Chapter 12
Who applies to the "juveniles justice"?
"Juvenile justice" applies to minors charged with wrongdoing and also to those who are wards of the state
How are racial and ethnic minorities involved in regards to the Texas population in the state prison?
Racial and ethnic minorities, however, make up a disproportionate percentage of prison and jail populations
Which system in Texas has the highest rates for incarceration?
(The State prison System) With one of the highest rates of incarceration in the nation, Texas faces numerous challenges—foremost being the problem of maintaining enough space to house all the state's inmates
When were new guidelines introduced for the death penalty?
1976's Gregg v. Georgia established new guidelines by which the death penalty could be reinstated Since then, most executions have taken place in southern states
How many mentally ill individuals are in prisons or jails and what should be done to lower the numbers?
A 2006 report found prisons and jails were housing more than 1.2 million mentally ill individuals In a 2007 report, about 30% of inmates in Texas facilities had previously received mental health care; and inmates with mental illness have higher rates of recidivism Many argue such cases would be better dealt with by medical and mental health professionals
Is it against the law to be in jail for the inability to pay fines?
Although it is against state law for people to be jailed for inability to pay fines, evidence suggests it occurs
Is it required by the penal system to house and care for prisoners?
Although not part of the state penal system, local jails do house and care for prisoners
What has been the analysis in Texas's prisons?
Analysis of Texas's prison system indicated the prison population was growing because of increases in the state's population, rising crime, and recidivism
What approach are they using to manage the prison population?
Another approach is creation of "specialty courts," such as for drug, prostitution, and DWI offenses As of mid-2016, Texas had nearly 200 specialty courts Initial reports suggest they have contributed to lower rates of recidivism and lower criminal justice costs
How has Texas toughen up on crime?
As a percentage of population, Texas locks up more of its residents than other states do Though high, the state's rate of violent crime does not alone explain the high rate of incarceration Police in Texas tend to prioritize arrests for drug-related offenses more than police in most other states
What kind of data does the DPS collect?
As part of the FBI's Uniform Crime Reporting program, DPS collects data on "index crimes" reported in the state. Of the over 900,000 index crimes reported in 2014, 88.1% were property crimes
What was one corporation that many states have negotiated with to save tax?
Beginning in the late 1980s, many states have negotiated with private prison corporations to help relieve overcrowding and save tax dollars
Do the state and federal law treat juveniles the same?
Both state and federal law treat juveniles differently A citizen is a juvenile until he or she reaches the age of majority In Texas, the age of majority for civil and criminal responsibility is 17
What category do most civil cases fall into?
Cases generally fall into one of four categories: family law, tort law, contract law, and property law
Where else can the civil case follow?
Civil cases can follow from criminal cases, where the victim in a criminal case seeks damages via a civil proceeding
What has been a prime example of racial bias in the criminal justice system?
Concerns about racial bias in the criminal justice system have been fueled by numerous incidents Example: the 1999 cases in Tulia, Texas, where 39 African Americans were convicted based only on the testimony of one white officer
What elements of the system does it include?
Elements of the system include the courts, policies enacted by the legislature, and correctional facilities and programs
Who supports the practice of the death sentence in Texas?
Despite concerns about the large number of death sentences in Texas, more Texans support the practice Whether or not the death penalty deters crime remains controversial
How do counties handle the situation regarding the facilities
Each county is required by state statute to provide a jail County jails house inmates scheduled to serve in the state system and incarcerate those who commit misdemeanors within the county's jurisdiction Cities operate detention facilities as well
Who is the primary agency at county level?
The primary agency at the county level is the County Sheriff's Office
What is the procedure involving juveniles?
Even if tried as an adult, a minor cannot be sentenced to life in prison without parole, or to death, if the juvenile committed the crime before age 18 If a minor is put on probation, it must end by age 18 If sent to TJJD facility, he or she is released by age 19 or transferred to an adult facility
What is exoneration?
