POLS 3600 Final Study Guide

Implementing Intermediate Sanctions

- 3 Major Questions: 1. Which agencies should implement the sanctions? 2. Which offenders should be admitted? 3. Will community corrections net widen? - Admit offenders who aren't too serious (usually 1st offender) - Difficulty fulfilling conditions - Unsatisfactory success rate - Expansion of authority

Georgia Corrections

- 4th largest prison populations in US and 2nd in percentage of residents in prison (.58%) - Aggressive Corrections - About 55,000 inmates in 2013 - prisons operate at 106% capacity (overcrowded) - this is the reason for private prisons - 1/30 men = 20-34 years old - 1/9 are black men - 2nd nationally in percent of state employees in corrections jobs in 2006 (15.9%) - 6th nationally in corrections spending ($1B, 5.4% of budget) - 2008: $17,500 per inmate/year

Rehabilitative Programs

- Limited availability - Try to treat personal defects - Not all programs work for everyone - have to find the right fit - No effort to actually CHANGE inmates

Juvenile Problems and Perspectives

- Masculine insecurity - Youth gangs and minorities - Cyber-bullying with increase of technology - Overcrowding

Burch v. Louisiana (1979)

6-member juries must vote unanimously to convict a defendant, but unanimity is not required for larger juries

Detention Hearing

A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication - Some are detained to keep them from committing more crimes - Conditions are usually poor (a lot of abuse) - Have to separate from adults (although this is not always feasible) - About 20% detained

Habeas Corpus

A writ or judicial order requesting the release of a person being detained in a jail, prison, or mental hospital; if a judge finds the person is being held improperly, the writ may be granted and the person released - Part of the appeals process, which describes a request to a higher court that it reviews actions taken in a trial court; based on a claim that one or more errors of law or procedures were made during the investigation, arrest, or trial process - Only about 1% succeed - No right to be counseled - People think this is a way of "letting off" offenders (NOT true)

Interstate Compact

When a probationer moves states, the state that they move to must monitor them

Wilson v. Sieter (1991)

"Deliberate indifference" to substandard living conditions * Cruel and unusual punishment involves MATERIAL cruelty (just being indifferent is not enough to prove this claim to be true)

Disorganized Criminal

"Misfit"; Does not fit any of the roles above - May be of low intelligence or of mental/physical disabilities - Cannot adjust to prison life - Often results in suicide

Voir Dire

"To speak the truth"; a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict - "Death qualified" juries - "Scientific" jury selection - SJS-used to find jury and tendencies in serious cases - Federal Court = 12 members - State Court = 6-12 members *Most litigants can't guess who gives authority

Counts

(Charges) Each separate offense of which a person is accused in an indictment or an information - Victim has the choice as to whether or not to press charges

GA Repeat Offender Laws

(Three Strikes) - "The toughest in the nation" ~ GA DOC - Prior Felony: Two Strikes Law - Previous felony conviction anywhere in the US; maximum provided by the law; all or portion may be probated (not necessarily doubled) - Two Prior Felony: Three Strikes Law - 2 previous felony convictions in the US and convicted of GA felony other than capital cases lead to maximum sentence without possibility of parole - Serious Violent Felony - Previous violent felony conviction in the US and convicted of violent felony in GA (other than capital cases) leads to life sentence WITHOUT parole

Trial Courts

*5-10% of cases go to trial (Per usual...variations, but generalities) - Felonies and misdemeanors for adult offenders v. juvenile offenses - Adversarial process - Depends on seriousness of the charge - Bench Trials - Jury - Jury Trial - The Trial Process - Opening Statements - Presentation of the Prosecution's Evidence - Presentation of the Defense's Evidence (Rebuttal) - Closing Arguments by Both Sides - Judge's Instructions to the Jury - Trial Decision-Making

Fourth Amendment Constitutional Right of Prisoners

*Basically lose all your rights - Few search/seizure protections - More protection of body than cell searches (ie. can't force someone to vomit) - More of a question for people on parole or probation - Hudson v. Palmer (1984) - Bell v. Wolfish (1979) - Florence v. Board of Chosen Freeholders (2012)

Parole Supervision in the Community

*Does NOT apply if you're a minor or juvenile - Condition of release - Community Programs Following Release - Parole officer is a cop or a social worker? - Parole Bureaucracy - Adjustment to Life Outside the Prison

Liability of Correctional Personnel

*High turnover rate of corrections officers - Corrections officers can only be sued if they perform an illegal act that is NOT part of the duty - Cooper v. Pate (1964) - Monell v. Department of Social Services of the City of New York (1978) - Millbrook v. United States (2003) - Rare to sue corrections officers because they don't make much money anyway

Parole Bureaucracy

*Smaller caseloads because generally have committed more serious crimes - Short on resources and expertise - Frequently classify parolees and give priority to those in need

1899-1960: Juvenile Court Period

*Try to HELP rather than punish - States provided individual care and treatments - "Child savers": use state power to save children from crime - Juvenile Court Act by Illinois (1899) - Services, state as the guardian - Treatment of deviance and scientific approach *Establishment of juvenile courts were non-adversarial so that the state must collaborate with the juvenile to improve behavior - Legal procedures, separation from adults, separate courts, and specialized treatment *Replace "criminal behavior" with "delinquent behavior" - Do NOT get this wrong - Avoid the criminal labor - Idea is that kids could be "cured" - Different standards for boys and girls

Who is in Jail?

*Violent offenders usually go to state prisons while drug offenders usually go to federal prisons (Don't usually federalize murders) - Hold people during pre-trial (depends on budget) - less serious - Many are held for less than 24 hours - June, 2007: 2.3 million prisoners, 1.6 million sentenced prisoners, and 115,000 women

Correctional Policy Trends

- 60% of population is on probation (rising 4x since 1970's) - Deterioration in quality of supervision *Half of parolees are back within 3 years because they violate parole conditions a lot - Older population and usually are drug or substance users - Get alternatives to these (ie. accountability courts - Getting tougher on prosecutions, but reward good behavior and parole grants - Overcrowding and war on drugs - No trend at the state level

Electronic Monitoring of Home Confinement

- Active Monitors - Passive Monitors - Issues with the 4th Amendment with unreasonable search and seizure due to extensive technical problems, high failure rates, and association (can't control who comes and visits you

Preliminary Hearing

- Administered by a magistrate/judge - Cheaper - States typically use this or grand jury - Alternative to grand jury - Judge presides, prosecution presents the case - Judge determines probable cause - "Bill of Information" can be filed through a true bill

Probation in GA

- Adult offenders sentences: 63% probation and 24% incarceration - About 150K Probationers statewide - 51K property (34%) - 54K drugs (36%) - 23K violent (15%) - DUI, Sex offenses (5.5%) - In 2003, 32K referrals to agencies - Cost/day: $1.43 per probationer, $3.46 for ISP Probationer (Intense Supervision Parole ) - More expensive for ISP because requires more interaction with the PO - Fees $50 GBI Fee; $23 or $29 week/probation - Interstate Compact

The Role of the Defense Attorney

- Advise the defendant and protect his or her constitutional rights at each stage of the process - Requires respect, openness, and trust between attorney and client

Misdemeanor Courts: Assembly-Line Justice

- After plea/verdict - Less than 1 year - Fairly minor - Usually sentenced on the spot - Completely processed in lower courts - Usually results in fines, community service, probation, restitution, etc. - Decisions are mass produced because 34 assumptions that judges share are that any person that appears before the court is guilty, most will plea guilty, and minor offenses will be processed in volume

Felony Courts

- After sentencing the hearing at a later date - Judges must go through more crime information - Courts of general jurisdiction - More formal and lacks chaotic assembly line environment

The Sentencing Process

- After the plea/verdict leads to sentencing (sometimes earlier) - Power is MOSTLY with the judges: some states juries determine sentence subject to judicial revision *Judges are NOT allowed to sentence the death penalty - only juries are - Major players: Judges, parole boards, prosecutors - Judicial discretion: variation at state level - Historical norms v. recent trends (less discretion for judges to create consistency through sentencing guidelines) - The Administrative Context of the Courts: Misdemeanor Courts (Assembly-Line Justice) v. Felony Courts - "Going Rate" - Attitudes and values of judges support harsher sentences for repeat offenders, even though costs are expensive - Norms: records of prosecution, probation officers, and sometimes public pressure - Statements by defense, prosecution, victims (victim impact statements), family, etc. - Pre-sentence Report - Sentencing Guidelines - Sentencing Determination - Considerations in Sentencing - Who Gets the Harshest Punishments? *Your goal is always CONSISTENCY - be honest in sentencing, reduce disparities, tendencies of federal district judges, judicial discretion and discontent with it being taken away, and dramatic rise in prison-bound convicts

