Crime & Society Exam Four: The Criminal Justice System

CONCEPTS OF JUSTICE

1. Crime Control Model - Crime increases when criminals do not fear apprehension and punishment If justice was efficient, then the criminal law would be toughened and crime rates would decline Very expensive method of justice... Purpose of Justice -- 1. protect the public 2. deter criminal behavior 3. incapacitate known criminals Emphasizes protecting society and compensating victims Crime control policies became dominant in 1960's and 1970's some states have recently enacted stiffer penalties for crimes research indicates that strict crime control measures can have a deterrent effect 2. Justice Model - Most concerned about the presence of unequal treatment in the justice system It is futile to rehabilitate criminals both b/c treatment programs are ineffective and b/c they deny people equal protection under the law. It is unfair if two people commit the same crime but receive different sentences b/c only one is receptive to treatment. It is also unfair to punish or incarcerate based on predictions of what offenders will do in the future or on whether others will be deterred by their punishment. Concerned with Racism and Discrimination - which causes sentencing disparity and unequal treatment before the law - Calls for the adoption of sentencing policies, which require all offenders who commit the same type of rime to receive the same sentence Determinate sentences = fixed terms of incarceration. It is felt by many that such sentences are too restrictive for rehabilitative purposes. The advantage is that offenders know how much time the have to serve and when they're getting released.3. Due Process Model - civil rights of the accused should be protected at all times -Believe in individualized justice, treatment and rehabilitation of offenders -Requires practices such as strict scrutiny of police search and interrogation practices Desires competent defense counsel, jury trials and other ----procedural safeguards be offered to every criminal defendant -Has not fared well with recent Supreme Court decisions that expand police ability to search and seize evidence 4. Rehabilitation Model - people commit crime b/c they are victims of social injustice/poverty/racism... -Believes that w/ proper care and tx, criminals can be changed into productive, law-abiding citizens. -Favors programs to help disadvantaged people who commit crime = stop crime by attacking its roots -Rehabilitation within the system: efforts should be made to treat criminals, rather than punish them -also known as the Medical Model - view of dispensing "treatment" to needy "patients" -effective treatment can make a significant difference in reducing offender recidivism 5. Nonintervention Model - arresting and labeling offenders does more harm than good - Believes that the purpose of the criminal justice system is to promote a peaceful, just society. Violent punishing acts of the state are similar to the violent acts of individuals Mutual aid, rather than coercive punishment, is the key.

The Police and Violence

1. How common is the use of force today? a. Official data: of 43M police-citizen interactions, 1% or 422,000 involved use or threatened use of force b. Use of weapons is rarec. Unofficial data would argue that force is used more than reported by law enforcement 2. Race and Forcea. minorities more likely to perceive that police will hassle themb. minorities more likely to know someone mistreated by policec. minorities are more likely to be viewed as more dangerous than Whites by policed. minority youth are more likely to be viewed as older than their same age White peers 3. Deadly force - actions of a police officer that shoots and kills a suspect fleeing from arrest, assaulting a victim, or attacking the officer. a. estimates that police now kill 250 to 1,000 citizens each year b. the following are related to police violence: exp population race and lack of pol ice workload fire arm availability osure to threat and stress type and densityclass discriminationproper training and preparation 4. Controlling force - Tennessee v. Garner - 1985- Court banned the shooting of unarmed or non-dangerous fleeing felons - Developing administrative policies that limit the use of deadly force and contain armed offenders until trained backup teams arrive 5. Killing by police a. the police are killing fewer people b. fewer police are being killed in the line of duty c. 2000 - 51 law enforcement officers killed in the line of duty d. about half of slain officers killed while making an arrest or conducting a traffic stop 6. Non-lethal weapons - there are several different things available to police nowadays... a. wood, rubber or polyurethane bullets b. pepper spray and tasersc. other non-lethal weapons are in development: guns that shoot nets/squirt sticky glue lights that temporarily blind a suspect

Court Structure

17,000 US courts - organized on municipal, county, state and federal levels State Courts 1. 2. 3. 4. Lower Courts - try misdemeanors, conduct preliminary processing of felony offenders Superior Courts - try felony cases Appellate Courts - review criminal procedure of trial to determine if offenders were treated fairly Superior Appellate Courts or State Supreme Courts - review lower court decisions Federal Courts US District Courts - trial courts; have jurisdiction over cases involving violations of federal law Ex: racketeering or interstate transportation of stolen goods Intermediate Courts of Appeal - hear appeals from US District Court US Supreme Court - highest federal appeal court - court of last resort for all court cases composed of 9 members; appointed for life by the President and approved by Congress Court selects the cases they want to hear - selection by a writ of certiorari - = requests a transcript of the case proceedings for review or inspection Court decisions become precedent = landmark decisions - must be honored by all lower courts Annually about 100 million new cases are brought to the courts Cases brought to court are increasing although crime rates are down CONSTITUTIONAL GUARANTEES Each component of the justice system is closely supervised by state and federal courts through the law of criminal procedure which sets out and guarantees citizens certain rights and privileges when they are accused of a crime. Although criminal justice is primarily a state and local function, it is severely constrained by the U.S. Constitution, particularly the Bill of Rights. These are not ideals, but fundamental rights guaranteed to each and every individual. They are best seen as due process rights, which is a matter of procedural fairness. From time to time, the Supreme Court clarifies, expands, or retracts these rights. The notion of due process (as individual rights) is in constant tension with the notion of public safety... Key Constitutional Rights Right of presumed innocence until proven guilty (beyond a reasonable doubt) Court Case Flow Right against arrest w/o probable cause Right against self-incriminationRight to know the chargesRight to due process & an impartial jury Right to speedy and public trial Right to a jury trial (in most cases)Right to fair questioning by policeRight against cruel & unusual punishment Right to remain silentRight to be competent at trialRight to be treated the same as others Right to testify on one's own behalf Right against excessive bail & finesRight to legal counsel (attorney)Right to cross examine and confront witnesses, and to assist in their own defense Right to protection from physical harm throughout the process Right not to be tried twice for same offense (double jeopardy)Right to press coverage & televising of criminal trialsRight to use courts subpoena power to compel witnesses to testifyRight against unreasonable searches & seizures (illegally seized evidence cannot be used at trial)

Orgins of American Criminal Justice System

1829 - the first police agency, the London Metropolitan Police, was developed to keep the peace and identify criminal suspects 1850's (ish) - similar agencies began to develop in the US penitentiary/prison was created to provide "non-physical correctional treatment" convicted offenders 1919 - Chicago Crime Commission - professional association funded by private contributions = acted as a citizen's advocate group to keep track of the activities of local justice agencies = the work of the criminal justice system thus began to be more recognized Now the oldest and most respected citizen's crime commission in the nation 1931 - President Herbert Hoover appointed the National Commission of Law Observance and Enforcement (Wickersham Commission) Appointed to analyze the Amer justice system in detail and help to usher in the era of treatment and rehabilitation Exposed how difficult it was for justice personnel to keep track of the legal and administrative complexity of the system 1967 - President Lyndon Johnson's Commission on Law Enforcement and the Administration of Criminal Justice (the Crime Commission) published its final report "The Challenge of Crime in a Free Society" = the report prompted the creation of legislation and other mechanisms that worked to promote the unification of criminal justice systems across America. Law Enforcement Assistance Administration - provided hundreds of millions of dollars in aid to local and state justice agencies in efforts to make a "System" = research and development to manage law violators from time of arrest through trial, punishment, and release. What is the Criminal Justice System? An instrument of social control... The only social control entity in our society that has legitimate power to formally punish people who break the law by depriving them of freedom or even taking their life. Includes: government agencies charged with enforcing the law, adjudicating crime and, correcting criminal conduct

U.S. Constitution Bill of Rights (Notes)

1st Amendment Links to an external site. - Freedom of speech, press, religion, peaceable assembly and to petition the government. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 2nd AmendmentLinks to an external site. - Right for the people to keep and bear arms, as well as to maintain a militia. A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.Links to an external site. 3rd AmendmentLinks to an external site. - Protection from quartering of troops. No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law 4th AmendmentLinks to an external site. - Protection from unreasonable search and seizure. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 5th AmendmentLinks to an external site. - Due processLinks to an external site., double jeopardyLinks to an external site., self-incrimination, private property. No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 6th AmendmentLinks to an external site. - Trial by jury and other rights of the accusedLinks to an external site.. In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 7th AmendmentLinks to an external site. - Civil trial by jury. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law. 8th AmendmentLinks to an external site. - Prohibition of excessive bail, as well as cruel and unusual punishment. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. 9th AmendmentLinks to an external site. - Protection of rights not specifically enumerated in the Bill of Rights. The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people. 10th AmendmentLinks to an external site. - Powers of states and people. The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.

