CCJ3024 Exam 3 - Final Exam

Mobilization of Youth Programs, opportunity

Based on Cloward and Ohlin's differential ?????? program • Urban youth service corps o Millions of dollars • Homework helper • Strengthen community organizations • Poor evaluation, we don't knw if it was effective o Provide programs we think will be helpful to kids in general and be helpful in reducing the delinquency

What did Waldo are you about the death penalty? Did he support it? Why or why not?

(1) Arbitrariness and the death penalty (2) The question of whether or not there is racial discrimination in the use of the death penalty The answer is clearly NO! , the U.S. should abolish the penalty.

Arguments against the death penalty

(1)The risk of executing an innocent people, (2)The absence of evidence for deterrent effect of the death penalty, (3)The enormous financial cost, (4)The empty promise of closure for the victims loved ones, (5)The sticky problems related to the execution of the mentally ill, Intellectually deficient, and immature Defendants, (6)Retribution does not require the use of the death penalty, (7)It Is not the worst of the worst Who are executed, it is those with the worst lawyers, (8)Many secondary victims are created by executions, (9)More crime give me bourbon without the death penalty than with it, (10)The fact that, a)Most countries have stopped using the death penalty, b)Most religious organizations oppose capital punishment, c)The United States is the only major free world or Christian country using the death penalty, d)And many prestigious legal, political, educational, and social organizations have taken strong positions opposing the death penalty

Substantial systems departures and the safety valve provision are differentially distributed across the offenders race/Ethnicity

- African American offenders are least likely to avoid a mandatory minimum sentence by receiving a substantial assistance departure or safety valve provision -They were least likely to qualify, compared to white and Hispanics and other race/Ethnicity offenders, Due to criminal history and use of a weapon during events -African-Americans consistently experienced the lowest percentage of offenders receiving relief mandatory minimumSend it via a substantial systems departure and/or safety valve provision -Low level nonviolent first offenders who qualified for the safety valve provision were shielded from mandatory minimum penalties - Safety valve provision Mitigated increases in length of imprisonment associated with African-American offenders compared to whites -African American males received significantly lower Sentence reductions for drugs from a substantial assistance departure, compared to 4 of 5 for race/authenticity - gender groups

Assigned Counsel

- Court appoints a private defender to a case Usually used in rural settings where there is no public defender office

Specialty Courts

- Has legal authority over specific types of offenses, such as drug court, mental health court, and domestic violence court -Based on addressing underlying issues with the individual and problem-solving (how can we help you) - Sanctions are primarily probation and treatment programs

Prosecutors have broad discretion

- Prosecutors have this - Can pursue or drop a case - Decide how many and what charges to bring against a defendant - Negotiate conditions of a plea bargain - Decide on bail and how much -Studies have shown that cases where there Is not the opportunity for bail, or the defendant can't make bail, the cases are more likely to end in conviction

As a result of Koon v US, Booker v. U.S., Rita v. U.S. Gall v. US, US v Kimbrough, and the protect act,

- Racial disparities in length of imprisonment or reduced when sentencing judges were given greater discretion as a result of the Supreme Court decisions and Koon and Booker After the decisions in Rita, G a LL, And Kimbrough, There is an increase in racial disparities, Due to the increased prevalence ofStatutory minimums under a system of advisory guidelines - Fischmann and SChANCENBACH, Conclude that, Policymakers interested in redressing racial disparity today should pay much closer attention to mandatory minimums and their effects on prosecutorial and judicial decisions

21st-century and history of federal minimum penalties

- Since the beginning of the 21st-century Congress has passed 31 mandatory minimum penalties and senates enhancements. Terms of imprisonment range from a mandatory minimum of six months in custody to life imprisonment, The history of this penalty is been one of the increased federalization of criminal law and the continued application of decadeslong terms imprisonment - Offenses include drug-related crimes, firearm, Career criminal enterprise, Child sexual exploitation, sex trafficking of a minor

Defense Attorney

- Sometimes . referred to as private or public defenders - Responsible for protecting due rights of the accused - Historically, being a DA was one of the lowest prestige jobs in the legal world. However, attitudes are beginning to change

Private vs. public defenders

- ________defenders - out of private law firm, hire investigators, experts, etc. -_________ defender - Cannot devote as much time to each individual case

Cost-effectiveness of mandatory minimum sentences, treatment, conventional

- mandatory minimums are not justifiable on the basis of cost effectiveness at reducing cocaine consumption and drug offenses -T?????? programs were more strongly associated with positive outcomes than either non-mandatory minimum sentencing schemes -It is more cost-effective to use drug treatment than incarceration for Cocaine drug users -Mandatory minimum penalties are less cost-effective than ????? enforcement - More cost effective for government expenditures to be directed towards arresting, prosecuting and non-mandatory minimum sentences, compared to mandatory minimum longer terms of imprisonment -Judges should be given discretion to consider the offenders location in the drug distribution Hierarchy when imposing mandatory minimum sentences

Effectiveness of drug courts

- several studies have concluded that drug court significantly reduceHave concluded that drug court significantly reduce crime (Measured by re-arrest rates) Fight average of 8 to 14% -These studies included Controlled experiments and dozens of quasi experiments -The effect last At least three years after entry and one study reported effects lasting more than 14 years -75% of the drug courts that were study reduce crime significantly, With the best reducing crime by 35 to 50% 22%We're determined to have no impact on crime -6% were associated with increases in crime, Poorly performing drug courts typically delivered ineffective or contraindictated services or targeted their services to the wrong type of individuals who did not require the services -Multi site adult drug court evaluation Found that drug courts initially reduce those drug and alcohol use and improve Participants family relations

Discriminatory application

-35% of men executed have been African American even though they constitute 13% of the population -80% that have resulted in execution involved a white victim even though most homicides are intraracial -McCleskey v Kemp (1987) indicated death penalty constitutional even though it had been administered in a discriminatory way

Juries

-A sworn body of people responsible for listening to a case, weighing the evidence, and deciding a case -Typically 12 people to a trial

Procedures in a death penalty sentence

-Bifurcated trials -Aggravating factors or circumstances vs mitigating circumstances -Automatic Appellate review --Proportionality review

21, 8, 1, 3

-Black defendantWhite victim ?1% -White defendant white victim ?% -Black defendant-black victim ?% -White defendant-black victim ?%

response to evidence-based consequences of mandatory minimums

-Drug offenses: Expand the safety valve provision to include nonviolent offenders who receive two or even three Criminal history points under the guideline Calculation -Reassess the scope and severity of the recidivist provisions that double mandatory minimum terms of imprisonment for offenders with a prior felony drug conviction -Firearm offenses: Enhanced mandatory minimum penalty for second or subsequent Offense, elimination of the stacking requirements, Clarification of statutory definitions of the underlying and predicate offenses that trigger mandatory minimum penalties under 18,

Sentencings disparities - Mitchell 2005

-Found that significant racial disparities clustered around the odds of incarceration; Black defendants for more likely than white defendants to be sent to prison. -African-Americans generally receive longer sentences Then whites, but this effect was small and highly variable, -Mitchell noted "The obServed differences between whites and African-Americans were small, suggesting that discrimination in the sentencing stage is not the primary cause of the overrepresentation of African-Americans in US correctional facilities

regardless, race, 34%, 14%

-In the least aggravated cases, very few defendants are sentenced to death regardless of race The most aggravated cases, High Percentage of defendants are sentenced to death ???? of their race or their victims race -It Is the cases is in the middle of the aggravation Distribution that ??? has its greatest influence -In the aggravation mid range cases, death sentences are imposed on ??? of the killers of white victims and ??? of the killers of black victims.