Grand Juries

- Answer the question of probable cause for trial - 5th Amendment guarantee to a grand jury at the federal level - Comprised of citizens, sometimes occurs unless there's a voluntary waiver - Grand jury is NOT incorporated - Check on the prosecutor and forces the construction of a strong legal case - Check on the government - Larger than the typical jury: 16-23 members - Sit for extended periods: 1 month - 1 year - Hear multiple cases *Only the prosecutor presents evidence - NO DEFENSE IS PRESENT - Decision is by majority vote (re: indictments) through the "True Bill of Indictment" - Success rate of prosecutors = 95% - Don't usually stop the case from going forward - Grand jury usually votes for indictment - Government usually only brings cases if likely to be indicted - Use indictments instead of Bill of Information

Georgia Prisoner Reentry

- Average: male, black, 34 years old, low levels of education, 2 years served, 45% under one year (short) - Most (29%) released to supervision - Highest number (12%) to Fulton County (most populated - easy to reenter) - 36% return to prison within 3 year s(better than national average of 42%) - Most have drug problems, lack HS education, mentally ill, and serve less than half a sentence

Sentencing Determination

- Based on past practice - Evolutionary process - Basis of sentence severity - Nature of offense (ie. felony v. misdemeanor) - Acceptance of responsibility (30-40% discount) - Criminal record - Flight (did you run away from the police?), Use of firearm/body armor, use of minors, terrorism, abuse of public trust (politicians), and aggravating factors - PSI Report

From Arrest to Trial or Plea

- Booking - Must approve of probable cause - Prosecutors use decision-making power to filter cases out of the system - Move court cases quickly due to limited resources - Appearance before the magistrate within 24-48 hours is REQUIRED by the Constitution (Fourth Amendment)

1980-2005: Crime Control Period (Juveniles)

- CRACKDOWN on crime to have more emphasis on repeat offenders, leading to the sharp increase in delinquents - Parens patriae - Schall v. Martin (1984) - Increasing formality and lawyers

Parole Officer as a Cop or Social Worker?

- Can search parolee's house without warrant - Must follow PO's instructions - Granted law enforcement powers to protect community from offenders - Hard to develop close relationships with the client - Help parolee find jobs and maintain family ties - Reentry rather than monitoring

Reforming the Bail System

- Citation: Ticket - Release on Recognizance (ROR) - Percentage Bail

Pretrial Procedures

- From Arrest to Trial or Plea (Booking) - Bail: Pretrial Release - Pretrial Detention - Grand Juries - Preliminary Hearing - Arraignment - Plea Bargaining

Corrections Officer's Role

- Closest connection with prisoners - Counsel, supervise, protect, and process inmates (whatever is needed at the moment) - Follow formal procedures - Prison work: civil service, job opportunities in rural areas; dependence over time

Resource Distribution upon Release

- Clothing, small cash sums, rules, and a PO - Employment? - Some unions won't let ex-convicts join - Hard to find jobs without skills - Small businesses are most frequent employers - Temping - Manual labor

Suggested Reforms to Plea Bargaining

- Control of charges stage - Expansion of choice of representation - Expansion of pre-trial discovery - Abolition (unlikely except it's happened in Alaska due to its small population)

Juvenile Adjudication (Trial Stage)

- Counsel is present and/or provided - Waive rights in response to suggestions from the judge or probation officers - Cross-examine witnesses - Transcription of proceedings is closed to the public - Unlikely anyone will see because records are closed permanently - Cannot go back into the juvenile file (double jeopardy and help rehabilitation) - Less rights than adults - Court determines delinquency

Goals of Incarceration/Models of Incarceration

- Custodial Model - Rehabilitation Model - Reintegration Model

Prosecutor's Influence

- DISCRETION - Decisions take place away from public view

Eight Amendment Constitutional Right of Prisoners

- Decent treatment and minimum health requirements *Must meet all 3 principles to outline what is not allowed (forbidden) 1. Shocks the conscience of a civilized society 2. Punishment is unnecessarily cruel 3. Punishment goes beyond legitimate penal aims - Wilson v. Sieter (1991) - Brown v. Plata (2011) - "Totality of Conditions"

Presentation of the Defense's Evidence (Rebuttal)

- Defense isn't required to answer the case presented by the prosecution - Common strategies: contrary evidence, alibi, and affirmative defense is present *Key issue is whether accused will take the stand (worry for self-incrimination) - Cross-Examination - Presentation of rebuttal witnesses - Defense can question prosecution's witnesses

Categories of Cases under Juvenile Court Jurisdiction

- Delinquent - Status Offenses - Neglected Child - Dependent child

Organization of Probation

- Department of Corrections (DOC) is part of the Executive branch - 25% probation controlled by state or local/county function - Some local judicial administration works best when there's a close relationship between judges and supervising officers - Incarceration if probation is violated - State standards, training, and funding (ie. resource allocation)

Victims' Rights in GA

- Department of Corrections run Victim Rights programs - 1995: GA Crime Victim Bill of Rights (reflecting the national trend) - Eligibility and notification are key to informing victims - Crime Victims Compensation - Federal Constitutional Amendment (not going to be incorporated because it's too hard and there's disagreement about who would be covered (violent crime victims or non-violent crime victims?))

Goals of Three Strikes Laws

- Deterrence (reduce recidivism) - Punishment deters noncompliance - General/specific deterrence

The Reality of the Bail System

- Different treatment due to speedy decision making - Facilitates discrimination against poor minorities

Juvenile Intake Screening at the Court

- Diversion - Begins with a petition rather than an arrest warrant (like the bill of information)

Adaptive Roles of Prisoners

- Doing Time - Gleaning - Jailing - Disorganized Criminal

Effectiveness of the Three Strikes Law

- Drop in crime rate mid-1990's - Felons moving out of state - Falling crime rates before/after passage - National crime rate reduced - Temporary decline in 18-35 year age group - Marginal deterrence effect - Less likely to commit the crime if you already know about the crime *So yes, three strikes laws are pretty effective *Reduce plea bargains because NOBODY wants to plea to a felony anymore - Housing of aged prisoners ($75,000 per year) is hard - Government has a fear of greater violence because after the 3rd offense, people are likely to be more violent because they have nothing to lose since they are in prison for life - Prison overcrowding so try to downgrade the amoutn of felonies

Realities of the Defense Attorney's Job

- Encourage plea bargaining in the earliest stages of a case - Do NOT try to take every case all the way to trial - Nobody really understands the defense attorney's job - Duty is to PROTECT CONSTITUTIONAL RIGHTS, keep prosecution honest, and prevent innocent people from being convicted (fulfills the right to counsel)

Release Mechanisms (Started in 1970s)

- Expiration Release - Mandatory Release - Other Conditional Release - Discretionary Release

Federal Guidelines are Optional

- Extensive: 700 offenses; greater than 200 within states' guidelines - Prevent overly conservative or liberal federal sentencing - Examples of guidelines: alien smuggling (immigration), murder (1st degree = life, 2nd degree = 253-293 months of prison), possession with intent to distribute

Intermediate Sanctions Administered Primarily by the Judiciary

- Fines - Restitution - Forfeiture

Constitutional Rights of Prisoners

- First Amendment - Fourth Amendment - Eight Amendment - Fourteenth Amendment

Intense Probation Supervision in GA

- First state to institute IPS (1982) - Reaction to prison overcrowding and high incarceration rate (try to watch prisoners outside jail system - 5 required weekly meetings - Required curfew, community service, and employment - Weekly records check and auto notifications of arrest - Routine drug and alcohol testing - SPS for sex offenders

Jury Selection

- Forum to determine guilty or not guilty of criminally accused - Jury pools and goals in selection - Pull from the jury pool (which affects the trial process) - Questioning, dismissal, peremptory challenges - Some states are considering increase in juror's pay - Lack of young people since they can't vote - "One-day-one-trial" - Voir Dire - Challenged for cause - Peremptory Challenge