Punishment and Correction

A BRIEF HISTORY OF PUNISHMENT Reforming Correctional Punishment The Rise of the PrisonCompeting Correctional Models II. THE GOALS OF CRIMINAL PUNISHMENTIII. CORRECTING CRIMINAL OFFENDERS - Contemporary Corrections 1. Probation - Probation ServicesInvestigation - after conviction, probation dept does a background check to facilitate sentencing recommendationsTreatment - Probation dept creates a tx plan depending on the needs of person Supervision - ranges from daily checks to a yearly phone call... Probation Rules and Revocation maintaining steady employment making restitution for loss or damage cooperating with the probation officer obeying all laws meeting family responsibility Success of Probation? 2. Intermediate Sanctions a. Fines b. feiture - of goods and instrumentalities related to the commission/outcome of crime c. Restitution - Monetary restitution to the victim/victim's family or Community Service D. Split Sentencing and Shock Probation Intensive Probation Supervision - Three Primary Goals: Diversion Control Integration Home Confinement/Electronic Monitoring Residential Community CorrectionsBoot Camps / Shock IncarcerationCan Alternatives Work?? Functions and Services confine persons before or after adjudication receive individuals pending arraignment and hold them awaiting trial, conviction, or sentencing readmit probation, parole, and bail-bond violators and absconders temporarily detain juveniles pending transfer to juvenile authorities hold mentally ill persons pending their mvmt to appropriate health facilities hold individuals for the military, for protective custody for contempt, and for he courts as witnesses release convicted inmates to the community upon completion of transfer inmates to federal, state or other authorities house inmates for federal, state, or other authorities b/c of crowding sentence sometimes operate community0based programs as alternatives to incarceration Jail Populations 4. Prisons Types of Prisons -Categorized based on their level of security and inmate population Super Maximum PrisonsPrivate Prisons Prison Inmates: Male Living in Prison Prison Inmates: Female Correctional Treatment -- Does Correctional Treatment Work? Prison ViolenceCorrections and the Rule of LawCruel and Unusual Punishment Degrades the dignity of human life In more severe than the offense for which is has been given Shocks the general conscience and is fundamentally unfair 5. Parole - The Parolee and the Community and How Effective is Parole?

Changing the Police Role

A. Community-Oriented Policing (COP) 1. Wilson and Kelling article, "Broken Windows: The Police and Neighborhood Safety" called for a return to 19th century community policing a. police should get out of their cars b. elicit citizen cooperation c. community preservation, public safety, and order maintenance should be primary focus, not crime fighting d. foster a proactive role in the community rather than a reactive one 2. Implementing COP a. increased foot patrol has little effect on crime but improves citizen attitudes toward police b. neighborhood watch, community newsletters, and other devices to bring the police and the community together - but don't stop crime per se 3. Community policing in action a. implemented in large cities, suburbs, and rural communities. b. some assign officers to neighborhoods, organize training programs for community leaders, and feature a bottom-up approach to dealing with community problems. 4. Neighborhood policing a. policing must be flexible and adaptive.b. allocate resources to meet needs of various neighborhoods. c. neighborhood initiatives ideal way to fight crime.d. citizens provide information in crime investigations. B. Problem-Oriented Policing (POP) - an aggressive strategy of playing an active role in identifying particular community problems 1. Criminal acts/criminal places a. combating auto theft - use of "bait cars" parked in high-theft areas and are equipped with technology that alarms law enforcement when stolen b. reducing violence - members of a gang tactical unit work with neighborhood groups to identify gang problems and then devise a solution c. Operation Cease fire - reduces youth homicide and youth firearm violence C. Does Community Policing Work? 1. 2. 3. 4. 5. 6. 7. 8. Many have embraced community policing as revolutionary -Credited with reducing crime rates in large cities such as Boston and New York Most professional and highly motivated will support COPS -Critics say return to old style of policing is negative Difficult to retrain officers from their traditional roles -Some consider the roles of COPS in conflict with effective law enforcement -Some administrators consider law enforcement as their top priority; community service not necessarily a significant police role -Research indicates that COP programs improve community relations, upgrade police image, and reduce levels of community fear

CRIMINAL JUSTICE AND THE RULE OF LAW

A. Hands-Off Doctrine - US courts exercised little control over the operations of criminal justice agencies B. C. D. E. F. 1. 2. 1960's - under Chief Justice Warren, US Supreme Court became more active in the affairs of the justice system Law of Criminal Procedure - sets out and guarantees citizens certain rights/privileges when accused of a crime. Procedural Laws - control the actions of agencies of justice and defines the rights of criminal defendants US Constitution - most important source of procedural law; specifically the Bill of Rights14th Amendment - 1868 - made the Bill of Rights binding for state governments Exclusionary Rule - illegally seized evidence cannot be used during a trialSupreme Court influence - If the Supreme Court has ruled on a procedural issue the lower courts must follow it. If not, the lower courts are free to interpret the Constitution.

Issues in Policing

A. Police Personality and Subculture 1. Thought to be authoritarian, suspicious, racist, hostile, insecure, conservative, cynical, secretive, and isolated 2. The Police Subculturea. William Westly argued that officers develop into cynics; learn to mistrust citizens b. come to believe that people or out to break the law and harm officersc. most officers ban together in clannishness, secrecy, and insulation from others B. Discretion - crucial force in all law enforcement decision-making Environmental and community factors - community crime levels, informal rules, social climate, community attitudes, tx, alternatives Departmental factors - departmental norms, peers, directives, supervisors Situational factors - demeanor, crime scene, witness, backup Legal factors - type of crime, seriousness of crime Extra-legal factors - income, race, gender Limiting police discretion: a. police administrators have tried to establish guidelines for officer behaviorb. develop civilian review boards that monitor police bhx and investigate civilian bhx C. Minority and Female Police Officers 1. Minority police officers First African American officer in Chicago in 1872. Minorities are still under-represented, but pressure to increase the numbers. Black officers suffer double marginality - deal with the expectation they will give members of their own race a break and experience overt racism from police colleagues. Findings show that black officers are often tougher on black offenders to prove lack of bias. 2. Female police officers a. First female officer in 1845 in NY; matrons restricted to handling females in custody. b. 1910 in Los Angeles, first woman to have title of police officer and full arrest powers. -c. 1972 - Title VII of the Civil Rights Act - police depts began to hire females and assign regular patrol duties d. How effective are female police officers? evaluations show them to be equal or superior to male officers likely to receive community support less likely to be charged with police misconduct have not received support from colleagues struggling for acceptance common to be sexually harassed by coworkers 3. Black female police a. Account for 2% of police officersb. Perceive much more racial discrimination than either other female or black male officers c. Little unity among female officers

Police and rule of law

A. The Arrest Process -several conditions must be met for an arrest to be legal... B. Custodial Interrogation 1. The 5th Amendment guarantees people the right to be free from self incrimination 2. Miranda v. Arizona (1966) - Court created objective standards for questioning by police after defendant taken into custody 3. Miranda warning - officers must inform of the 5th Amendment a. right to remain silentb. If they make a statement, it can be used against them in court c. right to call attorney and have attorney present at interrogation d. if they cannot afford attorney, state will appoint one 4. If Miranda is not issued, then interrogation cannot be admitted at trial 5. The Miranda rule today: a. Defendant's perjured testimony allows government to use illegal evidence to impeach testimony b. Witnesses are allowed even if their revealed identity was in violation of Miranda c. Miranda only applies to attorneys; not priest or probation officers d. Inevitable discovery rule - information of evidence provided by suspect permissible if evidence would have been obtained anyway e. Public safety doctrine - admissible evidence can be obtained without Miranda if the information sought is needed for public safety f. Initial errors do not make subsequent statements inadmissible; just give the Miranda warning g. Suspects do not have to understand the outcomes of waiving their Miranda rights h. Mentally impaired defendants admissions can be admitted if police acted properly and defendant understood Miranda 1. Attorney's request to see defendant does not affect the validity of the right to counsel. j. Mentally ill schizophrenia people may voluntarily confess and waive their Miranda rights k. Once Miranda rights invoked, police cannot reinitiate interrogation 1. Admitting a coerced confession to trial can result in overturning a conviction m. Ambiguous statements about attorneys is not protected under Miranda n. Failure to give a suspect a Miranda warning is not illegal unless the case becomes a criminal matter o. A voluntary statement given in the absence of the warning can be used to obtain evidence that can be used at trial C. Search and Seizure 1. Search warrant - judicial order, based on probable cause, allowing police officers to search for evidence in a particular place, seize that evidence and carry it away. Evidence seized with a valid warrant, can be used at trial. 2. Under certain circumstances search may be conducted without warrant: threshold inquiry (stop-and-frisk) - legal if there is a reasonable belief based on unusual or suspicious behavior that an individual has a concealed weapon; frisking is limited to a pat down of the outer clothingsearch incident to an arrest - for officer safety, to preserve evidence, and prevent escape automobile search - may be searched if believed to have been involved in a crime. motorist search - if danger is perceived, then officer can order drivers and passengers from car during routine traffic stop and conduct limited search. consent search - if people consent, they and their vehicle may be searched plain view - contraband can be seized when it is in plain view seizure of nonphysical evidence - such as conversation, police can seize if individuals had no reason to expect privacy hot pursuit/exigency - during emergency situations

What is the Criminal Justice System?

An instrument of social control... The only social control entity in our society that has legitimate power to formally punish people who break the law by depriving them of freedom or even taking their life.Includes: government agencies charged with enforcing the law, adjudicating crime and correcting criminal conduct

Random Mise

CJ system employs over 2.4 million people in over 55,000 agencies -Law enforcement and prosecutorial agencies, Courts, Correction Institutions, Probation/Parole Depts Males are incarcerated roughly 14x the rate of females Costs federal/state/local government about $270 billion/yr for civil and criminal justice -It costs an average of $106,000 per year to incarcerate an inmate in prison in California. About three- quarters of these costs are for security and inmate health care.