Improving correctional supervision

-Increased attention has been given to reduce prison populations, improve reentry programming and reduce recidivism -Supervision is just not enough alone -Technology is helpful - Intended use as a tool to manage and reduce risk -Through the lens of R&R, scholars and practitioners alike have a framework by which they can better study understand criminal conduct as well as the effectiveness of correctional programs

Disadvantages of using a public defender

-Inexperienced -Lack of resources (i.e. ability to hire investigator) -Overworked, underpaid

Rate of drug use of criminals

-More than 80% of persons charged criminal offenses in the US abuse illicit Drugs -Nearly half of persons charged with criminal offenses are addicted to drugs or alcohol -Continued substance abuse is associated with a two to four fold increase in the likelihood of criminal recidivism -Providing Substance abuse treatment reduces recidivism substantially; However, unless they receive intensive supervision and consequences for noncompliance, more than 75% of persons referred to treatment by the criminal justice system will refuse to attend treatment or dropout prematurely -The more the individuals need treatment and the greater likelihood of recidivism, the less likely they are to comply -More than two thirds thirds of drug involved inmates commit a new crime within three years of release from jail or prison, approximately half a return to custody for new offense or technical violation, and over 80% resume illicit drugs or alcohol abuse

What is one of the most important factors in police work issues, important factors

-One of the most ????? ????? is the unpredictability of police work and potential for danger -Symbolic assailants- Using racial profiling To determine if you're dangerous or not, Characteristics come from prior experiences -Need to assert authority to offset danger

How can we assist juries in making better decisions?

-Provide jury instructions before and after trial -Provide jurors with audio or videotape of the trial ---- presentation during deliberation -Permit note-taking and questions to the judge -Permit jurors to question witnesses Use educational expert testimony and opposing expert testimony Levett, Danielsen & Kovera, 2005

General responsivity principle

-States that effective modes of treatment are those based on behavioral, cognitive, and social learning theory -These theories focus on how and what the offender thinks As well as make use of key techniques such as modeling, role-playing, and feedback to help the offender develop new ways of thinking and behaving -Numerous studies have shown the efficacy of cognitive behavioral interventions with offenders and is now considered the best approach to changing Offender behavior

Special cases in the voir dire process

-The voir dire process in special cases condones excluding jurors based on attitudes toward the case: -Capital cases -Juvenile Waiver cases -This may also exclude a cognizable group, cannot exclude women, blacks, etc.

Today, the grand jury

-This is a check of power on the prosecutor -they check to see if there is enough evidence to convict -check to make sure too many people are not charging too harshly

RNR models

-Thus, these tasks fall on officers, supervisors, And other staff members as additional responsibilities -Administrative staff note challenges associated with adjusting caseload assignment to target high-risk offenders and prioritize officer skill development through coaching, observing or listening to recordings of audio sessions -Other agencies cite philosophical shift as a barrier to Implementation Noting that some officers still very much align with increased context, monitoring, sanctioning Rather than behavioral change techniques -Despite these challenges, many agencies are committed to the implementation of RNR model of community supervision and continue to find ways to enhance fidelity

The Adversarial System

-Two parties (prosecution and defense) present facts in front of an impartial person/group of people -Intention is to provide the maximum amount of evidence

Challenges of recidivism - Recidivism crime connection

-We use the Rearrest rate for released offenders gauge wider crime trends -People are subject to greater police attention, Notably young minority man, Residents of high crime areas, And people with prior crime recorded me arrests more often -Broken thermostat ExplainsStubbornly persistent view among members of the digital crime rates are out of control and rising, When They have been falling for years, The fixation on the recidivism rates of individual offenders as the main evidence-based gauge of the correctional system is problematic for other reasons -It ignores the fact that larger political, Social, And economic forces - Not Penal penalties alone - Drive recidivism and crime rates -No research has been looked by policymakers on the death rate of former prisoners -The first two years following releaseFormer prisonersDeath rate was 3.5 times higher than the general population -The risk of death in the first two weeks after release is nearly 13 times higher

Donohue study

-the death penalty system resulted in racial disparity that did not disappear when controls are introduced for the type of murder, the egregiousness of the crime, and other aggravating factors related to the crime. -capital felony charging decison by the prosecutor produced additional proof of the racially discriminatory manner in which the death penalty system works - minority defendants who killed whites received more harsh treatment, being charged 25% more frequently than those who killed minorities -race is a major determinant of who receives the death penalty _______ STUDY

Two major branches of criminological research have addressed the impact of imprisonment

-the effect of incarceration on the individual's life course -rubric mass incarceration

Assizes

-were comprised of 12 lawful men were responsible for regulating land disputes and to report crimes that they were aware of to sheriffs and county judges - It evolved over time into a process of determining if there was sufficient evidence to determine guilt

How many Supreme Court Justices are there?

1 chief 8 associates 9 total

prison pop stastistics

1,570,861 inmates (of which only 112,498 are women) One out of every 108 men were sentenced prisoners in state and federal facilities 6.6% of u.s. residents born in 2001 will go to prison. 1/2 are sentenced for violent offenses while property and drug offenses make up most of the rest.

How many inmates are involved in gang?

12% to 16% of inmates are in involved in gangs, Examples include the Mexican mafia, Aryan Brotherhood, The black gorilla family, la nuestra familia, And the Texas syndicate, Primarily involved in the underground drug market and and prison, and the majority of prison violence is attributed to these activities.