Juvenile Transfer (Waiver) to Adult Court

- Generally at the discretion of the judge - Sometimes automatic (it is in GA if commit one of the 7 deadly sins) - Targeting minorities more - Allowing waivers to increase numbers of transfers - Under 1% of cases - 40% of cases: ages 17-18 - Automatic transfer system in GA at age 17

"Optional" v. "Presumptive"

- Government is optional with guidelines - not required, but judges are still pressured to stay consistent - Guidelines are usually presumptive, which means they're required

Rights of Convicted Felons

- Government programs are NOT eligible - Welfare, housing, student loans, and voting rights, - Felon disenfranchisement - Civil Death

Prisoners' Rights

- Hands-off policy - Prisoner's Rights Movement (shift in 1960's to prisoners, probationers, and parolees) - Since late 1970's: Living conditions, administrative practices, amenities, speech, and due process *Cooper v. Pate (1964): TURNING POINT

Prison Gang Activities

- Have allegiances inside prison - Work to smuggle, etc. - Race has NO effect when convenient (ie. work together to smuggle) - Prostitution, gambling, dealing, and substitution are undesirable because they create conflict among prisoners, leading to a black market and violence

Due Process for Violating Conditions of Probation

- Hearing for probable cause - Final hearing is mandatory - Cross-examine witnesses and receive report of violations and proceedings *Probationer does NOT have the right to counsel automatically - Sentence adjustment at judge's discretion

Probation Caseloads

- Historical Recommendation: 35-50, but the average now is 150 (which is RIDICULOUSLY high) - Urban areas 300+ - GA Average: 250 - Drug offenses are the reason for so many caseloads *Problem finding a stable place to live because most people are poor (need to find a job to pay fines, but hard to obtain a job as an ex-convict)

Juvenile Goals and Resolutions

- Historically, rehabilitation goals - Some discretion taken from judges - Punishments are limited - Don't automatically go to adult jails - Start over from scratch - Probation is the most common (58%) - Intermediate sanctions (15%) - Custodial care (29%) - Programs and treatment

Intermediate Sanctions Administered in the Community

- Home Confinement - Community Service - Day Reporting Center - Intensive Supervision Probation

Age of Juvenile Clients

- In: 10-12 years of age - Out: 12-15 years of age or until learning/school starts - Juvenile court jurisdiction: 16-18 years of age - Until 16-18 years old - 18 years old in 38 states - 17 years old in GA

Juvenile Community Treatment

- Increasing use - Contract with states to provide services for troubled youths (ie. foster homes) - Provide counseling and schooling - Leaves institutions with a higher concentration of delinquents

Trial Decision-Making

- Inherent issues: Adversarial System and Incomplete Information (judgement of only pieces of information) - Decision by judge is better equipped - Decision by Jury

Roles of Prisoners

- Inmate Code - Fairly consistent over time within a specific institution - Maintain manliness through REPETITION - Adversarial: Inmates v. Staff - Division by Race and Gang Affiliation (Aryan Brotherhood, La Nuestra Famila, Nazi Low Riders, etc.) - Prison Gang Activities - Challenges: Total Deep and Risks of Abuse (imbalance and use of force)

Corrections Use of Force

- Inmates challenge authority or attack other inmates - Maintain order and institutional rules - Legally acceptable if self-defense, defense of 3rd persons, uphold prison rules, and prevent crimes and escapes

Presentation of the Prosecution's Evidence

- Innocent until proven guilty - Real evidence - Demonstrative Evidence - Circumstantial Evidence - Motions and objections throughout - Witnesses called as well as prosecutor's evidence - Defense cross-examination

Contemporary Budget Cuts and Prisoner Release

- Issues after 2008 Recession - Greater utilization of probation and community corrections for nonviolent and drug offenders - Hard for effective reentry - Higher recidivism - Budget cuts suck

Jury Trial

- Jury alone evaluates the facts in a case - Make trial outcomes difficult to predict - Cheaper to pay jurors - Williams v. Florida (1970s) - Burch v. Louisiana (1979)

Juvenile Justice System

- Juvenile crime and the media - Serious crimes: murder, rape, assault, gangs, firearms, etc. - Nearly 1:20 People under 18 taken into custody every year (72% male) - Numbers spiked in the 1980's-1993 - Age of Clients - Little Federal Involvement (about 2% of federal cases involve juveniles) - FL treats most of the juveniles (355) and GA has about 100 juveniles

1960-1980: Juvenile Rights Period

- Kent v. United States (1966) - In re Gault (1967) - In re Winship (1970) - McKeiver v. Pennsylvania (1971) - Breed v. Jones (1975) - Status Offenses

Disadvantages of Plea Bargaining

- Lack of a relationship between the charge and the sentence - Pressure to plea guilty - Possibility of overcharging - Low visibility - Circumvents rules of evidence (ie. false confessions) - Discretion of prosecutors and judges (Carisa Ashe v. Fulton County) - Judicial review of plea bargains and agreements - If the judge rejects, the guilty plea can be withdrawn - Trial Penalty - Confidence and Legitimacy - Defendants give up rights, such as the right to trial by jury - Reduces society's interests in appropriate punishments for crimes - Hidden from judicial scrutiny, which breeds disrespect and contempt for the law - May indict innocent people

Limited Right to Counsel in Corrections

- Less likely to get a private attorney - Ie. If you rob a store WHILE ON PAROLE, you can't use your right to an attorney because it's a completely different charge and situation now

Recruitment of Corrections Officers

- Median Pay: $39,600 (Top 25%: $44K; Bottom 25%: $35K) - Minorities (30%) and Women (25%) in Corrections (more women in Corrections than in Police) - Long hours and difficult interactions - Lack of promotion opportunities *GA Requirements for CO are less strict than for GA Police (ie. 18 years old and HS Diploma) - Good for rural economies - Mentorship - new officer placed under supervision of an old officer

Juvenile Corrections

- Most differences are in formal operations policies - Avoid incarceration if possible - Probation is similar (easier to change a child's life and is more enjoyable) - Intermediate Sanctions (use widespread discretion and avoid the label "delinquent") - Institutional Programs are ineffective because they seem to train juveniles for a life inside incarceration (get used to it)

Plea Bargaining

- Most important step in the CJ Process - 90% of all cases do NOT go to trial: either trade the guilty plea for reduced punishment or depends on the roles of judges and parties *The law encourages ACCEPTANCE of responsibility so these people are rewarded - most defendants take the deal to avoid a "trial tax/penalty" - Must be voluntary and understood - NO coercion, persuasion, fear, or delusion (Boykin v. Alabama)

Sex Offender Laws in GA

- Most stringent sex offender law in US effective July 2006; revised May 2010 for those convicted after July 2008 - Restrictions on homes, locations, activities, and work - Judicial discretion under 2010 law - Revised law was too strict in 2010 and people couldn't find jobs or a place to live easily - Sex offender list maintained but the GBI - As of Oct 2012, there were 22,000 registered sex offenders - No community notification when a sex offender moves nearby - Online database available and searchable

Defense Specialists

- Nationally known attorneys who charge large fees in highly publicized cases - Found in every large city - lawyers of choice for defendants who can afford to pay high fees (white-collar, drug dealers, affluent people) - Courthouse regulars who accept many cases for small fees and participate daily in assigned counsel

Parolee Adjustment to Life Outside the Prison

- No longer receive medical care from the DOC - So many conditions that parole might as well be years of "invisible punishment" - ie. Can look up sex offenders online - Still repeat offenders question the effectiveness of parole

Juvenile Police Interface

- Non-adversarial proceedings and more in the interests of the minor - School Resource Officers (SRO) in schools for security presence - ENORMOUS discretion - can develop close relationships with the community (custody, detention, and referral court) *Order maintenance is the common goal

Bail Fund

- Nonprofits will bail defendants out of jail - Most return for court cases - Written guidelines for set bails take into consideration the seriousness of the offense

4 Factors in support of community corrections

- Not serious enough to warrant incarceration - Community supervision is cheaper - Recidivism - Ex-inmates need supervision to reintegrate into society

Law and Community Corrections

- Offenders in the community (2/3 of total) - Limits of Free Association (1st Amendment) - Limited Right to Counsel - Griffin v. Wisconsin (1987) - Samson v. California (2006) - When parole breaks, return the prisoner back to prison to complete the sentence - Pennsylvania Board of Pardons and Parole v. Scott (1998) - Morrisey v. Brewer (1972) - Gagnon v. Scarpelli (1973)

1646-1824: Puritan Period (Juvenile Justice)

- Parens Patriae - Maintained English procedures - Massachusetts Stubborn Child Law (1646)

1824-1899: Refuge Period (Juvenile Justice)

- Parents seen as unfit if the child was misbehaving (blame parents) - Institutions to help children develop "character" to avoid delinquency - More homelike in rural areas - Children arrested just like adults

Juvenile Justice Process

- Police Interface - Intake Screening at the Court - Initial Hearing - Detention Hearing - Transfer (Waiver) to Adult Court - Abjudication (Trial Stage) - Disposition - Corrections

Setting Bail

- Police usually applies standard amount of particular charge - Factors may favor affluent over poor people

Limits of Free Association in Corrections (1st Amendment)

- Privacy - Usually with gang activity - Hard to dissociate

Bail Agents (Bail Bondsman)

- Private businessmen who are paid fees by defendants who lack money to pay bail - Licensed by state and can choose defendants who will likely return for trial (track down if you don't show up) - Illegal to post a bail for free - Threat to court system - But help because remind defendants of court dates, call relatives, etc.