Exoneration is the official absolution of a false criminal conviction and may involve release
What is sentencing reform?
Harsh sentencing practices, including mandatory minimums and enhanced punishment, have grown out of efforts to get "tough on crime" Such sentences can be disproportionate to the crimes committed
What other option has the Texas legislature provided?
In 2005 the Texas legislature provided a third option for capital offenses: life without parole
What have been the percentages of prison population Texas overall?
In 2014, the state prison population was 33.7% white, 34.7% African American, and 33.1% Hispanic The state population as a whole was 43.5% white, 12.5% African American, and 38.6% Hispanic These disparities are also present at the juvenile level
What has been the necessary action that Texas has taken into account to take care of the situation of being incapable to pay taxes?
In Texas judges are required to perform a poverty assessment; and if the defendant is indigent, a payment plan or community service may be offered A 2015 investigative report, however, claimed 9 out of 20 Texas courts had no record of conducting poverty hearings Many people are also detained because they cannot make the necessary bail payment Supporters for reforms argue excessive bail and pretrial confinement conflict with the principle of "innocent until proven guilty"—and represent high costs to taxpayers
How are these facilities (state prisons) being used?
In Texas these facilities, built and operated by private corporations, are overseen by the TDCJ Many were built in rural counties searching for new revenue sources or opportunities for economic development, including new jobs
What is the rate of inmates committing suicide in Texas?
In Texas, 27% of inmates who died in jail over a 10-year period committed suicide Only about 5% of state prison deaths in the same period were attributed to suicide
Which county in Texas places more defendants on death row?
In Texas, Harris County places more defendants on death row than any other
What is Civil Asset Forfeiture?
In civil asset forfeiture, the government takes property belonging to a citizen or business without benefit of a trial or due process
What happens in civil cases?
In civil cases, the petitioner or plaintiff claims to have been harmed by the conduct of a respondent or defendant and seeks a remedy
What happens in criminal cases?
In criminal cases, a government attorney prosecutes a defendant and seeks punishment
Where can the burden of proof be different?
In criminal matters, the party bringing suit must persuade the judge (or jury) by only a "preponderance of evidence" In criminal law, the government must provide evidence that demonstrates to a judge or jury "beyond a reasonable doubt" that the accused actually committed the crime
What is no loner required for a man to be convicted in Texas?
In many cases it is no longer required that the accused have mens rea—intent or prior knowledge of doing anything wrong—in order to be convicted
Can old cases be reexamined if there is new technology?
In response to changes in technology or specific complaints, the TFSC may reexamine cases already decided based on outdated methods
What is the difference between juvenile and adult crime?
Juvenile and adult criminal trials have few differences A hearing decides if the juvenile will be tried as an adult, in which case the juvenile court waives its jurisdiction The trial and its finding is called "adjudication"; and the sentencing is called a "disposition hearing" There is often a hard limit on punishment
Can law enforcement use Civil Asset forfeiture?
Law enforcement initially engaged in the practice to deprive criminal enterprises of resources It has since been abused by law enforcement agencies
What is Over-criminalization?
Laws defining criminal behavior have expanded to a degree that many now believe they represent an overreach of criminal justice power
What type of law is enchanted punishment correlated to?
Laws of this type have been called recidivist statutes—recidivism referring to the rate at which criminal offenders commit another crime after leaving the state's custody
How does Texas navigate the criminal justice system in Spanish?
Many Spanish-speaking Texans do not speak English well enough to easily interface with law enforcement In Texas, they typically are read or given a translation of the Miranda warning, which advises them of their rights Because there is no universally agreed-upon Miranda translation, however, cases have been overturned on the basis that the accused did not understand
Who has trouble paying for legal trouble in Texas?
Millions of Texans living below or near the federal poverty threshold have difficulty paying for legal services
What are less serious crime?
Misdemeanors
What county has the majority of convicted felonies in Texas?