We start to see a rise of jury trials during the

13th century is when we started to see the rise of these kind of trials.

knapp commission

1970s, Police corruption, Grass eaters accept payoffs when their everyday duties place them in a position to be solicited by the public, accept freebies, Take bribes like the other way -Meat eaters - Aggressively misuse police power for personal gain By demanding bribes, Threatening legal action, Or cooperating with criminals

U.S. District Courts

94 total district courts in U.S. Responsible for trials at the federal level Where federal cases are tried, witnesses testify, and federal juries sit Cross-state crimes, bank robbery, child pornography, mail fraud, etc

20, Baldus , shown

? out of 34 defendants receiving a death sentence would not have gotten the death penalty if their victims have been black instead of white -The _________ study results were presented in Mcclenskey v. Kemp (1987) - the majority ruled that althoughtthere was clearly racial discrimination in the death penalty system, it could not be ?????? that it affected the outcome of this particular case.

corruption

??? in American policing is generally conducted outside of the public eye in modern nations and is only exposed when officers and agencies are sanctioned for these behaviors. (Mallicoat 188) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file.

Donald black studies

????? black studies Examined the relationship between social disorganization and former social control -Minorities are more likely to be arrested -Victim preferences Also played a part -black victims are more likely to want to perpetrator arrested

Jereme Miller, humanize

????? was hired by the Mass. Division of Youth service in 1969, his goal was to ???? and professionalize the system. Began by reducing length of sentences, attempt to professionalize thwarted by veteran officers (resistance to change and losing jobs). Resulted in showdown between Miller and staff. Transfered children out of abusive facilities into community based programs -Moved into dorms, effectively shut down some of the institutions.

Jail

A correctional facility that is used to the hold people until their punishments are carried out. Also offers incarceration for misdemeanor offenders and specialized programs, Conditions of early jails were very poor, OftenOvercrowded, And prisoners were required to pay their way, including food, Facilities lack adequate space and often do not have necessities, such as heating water and plumbing. there is no form of segregation among the prisoners, and everyone was housed together, Regardless of sex, health, or crime. Walnut St., Jail in Philadelphia Was first opened up in 1776, And was designed to serve as workhouse, Eventually became used as a prison for offenders serving out their sentences, The facility became known for its use of solitary confinement and hard labor

verdict

A decision in case

Mooching or bribery

A form of corruption that involves receiving free items in exchange for favorable treatment. Involves the solicitation of something of value to influence the actions of another.

shake-downs

A form of corruption that involves taking items without paying for them.

Grand jury

A group of citizens who are call to serve for a specific period of time, In the federal system grand jury server. Of one yearDetermine whether an indictment should be issued

Warrant

A legal document that allows an officer to complete the search of a person's belongings, The police can then seize, or take, items in and admit them into evidence to be used in a court case

writ of certiorari

A petition to the Supreme Court to hear the case, in order to get a case 4 of the 9 justices must vote in favor,

Plea bargain

A reduction in charges in exchange for guilty plea in exchange for a guilty plea, Provide a way for The criminal justice system to resolve cases in an efficient manner

What affectsResearchOn criminal justice

A research agenda based on a narrow understanding of what counts as evidenced-based research will in evidentlyYield to Timid an agenda to tackle the problem of the carceral state -All aspects of crime and punishment Inherently political Four they lie at the heart of the matters of state, authority, and sovereignty -The US stumble down the path to mass incarceration because of lack of good evidence-based research Or because the politicians and policymakers largely ignored the experts -We need to understand better why experts on criminal justice in the US Are so much more dependent on policymaking institutions and In political agencies for their funding and legitimacy compared to many of their counterparts elsewhere Research findings based on funding provided by the state Are more likely to reflect the concerns of the state

Missouri plan

A three-step plan of judicial selection, cannons are nominated by Citizen committee in are selected by either the governor, Or the head of the stage judicial system, After a year retention election is held To determine whether the individual should remain in the position

Mandatory sentencing

A type of sentencing structure where the law, not the judge, determines the length of punishment for specific offenses

Abuses of the Court of Star Chamber led to

Abuse of this system (i.e. overly harsh sentences) the modern protections we see today, such as due process.

The execution of the law is where the law has its power, Law without enforcement is meaningless, Ultimately the jury is responsible for the execution of the law.

According to Dr. Levitt, Which aspect of the jury is most important?

seven

African American men are ? times more likely than whites to be incarcerated

The prison population is disproportionately distributed

African American men are seven times more likely than whites to be incarcerated Almost 17% of aa males have served time in prisons AA male has a 32.3% chance of serving time during his lifetime; black female a 5.6% chance (as compared to .9% for white females). in some cities predictions are even more alarming - one study estimated that 75% of aa males in Washington D.C. would be incarcerated during their lifetime.

Meat eaters

Aggressively misuse police power for personal gain By demanding bribes, Threatening legal action, Or cooperating with criminals

Challenge for cause

Allows attorneys to exclude a potential juror during cases where the court believes that the individual maybe unfair or biased in his or her decision-making,

Peremptory challenges

Allows attorneys to reject jurors without having to give a specific reason

Work/study release

Allows for offenders to leave the facility during the day to go to work or school, Remain in jail during the evenings and weekends, Typically near the end of the sentence, Selected on the basis of positive behavior and progress, More likely to find employment upon release, Leads to lower rates of recidivism

Alternative correctional reentry model

Allows improvement in intermediate Outcomes. Such As sobriety and employment, As a result of practical services, Such as substance abuse treatmentOr job skills programs, But it explicitly recognizes the potential for individual change services to foster identity transformation, which may also be promoted by improved Improved intermediate outcomes Multiple opportunities for decistance Follow in this more complex model, Either as a direct result of an ImprovementIn intermediate outcomes, Or as a result Of transformation encouraged by IndividualChange services Or as a result of improvements in intermediate outcomes

The specific responsivity principal

Also suggest that intervention should be killing the learning style, motivation level, abilities, and strengths of the individual offender -Best met When core correctional practices are used during interactions with offenders -Includes five practices -Use of authority, Anti-criminal modeling reinforcement, Problem-solving, Use of community resources, Interpersonal relationships

Ethical dilemma

An ethical dilemma occurs when an officer is unsure about the right path of action, when following the right path is difficult, or when the wrong path becomes tempting to the officer.17 Ethical dilemmas can occur in four different realms: discretion, duty, honesty, and corruption.

Corruption

An ethical dilemma that occurs when officers fail to make good ethical decisions and the results of their actions lead to personal gain. The most common forms of corruption include acts such as theft (such as of drugs or other seized property) and selling information about police strategies and operations. (Mallicoat 188) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file. (Mallicoat 202) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file.

Concurring opinion

And opinion provided by the court that agrees with the outcome of the majority but has different reasoning for the decision

Preliminary hearing

Another option for the court to establish whether probable causeAnother option for the court to establish whether probable causeExists for the case to move forward, In some cases the defense will waive their right to preliminary hearing, If the defendant is in custody, here she may have a bail hearing to determine whether the accused is eligible for bail

Fruit of the poison tree doctrine

Any evidence that is subsequently obtained as a result of this illegal Search is also excluded. This is known as the ???????.