Fourteenth Amendment Constitutional Right of Prisoners

- Procedural due process: Wolff v. McDonnell (1974) - Equal Protection: Lee v. Washington (1968), Johnson v. California (2005), Glover v. Johnson (1991), Carroll-Ferrary (2006) - Impact of Prisoner's Rights Movement

Prosecutor's Roles

- Prosecutor's dilemma - Job is to make sure that justice is upheld - Trial counsel for the police: reflect the views of law enforcement and take a crime-fighter stance in public - House counsel for the police: give legal advice so arrests will stand up in court - Representative of the court: enforce rules of due process to ensure police are doing their jobs and uphold rights of defendants - Elected official: most responsive to public opinion (political impact)

Protective Custody

- Protection of a prisoner from harm from either himself or other prisoners - INMATE CODE - going back makes you look weak af (usually disorganized criminals) - Usually done due to level of violence inside the prison

Multiple-Offense Indictment

- Tactics of prosecutor and defense - Important to prosecutors in handling difficult cases; file charge on one thing when they know they can only convict for a lesser charge - Defendant can fiat for pretrial motions to force the prosecutor to formally respond - Be confident

Who gets the harshest punishment?

- Racial disparities are inconclusive and have a higher proportion of minorities incarcerated due to prosecutor's changing their sentencing rather than judicial decision - Sentencing varies by state - Wrongful conditions, but there's no way to tell how many innocent people have been convicted - District Attorney's Office v. Osborne (2009)

Judge's Instructions to the Jury

- Reasonable Doubt - Preponderance of Evidence

Types of Plea Bargain

- Reduction of Charges: sentence, social stigma - Deletion of Tangent Charges: do so when charges are closely similar/related and have repeater clauses since the prosecutor has discretion as to whether to accuse you of certain charges (vertical or horizontal)

Costs & Benefits to Plea Bargaining

- Resource management, flexibility, assumption of responsibility, protection of victims - Resources and likely effects of abolition (likely to not abolish plea bargaining)

Decision by Jury

- Retire to a room where the have complete privacy - Elect a foreperson to direct the meeting - Sequestered - Jury Nullification - If jury decision is deadlocked, it is a hung jury and prosecutor must decide whether to try again in front of a new jury - Participation and influence are related to social status - White males are more active - Group pressure prevents a single juror to produce a hung jury - Tend to take more liberal views of issues like self-defense - Judges have more experience

Juvenile Initial Hearing

- Rights are told here - Voluntary Plea

Private Prisons

- Rise since 1980s usually due to overcrowding - Get most correctional resources from the private sector - Problem when government needs to regulate - By 2004, 34 states and look prisoners - Popular in the South and West - Cost and marginal gains (saved money for the state) *Usually used to detain people who are illegal immigrants - Cheaper and more flexible - May unfairly prioritize improving citizens to skew scores for corrections policy-making - Georgia: 2 companies (5,376 inmates) - 9% - 3 private prisons accredited by ACA and MAG for regulations, GDC private prison monitors - Relatively minor offenses - Future of this approach is uncertain

2005-Present: The "Kids are Different" Period (Juveniles)

- Roper v. Simmons - Rehabilitation and prevention of delinquency (drug testing, parenting programs, etc.) - Waiver - 2010: Life Without Parole (LWOP) is unconstitutional for juveniles committed of non-homicide offenses

When Plea Bargain Fails

- Serious disagreement between prosecution and defense - Defendant rejection of plea bargaining (could be innocent) - Very serious cases (ie. worst felonies where state is unwilling to punish less) - Media pays attention, creating incentive to NOT plea bargain because the state would look weak - Cases with political goals: political goals of prosecution (ie. Civil Rights Movement) and parties create social conflict - Local norms, effect? What's expected in a particular area

Considerations in Sentencing

- Seriousness of the offense - Prior criminal record - Others (legitimate or otherwise): Economic status, personal characteristics, race, religion, etc. - After decision is made, there is a sentencing announcement and possibly justification (not often) *Congress has TRIED to make federal courts sentence within guidelines by giving justifications

Laws and Correctional Personnel Civil Service Laws

- Set procedures for hiring, promoting, assigning, disciplining, and firing public employees - Protect employees from discrimination (Civil Rights Act of 1964) - Assert authority over people who lack self-control or regard to society's rules - Corrections staff as public employees

Pretrial Detention

- Social Sanitation - Conditions in jails are much harsher than in prisons

Opening Statements

- Summarize each side's position - intentions, etc. - This is NOT evidence - do not prove or disprove anything

Probation Services

- Supervise clients to keep them out of trouble and enforce sentence conditions through police and social service discretion - Assist judiciary with pre-sentence investigations - Discretion as to how much to give each individual based on probation violations - Act like social workers by helping clients find housing, employment, and treatment services - Usually expand to volunteers due to budget cuts as unpaid officers or fundraisers - Caseloads are heavy

Historical Roots of Plea Bargaining

- Until 1845 - British system - Used in US pre-Civil War, but was limited - 1920's - emerged as dominant, correlating with larger caseloads, lawyer involvement, and social forces increase - Santobello v. New York (1971) - 1973 - Federal Commission recommended abolition of plea bargaining by 1978, but was unsuccessful - Common in both urban and rural places - Saves time and helps offenders avoid punishment for future crimes

Politics and Prosecution

- Usually elected for a 4-year term - Used to leverage for higher office - Powers are applied unevenly throughout the community - Discretion creates risk of discrimination - Need to avoid inequality and injustice

Prison Economy

- Value of Amenities - Barter Economy - Access to items and work detail (low pay for prison employment) - GA Prison Economy

Victims' Rights

- Victim Impact Statement - Crime Victim Bill of Rights - Always notified when the defendant is on parole

Assessing Probation

- Widespread: 49% felons in 2004 given probation and 3/5 see PO monthly at most - Lack of human interaction (usually by phone or mail) - Recidivism rate is lower due to the less violent and less severe nature of offenses and offenders - Cost effectiveness: $1K annually v. $20K in prisons

Institutional Reentry Preparation Programs

- Will grow and be supported by legislators - Many prisons closed

Community Programs Following Releas

- Work and Educational Release - Furlough - Halfway House

6 Functions of a Jury Trial

1. Prevent government oppression by safeguarding citizens against arbitrary law enforcement 2. Determine whether accused is guilty based on evidence presented 3. Represent diverse community interests 4. Serve as a buffer between accused and accuser 5. Promote knowledge about the CJ system through jury duty 6. Symbolize the rule of law and community foundation that supports the CJ system

Development of Juvenile Justice

1646-1824: Puritan Period 1824-1899: Refuge Period 1899-1960: Juvenile Court Period 1960-1980: Juvenile Rights Period 1980-2005: Crime Control Period 2005-Present: "Kids are Different" Period

The Origins of Parole

1800s: transported criminals to different countries in Europe to prevent overcrowding, unemployment, and cost of incarceration - Devised a system of rewards for good conduct, labor, and study by gradually giving back freedom and responsibilities 1876: Started in New York - Idea is to release prisoners until the end of their sentence