Court Structure (Notes)

Court Structure - 17,000 US courts - organized on municipal, county, state and federal levels State Courts Lower Courts - try misdemeanors, conduct preliminary processing of felony offenders Superior Courts - try felony cases Appellate Courts - review criminal procedure of trial to determine if offenders were treated fairly Superior Appellate Courts or State Supreme Courts - review lower court decisions Federal Courts US District Courts - trial courts; have jurisdiction over cases involving violations of federal law Ex: racketeering or interstate transportation of stolen goods Intermediate Courts of Appeal - hear appeals from US District Court US Supreme Court - highest federal appeal court - court of last resort for all court cases composed of 9 members; appointed for life by the President and approved by Congress Court selects the cases they want to hear - selection by a writ of certiorari - = requests a transcript of the case proceedings for review or inspection Court decisions become precedent = landmark decisions = must be honored by all lower courts Court Case Flow Annually about 100 million new cases are brought to the courts Cases brought to court are increasing although crime rates are down CONSTITUTIONAL GUARANTEES Each component of the justice system is closely supervised by state and federal courts through the law of criminal procedure which sets out and guarantees citizens certain rights and privileges when they are accused of a crime. Although criminal justice is primarily a state and local function, it is severely constrained by the U.S. Constitution, particularly the Bill of Rights. These are not ideals, but fundamental rights guaranteed to each and every individual. They are best seen as due process rights, which is a matter of procedural fairness. From time to time, the Supreme Court clarifies, expands, or retracts these rights. The notion of due process (as individual rights) is in constant tension with the notion of public safety... Key Constitutional Rights Right of presumed innocence until proven guilty (beyond a reasonable doubt) Right against arrest w/o probable cause Right to a jury trial (in most cases) Right against self-incrimination Right to fair questioning by police Right to know the charges Right against cruel & unusual punishment Right to due process & an impartial jury Right to remain silent Right to speedy and public trial Right to be competent at tria Right against excessive bail & fines Right to be treated the same as others Right to legal counsel (attorney) Right to testify on one's own behalf Right to cross examine and confront witnesses, and to assist in their own defense Right to protection from physical harm throughout the process Right not to be tried twice for same offense (double jeopardy) Right to press coverage & televising of criminal trials Right to use courts subpoena power to compel witnesses to testify Right against unreasonable searches & seizures (illegally seized evidence cannot be used at trial) CRIMINAL JUSTICE AND THE RULE OF LAW Hands-Off Doctrine - US courts exercised little control over the operations of criminal justice agencies 1960's - under Chief Justice Warren, US Supreme Court became more active in the affairs of the justice system Law of Criminal Procedure - sets out and guarantees citizens certain rights/privileges when accused of a crime. Procedural Laws - control the actions of agencies of justice and defines the rights of criminal defendants US Constitution - most important source of procedural law; specifically the Bill of Rights 14th Amendment - 1868 - made the Bill of Rights binding for state governments Exclusionary Rule - illegally seized evidence cannot be used during a trial Supreme Court influence - If the Supreme Court has ruled on a procedural issue the lower courts must follow it. If not, the lower courts are free to interpret the Constitution.

GOING TRHOUGH THE PROCESS = discretion, discretion, discretion

Discretion - marks each stage of the process - thus the CJ system acts like a funnel Celebrity Cases - receive a great deal of attention. May skew people's perception of the criminal process Non-Celebrity Cases - most defendants or indigent people who cannot afford a comprehensive defense A. courtroom work group - all the parties in the adversarial process (judges, prosecutors and defenders) work together to settle cases with the least amount of effort and conflict "Bargain Justice" occurs in more than 90% of cases System cannot work efficiently if every case went to trial... Discretion vs Discrimination -There is a disproportionate number of minorities, specifically black men and American Native Indians incarcerated -In some cases disparity seems to exist in sentencing = one study in MD found that African Americans have 20% longer sentences than whites, even when holding constant age, gender and recommended sentence lengths -However, definitive evidence re: a pattern of racial discrimination sentencing is not consistent What has been observed however is the following: - minority defendants are more likely to be detained before trial than whites - prosecutors are less likely to divert minorities from the legal system than whites minorities have less money for bail and private attorneys

The Process of Justice - "Assembly-line justice"