More came from Harris County than any other single county in the state Of juveniles in Texas convicted of felonies in 2013, 92% were male; most had at least one prior felony or were on probation; and 82% were ethnic minorities
Are some private prisons closing and why?
More than a dozen private prisons have closed in rural areas across the state, and more are expected Costs are lower for private prisons; but critics question whether the profit motive distorts how they are operated
What are the major drawbacks for the prison system?
Offenders likely to return to criminal activity did so within 3 years of release Most repeat offenders had committed nonviolent crimes for their first offense About 25% of those entering prison each year had violated parole, and 30% were those whose sentence of probation had been revoked—some for mere technical violations
What are the some reasons inmates have committed suicide?
One reason the rate may be higher in jails is the initial "shock of confinement
What is one way to reduce prison population?
One way to reduce the prison population is to increase the number of individuals on parole
What kind of operations is the Texas Department of Criminal Justice involved in?
Operations involve many types of facilities, including state prisons, state jails, private prisons, transfer and prerelease facilities, and medical, psychiatric, and geriatric facilities
What do the opponents believe in the case of the death penalty?
Opponents argue it does little to deter crime and is "cruel and unusual punishment"; governments have no moral right to deprive life; the cases cost more to prosecute; and innocent people may be put to death
What does Texas do to manage its prison population?
Parole involves release under supervision The Texas Board of Pardons and Paroles determines if an offender may be paroled Inmates serving life sentences for capital crimes must serve at least 40 years before being considered Those convicted of other violent offenses must serve at least half their sentence Those convicted of nonviolent offenses must serve at least one-quarter of their sentence
What have police department been increasingly using and what has allowed it?
Police departments increasingly use military vehicles, weapons, and gear, as well as military tactics Federal programs have allowed state and local law enforcement to obtain military surplus
What are some issues Texas faces in its prison system?
Prison overcrowding has been a chronic problem In 1980, conditions in Texas prisons were found to constitute "cruel and unusual punishment," violating the U.S. Constitution (Ruiz v. Estelle); and a massive prison construction program was undertaken The prison population has continued to outpace the number of prison beds available
The Texas criminal justice system serves many broad purposes what are they?
Promoting public safety Punishing criminal activity Recompensing victims Deterring future criminal action Rehabilitating offenders
What do the proponents believe in the case of the death penalty?
Proponents argue it deters crime, restores justice, provides retribution, and costs less than imprisonment for life
What do proponents argue on police Militarization?
Proponents argue these provide greater safety for officers and allow equipment to be repurposed Critics argue militarization can lead to a hazardous escalation of violence and contributes to the perception that police are "at war" with citizens
Is it common for misconduct in the justice system?
Prosecutorial misconduct is not common, however Misconduct can also be committed by other parties in the legal system
What has been a prime example of racial tension in the criminal justice system?
Racial tensions have also been evident in the national conversation about police use of deadly force Examples: the 2014 shooting of Michael Brown by police; and the 2016 shooting of police officers during a "Black Lives Matter" protest in Dallas
What issues has arisen in local jails?
Recently, local jails have come under increased scrutiny because of inmate deaths while in custody Several wrongful death suits have been filed
What are the "three R's"
Recidivism, Rehabilitation, and Reform
What has the reexamination of the death penalty been in Texas?
Reexamination of older cases suggests Texas has likely put innocent people to death; since 1973, 13 death row inmates in Texas have been exonerated
What drives policy changes in Texas?
Supreme Court rulings, shifting public attitudes, and shrinking budgets are all factors that drive policy changes in states
What is the TDCJ responsible for?
TDCJ is responsible for the detention and supervision of over a half-million adult inmates, parolees, and individuals on probation
Texas can have how many charges in the criminal, regulatory, and state crimes?
Texans can be charged with over 4,000 federal criminal laws; 300,000 federal regulatory offenses; and 1,700 state crimes
What state uses enhance sentencing for repeated offenders?
Texas
Who are local police department operated by?