History of Probation

1841: John Augustus as "Father of Probation" - asked a county in Massachusetts if he could personally supervise convicts by helping them gain an education, skills, etc. instead of rotting in jail 1880: Massachusetts developed the first statewide probation system 1920: 21 other states did the same 1925: Federal Courts and 44 states had probation systems 1940's: Counseling and Probation Solving - Shift from moral leadership to therapeutic counseling - More clinical worker to help solve psychological and social problems - Actively involved in treatment - More discretion since rehabilitation was the primary goal 1956: GA adopted the probation system (one of the last states to adopt) 1960: Social Assistance (employment, housing, finances, and education) - No more counseling - Reintegrate offenders to remedy social problems - War on poverty - Serve as an advocate to help offenders Late 1970's: Law and Order ("Risk Management") - Minimize possibility that an offender commits a new offense - Punishment should fit offense - Proportionality of supervision to risk of recommitting crimes Community Justice

First Amendment Constitutional Right of Prisoners

1970: Freedom of Speech, Expression Restrictions Must Be Justified - Can be regulated in prisoner speeches, but must be justified - Acknowledgement of free speech rights 1974: Mall censorship requires compelling government interest - Always monitor mail - If it's an innocent letter, you cannot censor it 1987: OK to ban communication between inmates at different facilities - Religious rights of prisoners extended

Probation Revocation/Termination

2 ways that probation can end 1. Successfully complete 2. Fail to complete (revocation): New Arrest or Technological Violation - Many are young and less experienced - Arrested if violate conditions: usually rests on a new arrests or multiple violations rather than on technical violations - Due Process for violating conditions of Probation - Probation in GA

Morrisey v. Brewer (1972)

2-Stage due process in front of an impartial hearing officer before parole can be revoked Stage 1: Determine whether or not probable cause exists Stage 2: Revocation hearing and receival of notification of charges (is the sanction severe enough?)

Parole Revocation/Termination

2-stage process 1. Probable cause hearing - Lawyer might be granted - Charges, evidence, and witnesses 2. Parole authority decision (varies by state) - Decreased emphasis on technical violations

GA Prison Economy

2005: Prison Industry Enhancement (PIE) Programs - Contract with offsite companies ONLY if no more jobs are available (last resort) - GA prisons ban smoking in December 2010

GA Romeo and Juliet Laws

2006: If victim is 14-16 years old and the defendant is 18 years old or no more than 4 years older than the victim, he or she only faces misdemeanor charges for statutory rape

Ewing v. California (2003)

5-4 Decision; Three Strikes Law - SCOTUS doesn't usually interfere with sentencing - Said that the three strikes law is appropriate

Delinquent

A child who has committed an act that if committed by an adult WOULD BE A CRIMINAL ACT - ie. auto theft, robbery, or assault - Males are most frequent

Dependent Child

A child who has no parent or guardian or whose parents cannot give proper care

Neglected Child

A child who is receiving inadequate care because of some action or inaction of his or her parents - Parents failed to raise child properly so state must act as present - Ie. Not being sent to school ,not receiving medical care, etc.

Day Reporting Center

A community correctional center where an offender reports each day to comply with elements of a sentence - Confinement programs - Builds credibility for probation services - Few evaluations of these programs - Strict eligibility requirements so only people who are likely to improve enter - GA: 15 DRC's (not popular in rural cities)

Halfway Homes

A correctional facility housing convicted felons who spend a portion of their day at work in the community but reside in the halfway house during nonworking hours - Few neighborhoods want to host half-way houses (NIMBY) - Many are in poor neighborhoods - Can be private facilities contracted with state governments (helps budget cuts)

Prosecuting Attorneys

A legal representative of the state with sole responsibility for bringing criminal charges; in some states, this person is referred to as the district attorney, state's attorney, commonwealth attorney, or county attorney - More independent than most other officials - Have independent power to make decisions about which cases to pursue and what charges to file

Sentencing Guidelines

A mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing - Judges are given a choice within a very narrow range of sentences - 1983: Mandatory minimums; US Sentencing Commission set up recommendations for Congress to use in legislation for sentencing (picked up from Minnesota and Washington) - 1987: Legislation of sentencing guidelines became effective - "Optional" v. "Presumptive" - Federal Guidelines are optional - Proportional to the seriousness of the crime and likelihood of offender recidivism - Must be reviewed and modified periodically - Don't reform sentencing - Blakely v. Washington (2004) - United States v. Booker (2005) - United States v. Fanfan (2005) - Irizarry v. United States (2008) - Pepper v. United States (2011) *Not much has changed over time

Reintegration Model

A model of correctional institution that emphasizes maintaining the offender's ties to family and community as a method of reform, recognizing that the offender will be returning to society - Gradually gain freedom and responsibility

Medical Model

A model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment

Custodial Model

A model of incarceration that emphasizes security, discipline, and order - Incapacitation and deterrence - Prevailed after WWII - Discipline is strict and regulated on a schedule because there used to be no rules - Most emphasized and dominates most maximum security institutions today

Jury

A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty

Discovery

A prosecutor's pretrial disclosure to the defense of facts and evidence to be introduced at trial (must be made available to the defense)

Good Time

A reduction in an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs (varies by state)

Presentence (PSI) Report

A report, prepared by a probation officer, that presents a convicted offender's background and is used by the judge in selecting an appropriate sentence - Source of information used to see HOW you should sentence - Criminal history, etc. - Used for treatment planning and risk assessment - Pretrial Services Officer (PSO) - Eases decision making strains - Shift partial responsibility to the probation department - Judges often rely on these reports for guidance

Appeals

A request to a higher court that it reviews actions taken in a trial court; based on a claim that one or more errors of law or procedure were made during the investigation, arrest, or trial process - Habeas Corpus - People think this is a way of "letting off" offenders - but that is NOT true

Mandatory Minimums

A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria - Serve a MINIMUM, no way of getting around it - Judges cannot lower the minimum requirement - Three Strikes Laws - The Sentence vs. Actual Time Served: Good Time and Earned Time - Truth in Sentencing *Incarcerated Americans have exponentially increased over time - Change in the 1980's due to "war on drugs" - Women have less incarceration rates, but also exponentially increased

Presumptive Sentences

A sentence for which the legislature or a commission sets a minimum and maximum range of months or years; judges are to fix the length of the sentence within the range, allowing for special circumstances

Community Service

A sentence requiring the offender to perform a certain amount of unpaid labor in the community - Specify number of hours - Usually ordered when an offender cannot pay a fine

Home Confinement

A sentence requiring the offender to remain inside his or her home during specified periods; "house arrest" - May face additional restrictions (ie. alcohol, drugs, curfew, etc.) - Can be used during any judicial process - Government doesn't have to provide food, clothing, or housing - Electronic monitoring since 1964

Determinate Sentencing

A sentence that fixes the term of imprisonment at a specific period - Idea is that you KNOW how long you will be incarcerated - Prisoner is automatically freed at the end of the term - Presumptive Sentences

Fines

A sum of money to be paid to the state by a convicted person as punishment for an offense - Combination of penalties, difficulty collecting (because most people are poor)

Person in Need of Supervision (PINS)

A term that designates juveniles who are either status offenders or thought to be on the verge of trouble

Intermediate Sanctions

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration - ie. Fitness, home confinement, intensive probation supervision, restitution to victims, community service, etc. - Sanctions should reflect the severity of the offense - Must be supported by mechanisms that take seriously breach of the conditions of the sentence - Like probation, served in the community - Designed as a bridge between imprisonment and probation (need for mid-level penalty) - Additional punishment beyond probation - TACK ON EXTRA PUNISHMENT - Administration by judges in community, or by institution

Jailing

Adapted to lifestyle of the inmate and accept it - Most comfortable inside the prison - Try to find ways into prison mainly due to gangs - Usually "state-raised" youths

Gagnon v. Scarpelli (1973)

Allow requested counsel in certain situations during the 2-stage process before parole can be revoked (refer to Morrisey v. Brewer in 1972)

Bail

An amount of money specified by a judge to be paid by a condition of pretrial release to ensure that the accused will appear in court as required - Limits: cannot be "excessive" - 500K in jail/day awaiting trial because they cannot afford bail: usually violent offenders who are likely to flee - Forfeit the bail if you don't appear in court as required *Because this is NOT a constitutional right, bail is NOT always guaranteed - Some are tempted to plea guilty to receive lower sentence for a minor crime - High enough so defendant appears in trial - Protects the community from criminals - Preventive Detention

