The Supreme Court has extended the right to counsel to postconviction and other collateral proceedings, such as probation and parole revocation and appeal. Courts have not required assistance of counsel during lineups, booking procedures, grand jury investigations, appeals beyond the first review, disciplinary proceedings in correctional institutions, and postrelease revocation hearings.
Probation Departmental Organization
The typical probation department is situated in a single court district, and the relationship between the department and court personnel is extremely close. Probation officers have a great deal of personal discretion when they carry out their monitoring and supervision duties. An officer's uses of discretion and supervision style are influenced by personal values, caseload pressure and makeup, and the probation department's general policies and orientation.
Retribution/Just Desert
The view that those who violate the rights of others deserve punishment commensurate with the seriousness of the crime.
Probation Success and Failure
Those most likely to be re-arrested are young males who are unemployed or who have a very low income, a prior criminal record, or a history of instability. Many failures are linked to avoiding required treatment programs
District Courts
Trial Courts of the federal system with jurisdiction over cases involving violations of federal laws Jurisdiction will occasionally overlap that of state courts
Other Judicial Trial Functions
Trial judge has extensive control and influence over the other agencies of the court Sentencing discretion affects the arrest and charging processes of police and prosecutors Most research has failed to find consistent bias in judicial decision making on the basis of a defendant's gender, race or class
Making Bail
Two thirds of felony defendants are released on bail The less serious the charge the more likely the bail will be granted Prior record is an important factor in considering bail
Three Tier Hierarchy of Federal Court Jurisdiction
U.S. District Courts ---> U.S Court of Appeals ---> U.S Supreme Court
Privatization
Used in at least ten states. Can help alleviate the burden of providing effective probation services.
Mixed Systems
Uses both public defenders and private attorneys in an attempt to draw on the strengths of both Other methods include the use of law school students and prepaid legal service programs
Contemporary Probation
Usually indicated a non-punitive form of sentencing that emphasizes maintenance in the community and treatment without institutionalization or other forms of punishment. Once on probation, the offender is subject to certain rules and conditions that must be followed in order to remain in the community.
Electronic Monitoring
Usually used in combination with house arrest to ensure the offender is complying with the sentence. Due to the low cost and assumed effectiveness, electronic monitoring is being used with a wide variety of offenders, even those who have committed serious felony sex offenses
Intensive Probation Supervision
he primary goal is decarceration and this type of intermediate sanction involves small probation caseloads and strict daily or weekly monitoring.