Every stage of the justice process decisions are made whether to send the case further down the line Decisions transform individual identities: From the accused, to a defendant, to a convicted criminal, to an inmate, to an ex con Decision-making and discretion mark each stage of the system... The Justice System acts like a funnel in which the majority of cases are screened out before trial FROM SUSPECT TO DEFENDANT TO IMPRISONMENT (1) INITIAL CONTACT - The process begins with the police discovering something or having it discovered for them. This is known as proactive or reactive policing, respectively. Most policing is reactive, with the police diligently following up, or probing, the truthfulness of any allegations or complaints. (2) INVESTIGATION - Someone becomes a "subject of investigation" when they are someone police are looking into, and someone becomes a "target" of investigation when it is likely they will be charged with a crime. Although there are special procedures for when somebody formally becomes a "suspect", all investigative procedures at this level are characterized by suspicion. At this time, police gather sufficient facts or evidence to identify the perpetrator, justify an arrest, and bring the offender to trial. (3) ARREST - Police always work up from a state of being naturally suspicious. When they arrest somebody, they have worked up to probable cause. There are many constitutional safeguards at this step of the process, but nobody questions the right of police to investigate and make arrests. Arrests are legal when: It costs an average of $106,000 per year to incarcerate an inmate in prison in California. About three- quarters of these costs are for security and inmate health care. An officer believes there is sufficient evidence (probable cause) that a crime has been committed and that the suspect committed the crime "crime" in this sense of the word can include things such as traffic violations... The officer deprives the individual of freedom The suspect believes self to be in custody of police and cannot voluntarily leave PROBABLE CAUSE - the evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant; less than absolute certainty or "beyond a reasonable doubt" but greater than mere suspicion or hunch. A set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense. An arrest made without probable cause may be susceptible to prosecution as an illegal arrest under false imprisonment statutes. (4) CUSTODY and BOOKING - After an arrest...This is a part of the process that involves custody, detainment, deprivation of liberty, and other personal intrusions, up to and including body cavity searches. The suspect is taken to the police station...Someone is "booked" when their picture and fingerprints are taken and their personal information is recorded. An administrative record is made of the arrest, and it's at this step of the process when the suspect finds out the details of what they are being charged with and fills out a form that they have been advised of their rights. This step is characterized by accuracy of identification (sometimes by a witness in a lineup) and/or a review of records. Interrogation and confession can also occur at this stage as well as being asked to identify others involved in the crime. (5) COMPLAINT/CHARGING - with sufficient evidence, the police turn the case over to the prosecutor. Decisions are made to file a complaint for court to have authority over the case. The prosecutor determines whether or not to file a complaint, information or bill of indictment. COMPLAINT - Used in misdemeanors = a sworn allegation made in writing to a court or judge that an individual is guilty of some designated (complained of) offense. This is often the first legal document filed regarding a criminal offense. The complaint can be "taken out" by the victim, the police officer, the district attorney or another interested party. Although the complaint charges the offense, an indictment or information may be the formal charging document. INFORMATION or INDICTMENT -- The word information refers to a form the prosecutor files with a court to declare his or her intention to prosecute the case. An information is only filed upon completion of a successful preliminary hearing. A prosecutor also has the option (and is required in some states) to go before a Grand jury, which is best seen as a standing committee of honorable citizens (usually 12) brought together to consider the case in a closed hearing. Defendants and their attorneys are not allowed in Grand jury proceedings, and any majority vote by the Grand jury to proceed with prosecution is known as a True Bill, resulting in a different form, called an indictment, filed with a court. As a general rule, felonies are usually handled by indictments and misdemeanors by an information. This step is characterized by power, as it should be obvious that prosecutors have an enormous amount of resources and decision-making authority at this point. (6) GRAND JURY / PRELIMINARY HEARING / PROBABLE CAUSE HEARING - The constitution mandates that before standing trial for a serious crime, the state must prove probable cause that the accused committed the criminal act. In half of states the determination of probable cause is made by a grand jury, a group of citizens who considers the case and decides if there is enough evidence to proceed. The purpose of a preliminary FIRST APPEARANCE / BAIL - Within hours of being booked, suspects are either brought before a magistrate, have their cases heard before a magistrate, or have the going rate determined by a magistrate, all for the purpose of setting the amount of bail. Bail bondsmen and appointed counsel also become initially involved at this step, depending upon a person's financial circumstances. This step is characterized by an inherent flaw in our current system of justice - it's based on how much money a person has... -hearing is for a hearing judge to look into the probable cause that police used and determine if there's enough evidence to continue with legal proceedings. A hearing judge considers the sufficiency of evidence, whether a nexus, or connection, exists between the statutory elements of the crime and what police say the person did, and whether the proper jurisdiction exists. This step is characterized by discovery and disclosure, which means that a numberofpeopleshareinformationaboutthesuspectintheirrespectiveadvocacyroles(prosecution,defense). It's the step one often hears about in terms of the myth that the case is thrown out if the suspect shows up and the police do not (the truth is it depends upon the evidence and presentation of witnesses). Upon completion of this step, a suspect has either cleared himself, is declared incompetent to stand trial, or formally becomes a defendant for trial. (7) ARRAIGNMENT -- This is the first public appearance of the defendant in open court, a court that has the jurisdiction to conduct a trial. The accused must stand and listen as the complaint is read, although they should have already been given a copy. Their identification is confirmed, and they are asked if they have been informed of the charges and their legal rights. The judge may also inquire as to whether the defendant has legal counsel, and why or why not. An arraignment is generally a brief process where the judge only wants to hear one of three things: guilty, not guilty, or no-contest (nolo contendere, an admission of guilt that cannot be used as an admission of guilt in civil justice). This is known as the plea, and the defendant must utter one of those with no room for explanation or elaboration. If the defendant pleads guilty or no-contest, they are sentenced on the spot. Iftheypleadnotguilty,theyarescheduledfortrialand/ororderedtoundergopsychiatricevaluation. Adefendant who stands mute has a plea of not guilty entered on their behalf. (8) BAIL OR DETENTION - The monetary amount needed to obtain pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure that the defendant appears at subsequent court / trial proceedings while also allowing the defendant freedom until that time. The Eighth Amendment provides that excessive bail shall not be required. PREVENTIVE DETENTION - If the accused is unable to make bail, or it has been determined that they pose too great a danger to society, he or she is detained in jail. Bailees may be responsible for 1.5 million serious crimes yearly. public order offenders = likely to be let out on bail / Violent offenders = more likely to be detained A negative aspect of preventive detention, is that a person who has NOT been convicted of a crime is incarcerated for an extended period of time w/o the chance to participate in their own defense. RELEASE ON RECOGNIZANCE(ROR) - A pledge by the accused to return for trial, which may be accepted in lieu of bail. Granted after the court has determined that the accused has ties to the community, has no prior record of default and is likely to appear at subsequent proceedings. Begun by the Vera Foundation in NY and was proven successful. The Federal Bail Reform Act of 1984 made ROR an assumption unless the need for greater control can be shown in court Bail Today - Data indicates that most defendants (62%) make bail; 38% held until trial ends Most defendants return for court Most bailees do not commit more crime while in the community. Bail Guidelines - standard bail amounts are set based on such factors as criminal history / current charges Bail Bonding Agent - a person whose business is providing bail to needy offenders; usually at an exorbitant rate of interest. Surety Bond - Generally 10% of the original bail amount. This amount is given by the defendant to the bonding agent as a form of "commission" for the posting of bail. Skip Tracer / Recovery Agent - an individual hired by a bonding agent to track down a fugitive in order to recover the lost bond. These modern bounty hunters receive a share of the recovery, and unlike police, bounty hunters can enter a suspect's home w/o a warrant in most states. Problems with Bail System 1. 2. 3. 4. it penalizes the indigent /impoverished offender who cannot pay the bond w/o bail, the state must pay for the detention of the offender = high expense there's an increased punishment risk for those who don't make bail bailing and bonding agents have been accused of unscrupulous practices such as bribing officials Bail Reform - began in 1961 to alleviate problems Deposit Bail System - Abuse by bail bonding agents have prompted some states to start a system of defendants posting 10% with the court. The full amount is required if defendant fails to show for court. Federal Bail Reform Act of 1984 Reform encouraged the use of pretrial release (ROR) (9) PLEA BARGAINING - may be done before or after an arraignment. In this instance the defendant agrees to plead guilty for reduced charges, a lenient sentence, or another consideration. Most defendants will have had their defense attorney arrange a plea bargain beforehand, so that the act of pleading guilty is openly noted as a negotiated plea to which the judge has or does not have prior knowledge of, but in all cases must consent to -- buttheycan'toccuratthelastminuteduringarraignment. Ajudgecanrejectapleaofguiltyiftheythinkitwas made non-intelligently, under duress or if the bargain is too last-minute or lenient. This step of the process is characterized by speed. ** 90% of felony defendants and 98% of misdemeanor defendants plea bargain to settle their cases Motivations for Plea Bargains: 1. prosecution has a strong case = going to lose anyway2. sentence might be minimized if agree to a plea versus a trial3. a plea may be less damaging to one's reputation/future than a criminal conviction 4. defense attorney may seek to limit involvement in the case = easier... Plea Bargaining Issues:1. costs of prosecution are reduced (+) 2. efficiency of courts is improved (+)3. prosecution can spend more time on cases of greater seriousness/importance (+) 4. defendant may receive a reduced sentence (+/-)5. encouraged defendants to waive their constitutional right to a trial (-)6. raises the danger that an innocent person will be convicted (-)7. some feel that it allows dangerous criminals to get off light (-)8. may undermine public confidence in the law/system (-) Control of Plea Bargaining - efforts are being made to convert plea bargaining into a visible, understandable and fair process - doubtful that it will ever be eliminated- some states have abolished plea bargaining (10) TRIAL / ADJUDICATION - With no plea bargain, the defendant goes to trial. This is an open or closed trial in which matters of fact and law are examined for the purpose of reaching a judgment of conviction or acquittal. A jury is usually the trier of fact (did they do it) and the judge the trier of law (admissibility of evidence and penalties). Less serious offenses don't require a jury, and even in serious cases (if state law allows), the defendant can waive his or her right to a jury trial. Such proceedings are called bench trials where the judge serves as both trier of fact and law. The adjudication stage is ruled by strict rules of procedure, evidence, and precedent. An adversarial system is also adhered to where both sides (prosecution, defense) argue vociferously within boundaries set by professional ethics. The standard for conviction is beyond a reasonable doubt. This step is characterized by being enormously expensive, time-consuming, and stressful. There are many salaries to be paid. Private attorneys, for example, make $800 an hour for time spent in the courtroom (public defenders make less, about $40 an hour). Add DNA testing or forensic analysis, and each modern trial in America easily costs millions of dollars. A. Not Guilty (Acquitted) B. Guilty C. Hung Jury - when the jury fails to reach a decision. The case is then unresolved and open for possible retrial (11) SENTENCING / DISPOSITION - This is a hearing held after a judgment of conviction where a judge imposes some form of punishment. A judge has considerable discretion in sentencing, although some state and federal laws now place limits on that discretion. Offenders found guilty on more than one charge can serve sentences consecutively (one at a time) or concurrently (all at the same time - imprisonment is completed after the longest time has been served). When the accused is convicted of two or more charges, a sentence must be issuedoneachcharge.Manysentencesareappealed,buttheappealsprocessiscomplex. Thisstepischaracterized by the court's desire to settle everything. Prior to this hearing, the judge may order a pre-sentence investigation on the defendant's family history, economic circumstances, employment history, emotional state, social background, and criminal history. For juveniles, the investigational report is called a "social history report". Victim Impact Statements may also be reviewed... DISPOSITIONS: Dispositions may include a fine/restitution, community service, probation, psychological or drug treatment, incarceration or even death. Sentencing is also used to order court costs and victim reparations be paid by the offender. JUVENILE DISPOSITIONS - the equivalent of sentencing for adult offenders. The theory is that disposition for juveniles should be more rehabilitative than retributive. Possible dispositions may be to dismiss the case, release the youth to custody of his or her parents, place the offender on probation, or send him/her to a correctional institution. APPEAL / POSTCONVICTION REMEDIES - after disposition, defendants may appeal to a higher court if they feel that they were treated unfairly or a legal error took place. If the court agrees, the defendant may be granted a new trial or possible release. (12) POSTCONVICTION REMEDIES - If defendant believes he or she was not treated fairly by the justice system, they may appeal the conviction. If their appeal has merit, the defendant may be given a new trial or even be outright released. (13) CORRECTIONAL TREATMENT - Those who are found guilty and are formally sentenced come under the jurisdiction of correction authorities. This is the process of doing time in prison, being classified according to local procedures, being housed in an appropriate facility, and being assigned to an adequate treatment program. Also called institutional corrections, prisons are generally places characterized by violence, overcrowded conditions, and minimal opportunities for treatment. There are few luxuries, and prison life is becoming less and less attractive with the elimination of privileges like smoking, cable TV, weightlifting, boxing, and martial arts. (14) RELEASE (PROBATION and PAROLE) -- Not all convicted persons wind up in prison, and most of those that do eventually get released back into the community. Traditionally, probation occurs as an alternative to prison and parole as a form of supervision after prison, but things such as shock probation (a taste of prison life before probation) and shock parole (a taste of prison life after parole) have become commonplace. Also called community corrections, probation and parole involve monitoring readjustment to society under strict rules or conditions. Violators of those conditions are called technical violators, and those kind of violators far outnumber the few who commit new crimes while out in the community. A large number of people are on probation or parole. Adding them to the correctional count (calling it the number under some form of correctional care) comes out to about 6 million. (12) POST RELEASE / AFTERCARE - in some cases an offender may be asked to spend some time in a community correctional center, which acts like a bridge between a secure tx facility and freedom.

Contemporary Criminal Justice

FBI Statistics (2019): # of Arrests: Nationwide, law enforcement made an estimated 10,085,207 Of these arrests, 495,871 were for violent crimes, and 1,074,367 were for property crimes The highest number of arrests were for: drug abuse violations (estimated at 1,558,862 arrests) driving under the influence (estimated at 1,024,508) larceny-theft (estimated at 813,073) Sex: 72.5% of the persons arrested in the nation were males. They accounted for 78.9 percent of persons arrested for violent crime and 62.3 percent of persons arrested for property crime. -Race of those arrested: 69.4 % of all persons arrested were White (Cauc and Hispanic/Latino is not separated) 26.6 % were Black or African American, and the remaining4.0 % were of other races.Of arrestees for whom ethnicity was reported, 19.1 % were Hispanic or Latino. -Of all juveniles (persons under the age of 18) arrested in 2019 -62.5 percent were White,33.9 percent were Black or African American, and 3.6 percent were of other races. Of juvenile arrestees for whom ethnicity was reported, 23.6 percent were Hispanic or Latino.