Mitigating evidence

Any evidence that serves to either explain the defendant's involvement in the crime reduce her or his potential sentence

Courts of Limited Jurisdiction

Are also know as State Courts These are the lowest level in the hierarchy of the courts - has legal authority over limited and specific cases Examples: Small claims, traffic violations, minor, family, divorce, annulments

Opponents of DNA Collection

Argue that the collection of DNA falling interest is an unreasonable search and seizure and therefore against the fourth amendment, The U.S. Supreme Court addressed this issue in Maryland v. King in 2013 and held that the collection of DNA from an individual following a lawful arrest is constitutional.

Sentencing disparities - uncertainty avoidance and casual attribution theory

Argues that sentencing operates in the context of bounded rationality, Uncertainty and insufficient information regarding the recidivism risk and rehabilitation potential of offenders. Decision-makers fall back on attributions about reoffending risk and/or rehabilitation potential that can be linked to race and gender, and other social status stereotypes

Oral arguments

Arguments presented by the parties to the court in an appellate case

The risk principle

Asserts that the behavior is predictable using actuarial assessments of static actuarial assessments of static (e.g., Criminal history) And dynamic risk factors (e.g., Pro-criminal attitudes, peers, and substance abuse) -Intensive treatment should be delivering high-risk offenders and delivering two munch treatment low-risk Offenders may result in recidivism

Alternatives to Public Defenders?

Assigned Counsel - Court appoints a private defender to a case Usually used in rural settings where there is no public defender office Contract System -Block grant is given to a lawyer or law firm to handle indigent defense cases

The Court system shifted with the _____________________, passed in 1166 by Henry II.

Assive of Claredon

Parole (definition)

Attorneys should describe as a form of early prison release and post incarceration supervision of offenders and the community, Sentencing reform act abolished parole at the federal level

Payments to the Court in the early court systems were called

Bot - payment to deceased in lieu of further violence (comparable to damages) Wite - payment to the king or noble (comparable to court fees) These were this thing to the court in the early court system.

Substantial assistance departure and safety valve p provision

Both of these are the mechanism by which the defendant can avoid application of any mandatory minimum penalties. In 2010, 46.7% offenders Convicted of an offense caring a mandatory minimum penalty avoided being sentence. Mandatory minimum sentence - 139 Months -No mandatory minimum - 63 month -Safety valve Provision - 50 months -Safety valve and substantial assistance departure - 33 months

Congress was unmoved

By the dramatic projected increases in the prison population and the associated cost per inmate. The political climate, at both the federal and state level, was steeped in a "Get tough with crime" agenda, With little to no interest in rolling method number and punishment severity of mandatory minimum. In fact they were actually expanded during the 1990s.

Reformed to mandatory minimums senses

CHANGES MADE TO ???????? (1) modify rigid sentencing policies (2)Provide greater opportunities for diversion from imprisonment (3)Increase the judges sentencing discretion

Prosecutorial misconduct

Can include behaviors of the use of a percher testimony, Failure to turn over exculpatory evidence, failing to disclose preferential treatment to a jailhouse informant, for misstating the law to the jury, which then impacts their decision-making process

The work of a defense attorney

Centers on protecting the rights of the accused, most notably there fourth fifth and sixth amendment rights,

Dismissal of a prospective juror is done through a challenge

Challenges for Cause, Peremptory Challenges

Consequences of capital voir dire

Changes demographic makeup of jury (Haney, 1984b) More likely to exclude African Americans, Women Removal of divergent attitudes results in shorter deliberations (Cowan et al., 1984) Removal of non-qualified jurors caused the jury to become more conviction prone pre-trial (Haney, 1984b)

Consequences of juvenile waiver voir dire

Changes demographic makeup of the jury (Levett, Crocker & Kovera, 2009) More likely to exclude African Americans Makes the jury more conviction prone (Levett, Greathouse, Sothmann, & Kovera, 2006; Greathouse, Sothmann, Levett & Kovera, 2008) Removing divergent attitudes results in shorter, lower quality deliberations (Levett et al., 2006).

Pennsylvania system

Characterized by larger cells that allowed inmates to remain isolated from each other, System of solitary confinement was developed to prevent inmates from corrupting one another, Hard work and religious reformation were the key features of this system.

Community approaches, social disorganization theory

Chicago Area Project - based on ?????? disorganization theory posits to have community organize programs -poor evaluation • Neighborhoods need to organize themselves, get community leaders together (juvenile services) and figure out what would be helpful to the kids. • Community leaders coming together to organize something. Ex; After school programs, provide education, sports, community help, something to occupy their time, be adult supervised and prevent the kid from doing something stupid. • Broken windows - crappy neighboorhoods Have community organized programs Poor evaluation - We are not sure if it was helpful because there were not good ways to measure (evaluation programs.

Aggravating factors

Circumstances at increased the severity of the crime, such as torture, excessive violence, or premeditation

Prison misconduct

Convert safety and security of the facility, Including violence, drug use, rule violations, and security-related violations

US District Court's

Courts of general jurisdiction and federal court system, You're cases, review evidence, and apply a legal reasoning and assigning the case, Nominated by the president And confirmed by the Senate, Most common offense heard by these courts involves drugs (32%) Immigration cases make up 26% of the courts caseload a majority of which involve cases of illegal border entry

Why are crime rates so high in the U.S?

Crime rates - overall U.S. is in the mid-range of crime rates for industrialized nations -However, U.S. has higher violent crime rate than most industrialized nations and a higher rate of gun-related crime. - Even so, violent crime rate does not account for most of higher rate of incarceration

Early controversy centered on means of execution, lethal

Currently five accepted means lethal injection, electrocution, lethal gas, hanging and firing squad Most used today is ???? injection

20,000 , 1243,Texas

Death Penalty Statistics Since 1608, ????? people in this country have been put to death 97% have been male Only 2% have been juveniles Executions began again in 1977 124? have been executed since then Texas, Virginia and Oklahoma are the states with the highest execution rates with ????? accounting for a third of all executions since the Furman decision

Furman v. Georgia (1972)

Death penalty was declared unconstitutional because they gave jury complete discretion to decide whether to impose the death penalty or an alternative sentence - voided the death penalty in 35 states

What are the three responsibilities of juries?

Deciding issues of fact, issues of law, and injecting community sentiment

Plea Bargaining

Defendant agrees to plead guilty (or no contest) to a lesser crime to avoid trial and/or harsher charges

Excessive use of force

Defined as the application of amount and/or frequency of force greater than required to compel compliance from a willing or unwilling subject. (Mallicoat 202) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file.