Public Defenders

An attorney employed on a full-time, salaried basis by a public or private nonprofit organization to represent indigents; government-salaried attorneys who handle criminal cases for defendants who are too poor to hire their own attorneys - Make up most of the defense attorney population (82%) - VERY heavy caseloads - Not paid well - Constantly interact with lower-income clients who have depressing lives (visit jails a lot) - Focus on goals rather than money - Usually lose - May face suspicion from the public - Problems gaining trust and cooperation of their clients

Assigned Counsel

An attorney in private practice assigned by a court to represent an indigent; the attorney's fee is paid by the government with jurisdiction over the case; this is a contract with a private attorney - Huge issue with monetary budget - Widely used in small cities and in rural areas where conflict of interest may result if a public lawyer represented them - Ad hoc assignment - Coordinated assignment

Contracted Counsel

An attorney who contracts with the government to represent all indigent defendants in a county during a set period of time and for a specified dollar amount; an attorney, a nonprofit organization, or a private law firm contracts with a local government to provide legal services to indigent defendants for a specified dollar amount - Mainly used in Western state counties or places that don't have large populations - Used with extraordinarily complex cases - Expected to handle an unlimited caseload or award contracts on a low-bid basis only with no qualifications

Nolle Prosequi

An entry, made by a prosecutor on the record of a case and announced in court, indicating that the charges specified will not be prosecuted; in effect, the charges are thereby dismissed; freely made admission to drop the charge, either as a whole or as to one or more counts

Jail

An institution authorized to hold pretrial detainees and sentenced misdemeanants for periods longer than 48 hours; holding facility for social misfits (derelicts, drug addicts, prostitutes, mentally ill, and disturbers of public order) - Short-term incarceration - Await trial or sentenced for misdemeanor - Funded by county - 6-7M people/year through jails, 700K/day -$4-5B costs/year - Conditions in jails (resources, staff, prisoners)

Prison

An institution for the incarceration of people convicted of serious crimes, usually felonies

Coordinated Assignment

Court administrator oversees the appointment of counsel

Status Offenses

Any act committed by a juvenile that is considered unacceptable for a child, such as a truancy or running away from home, but that WOULD NOT BE A CRIME if committed by an adult - Juvenile Justice and Delinquency Prevention Act (1974) - No violation of penal code and charged for being ungovernable or incorrigible - Decline of incarceration - Person in Need of Supervision (PINS) - Women are most likely to be referred as runaway and truancy status offenders - "Youth Crime": curfew, loitering, runaway (not illegal if you become an adult and only applies to population of juveniles) *Not all states distinguish between delinquents and status offenses

Motions

Application to a court requesting that an order be issued to bring about a specific action

United States v. Booker (2005)

Applied the Blakely ruling; when judges enhanced sentence based on their own determinations/discretion

Prison Litigation Reform Act of 1996

Attempted to limit the ability of judges to order the release of prisoners by requiring 3-judge panels rather than a single judge

Lafler v. Cooper (2012)

Attorney made bad descisional advice because didn't have enough information to correctly give advice

Arraignment

Court appearance of an accused person if any in which the charges are are read and the accused, advised by a lawyer, pleads guilty or not guilty - Defendant is brought before the judge to respond to indictment/bill of information - Plea offered at this stage *People usually end here before going to incarceration permanently (unless you are not bailed out) - Judge usually sentences here for misdemeanors - Motions

Wolff v. McDonnell (1974)

Basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating institutional rules - Receive notice of complaint, etc. - Prisoners don't have the right to cross-examine witnesses - Usually a disciplinary committee

Boykin v. Alabama (1969)

Before a judge may accept a guilty plea, defendants must state that they are making the plea VOLUNTARILY

Bell v. Wolfish (1979)

Body searches allowed when they advance policies clearly relate to identifiable and legitimate institutional needs and when they are not intended to humiliate or degrade

Brown v. Plata (2011)

California reduced prison population due to overcrowding and lack of proper healthcare or mental health treatment

Samson v. California (2006)

California required all parolees to allow for warrantless searches

Florence v. Board of Chosen Fireholders (2012)

Can be strip-searched upon entering a jail without reasonable cause or suspicion

Former Jeopardy

Can't be tried twice for the same crime

Roper v. Simmons (2005)

Cannot give a juvenile the death penalty Children are not as physically and emotionally developed as an adult

State Attorney General

Chief legal officer of a state, responsible for both civil and criminal matters

Massachusetts Stubborn Child Law (1646)

Child is evil and family should discipline and raise youths, those who don't obey their parents must deal with the law

Jury Nullification

Common in Civil Rights era; juries are more likely to protect members of the community

Probation

Conditional release of the offender into the community under the supervision of correctional officers; alternative to incarceration and NEVER WENT TO JAIL; A sentence that the offender is allowed to serve under supervision in the community; judicial act granted by the grace of the state, not extended as a right - Change over time: legal and moral guidance - May have to undergo regular drug tests, enroll in programs, etc. - 63% of people convicted - 1/4 of all states have eliminated PAROLE - Sanction is often tied to incarceration - Shock probation - Way of rehabilitating minor offenders - Less expensive and more effective than imprisonment - Can be combined with other sanctions, such as fines, restitution, etc. - Used for minor offenses, cost, recidivism, need for support, supervision, and stability *Jails are under community control

Parole Conditions of Release

Conduct restrictions that parolees must follow as a legally binding requirement of being released - ie. stay away from alcohol, maintain good work, etc. - Only given food, money, clothes, and a PO

District Attorney's Office v. Osborne (2009)

Congress should develop their own rules concerning opportunities to have old evidence tested

Temping

Contracted in, but get paid less than employees

Civil Death

Crime leads to NO full rights of citizenship

Percentage Bail

Defendants may deposit a percentage (usually 10%) of the full bail with the Court; the full amount of the bail is required if the defendant fails to appear; percentage of bail is returned after disposition of the case, although the court often retains 1 percent for administrative costs - Designed to release as many defendants as possible without using bail agents

Ricketts v. Adamson (1987)

Defendants must uphold plea bargain or suffer the consequences

Decline of Incarceration due to Status Offenses

Delinquency and Status Offenses - 20% status offenses - Total: 45% property, 2% public order, 11% drug violations 18M cases/year - 72% male - 29% Black GA: By 2008, 73.5K unique youths where 72% male and 32.6K admissions where 66.2% male - More women in the juvenile system

Vertical Plea Bargain

Drop less serious charges

Horizontal Plea Bargain

Drop/consolidate similar charges

Juvenile Court Act by Illinois (1899)

Established the first comprehensive system of juvenile justice - Must be under 16 years old - Separate court for children - Special legal procedures that were less adversarial - Programs of probation suited for children

Circumstantial Evidence

Evidence provided by a witness from which a jury must infer a fact - Juries may not always understand scientific evidence

Demonstrative Evidence

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, x-rays, and photographs; includes real evidence involved in the crime - Testimony - Direct Evidence

Pennsylvania Board of Pardons and Parole v. Scott (1998)

Exclusionary rule doesn't apply to parole revocation proceedings

Direct Evidence

Eyewitness accounts

Millbrook v. United States (2003)

Federal Torts Claims Act states that federal corrections officers can be sued for intentional harm inflicted on prisoners

Irizarry v. United States (2008)

Federal judges are NOT required to give advance notice to defendants prior to imposing a sentence that varies from guidelines

Pepper v. United States (2011)

Federal judges can consider evidence of an offender's rehabilitation in imposing a sentence that is below those specified in sentencing guidelines

Nonsecure Custodial Care

Foster homes, group homes, camps (most are here) where youths are refused for abuse, neglect, or emotional disturbance

Community Prosecution

Give specific assistant prosecutors continuing responsibilities for particular neighborhoods; can build relationships that help gather information and identify witnesses when crimes occur

Forfeiture

Government seizure of property and other assets derived from or used in criminal activity - Property seizure - Emerged in 1980's - Controversial: SCOTUS says permissible if proportionate to the crime - Sanction goes into the budget of law enforcement agencies

North Carolina v. Alford (1970)

Guilty plea by defendant who maintains innocence can accept a lesser sentence *e.g. you're basically plea bargaining while still trying to prove your innocence

House of Refuge of New York (1825)

Half-prison, half-school housed destitute and orphaned children and those convicted of crime

Disposition

Hearing to decide which action should be taken in terms of delinquency - Predispositional report - Most are found to be delinquent - Can be through probation, intermediate sanctions, custodial care, and community treatment - Due to judicial discretion