Police & the Courts: Investigation, Arrest & Adjudication

Law Enforcement / Police = gatekeepers of the criminal justice system Initiate contact with law violators Most visible members of the criminal justice system Decide whether to formally arrest or settle informally Racial Profiling - selecting subjects on the basis of their ethnic or racial backgroundResearch shows that minorities are more adversely affected than whites by police misconduct I. THE HISTORY OF THE POLICE ~A. U.S. police agencies can be traced to early English society Before Norman Conquest, no regular police force Pledge system - every man was responsible for aiding his neighbors and protecting the settlement from thieves and marauders Constable - dealt with more serious breaches of the law Shire reeve - forerunner of today's sheriff; appointed by the crown to supervise a certain territory and assure the local nobleman that order would be kept Watch system - watchmen that protect cities and towns by patrolling at night and protecting against robberies, fires, and disturbances Justice of the Peace - created in 1326 to assist the shire reeve in controlling the county B. The London Police 1. Sir Robert Peel, England's home secretary, in 1829 had Parliament pass an "Act for Improving the Police in and Near the Metropolis." a. Act established the first organized police in Londonb. Composed of 1000 men, along military lines; a distinctive uniform 2. Led by 2 magistrates, later known as commissioned C. Policing the American Colonies Law enforcement paralleled the British model County sheriff became the most important law enforcement agent Peacekeeping and crime fighting Collected taxes Supervised elections Reacted to citizen's complaints Investigated crimes that already occurred Paid by the fee system = given a fixed amount for every arrest made, subpoena served, or court appearance made 3. Town Marshal policed citiesa. Aided often unwillingly by constables, night watchmen, police justices, and city councilmen b. Offered rewards for the capture of felons 4. After revolution, larger cities had elected or appointed leaders.Nightwatchmen - called leatherheads, b/c of their helmets, patrolled the streets calling the hour D. Early American Police Agencies 19th century - urban mob violence led to modern police departments Boston - 1st formal police department in 1838 Politics dominated the departments Mid-19th century - detective bureau set up in Boston police Police in 19th century - incompetent, corrupt, and disliked E. Reform Movements Uniforms introduced in 1853 in New York Late 1850's - precincts linked to central headquarters by telegraph Call boxes - allowed patrol officers to communicate with commanders Non-police functions abandoned after civil war Efforts to prevent police corruption, but not very successful Boston Police Strike of 1914: a. dissatisfaction with the status of police officers in society b. police unionized, held a strike and lost public support.c. striking officers were fired and replacedd. ended police unionism for decades Wickersham Commission -1929-1933: created by President Hoover to study police issues on a national scale. F. The Advent of Professionalism 1. 1920' s - August Vollmer, police chief of Berkeley, CA a. instituted university training as part of development of police officers b. helped develop School of Criminology at the University of California at Berkeley - the model for justice related programs around the country 2. Technological breakthroughs: a. Communications - telegraph call boxes installed in 1867 b. Transportation - bicycles - 1897; automobiles - 1910 3. 1960's - efforts to promote understanding between police and community a. Reduce police brutalityb. Recognize the stresses of police work. II. LAW ENFORCEMENT AGENCIES TODAY Today about 800,000 full-time law enforcement officers in the U.S. - employed in almost 18,000 different agencies A. FEDERAL LAW ENFORCEMENT - about 50 different organizations 1. The Federal Bureau of Investigation a. History: 1870 - Attorney Gen hired investigators to enforce the Mann Act (re: prostitution across state lines) 1908 - investigators became the Bureau of Investigation 1930's - reorganized into FBI under J. Edgar Hoover Today = investigative agency w/ jurisdiction over all matters in which the US is or may be an interested party. Jurisdiction limited to federal matters: espionage, sabotage, treason, civil rights violations, murder and assault of federal officers, mail fraud, robbery and burglary of federally insured banks, kidnapping, and interstate transportation of stolen vehicles and property Offers services to local law enforcement agencies Vast fingerprint file and sophisticated crime laboratory FBI National Crime Information Center - computerized network to link local police depts by terminals Post 9/11, the FBI has shifted its priorities ~ Top Ten Priorities of the FBI Protect US from terrorist attacksProtect US from foreign intelligence operations and espionageProtect US against cyber based attacks and high-tech crimesCombat public corruption at all levelsProtect Civil RightsCombat transnational and national criminal organizations and enterprises Combat major white-collar crimeCombat significant violent crimeSupport federal, state, county, municipal, and international partners, Upgrade technology to successfully perform the FBI's mission Other Federal AgenciesDrug Enforcement Administration (DEA) - investigate illegal drug use; conduct independent surveillance and enforcement to control the importation of narcotics U.S. Marshals - court officers who implement federal court rulings, transport prisoners, and enforce court orders Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has jurisdiction over the sale and distribution of firearms, explosives, alcohol and tobacco products Internal Revenue Service (IRS) - est 1862, enforces violations of income, excise, stamp and other tax laws. Pursues gamblers, narcotics dealers, and other violators who do not report illegal financial gains as income Department of Homeland Security (DHS) - created after 9/11 by President George W. Bush Mission: a. Prevent terrorist attacks within the U.S.b. Reduce America's vulnerability to terrorism c. Minimize the damage and help recover from attacks that do occur Four Main Directorates The Border and Transportation Security directorate The Emergency Preparedness and Response directorate The Science and Technology directorate The Information Analysis and Infrastructure Protection directorate B. COUNTY LAW ENFORCEMENT 1. Independent agency whose senior officer, the sheriff, is usually elected 2. Evolved from early English shire reeve3. Nearly 330,000 full-time employees; including 175,000 sworn (and growing 4% ea yr) 4. Functions are mostly carried out in unincorporated areas within the county 5. Law enforcement services provided: - Keepers of the county jail - Routine Patrol - Respond to citizen calls- Investigate crimes- Executors of criminal and civil processes C. STATE POLICE Texas Rangers - 1835 - considered the first state police force Connecticut and Pennsylvania lead state policing in 20th century State police agencies created from low regard of public for crime fighting ability of local police and the increasing mobility of criminals Today about 60,000 full-time state police officers + 30,000 other full-time employees Major roles: - Controlling traffic on the highway system - Aiding in disturbances - Tracing stolen automobiles - Crowd Control D. METROPOLITAN POLICE 1. Today, there are more than 13,000 local police departments nationwide with about 565,000 full-time employees, including 450,000 sworn personnel 50 departments employ 1,000+ officers vs about 800 departments employ just 1 officer Larger, urban depts operate w/o specific administrative control from any higher govmntl authority Common for mayor to control hiring and firing of police chief Police Functions - Duties include:a. law enforcement functions identify criminal suspects investigate crimes apprehend offenders and participate in their trials deter crime through patrol b. order maintenance functions resolving conflict and keeping the peace maintaining a sense of community security keeping vehicular and pedestrian movement efficient promoting civil order c. service functions aiding individuals in danger or in need of assistance providing education and outreach providing emergency medical services maintaining and administering police services recruiting and training new police officers A. Patrol Function providing education and outreach providing emergency medical services maintaining and administering police services recruiting and training new police officers 1. Involves police visible presence = enhanced public safety 2. Purpose: Deter crime Maintain orderEnforce laws Aid in service functions 3. Techniques: foot patrol - officer walk the area, or beat, assigned aggressive preventive patrol- designed to deter crime 4. Preventing and Deterring Crime:a. Proactive policing - improved response time, lg response per incidentb. Full enforcement/zero tolerance - gives people a sense that arrests are high c. Targeting crimes - trying to go after specific crime (drugs/guns)d. Making arrestse. Adding patrol officers = improves the quality of police work overall B. Investigation Function1. Detective - established by the London Metropolitan Police in 1841 usually enter a case after it has been reported to police use various investigatory techniques: having witnesses look at mug shots and becoming familiar with the modus operandi (MO) of the offender use sting type operations to solve some cases morals or vice squads - specialize in victimless crimes (ex: prostitution or gambling) 2. Are Investigations Effective? -- Rand Corporation - 1975 study of 153 detective bureaus * found much of detectives' time was spent in nonproductive work. * found that investigative expertise did little to help solve cases - simple, routine activities solved more than half the cleared cases * estimated that half of detectives could be removed without reducing clearance rates

Anatomy of a Criminal Trial

Most criminal trials follow a uniform set of procedures. The many rituals associated with modern trials have developed over centuries. America's common law heritage makes it possible for all states and the federal government to follow a largely uniform set of procedures. Assuming that the trial is carried out to completion, those procedures are as follows: Decision on judge or jury. The defense decides whether it wants the case tried by a judge or a jury (the prosecution can't require a jury trial). Jury selection. If the trial will be held before a jury, the defense and prosecution select the jury through a question and answer process called "voir dire." Usually, a criminal trial jury consists of 12 people, with 2 alternates. Potential jurors (those on the original list are referred to as the venire/jury array) are questioned by both the prosecution and defense to determine their appropriateness to sit on the jury. Those with bias, relationship to the defendant, or a formed opinion are replaced (a.k.a. challenged/removed for cause). Either side can excuse a certain number of jurors for no particular reason (a.k.a. peremptory challenge). In federal courts and many state courts, the judge carries out this process using questions suggested by the attorneys as well as questions that the judge comes up with on his or her own. Evidence issues - The defense and prosecution request the court, in advance of trial, to admit or exclude certain evidence. These requests are called motions "in limine." Opening statements - The prosecution and then the defense make opening statements to the judge or jury. These statements provide an outline of the case that each side expects to prove. Because neither side wants to look foolish to the jury, the attorneys are careful to promise only what they think they can deliver. In some cases the defense attorney reserves opening argument until the beginning of the defense case. Prosecution presents its case - The prosecution presents its main case through direct examination, (questioning etc) of prosecution witnesses by the prosecutor. Cross-examination - The defense may cross-examine the prosecution witnesses. Redirect examination - The prosecution may re-examine its witnesses. Prosecution rests - The prosecution finishes presenting its case.Motion to dismiss - The defense makes a motion to dismiss charges. (Optional)Denial of motion to dismiss - Almost always, the judge denies the defense motion to dismiss. Upon completion of a trial, the defendant will be found : Defense presents its case - The defense presents its case through direct examination of defense witnesses. Cross-examination - The prosecutor cross-examines the defense witnesses. Redirect examination - The defense may re-examine the defense witnesses. Defense rests - The defense finishes presenting its case. Prosecution rebuttal - The prosecutor may offer evidence (not used in initial presentation) to refute the defense Settling on jury instructions - The prosecution and defense get together with the judge and craft a final set of instructions that the judge will give the jury. Prosecution closing argument - The prosecution makes its closing argument, summarizing the evidence as the prosecution sees it, and explaining why the jury should render a guilty verdict. Defense closing argument - The defense makes its closing argument, summarizing the evidence as the defense sees it, and explaining why the jury should render a not guilty verdict -- or at least a guilty verdict on a lesser charge. Jury instructions - The judge instructs the jury about what law to apply to the case and how to carry out its duties. (Some judges "pre-instruct" juries, reciting instructions before closing argument or even at the outset of trial.) Jury deliberations & verdict - The jury deliberates and tries to reach a verdict. Most states require unanimous agreement, but OR and LA allow convictions with only 10 of 12 votes. If no verdict can be reached, trial may result in a hung jury. Post-trial motions. If the jury produces a guilty verdict, the defense often makes post-trial motions requesting the judge to override the jury and either grant a new trial or acquit the defendant. Denial of post-trial motions. Almost always, the judge denies the defense post-trial motions.Sentencing. Assuming a conviction (a verdict of "guilty"), the judge either sentences the defendant on the spot or sets sentencing for another day.