Disenfranchisement

Denying individuals the right To voteif they haveBeen convicted of felony, This means that 5.80 5 million Americans are unable to participate in the political process, 2.2 MillionAre African-American

Supermax prisons

Design to house the worst of the worst offenders, Inmates are confined to their selves for 23 hours a day, Isolation Improve deterrence is an argument for Supermax prisons, Arguments against -Waste of money if it is not a need, removing gang members from a prison can backfire

Halfway house

Designed to provide a transitional living arrangement for ex-offenders upon the release from jail or prison, Many of these programs were run by faith-based organizations and focus on rehabilitation and redemption, Today they continue to existBut are supported primarily through private foundations and contracted funding

Correctional philosophies

Deterrence, rehabilitation,Incapacitation, Retribution, Restoration

Brief

Document that is submitted by the parties in a case that outlines their legal arguments, can also be submitted by outside parties who have an interest in the case.

Cost of drug courts

Drug courts have been proven to be highly cost-effective -They produce an average Of more than $2 in Direct benefit to the criminal justice system for every one dollar invested -These savings reflect tangible cost offsets Resulting from reduced rearrest, law-enforcement context, court hearings, use of jail or prison beds, and crime victimization - the net result has been economic savings to local communities ranging from approximately $3000- $13,000 per participant

The state of Washington, Uniformity and accountability,

During the 1980s, This state Enacted the first truth - in- sentencing law that mandated violent offenders to serve most of the term of the imprisonment Imposed. Five states developed sentencing guidelines requiring greater this and this in sentencing practices. Is not until the mid-1990s a substantial number of states aggressively adopted truth in sentencing laws and three strikes law.

Peremptory Strike

Each side may exclude a designated number of prospective jurors "without a reson stated" without inquiry, and without being subject to the court's control (Swain v. Alabama, 1965)

Parole

Early release based on the behavior of the offender. Provide supervision and a system of accountability for offenders for period of time Once they're released from prison

Reformatory era

Emerged in 1876 in response to concerns that the penitentiary was unsuccessful, emerged at Elmira Reformatory, in response to solitary confinement and fixed sentences were ineffective and provided little incentive for inmates to rehabilitate.

Racial threats theory

Emphasize the nexus of criminal punishment and perceptions of certain minorities or intersectional statuses, The majority may fear that minorities will develop greater power or economic resources in the community, More relevant to criminal justice and sentencing, this theory implies a one perceptions of minority groups are more dangerous or morally disrespectful, SixBalancemembers of these groups receive harsher punishment of hand justice system, who lever the Majority controls

Issues with reentry

Employment challenges, Disenfranchisement, Drug addiction, Access to healthcare, Access to resources,

Anti-drug abuse act of 1986

Established mandatory minimum penalties for drug offenses. 31 drug-related penalties were created, Each carrying a mandatory minimum sentence. This act instituted a 100 to 1 Powder to crack cocaine sentencing ratio that later became the basis of a drug quantity table calculations of the federal sentencing guidelines. Of the statutes carrying a non-life prison sentence, - Eight assigned a 20-year term of imprisonment or fine or both -Four statutes carried 10-year term of imprisonment or fine or both - And four carried a five-year term of imprisonment for fine or both

History of the death penalty

European societies used the death penalty for many different offenses Massachusetts Bay Colony had 12 offenses that could be penalized by death including Idolatry Witchcraft Blasphemy Statutory rape adultery

Exculpatory evidence

Evidence is favorable to the fence and men's honoring defendant from any criminal wrongdoing

The Wickersham commission

Examined police brutality, detailed several instances of police brutality -Think back to the need to exert authority and to lesser extent the background of many police recruits -However in spite of widely publicized case studies have shown that police brutality is for the most part limited to a few officers

Military prisons

Facilities designed to house individuals were convicted of a crime while a member of the arms forces, Majority are from the army, 43% incarcerated to violent crime, 24% convicted of a violent sexual offense, 37.2% convicted of nonviolent sex offense, In total 61.7% of all in military prisons for all branches were incarcerated for sexually based crimes, Alcatraz Island was a military prison from 1850 and 1933

Social support networks

Family support plays a key role in assisting the offender in developing social capital within the community By connecting them to employment opportunities, Difficult to build into programming, Friendships can be complicated since many friends are part of the Corona genic social network

Judicial arbitrariness

Federal judges with lifetime appointments. Be affected by politics and making death penalty decisions -75% of the democratic appointmentJudges voted in favor of the defendant 15% of the Republican-appointed judges Voted in favor of the defendant -life or death decisions often hinge on the defendant's luck of the draw in terms of which judges are selected for their particular three-judge panel -The defendant who gets Two of three judges appointed by a Republican president has a far greater chance of being executed than one with two members who were appointed by Democratic president

Reform of the anti-drug abuse act 1986

Federal policy makers have pursued evidence-based reform of the harsh mandatory minimum penalties provided by the anti-drug abuse of 1986 -Changes will reduce federal prison overcrowding and alleviate some of The racial disparity 19 states have an active reform a mandatory minimum sentencing of three strikes law Road island repealed all of mandatory minimum penalties for drug offenses Ohio replaced first-time offenders with community service job training or treatment programs Florida and New York have an increased use of drug courts to divert lower level drug offenders for imprisonment

Federal statutes provide mandatory minimum penalties for 195 offenses

Federal statutes provide mandatory minimum penalties for this number of offenses. Most states have some form of mandatory minimums.

How many cases use juries?

Fewer than 10% -Constitution provides the right to a trial by jury for --all criminal cases and civil cases -Juries actually render verdicts in fewer than 10% of all cases -3 million called for jury duty annually -Less than 60% actually serve

What do studies generally find about the RNR models

Filing principles outlined in RNR model shows the most promise -Ensuring fidelity to the model Is a consistent challenge Across sites -This Is not surprising given the body of literature that found programs moving towards evidence-based practices often fail to prioritize implementation fidelity -Most agree that it is difficult to prioritize the resources necessary to develop a strong internal capacity to ensure long-term implementation of the model by training internal trainers, investigate skill development for internal coaches, establishing detailed continuous quality improvement measures include recidivism

Marshall

First justice of color, Thurgood ????? in 1967, Appointed by Pres. Johnson, Liberal philosophy concert on strong protection for the rights of individuals, During his tenure,Several Landmark decision on the right to the offenders were handed down, The only other African American justice has been Clarence Thomas, Appointed by George H.W. Bush in 1990, Very conservative and his legal ideology, Strong supporter of states rights

Focus group

Focus Group research uncovers these implicit assumptions, questions and reactions - both positive and negative. It also explores jurors' personal experiences and concerns surrounding your case, and reveals their prejudices and expectations.