Truth in Sentencing

Laws that require offenders to serve a substantial proportion (usually 85%) of their prison sentence before being released on parole - Very politically attractive idea - States don't like it because trying to reduce prison population due to budget problems

Indeterminate Sentencing

Indefinite sentences; a period set by a judge that specifies a minimum and maximum time to be served in prison; sometime after the minimum, the offender may be eligible for parole - Parole board determines the actual release date - Popular historically (ie. serve UP to 10 years) - Inconsistent application - Closely associated with rehabilitation

Carroll-Ferray (2006)

Judges have not provided enough attention to women equality in facilities

Hands-off Policy

Judges should not interfere with the administration of correctional institutions as a historical norm

Williams v. Florida (1970s)

Juries of fewer than 12 members are constitutional

"One-day-one-trial"

Jurors serve either one day or for the duration of one trial

Juvenile Aftercare

Juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in a correctional facility - Associated with lower rates of recidivism

Schall v. Martin (1984)

Juveniles can be held in preventive detention if there is concern that they may commit additional cries while awaiting court action

Breed v. Jones (1975)

Juveniles cannot be found delinquent in a juvenile court and then transferred to an adult court without a hearing on the transfer; doing so would violate the protection against double jeopardy - Can't trust peers to sit in a jury because they're too young - Judges oversee juvenile trials usually

McKeiver v. Pennsylvania (1971)

Juveniles do NOT have a constitutional right to a trial by jury

Kent v. United States (1966)

Juveniles had the right to counsel at a hearing at which a juvenile judge could waive jurisdiction and pass the case to an adult court

In re Gault (1967)

Juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment (due process for juveniles)

Sequestered

Keep jury together day and night, away from influences of media and friends

Carisa Ashe v. Fulton County (2005)

Killed her child and plea bargained for probation

Active Monitors

Send continuous signals that a receiver picks up (electronic monitoring of home confinement)

Guilty Plea

Sentenced or future hearing scheduled

Nolo Contendere

No contest

United States Attorneys

Officials responsible for the prosecution of crimes that violate the laws of the United States; appointed by the president and assigned to a US district court jurisdiction

Peremptory Challenge

Removal of prospective juror without giving a reason; attorneys are allowed a limited number of such challenges - Batson v. Kentucky (1986)

Preponderance of Evidence

Not about the amount of evidence, but rather on the evidence being more probable and convincing - Civil court

Batson v. Kentucky (1986)

Not allowed to discriminate against peremptory challenge based on race

Doing Time

Not there to socialize; "get in, get out" - Prison term is brief and inevitable

Pretrial Services Officer (PSO)

Officer who writes an additional report that focuses on the defendant's behavior and compliance with conditions while out on bail prior to the trial or plea or between the date of conviction and the date of sentencing

Testimony

Oral evidence provided by a legally competent witness - Part of Demonstrative Evidence

Santobello v. New York (1971)

Person entered guilty plea before the sentencing, but no plea bargain or sentence lessening occurred because he had already plead guilty - SCOTUS affirmed plea bargaining - When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

Real Evidence

Physical evidence (such as weapons, records, fingerprints, and stolen property) involved in the crime

Judicial Selection (Federal/State)

Picking State Judges: varies by geography (easy to change state constitution if don't like) - Partisan Elections: political party affiliation - Nonpartisan Elections: no political party affiliation - Gubernatorial Appointment: governor chooses - Legislative Selection: legislature chooses - Merit Selection: trial and error with appointment (spreading because it takes out more partisanship, governor must choose from a short list) - Judges nominated by committee and appointed by governor -> voters approve after serving a term (if successful) Picking Federal Judges - The President chooses ALL Federal Judges!!! - Senatorial Courtesy - Tenure - Constitutional language - Vetting of Nominees - Politicization of Judicial Selection creates Variation

Implicit Plea Bargaining

Plea without bargaining; understanding that a guilty plea will lead to a less than maximum sentence (even without any exchange of information) - Depends on local values and sentencing patterns

Social Sanitation

Police removes socially offensive people from certain areas

Restitution

Repayment (in the form of money or service) by an offender to a victim who has suffered some loss from the offense - Seek to repair the harm done - Varies by situation - Hard to "measure" damage - Usually ordered for property crimes

Magistrate

Somebody who works in place of the judge; frees up the judge's time by taking care of more miscellaneous things (still really important)

Release on Recognizance (ROR)

Pretrial release granted on the defendant's promise to appear in court because the judge believes that the defendant's ties to the community guarantee that she or he will appear - Trust you to come back - Miscellaneous event

Hudson v. Palmer (1984)

Prison officials have the authority to search cells and confiscate any materials found without any suspicion of wrongdoing by the prisoner or other justification for the search (balance of institutional need and right to privacy)

Ad Hoc Assignment

Private attorneys tell the judge that they are willing to take the cases of indigent defendants and are assigned from the list on rotation

GA Boot Camps

Probation boot camp at Al Burruss Corrections Training Center - 100 male felons - 17-30, first offenders, disease-free, without physical limitations, no mental disorders Inmate boot camp at Coastal State Prison - 256 male felons - 17-35 admitted Boot Camps decline over time due to high recidivism (don't work very well) and for liability issues (physically injured or died)

Intensive Supervision Probation (ISP)

Probation granted under conditions of a strict reporting to a probation officer with a limited caseload; also known as "old style" probation because each officer has only 20 clients and requires face-to-face contacts - Rigorous and demanding - Requirement for probationers * Limited caseload because requires more attention - Probation diversion - Institutional diversion - High failure rate, but can be successful if combined with rewards for noncriminal behavior - Intense Probation Supervision in GA

Waiver

Procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court (Kent v. United States)

Net Widening

Process in which new sentencing options increase rather than reduce control over offenders' lives (wider = more individuals to control, stronger = more capacity to control, different = transfer)

Rehabilitation Model

Progressive Era in 1920's-1970's A model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy - Developed in 1950's with treatments - Encourage social and behavioral sciences - Medical model - Became more popular after WWII - Mainly drug offenders - Designed to reform the offender - Not as popular anymore - Custody is still the overriding goal - High recidivism rates

Johnson v. California (2005)

Segregation is allowable in certain cases, especially with violence between races

Institutional Diversion

Selects low-risk offenders already sentenced to prison and provides supervision for them in the community

Crime Victims Bill of Rights

Proposed to defend rights of the crime victim, but never happened at the federal level; now, it's state jurisdiction (varies). In GA: - Antistalking statutes - Crime Victims' Rights to Present - Enforcement of Protective Orders - Ordering and Enforcing Restitution (financial compensation) - Victim Input into Plea Agreements - Privacy of Victims' Counseling - Funding for Victims' Services

Bordenkircher v. Hayes (1978)

Prosecutor allowed to warn that refusal to enter guilty plea would result in a harsher sentence

Prosecutor's Dilemma

Prosecutors face conflicting pressures to press charges vigorously against lawbreakers while also upholding justice and the rights of the accused

Juvenile Justice and Delinquency Prevention Act (1974)

Provisions for taking status offenders out of correctional institutions

Probation Diversion

Put offenders under intensive surveillance who are thought to be too risky for routing supervision

Cross-Examination

Questioning by the opposing attorney; broader than direct examination

Lee v. Washington (1968)

Racial discrimination cannot be within prison walls

Booking

Recording of facts, mugshots, fingerprints, etc. - No self-incrimination

"Trial Penalty"

Reduction for acceptance of responsibility (40% for plea bargain)

Earned Time

Reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs and for work assignments such as disaster relief and conservation programs

Secure Custodial Care

Reform schools and training camps that deal with juveniles who have committed crimes and have significant personal problems (smaller) - Fights and aggression are common - Behavioral control is a issue - More boot camps over time

Custody

Remains the responsibility of the government; an extension of correctional programs into the community

Challenged for Cause

Removal of prospective juror by showing that he or she has some bias or some other legal disability; the number of such challenges available to attorneys is unlimited