Police & the Courts: Investigation, Arrest & Adjudication

Origins of American Criminal Justice System 1829 - the first police agency, the London Metropolitan Police, was developed to keep the peace and identify criminal suspects 1850's (ish) - similar agencies began to develop in the US penitentiary/prison was created to provide "non-physical correctional treatment" convicted offenders 1919 - Chicago Crime Commission - professional association funded by private contributions = acted as a citizen's advocate group to keep track of the activities of local justice agencies = the work of the criminal justice system thus began to be more recognized Now the oldest and most respected citizen's crime commission in the nation1931 - President Herbert Hoover appointed the National Commission of Law Observance and Enforcement (Wickersham Commission) Appointed to analyze the Amer justice system in detail and help to usher in the era of treatment and rehabilitation Exposed how difficult it was for justice personnel to keep track of the legal and administrative complexity of the system 1967 - President Lyndon Johnson's Commission on Law Enforcement and the Administration of Criminal Justice (the Crime Commission) published its final report "The Challenge of Crime in a Free Society" = the report prompted the creation of legislation and other mechanisms that worked to promote the unification of criminal justice systems across America. Law Enforcement Assistance Administration - provided hundreds of millions of dollars in aid to local and state justice agencies in efforts to make a "System" = research and development to manage law violators from time of arrest through trial, punishment and release.

Actors in the Judicatory Process

Prosecutors -Represent the state in criminal matters before the court -State court prosecutors' offices employ about 79,000 attorneys, investigators and support staff Types of Prosecutors Federal - chief prosecuting officer is the US Attorney General Assistants are known as US Attorneys - appointed by the President Represent the government in federal district courts State - District ~ County ~ Prosecuting ~Commonwealth or State's Attorney Typically elected officials Other staff attorneys and support personnel handle most criminal prosecution Work is often specialized into felonies, misdemeanors, trial and appeal assignments Prosecutorial Discretion The choice of acting on the information brought by the police or deciding not to file for an indictment Can attempt to prosecute and then drop the case - nolle prosequi Can negotiate plea bargains Factors Influencing Decision Making: The characteristics of the crime - degree of violence etcOffender's characteristics including prior recordVictim's characteristicsOffender and victim's cooperation with law enforcement and overall attitude Possibility of undue harm either to victim or suspect The availability of civil sanctions or alternative procedures The cost of prosecution or case pressure Defense Attorneys - represent the accused in the criminal process Types of Defense Attorneys A. Public Defender - salaried staff of full- or part-time attorneys that render indigent criminal defense services through a public or private nonprofit organization, or as a direct government paid employee B. AssignedCounsel-appointmentfromalistofprivatebarmemberswhoacceptcaseson a judge-by-judge, court-by-court, or case-by-case basis. This system is used where case flow is minimal and a full-time public defender is not needed (less populated areas). C. Contract - non-salaried private attorneys, bar associations, law firms, consortiums or groups of attorneys, or non-profit corporations that contract with a funding source to provide court-appointed representation in a jurisdiction. Conflicts of Defense officers of the court vs defense advocate - obligated to uphold the integrity of the legal profession and to observe the requirements of the Code of Professional Responsibility of the American Bar Association in the defense of a client clients who perjure themselves - attorney can withdraw from the case many ethical issues to consider if a defense attorney Judges - senior officer in a court of criminal law - the person "in charge" During the trial judges: rule on the appropriateness of conduct settle questions of evidence and procedure guide the questioning of witnesses After the trial: judges must instruct the jury members on which evidence can be examined and which should be ignored formally charges the jury by instruction on the points of law if jury trial is waived, judge must decide for complainant or defendant if defendant is found guilty, judge decides sentence has considerable control over service agencies of the court, such as probation Judicial Selection - varies by state... (as does the number of yrs a judge serves on the bench) governor appointment judicial recommendations must be confirmed by another group like the state senate popular election Missouri Plan - adopted by more than 30 states - judicial nominating commission to nominate candidates for the bench - an elected official to make appointments from the list submitted by commission - subsequent nonpartisan, noncompetitive elections in which incumbent judges run on their records Judicial Overload little or no formal training on how to be a judge - entails an overwhelming amount of work that has risen over the years entails a lot of pressure to move cases along...

Actors in the the Judicatory Process (Notes)

Prosecutors Represent the state in criminal matters before the court State court prosecutors' offices employ about 79,000 attorneys, investigators and support staff Types of Prosecutors Federal - chief prosecuting officer is the US Attorney General - Assistants are known as US Attorneys - appointed by the President - Represent the government in federal district courts State - District ~ County ~ Prosecuting ~Commonwealth or State's Attorney - Typically elected officials Other staff attorneys and support personnel handle most criminal prosecution - Work is often specialized into felonies, misdemeanors, trial and appeal assignments Prosecutorial Discretion The choice of acting on the information brought by the police or deciding not to file for an indictment Can attempt to prosecute and then drop the case - nolle prosequi Can negotiate plea bargains Factors Influencing Decision Making: The characteristics of the crime - degree of violence etc Offender's characteristics including prior record Victim's characteristics Offender and victim's cooperation with law enforcement and overall attitude Possibility of undue harm either to victim or suspect The availability of civil sanctions or alternative procedures The cost of prosecution or case pressure Defense Attorneys - represent the accused in the criminal process Types of Defense Attorneys Public Defender - salaried staff of full- or part-time attorneys that render indigent criminal defense services through a public or private nonprofit organization, or as a direct government paid employee Assigned Counsel - appointment from a list of private bar members who accept cases on a judge-by-judge, court-by-court, or case-by-case basis. This system is used where case flow is minimal and a full-time public defender is not needed (less populated areas). Contract - non-salaried private attorneys, bar associations, law firms, consortiums or groups of attorneys, or non-profit corporations that contract with a funding source to provide court-appointed representation in a jurisdiction. Conflicts of Defense officers of the court vs defense advocate - obligated to uphold the integrity of the legal profession and to observe the requirements of the Code of Professional Responsibility of the American Bar Association in the defense of a client clients who perjure themselves - attorney can withdraw from the case many ethical issues to consider if a defense attorney Judges- senior officer in a court of criminal law - the person "in charge" During the trial judges: rule on the appropriateness of conduct settle questions of evidence and procedure guide the questioning of witnesses After the trial: judges must instruct the jury members on which evidence can be examined and which should be ignored formally charges the jury by instruction on the points of law if jury trial is waived, judge must decide for complainant or defendant if defendant is found guilty, judge decides sentence has considerable control over service agencies of the court, such as probation Judicial Selection - varies by state... (as does the number of yrs a judge serves on the bench) governor appointment judicial recommendations must be confirmed by another group like the state senate popular election Missouri Plan - adopted by more than 30 statesjudicial nominating commission to nominate candidates for the benchan elected official to make appointments from the list submitted by commissionsubsequent nonpartisan, noncompetitive elections in which incumbent judges run on their records Judicial Overload little or no formal training on how to be a judge entails an overwhelming amount of work that has risen over the years entails a lot of pressure to move cases along...

Sentencing structures

SENTENCE DISPARTIY its common for people convicted of similar crimes to receive widely different sentences few defendants actually serve their entire sentence factors which influence sentencing: - the severity of the offense - the most serious charges = less discretion - offender's prior criminal record- offender's use of violence / use of weapons- whether the crime was committed for money - age, race, gender and economic status may also influence sentencing - considerable evidence points to the fact that it may not be the race of the offender so much as the race and social class of the victim that are the most important factors in sentencing decisions SENTENCING STRUCTURES 1. 2. 3. Indeterminate Sentences - sentences with brief minimums and very long maximums; allows the parole board to release when rehabilitated. Determinate Sentences - fixed term issued by the judge that falls within the set statute. Structured Sentencing - guidelines developed to control and structure the sentencing process and make it more "rational". Based on the seriousness of the crime and background of offender How are guidelines used?17 states use some type of structured sentence Research indicates that judges diverge from guidelines Voluntary/Advisory Guidelines = used merely to suggest rather than mandate sentencing. Presumptive Guidelines - created by appointed sentencing commission, which determine an "ideal" sentence for a particular crime and offender Mandatory Sentences - require incarceration of all offenders convicted of a specific crime limits judge's discretionary power may supplement an indeterminate sentencing structure or is a feature of structured sentencing. Three-Strikes Laws requires hefty mandatory sentences for 3rd time felony offender (mandatory 25yrs) 28 states have such a law (2016) 3rd offense does not have to be violent/serious Meant to get chronic offenders off the street (+) crime has reduced significantly in states with such laws (-) may put victims and law enforcement in more danger (-) imprisoning so many is VERY costly 4. 5. TRUTH IN SENTENCING Movement within American society to "hold criminals more accountable" Requires offenders to serve a substantial portion of their prison sentence behind bars Parole eligibility and good time credits are limited Violent Offender Incarceration and Truth-in-Sentencing Act of 1994 - Federal govnt offered states funds to support the cost of longer sentences - States must require convicted violent felony offenders to serve not less than 85% of their prison sentences