Texas also has a number of local police departments, most of which are operated by city governments Additional agencies provide policing for particular special jurisdictions or geographic areas
What does Texas do to impose for nonviolent drug crimes?
Texas also uses mandatory minimum sentences, many imposed for nonviolent drug crimes
What kind of Reputation does Texas have on crime?
Texas has a well-deserved reputation for being "tough on crime"
What has Texas done for the mentally ill in prisons?
Texas has experimented with pretrial diversion programs and a small number of specialty courts Some have suggested what is really needed is more spending on mental health in general
What significant reforms has Texas done?
Texas has seen some significant reform efforts These include drug courts, changes to the juvenile justice system, and shutting down prisons
Who is currently leading in the number of death due to the death penalty/prisoner execution ?
Texas is currently the leading state in number of death sentences handed out and number of prisoners executed
Where does Texas provide interpreters?
Texas law also provides for the use of interpreters in criminal court proceedings
Texas law enforcement agencies employ how many officers in the state?
Texas law enforcement agencies employ about 1 sworn officer for every 400 residents in the state
What has Texas done to provide resources to the those who are less fortunate in paying for legal services?
Texas provides a patchwork of public and private resources at the state and local levels; but spending for indigent citizens' legal needs is low compared to other states Free or reduced-fee legal representation is known as pro bono, short for pro bono publico, "for the public good" The Texas Access to Justice Commission funds indigent legal services for thousands of clients Tens of thousands, however, likely represent themselves pro se—without an attorney
What are the three general legal duties that Texas and local government are involved in involving minors ?
Texas state and local governments have three general legal duties in cases involving minors In loco parentis: the state must act in the place of the parent to protect the interests of the child Parens patriae: the state has an inherent power to protect persons legally incapable of protecting themselves The "police powers doctrine": the state has the duty to protect the health, safety, and welfare of its citizens
What is Texas's duties to minors in the justice system?
Texas's juvenile justice system encompasses a large network of state and local authorities
What is an example of a sentencing reform?
The Fair Sentencing Act (FSA), passed by the U.S. Congress in 2010, was an effort at sentencing reform One aspect of the FSA was elimination of the mandatory minimum sentence for possession of crack cocaine
Who applies to the juvenile justice code and what are there offenses?
The Juvenile Justice Code applies to ages 10-17 Children under 10 cannot be prosecuted Two types of offenses are referred: conduct indicating a need for supervision (CINS); and delinquent conduct—which involves violation of the penal code
What has Texas done to prevent the suicide rate?
The Texas Commission on Jail Standards has implemented a requirement that on admission, inmates with special medical or mental health needs be tagged and monitored as such
Who governs the Texas Department of criminal justice?
The Texas Department of Criminal Justice (TDCJ) is a vast organization governed by the Texas Board of Criminal Justice
Who is the chief agency in the state of Texas?
The Texas Department of Public Safety (DPS) is the chief agency in the state and has multiple divisions
What has Texas allowed in criminal trial and what does it do?
The Texas Forensic Science Commission (TFSC), created in 2005, ensures the integrity of lab results used in criminal trials It investigates charges of negligence or misconduct; and accredits crime labs and establishes their policies and procedures
What was the crime rate in 2014?
The Texas crime rate for 2014 was 3,392.2 offenses per 100,000 persons—a 7.2% decrease from 2013
What limited power does the Texas governor have?
The Texas governor has limited powers of pardon, clemency, and parole
What has the Texas legislature implemented into changing policy's in prisons?
The Texas legislature has instituted a number of criminal justice reforms that, in general, change the focus from punishment to rehabilitation Improvement is still sorely needed in certain areas
What is the agency responsible for and what was the goal?
The agency responsible for coordination and oversight is the Texas Juvenile Justice Department (TJJD) The TJJD was created in 2011 in an overhaul of a system that had been plagued by a long-standing record of abuse and misconduct Today's juvenile justice is often handled with dedicated district or county courts, county probation services, and county juvenile boards and advisory councils Rehabilitation is the primary goal
Whats the difference between Harris county and other counites?