Three Strikes Laws

Require the judge to sentence offenders with 3 felony convictions to long prison terms - 3rd felony offense - GA = #2 user - 1990s - "get tough on crime" as response to sudden increase in crimes (political establishment & law enforcement) - WA state first (1993) - Potential way to deter crimes - Used by the Feds and about half of the states - Mechanism of deterrence: neo-classical (Wilson) or the cost-benefit game theory and rational choice - Actually caused a rise in violence amongst people who already committed a felony - Decline in plea bargaining - Provisions and application vary - Most prevalent in California (90% of national total) - In GA: 3 strikes = punishment (25 years - life in prison); 2 strikes = double the normal sentence - GA passed in response to public outcry - Overall, this is a controversial application *Felony petty theft or "petty theft with a prior" calls for prior conviction of theft including petty (usually made the news because stealing a cookie 3x meant life in prison, which is ridiculous) - SCOTUS Response: Ewing v. California - 2004: Tried to amend "violent" and "serious," but failed - 2012: Identical version of the 2004 bill passed so they avoid using those labels - GA Repeat Offender Laws

Procedural Due Process

Requires that government officials treat all people fairly and justly and that official decisions be made according to procedures prescribed by law

Passive Monitors

Respond only to inquiries; probation office just calls the offender usually (electronic monitoring of home confinement)

Recidivism

Return to criminal behavior - One of the factors in support of community corrections - You want to LOWER recidivism

Missouri v. Frye (2012)

Right to counsel includes protection against ineffective assistance of counsel, such as failure to inform clients about plea bargain offers - Pleas should be in writing and judges should pay close attention

United States v. Fanfan (2005)

Sentencing guidelines are only constitutional if it is advisory rather than mandatory; judges have to consider whether to reduce or enhance sentence

Blakely v. Washington (2004)

Sentencing guidelines violated the 6th Amendment right to trial by jury by giving judges too much authority to enhance sentences based on unproved factual determinations

Predispositional Report

Serves to assist the judge in deciding on a disposition that is in the best interests of the child and is consistent with the treatment plan developed by the probation officer

True Bill

Set of charges after preliminary hearing

Boot Camp

Shock incarceration; a short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority - Proliferated in 1980's - Intermediate Sanctions administered in Institutions and the Community - Discipline Authority (1-4 months) - Issues: Physical training does NOT address real problems, enhance leadership qualities, and does NOT automatically reduce prison overcrowding - Popular to strict discipline and harsh conditions - GA first 1983 (had spread to half of the state already)

Shock Probation

Split probation, a sentence in which the offender is released after a short incarceration and re-sentenced to probation (ie. weekends or nights in jail)

Monell v. Department of Social Services of the City of New York (1978)

Sue individual public employees when civil rights are violated by the agency's "customs and usages" in prison

Citation

Summons; a written order or summons, issued by a law enforcement official, directing an alleged offender to appear in court at a specific time to answer a criminal charge - Ticket - Don't have to go through booking - Used for less serious offenses because police doesn't want to deal with booking minor offense criminals

Griffin v. Wisconsin (1987)

Suspicion of a gun possession verified warrantless search in a prison

Cooper v. Pate (1964)

TURNING POINT; Prisoners are entitled to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement; ended in the hands-off policy where prisoners were persons whose rights are protected by the Constitution - 1871: People can seek relief from cruel imprisonment (habeas corpus) - Permitted suits against states in federal courts - Brutality, nutrition, property, and civil rights

Felon Disenfranchisement

Taking away right to vote from or civil death of a prisoner - 23 states reformed since 1997 - 5.3M Americans unable to vote - About 283K Georgians

Furlough

Temporary release of an inmate from a correctional institution for a brief period, usually one to three days, for a visit home; help maintain family ties and prepare inmates for release on parole - NO supervision - Test how well inmates interact with larger society - Increase prisoner's morale - Public outrage because can possibly commit another crime

Parole

The conditional release of an inmate from incarceration, under supervision, after part of the prison sentence HAS ALREADY BEEN SERVED; Supervised release (reintegration period); Completing a sentence in the community after serving a term in prison - Rests on 3 concepts: grace, contract, and custody - Used for minor offenses, cost, recidivism, need for support, supervision, and stability - Federal parole is run by the Administrative Office of US Courts (AO), who also runs probation *Prisons are under state control - Optional - Ensure rehabilitation, family, and readiness - way of avoiding recidivism because someone is watching over you - Uneven distribution of resources upon release 2/3 return to metropolitan areas where a lot of people live (ie. support groups, PO, jobs, etc.) - NIMBY - Not in my backyard (nobody wants reintegration near them)

Work and Educational Release

The daytime release of inmates from correctional institutions so they can work or attend school - Not used often - Justifiable for rehabilitation - Cheap - Take jobs from free citizens though

Grace

The prisoner could be kept incarcerated, but the government extends the privilege of release

Technical Violation

The probationer's failure to abide by the rules and conditions of probation (specified by the judge), resulting in revocation of probation (common) - Ie. Violating curfew, failing a drug test, or using alcohol) - Use discretion to take in seriousness of crime to punish properly

Diversion

The process of screening children out of the juvenile justice system without a decision by the court through an intake hearing (which chooses diversion or court stems) - About half of cases are referred to court - Alternative Dispute Resolution (ADR)

Rehabilitation

The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy - Data show that rehab doesn't work well, which has caused less government support - More of a come back now - But expensive and time consuming - Ensure criminals can re-socialize in a productive way - Focus on the offender - Try not to have a relationship between severity of punishment and gravity of the crime - Idea that criminal offenders can be cured

Contract

The government enters into an agreement with the prisoner whereby the prisoner promises to abide by certain conditions in exchange for being released

Defense Attorneys

The lawyer who represents accused offenders and convicted offenders in their dealings with criminal justice

Expiration Release

The release of an inmate from incarceration without further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the current sentence ("maxed out")

Discretionary Release

The release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundares set by the sentence and the penal law

Mandatory Release

The required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate - sentencing law or parole guidelines - Conditionally released to parole supervision for the rest of the sentence

Accusatory Process

The series of events from the arrest of a suspect to the filing of a formal charge (through an indictment or information with the court)

In re Winship (1970)

The standard of proof BEYOND A REASONABLE DOUBT applies to juvenile delinquency proceedings - Used to be preponderance of evidence (majority of evidence)

Reasonable Doubt

The standard used by a jury to decide if the prosecution has provided enough evidence for conviction - Verdict, if found, must be unanimous - Felony or criminal court

Parens Patriae

The state as parent; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves

Inmate Code

The values and norms of the prison social system that define the inmates' idea of the model prisoner - Masculine toughness and insensitivity - Way of lessening the pain of imprisonment

Community Justice

Today's model; a model of justice that emphasizes reparation to the victim and the community, a problem-solving prospective with regard to crime, and citizen involvement in crime prevention (more flexible and responsive form of local justice initiatives) - Every part of the system is now integrated

Not Guilty By Reason of Insanity

Trial Scheduled - have to pass certain tests to prove insanity

Not Guilty Plea

Trial scheduled (most do this since lawyers don't know much yet)

Bench Trials

Trials conducted by a JUDGE who acts as fact finder and determines issues of law (most cases)

"Going Rate"

Typical penalty associated with a particular offense, creating consistency

Parole Board

Typically composed of citizens appointed for fixed terms by the governor (varies by state) - Much less formal than court proceedings - Sometimes victims, prosecutors, and media can attend the parole board process - Parole board can shorten a sentence imposed by a judge (good time can reduce punishment) - Parole benefits the overall system because discretion mitigates harshness

Georgia Supreme Court

US Supreme Court -> GA Supreme Court (7 Justices) -> GA Courts of Appeal (Have lots of power in rotating panels of 3 with 15 Justices (creating Republican seats))

Barter Economy

Underground economy; stamps, cigarettes, "macks" (newer tool packets of tuna) - 2004-Present: cigarettes not allowed anymore because no tobacco in buildings ban - Illegal to have cash as a prisoner - Sell food, drugs, alcohol, sex, services (ie. laundry), gambling, and tattooing

Gleaning

Use prison to better yourself (ie. take advantage of counseling) - Use resources at hand

Other Conditional Release

Used in some states to avoid the rigidity of mandatory release by placing convicts in various community settings under supervision - ie. Furloughs, home supervision, halfway houses, etc. - Avoid "discretionary parole" label because may release offenders early - Prison Litigation Reform Act of 1996 - Try to reduce prison populations through litigation (unlikely going to happen)

Victim Impact Statement

When the judge asks parties how the crime affected them - useful for cases with a lot of emotion (newer policy)

Preventive Detention

When the judge concludes that defendants pose a threat to the community while awaiting trial (Bail Reform Act of 1984)

Glover v. Johnson (1991)

Women must have good facilities to maintain equal protection rights