The 4th amendment

For the limit for unreasonable searches and seizures, Defense attorneys may petition the court to have evidence against their client excluded If they believe that it was obtained illegally,

Electronic monitoring

Form a supervision that involves the use of technology to fall the location of an offender, GPS

Bjerk 2005 findings

Found that prosecutors use their charge reduction discretion to circumvent three strikes mandatory for some defendants, but this is Moderately less likely to occur for men, Hispanics and to a lesser extent, blacks, Similarly, Farrell found that blacks, Males, and those connected by trial or more likely to receive mandatory minimums for firearm offenses and Maryland. Research just the prosecutors may be more likely to apply mandatory minimums to minorities, Other research also shows that prosecutorial discretion in applying mentor minimums increases racial and gender imprisonment disproportionately

Culpability arbitrariness

Frequently there're multiple fenders in a murder and is often the least culpable offender that receives a death sentence resulting in culpability arbitrariness -Offenders with a prior record and experience in the criminal justice system to quickly work out aPlea bargainWith the prosecutor by casting most of the blame on a less experienced offender who played no role or a minor role in the crime

The Second report from the commission, tripling

From 1991 to 2009, The prison population grew from 71,606 inmates 208,188 inmates. This increase in the Federal prison population reflects a __________ Of the inmate population over the 20 year period, largely due to mandatory minimum provisions.

Legal challenges of the death penalty

Furman v. Georgia started it all, The Greg decision Developed a new system by which Offenders could be sentenced to death, SeparatedTheGuilt and sentencing decisions into two trials, The alternative option isLife without the possibility of parole

Mandatory minimum penalties

Further research is needed to examine whether these effects interact with the application of eligible ???? ????? ???????

Characteristics of capital voir dire and juvenile waiver voir dire (Haney, 1984a; Levett, Crocker & Kovera, 2009)

Haney (1984) and Levett et al. (2009) Questions that imply guilt Questions that ask jurors to imagine punishment Public commitment to attitudes "Could you find the defendant guilty knowing that he will face the death penalty?" "Can you find this defendant guilty knowing that he was 12 at the time of the crime and will face adult time?" Non-death qualified jurors were dismissed

Lloyd Ohlin findings on Corrections

Harvard research team led by Lloyd Ohlin found that juveniles who were deinstitutionalized did not have greater recidivism rates than juveniles who had gone to institutions.

Drug addiction

Has a multiplying effect, Impact there ability to maintain stable employment secure housing, Struggle with gaining access to rehabilitative services, Most women are denied access due to limited availability and inability to pay

Deoxyribonucleic acid

Has been used in criminal cases to identify an offender who was otherwise unknown to the police, Confirm the identity of an offender, Exonerate those have been wrongfully convicted

Special Federal Courts

Has jurisdiction over specific kinds of federal cases Military Court, Tax Court, Court of International Trade

More recent studies - police brutality

Have found that when you look at police brutality, it is not the whole force, lesson 10%Exhibit police styles that are over-the-top,Are violent in nature towards citizens

Training effect - Heidehoffer study

Heiderhoffer - behind the blue shield - found that the military-like police academy training caused new recruits to be more likely to be voice authoritarian attitudes and be more cynical about policing -war stories

US Supreme Court

Highest court that can hear cases on criminal Law, Selected by the president of United States and confirmed by the Senate, Appointment to the bench of the US Supreme Court is a lifetime appointment, Generally hears only cases that involve a constitutional question

Need principle

Highlights the importance of targeting dynamic risk factors, or cognitive needs, in order to reduce offenders likelihood of future behavior -Dynamic factors are those names that I have demonstrated a correlation to criminal behavior -Antisocial attitudes, Values, and beliefs, Antisocial peers, and antisocial personality characteristics along with family problems, substance abuse, lack of achievement in education/employment And a lack of pro-social leisure Activities -When urgent need to target for change, outcomes are consistently positive

Hanging

Historically ????? accounts for the majority of all executionsThroughout the history of United States

Sentencing disparities - focal concerns perspective

Holds that court actors definitions of offenders and offenses relative to three focal concerns- blameworthiness, community protection, and practical constraints- determine punishment decisions

Federal prisons

House people convicted of federal crimes, Majority of inmates are males (93%) And white (58.9), ThoughBlacks make up 37.7% of inmates, Hispanics 34%, 28%Non-US citizens, Majority are between ages of 31-40

12

How many jurors typically sit in on the case?

between 300-500, Though some consider this an Underestimate

How many people are killed by police annually?

What his research suggested is more effective at reducing likelihood is more effective at reducing the likelihood of recidivism

Human service-oriented programs are more effective at reducing the likelihood of recidivism than control or Deterrent approaches such as surveillance and contact-driven supervision Rehabilitation programs consistently Result in reductions in recidivism -Most promising programming services include cognitive behavioral therapy In services tailored to address Criminogenic risks and needs Nearly all study participantsEndorsed needing more education

Exclusionary rule

If evidence is obtained outside the context of a warrant, such items must be excluded and cannot be used against someone in the Court of law, This is called ????? and Was established by the Supreme Court case Mapp v. Ohio (1961). The purpose behind the exclusionary rule Is to ensure that the police follow the law uphold the rights of the accused in gathering evidence.

consent search

If police simply ask if they can search her home, You say yes, But No warrant is required, This is considered this Because You agreed to allow the police conduct research

Hung jury

If the jury believes that there is reasonable doubt, then the defendant is found not guilty, Sometimes, the jury may not be able to agree on the decisions

parole

If the value of the mitigating factors exceeds any Aggravated factors, Then life without the possibility of ???? is given.

Carroll Doctrine

If, however, you are placed under arrest, then the police can search a vehicle without a warrant if they have probable cause to arrest the occupants of the vehicle and if they have probable cause that the car contains illegal items. This is known as the ??????. and it comes from the U.S. Supreme Court decision in Carroll v. United States in 1925.8 The logic of the Court was that since an automobile can be moved (potentially out of a specific jurisdiction), a warrant is not required.

During the 1970s three states took legislative action to address the rising rights

In New York- Rockefeller Drug Laws - 1973 - Provided mandatory minimum sentences of 15 years to life in prison for cabbage shin of selling 2 ounces or possessing 4 ounces of her with Morfiy cocaine or marijuana later in the decade, Minnesota and Pennsylvania Created sentencing commissions for the purpose of reforming financing practices. These reforms were directed toward meeting goals of increased uniformity Severity and truth in sentencing.

Is the use of discretion of police officer a good thing or bad thing?

In most cases,It can be a good thing, We want them to exercise discretion Without discretion, the court system will be overloaded

How many jurors must decide to find someone guilty

In order to find someone guilty in Federal Court all 12 jurors must agree on the verdict, Most states also require a unanimous jury decision, Oregon and Louisiana allow for guilty verdict when 10 of 12 jurors vote to convict.