The county, forming part of Houston's greater metropolitan area, had a population of 4.5 million in 2014 Where smaller, rural counties often struggle with the cost of death penalty cases, Harris County has abundant resources, including 16 criminal courts
When was the death penalty suspended?
The death penalty in the U.S. was effectively suspended in 1972, when the Supreme Court in Furman v. Georgia found many state laws applied it in an arbitrary or discriminatory fashion
What is another category for felony offenses?
The fifth category of felony offenses, "state jail felony" was created in 1993 This was meant to relieve overcrowding and improve rehabilitative opportunities for nonviolent offenders The programs have seen low participation
What are the purpose of the courts?
The function of courts is to hear matters of legal controversy and deliver justice to those involved
What does the government must disclose?
The government, which has significant resources, must disclose to the accused any exculpatory evidence that could affect the determination of guilt
What can the Texas governor do for the death penalty?
The governor can grant a reprieve (30 days stay of execution) On recommendation of the Board of Pardons and Paroles, he or she may grant a full pardon and can commute or reduce the sentence
What is the first contact with the criminal justice system?
The law enforcement
How has the legislature reacted to the situation to the prison system?
The legislature responded with a number of reforms Increased funding to probation departments Funding for treatment and diversion facilities, including substance abuse programs Educational programs Other incentives for improvements in the system
What is enhanced punishment
The practice of elevates the charges and increases the penalty to that associated with the next most serious crime
What are some examples that private prisons have seen scandal and corruption?
The private-prison industry has seen its share of scandal and corruption There have been numerous allegations of physical abuse, neglect, inhuman conditions, and dangerous understaffing Example: Willacy County Correctional Center, shut down after a 5-hour riot in 2015
Who is divided on the death penalty?
The public is divided on the death penalty
Providing evidence can also be different where?
The rules for providing evidence are also different for criminal and civil trials
What are some factors that contribute to the death penalty?
The statutes are among the least complicated: juries need only determine the defendant acted intentionally and is a future threat to society The Texas Court of Criminal Appeals rarely reverses a death sentence The U.S. Fifth Circuit Court of Appeals, which hears appeals from Texas, also rarely overturns cases The Texas Board of Pardons and Paroles, often the final recourse, is even less likely to make sentencing changes
What type of crime is mostly involved in Texas?
The vast majority of crime in Texas involves property
How many cases of exoneration have there been in Texas and what has been a prime example?
There were 1,863 exonerations in the U.S. between 1989 and 2016—281 of them in Texas, more than in any other state In the case of Timothy Cole, even though another man had admitted to the crime, no action was taken until after Cole's death in prison
What is the purpose for the reforms the legislature gave to the prison system?
These reforms showed that a focus on rehabilitation can cut costs and decrease incarceration The state's prison population, which peaked in 2010, has declined; and recidivism has decreased
How much of violent crime is represented?
Violent crime represented 11.9%
What happens when there is misconduct in the Justice System?
When prosecutors fail to follow procedure, it is referred to as misconduct Misconduct can include intentionally denying or hiding evidence, encouraging witnesses to lie, or using their office to intimidate witnesses Example: the case of Michael Morton, in which exculpatory evidence was withheld from the defense
How are women involved in regards to the Texas population in the state prison?
Women make up about half the Texas population but only a small portion of the state's prison population In 2014, only 8.1% of Texas's prison population was female
Texas Code of Criminal Procedure
describes the rules associated with the criminal justice process
Criminal law
defines both the violation and the penalty in cases that involve the penal code
Civil law
has to do with private relationships, rather than the penal code, and may include financial matters or damages to property committed by businesses or other individuals
Depending on the amount of money where can property suit be filled?
justice, county, or district court
Texas penal code
lists and defines offenses and the graded penalties associated with them Offenses are graded in two categories
What is a Felony?
offenses carry penalties ranging from death to a minimum of 180 days in jail