Death Penalty

The Death Penalty - more formally known as capital punishment. Historically used in 38 US states and the federal government with the approval of 75% of the pop. The trend has been to eliminate the death penalty. -The death penalty is a highly controversial topic in the US, and is still -used by the federal government, military, and in 24 out of 50 states. As of 2020, 2,469 prisoners in the US were under sentence of death . Of those sentenced, 97.9% were male , and nearly 40 percent of them were Black. In 2020, 91 prisoners were removed from death row . Since being reinstated in 1976, more than 30% of the number of executions in the US occurred in the state of Texas 23 states. Of the remaining, OR, CA, and PA currently have governor-imposed moratoriums. . The death penalty is currently abolished in total The Death Penalty Debate Arguments for the death penalty: a. inherent in human nature.b. Bible describes methods of executing criminals.c. death penalty is in keeping with exacting the harshest penalty for the most severe crime. d. the only real threat available to deter crime - especially within prisons...e. death is the ultimate incapacitation - they won't be a danger to society any moref. costeffective.g. little racism; more whites are on death row. 'h. it takes into consideration the feelings of the victims and their families = closure Arguments against the death penalty: there is little deterrent effect for the greater population the possibility exists that an innocent man/woman might be killed executions may increase the likelihood of murders being committed - referred to as the brutalization effect - "if the government can kill people, so can I" capital punishment may be tarnished by racial, gender, ethnic, and other bias. it encourages criminals to escalate violent behavior - have nothing more to lose social vengeance by death is a primitive way of revenge. research indicates that many accept the death penalty, but believe it should be used rarely. it precludes any possibility of rehabilitation. death penalty is capricious; receiving death is similar to losing a lottery. other nations have long abandoned the death penalty. Chapter 17 ~ Police & the Courts: Investigation, Arrest & Adjudication Law Enforcement / Police = gatekeepers of the criminal justice system Initiate contact with law violators Most visible members of the criminal justice system Decide whether to formally arrest or settle informally Racial Profiling - selecting subjects on the basis of their ethnic or racial backgroundResearch shows that minorities are more adversely affected than whites by police misconduct -In 2003, 65 people were executed, 6 fewer than in 2002 -In 2006, 53 people were executed, 7 fewer than in 2005 -In 2020, 17 people were executed, from five states (TX, MO, TN, AL, GA)