Objection Heresay

In some cases, the prosecution or defense may object to the information that is presented by the other side, It is up to the ????? whether to determineIf the jury should consider this information under law

centerpiece. 1970sIs when policymakers place mandatory penalties the centerpiece of sentencing policy

In the US, reliance on mandatory minimum punishment, as a deterrent and as a retributive force,Date as far back as theLate18th-century.However it is Not untilThe 1970sThat policymakers placed Mandatory minimum penalties as the this of sentencing policy

Mitigating factors

Include references to the defendants background that may explain the defendants behavior But that do not constitute a legally relevant defense, A jury must determine that the value of the aggravating factors outweighs any mitigating factors.

Medium security prison

Increased level of security compared with minimum, Less freedom of movement, Inmates are more likely to be housed in cells with another offender, May have a guard tower, Inmate to staff ratio is higher, History of violence or escape risk, Increased physical barriers to maintain safety and security

Research on the implementation of federal state-federal penalties. sixfold, 15

Indicates the implementation of federal and state mandatory minimum penalties and truth in sentencing policies resulted in immediate increases in prison populations. Parsons at Al described three decades during which the New York state prison population escalated by almost ?fold and the number of people incarcerated for drug offenses grew by a factor of nearly 1?. Racial disparities were also found. For every White male between the ages of 21-44 Incarcerated for a drug offense, there were 40 African male American males, Also in the prime of their life behind bars for the same reason.

The three types of prevention programs

Individual, community, and school-based

US Court of Appeals

Intermediate court of appeals that hear cases of law from the US District Court or from the federal administrative courts, hear cases to determine whether there was an error in how the law was applied, Typically heard by a three Judge panel, but sometimes by a full bench

Other ways of categorizing police corruption

Internal corruption - Chicago police conspired to sell brand-new police cars to other officers, Promotional exams, Selective enforcement for money or for personal gain, Active criminality - Two New York city police officers sold witness files to the mafia -Bribery extortion

Appeals by permission

Involve reviews of lower level decisions the court may choose to accept, will also hear cases in which the death penalty was imposed, most cases where they hold original jurisdiction, Criminal cases make up the majority of all cases heard in the intermediate Court of Appeals and quarts of last resort

Impact force

Involve the use of batons, flashlights, and other implements to deliver force against an individual

Electronic force

Involves the use of electrical current to temporarily and capacity in offender, Such as the Taser

Physical force

Involves the use of physical restraint techniques, such as wrist locks, bodily force, and chokehold

Chemical force

Involves the use of restraining techniques such as pepper spray or mace

The challenge of reentry

Is to reduce barriers of reentry in order to build systems that facilitate those returning to the community to be productive citizens

Search

Is when a person's reasonable expectation of privacy is violated, Probable cause is required in order to conduct a search

Firearm force

It Involves the pointing of or firing of a handgun

Opposition to sentencing guidelines

It was said that the determinateSentencing Violated a defendants sixth amendment right to trial by jury,Federal sentencing guidelines now serve as an advisory practice rather than mandatory, Severity has been reduced, But majority of the sentences fall within the ranges specified by the guidelines, Minority offenders continued to receive slightly higher senses than white offenders

Women in crime -steffenmeier (1993) -

Judges, prosecutors, probation officers, and even defense attorney is as, and even defense attorneys often argue that women offenders are typically less likely to be violent -They observed that women are often involved in crime, Especially drug trafficking, In connection with abusive and course of men, and 10 to play more minor roles and crime. -They also believe women to be more amenable Two rehabilitation and less likely To recidivate -Judges expressed concern about collateral damage Incarceration might have on the children of offenders for single mothers

Jury arbitrariness

Jurys can be arbitrary in their life and death decisions, and as it relates to death-qualified juries, this is once again related to the prosecutorial arbitrariness -Prosecutors have the option of removing a juror for closet they were opposed to the death penalty for a long time -Research by be bOHM 2012, Suggest that Death-qualified juries have more misconceptions about the death penalty, More likely to believe that the focus of the penalty phase of bifurcated trial should be only on the nature of the crime rather than mitigation, Are more likely to believe that the death penalty deters murder, Less likely to believe the innocent people are convicted of Capital crimes, That the death penalty is unfair to minorities, In that life without parole means that a prisoner will not be released from prison -Waldo argues that research Indicates that the death-qualified jury stack the deck in favor of conviction and execution, before the first piece of evidence is prevented

Barriers to employment

Lack of job training, criminal history, the stigma of felony conviction, and being a minority, Type of conviction also plays apart, Most Reentry programs rely on vocational and educational programs to improve offenders marketing skills

Housing - Challenges associated with reentry

Lack of viable housing plan, housing shortages,In reduce economic capital contribute to reentry difficulties for offenders -Those with the felony label or parolee house status are generally considered Lease eligible for Housing aid -Property owners are reluctant to rent to individuals With Any Criminal record -Legal and nonlegal barriersIncreased the need for parolee housing assistance programs -Housing enables the development of social networks and capital, There might assuming offender and regaining citizenship - Family and friends are primary source but not always available or stable 10 to 20%I released from prison without home, Problem is even greater in urban areas

What are some issues of studying mass incarceration?

Large increases in prison utilization of the United States, increases in imprisonment beyond the level achieved years ago have had, at best, a small and perhaps even a negligible effect on crime -Until we disentangle the factors that moderate and mediate the effects of imprisonment, the public policy choices are to be guided by conscious, incremental changes to sentencing practices

The age of asylum

Late 1700s early 1800s -Part of the general movement to place problem populations in custody -Increasing urbanization and lead to dangerous classesBeing In limited geographical areas

Minimum security prison

Least restrictive level of incarceration, makes the highest degree of movement and autonomy and acknowledge that these inmates, Are generally not a violent risk of the community, Dorms style, Majority of prisons are classified as minimum level, Limited or no fencing around the perimeter

Criteria are the police used to make discretionary decisions

Legal and extra-legal

Majority opinion

Legal reasoning that is used to make a decision in a case which becomes precedent

Specific deterrance

Looks at how individual may avoid criminal behavior is the potential punishment is viewed as undesirable, Limited to a particular individual

Fair sentencing act

Lower the statutory penalties for crack cocaine, Abolished the statutory mandatory minimum penalties for simple possession of crack cocaine And instructed the commission to amend the guidelines So that aggravating and mitigating circumstances for certain drugs are accounted for and calculating the offense level

Access to healthcare

Management of chronic health problems can impede an ex offender successful reentry, Trouble with the limited availabilityOf therapeutic interventions, These health interventions reasonable more of a Band-Aid than a comprehensive stable approach

The clerk of court

Manages all the paperwork for the court room works closely with the judge

At risk sentencing

Marginalized groups unavoidably score higher on risk instruments because of their increased exposure to risk, racial discrimination, and social equality, which may result in greater black/white disparities In sentencing. while states do not use race as a risk factor, other Predictive factors such as unemployment, criminal history, and neighborhood are often highly correlated with race

Probably cause

Means that officer believes that the offense has been or is about be committed, Can be established based on the officers own observations or information that the officer receives from others.