From Suspect to Defendant to Imprisonment

The Process of Justice - "Assembly-line justice" Discretion - Every stage of the justice process decisions are made whether to send the case further down the lineDecisions transform individual identities: From the accused, to a defendant, to a convicted criminal, to an inmate, to an ex con Decision-making and discretion mark each stage of the system... The Justice System acts like a funnel in which the majority of cases are screened out before trial Steps: From Suspect to Defendant to Imprisonment (1) INITIAL CONTACT - The process begins with the police discovering something or having it discovered for them. This is known as proactive or reactive policing, respectively. Most policing is reactive, with the police diligently following up, or probing, the truthfulness of any allegations or complaints. (2) INVESTIGATION - Someone becomes a "subject of investigation" when they are someone police are looking into, and someone becomes a "target" of investigation when it is likely they will be charged with a crime. Although there are special procedures for when somebody formally becomes a "suspect", all investigative procedures at this level are characterized by suspicion. At this time, police gather sufficient facts or evidence to identify the perpetrator, justify an arrest, and bring the offender to trial. (3) ARREST - Police always work up from a state of being naturally suspicious. When they arrest somebody, they have worked up to probable cause. There are many constitutional safeguards at this step of the process, but nobody questions the right of police to investigate and make arrests. Arrests are legal when: An officer believes there is sufficient evidence (probable cause) that a crime has been committed and that the suspect committed the crime"crime" in this sense of the word can include things such as traffic violations... The officer deprives the individual of freedom The suspect believes self to be in custody of police and cannot voluntarily leave PROBABLE CAUSE - the evidentiary criterion necessary to sustain an arrest or the issuance of an arrest or search warrant; less than absolute certainty or "beyond a reasonable doubt" but greater than mere suspicion or hunch. A set of facts, information, circumstances, or conditions that would lead a reasonable person to believe that an offense was committed and that the accused committed that offense. An arrest made without probable cause may be susceptible to prosecution as an illegal arrest under false imprisonment statutes. (4) CUSTODY and BOOKING - After an arrest...This is a part of the process that involves custody, detainment, deprivation of liberty, and other personal intrusions, up to and including body cavity searches. The suspect is taken to the police station...Someone is "booked" when their picture and fingerprints are taken and their personal information is recorded. An administrative record is made of the arrest, and it's at this step of the process when the suspect finds out the details of what they are being charged with and fills out a form that they have been advised of their rights. This step is characterized by accuracy of identification (sometimes by a witness in a lineup) and/or a review of records. Interrogation and confession can also occur at this stage as well as being asked to identify others involved in the crime. (5) COMPLAINT/CHARGING - with sufficient evidence, the police turn the case over to the prosecutor. Decisions are made to file a complaint for court to have authority over the case. The prosecutor determines whether or not to file a complaint, information or bill of indictment. COMPLAINT - Used in misdemeanors = a sworn allegation made in writing to a court or judge that an individual is guilty of some designated (complained of) offense. This is often the first legal document filed regarding a criminal offense. The complaint can be "taken out" by the victim, the police officer, the district attorney or another interested party. Although the complaint charges the offense, an indictment or information may be the formal charging document. INFORMATION or INDICTMENT -- The word information refers to a form the prosecutor files with a court to declare his or her intention to prosecute the case. An information is only filed upon completion of a successful preliminary hearing. A prosecutor also has the option (and is required in some states) to go before a Grand jury, which is best seen as a standing committee of honorable citizens (usually 12) brought together to consider the case in a closed hearing. Defendants and their attorneys are not allowed in Grand jury proceedings, and any majority vote by the Grand jury to proceed with prosecution is known as a True Bill, resulting in a different form, called an indictment, filed with a court. As a general rule, felonies are usually handled by indictments and misdemeanors by an information. This step is characterized by power, as it should be obvious that prosecutors have an enormous amount of resources and decision-making authority at this point. FIRST APPEARANCE / BAIL - Within hours of being booked, suspects are either brought before a magistrate, have their cases heard before a magistrate, or have the going rate determined by a magistrate, all for the purpose of setting the amount of bail. Bail bondsmen and appointed counsel also become initially involved at this step, depending upon a person's financial circumstances. This step is characterized by an inherent flaw in our current system of justice - it's based on how much money a person has... (6) GRAND JURY / PRELIMINARY HEARING / PROBABLE CAUSE HEARING - The constitution mandates that before standing trial for a serious crime, the state must prove probable cause that the accused committed the criminal act. In half of states the determination of probable cause is made by a grand jury, a group of citizens who considers the case and decides if there is enough evidence to proceed. The purpose of a preliminary hearing is for a hearing judge to look into the probable cause that police used and determine if there's enough evidence to continue with legal proceedings. A hearing judge considers the sufficiency of evidence, whether a nexus, or connection, exists between the statutory elements of the crime and what police say the person did, and whether the proper jurisdiction exists. This step is characterized by discovery and disclosure, which means that a number of people share information about the suspect in their respective advocacy roles (prosecution, defense). It's the step one often hears about in terms of the myth that the case is thrown out if the suspect shows up and the police do not (the truth is it depends upon the evidence and presentation of witnesses). Upon completion of this step, a suspect has either cleared himself, is declared incompetent to stand trial, or formally becomes a defendant for trial. (7) ARRAIGNMENT -- This is the first public appearance of the defendant in open court, a court that has the jurisdiction to conduct a trial. The accused must stand and listen as the complaint is read, although they should have already been given a copy. Their identification is confirmed, and they are asked if they have been informed of the charges and their legal rights. The judge may also inquire as to whether the defendant has legal counsel, and why or why not. An arraignment is generally a brief process where the judge only wants to hear one of three things: guilty, not guilty, or no-contest (nolo contendere, an admission of guilt that cannot be used as an admission of guilt in civil justice). This is known as the plea, and the defendant must utter one of those with no room for explanation or elaboration. If the defendant pleads guilty or no-contest, they are sentenced on the spot. If they plead not guilty, they are scheduled for trial and/or ordered to undergo psychiatric evaluation. A defendant who stands mute has a plea of not guilty entered on their behalf. (8) BAIL OR DETENTION - The monetary amount needed to obtain pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure that the defendant appears at subsequent court / trial proceedings while also allowing the defendant freedom until that time. The Eighth Amendment provides that excessive bail shall not be required. PREVENTIVE DETENTION - If the accused is unable to make bail, or it has been determined that they pose too great a danger to society, he or she is detained in jail. Bailees may be responsible for 1.5 million serious crimes yearly. public order offenders = likely to be let out on bail / Violent offenders = more likely to be detained A negative aspect of preventive detention, is that a person who has NOT been convicted of a crime is incarcerated for an extended period of time w/o the chance to participate in their own defense. RELEASE ON RECOGNIZANCE (ROR) - A pledge by the accused to return for trial, which may be accepted in lieu of bail. Granted after the court has determined that the accused has ties to the community, has no prior record of default and is likely to appear at subsequent proceedings. Begun by the Vera Foundation in NY and was proven successful. The Federal Bail Reform Act of 1984 made ROR an assumption unless the need for greater control can be shown in court Bail Today - Data indicates that most defendants (62%) make bail; 38% held until trial ends Most defendants return for court Most bailees do not commit more crime while in the community. Bail Guidelines - standard bail amounts are set based on such factors as criminal history / current charges Bail Bonding Agent - a person whose business is providing bail to needy offenders; usually at an exorbitant rate of interest. Surety Bond - Generally 10% of the original bail amount. This amount is given by the defendant to the bonding agent as a form of "commission" for the posting of bail. Skip Tracer / Recovery Agent - an individual hired by a bonding agent to track down a fugitive in order to recover the lost bond. These modern bounty hunters receive a share of the recovery, and unlike police, bounty hunters can enter a suspect's home w/o a warrant in most states. Problems with Bail System it penalizes the indigent /impoverished offender who cannot pay the bond w/o bail, the state must pay for the detention of the offender = high expense there's an increased punishment risk for those who don't make bail bailing and bonding agents have been accused of unscrupulous practices such as bribing officials Bail Reform - began in 1961 to alleviate problems Deposit Bail System - Abuse by bail bonding agents have prompted some states to start a system of defendants posting 10% with the court. The full amount is required if defendant fails to show for court. Federal Bail Reform Act of 1984 Reform encouraged the use of pretrial release (ROR) (9) PLEA BARGAINING - may be done before or after an arraignment. In this instance the defendant agrees to plead guilty for reduced charges, a lenient sentence, or another consideration. Most defendants will have had their defense attorney arrange a plea bargain beforehand, so that the act of pleading guilty is openly noted as a negotiated plea to which the judge has or does not have prior knowledge of, but in all cases must consent to -- but they can't occur at the last minute during arraignment. A judge can reject a plea of guilty if they think it was made non-intelligently, under duress or if the bargain is too last-minute or lenient. This step of the process is characterized by speed. ** 90% of felony defendants and 98% of misdemeanor defendants plea bargain to settle their cases Motivations for Plea Bargains: prosecution has a strong case = going to lose anyway sentence might be minimized if agree to a plea versus a trial a plea may be less damaging to one's reputation/future than a criminal conviction defense attorney may seek to limit involvement in the case = easier... Plea Bargaining Issues: costs of prosecution are reduced (+) efficiency of courts is improved (+) prosecution can spend more time on cases of greater seriousness/importance (+) defendant may receive a reduced sentence (+/-) encouraged defendants to waive their constitutional right to a trial (-) raises the danger that an innocent person will be convicted (-) some feel that it allows dangerous criminals to get off light (-) may undermine public confidence in the law/system (-) Control of Plea Bargaining - efforts are being made to convert plea bargaining into a visible, understandable and fair process- doubtful that it will ever be eliminated- some states have abolished plea bargaining (10) TRIAL / ADJUDICATION - With no plea bargain, the defendant goes to trial. This is an open or closed trial in which matters of fact and law are examined for the purpose of reaching a judgment of conviction or acquittal. A jury is usually the trier of fact (did they do it) and the judge the trier of law (admissibility of evidence and penalties). Less serious offenses don't require a jury, and even in serious cases (if state law allows), the defendant can waive his or her right to a jury trial. Such proceedings are called bench trials where the judge serves as both trier of fact and law. The adjudication stage is ruled by strict rules of procedure, evidence, and precedent. An adversarial system is also adhered to where both sides (prosecution, defense) argue vociferously within boundaries set by professional ethics. The standard for conviction is beyond a reasonable doubt. This step is characterized by being enormously expensive, time-consuming, and stressful. There are many salaries to be paid. Private attorneys, for example, make $800 an hour for time spent in the courtroom (public defenders make less, about $40 an hour). Add DNA testing or forensic analysis, and each modern trial in America easily costs millions of dollars. Upon completion of a trial, the defendant will be found: Not Guilty (Acquitted) B. Guilty C. Hung Jury - when the jury fails to reach a decision. The case is then unresolved and open for possible retrial (11) SENTENCING / DISPOSITION - This is a hearing held after a judgment of conviction where a judge imposes some form of punishment. A judge has considerable discretion in sentencing, although some state and federal laws now place limits on that discretion. Offenders found guilty on more than one charge can serve sentences consecutively (one at a time) or concurrently (all at the same time - imprisonment is completed after the longest time has been served). When the accused is convicted of two or more charges, a sentence must be issued on each charge. Many sentences are appealed, but the appeals process is complex. This step is characterized by the court's desire to settle everything. Prior to this hearing, the judge may order a pre-sentence investigation on the defendant's family history, economic circumstances, employment history, emotional state, social background, and criminal history. For juveniles, the investigational report is called a "social history report". Victim Impact Statements may also be reviewed... DISPOSITIONS: Dispositions may include a fine/restitution, community service, probation, psychological or drug treatment, incarceration or even death. Sentencing is also used to order court costs and victim reparations be paid by the offender. JUVENILE DISPOSITIONS - the equivalent of sentencing for adult offenders. The theory is that disposition for juveniles should be more rehabilitative than retributive. Possible dispositions may be to dismiss the case, release the youth to custody of his or her parents, place the offender on probation, or send him/her to a correctional institution. APPEAL / POSTCONVICTION REMEDIES - after disposition, defendants may appeal to a higher court if they feel that they were treated unfairly or a legal error took place. If the court agrees, the defendant may be granted a new trial or possible release. HOW PEOPLE ARE SENTENCED (this will not be on the exam) 70% of all felons convicted are sentenced to a period of confinement (jail for short term sentences and prison for longer sentences over one yr) 30% of convicted felons were sentenced to straight probation w/ no time served Average sentence for felons = 4.5 yrs - Average incarceration time served =2.25 yrs Average sentence to local jail was 7 mos Average probation sentence was 3 years 1/3+ convicted felons are also ordered to pay fines (25% of felons), restitution, do community service, receive tx or comply with some other additional penalty SENTENCE DISPARTIY its common for people convicted of similar crimes to receive widely different sentences few defendants actually serve their entire sentence factors which influence sentencing: - the severity of the offense - the most serious charges = less discretion- offender's prior criminal record- offender's use of violence / use of weapons- whether the crime was committed for money- age, race, gender and economic status may also influence sentencing- considerable evidence points to the fact that it may not be the race of the offender so much as the race and social class of the victim that are the most important factors in sentencing decisions SENTENCING STRUCTURES Indeterminate Sentences - sentences with brief minimums and very long maximums; allows the parole board to release when rehabilitated. Determinate Sentences - fixed term issued by the judge that falls within the set statute. Structured Sentencing - guidelines developed to control and structure the sentencing process and make it more "rational". Based on the seriousness of the crime and background of offender How are guidelines used? - 17 states use some type of structured sentence Research indicates that judges diverge from guidelines Voluntary/Advisory Guidelines = used merely to suggest rather than mandate sentencing. Presumptive Guidelines - created by appointed sentencing commission, which determine an "ideal" sentence for a particular crime and offender 4. Mandatory Sentences - require incarceration of all offenders convicted of a specific crime limits judge's discretionary power may supplement an indeterminate sentencing structure or is a feature of structured sentencing. 5. Three-Strikes Laws requires hefty mandatory sentences for 3rd time felony offender (mandatory 25yrs) 28 states have such a law (2016) 3rd offense does not have to be violent/serious (one guy got a 3rd strike for stealing golf clubs, another for taking $153 worth of video tapes) Meant to get chronic offenders off the street (+) crime has reduced significantly in states with such laws (-) may put victims and law enforcement in more danger (-) imprisoning so many is VERY costly TRUTH IN SENTENCING Historical Movement within American society to "hold criminals more accountable" Requires offenders to serve a substantial portion of their prison sentence behind bars Parole eligibility and good time credits are limited Violent Offender Incarceration and Truth-in-Sentencing Act of 1994Federal govnt offered states funds to support the cost of longer sentencesStates must require convicted violent felony offenders to serve not less than 85% of their prison sentences25+ states have met this new standard (12) POSTCONVICTION REMEDIES - If defendant believes he or she was not treated fairly by the justice system, they may appeal the conviction. If their appeal has merit, the defendant may be given a new trial or even be outright released. (13) CORRECTIONAL TREATMENT - Those who are found guilty and are formally sentenced come under the jurisdiction of correction authorities. This is the process of doing time in prison, being classified according to local procedures, being housed in an appropriate facility, and being assigned to an adequate treatment program. Also called institutional corrections, prisons are generally places characterized by violence, overcrowded conditions, and minimal opportunities for treatment. There are few luxuries, and prison life is becoming less and less attractive with the elimination of privileges like smoking, cable TV, weightlifting, boxing, and martial arts. (14) RELEASE (PROBATION and PAROLE) -- Not all convicted persons wind up in prison, and most of those that do eventually get released back into the community. Traditionally, probation occurs as an alternative to prison and parole as a form of supervision after prison, but things such as shock probation (a taste of prison life before probation) and shock parole (a taste of prison life after parole) have become commonplace. Also called community corrections, probation and parole involve monitoring readjustment to society under strict rules or conditions. Violators of those conditions are called technical violators, and those kind of violators far outnumber the few who commit new crimes while out in the community. A large number of people are on probation or parole. Adding them to the correctional count (calling it the number under some form of correctional care) comes out to about 6 million. (15) POST RELEASE / AFTERCARE - in some cases an offender may be asked to spend some time in a community correctional center, which acts like a bridge between a secure tx facility and freedom.

Racial Disparities

Though BIPOC populations (including Hispanic / Latinos) represent approximately 39% of the US population (2020), they comprise over 88% of the incarcerated population. In the image below, it is showing that there are approx 1300 people incarcerated for every 100,000 residents. The breakdown is as follows 41% African American - 13% of overall US population24% American Indian/Alaska Native - 2% of overall US population 12% White - 61% of overall US population11% Hispanic/Latino - 19% of overall US population12% other groups - 5% of overall US population