Lethal gas

Method of execution that uses cyanide gas to suffocate individuals, Rarely utilized todayIn 1996 was found the use of cyanide gas was unconstitutional, Recently Oklahoma passed legislation Allowing for a lethal dose of nitrogen gas as an alternative to Legal injection

Some causes of corruption

Moral ambivalence toward grass training activity leading to more serious forms Vice laws - Gambling Or prostitution - Old boy network, Protection of the person protecting you Corrupt Departments

Incarceration

More interested in custody than rehabilitation, Too structured, School for crime, Taking away from community, Artificial environment, Labeling are problems with ??????

Selection effect: more likely to be intolerant of others, less likely to have people skills, more likely to be authoritarian

More likely to be intolerant of others - lack of experience/tolerance/lack of education Less likely to have people skills - not social folks, more authoritarian in their attitudes toward citizens More likely to be authoritarian - early studies confirmed that police recruits were more likely to have "authoritarian tendencies than average male of similar age

Grass eaters

Most corrupt police are ????? eaters

Most research about Prison term & reoffending

Most of the best methodological research shows that term in prison camp compared to an alternative sanction such as probation has either no impact or small Criminal genic effect on post-release criminality -There are circumstances such as imprisoning low-risk offenders where a specific deterrent effect occurs -The best studies typically failed to examine how the impact of a term of imprisonment may only be relevant to limited subpopulation of prisoners

Sexual violence in prison

Most rates go unreported, 50% consensual, Women were three times more likely to experience Inmate on inmate victimization

Lethal injection

Most used death penalty Is

Standard correctional reentry logic model

Much reentry program is premised on this correctional program logic model, Which moves from obtaining resources to Implementing Services targeted at specific needs, such as drug treatment or employment services, Do either direct effects of recidivism or indirect effects on recidivism improvements and other intermediate Outcomes, Such as staying sober and securing Employment

Probation revocation

Must occur via a prompt hearing by the court, and the probation isn't entitled to Must occur via a prompt hearing by the court, and the probationer is entitled basic due process rights, Since as a result of violating the terms and conditions of their probation or if they commit a new crime,

nolo contendere

No contest plea in which the defendant does not admit guilt but accept responsibility

Allocution

Occurs when a defendant appears before the court in publicly admits involvement in the crime

Racial disproportionality

Occurs when inmates of color are overrepresented in the prison population Compared with their representation and in general,Black males have greatest disparity, 10 times more likely to be imprisonedThan white men,

Racial profiling

Occurs when the race or ethnicity of an individual is used as the sole or primary determinant by the police when making decisions, stated that the police are prohibited from stopping an individual based solely on her or his racial or ethnic makeup.However, race can be used in conjunction with other factors in describing a suspect in a crime.

Overcrowding

Occurs when there are more individual imprisonment of facilities designed to house, Facilities are operating at 128% of capacity,

effective

Of the three prevention programs, School based programs are most ???? to date easy access Gottfredson's effective school programs Hawkins and Catalano Seattle program multi-systemic approach

Employment challenges

Offenders have a new identity upon the release from prison, Lack of education or training makes it difficult secure legal and stable employment,

Employment

Often highlighted as the next most important feature of successful reintegration for OffendersSince it provides the needed finances to be self-sufficient

Summary of the research on the effect of the term of prison and prison time served

On average, when comparing people with long lengths of stay in prison, the longer-term prisoners spent on average 30 months and people with shorter-term spent on average 12.9 months

Which model of parole supervision has worked?

One model of supervision that has been effective is the risk need responsivity framework Which provides for an individualized provision that focuses on addressing the specific risk views of the offender, Has potential for improving the reentry process for offenders because it accounts for their experiences, challenges, and strains of each Offender

Parole supervision or reentry supervision

Parole has been found be ineffective in terms of reducing recidivism or program failures, Typical supervision Models Have not assisted offenders and addressing their Myriad of needs

Mock Juries

Pay them, Present both sides of the evidence, Watch the mock jury Deliberate, Develop evidence and how they are going to present the evidence

Emergency exception

Police can also exercise this to the warrant requirement if they are concerned that waiting to secure a warrant can either jeopardize the safety of others or threaten the integrity of potential evidence

Responses to police brutality

Police review boards, citizen review boards, civil suit, Administrative policies restricting the use of force -NYPD sting operations - 600 per year

Stop and frisk

Policy that allows police to briefly detained individual that they believe the individual maybe engaging in illegal behavior into patdown individuals exterior clothing they believe the individual may have a weapon,

sensing disparities - liberation hypothesis

Posits that as the seriousness or visibility of the offense or case increases, discretion is tightened and legally relevant variables are decisive, leaving little room for extralegal influences. By contrast, in less serious/visible cases, opportunities for discretion are greater, and extra-legal variables can influence outcomes more than serious case

Wrongful convictions and consequences

Potentially) Terminal mistakes Innocence project reports 280 post conviction DNA exonerations Not all of these are capital cases -contributing causes of wrongful convictions - eyewitness misidentification (highest number 77%), unvalidated/improper forensics, false confessions/admissions, informants/snitches

Indeterminant sentencing

Practice is generally a set minimum sentence length, The maximum sentence is reflected in the law set forth by the legislator, the judge may set a maximum sentence lower than the legal provision, Used with the rehabilitative focus in mind Offenders would be released based not only on their time served but also their efforts towards reforming their criminal selves, Using a parole board

Court reporter

Prepares the transcript of the trial and other official hearings

Lethal injection (book)

Primary method of execution, Involves the method of injecting drugs to stop the heart and lung functions resulting in death, Challenges include that the chemicals cause unnecessary pain and that the lethal injection cocktail masks the true levels of pain experienced by the inmateNew year

Private prisons

Prisons that are used to house inmates when bed space unavailable In state or federal facilities, 20% of state InmatesOur house in private prisons, New Mexico houses 44% of their state population and private facilities, Cost of savings using these facilities Is about 15%, But not all states have the same experience, Research on private prisonsIndicates that they're more likely to have problems maintaining safety and security, More prison escapes, High turnover rate for staff.

State prisons

Prisons used to hold offenders convicted of state criminal law violations, 1.3 million inmates in state prisons nationwide in 2014, 92.6% of all state inmates are male, Texas has the largest number of people in the United States 166,000. 53% violent offenses, 19.3 property, 15.7 drug crimes, 11% public order

ALTERNATTIVES

Probation and parole Community based rehabilitation programs provide for more responsibility, keep in community (could be good or bad), transition to outside, cheaper. THESE ARE ALL ???? TO PRISON

Target population of drug courts

Produce the greatest benefits for high risk individuals were more severe antisocial propensities for treatment- Refractory histories -Low risk individuals are by definition less likely to Be on a fixed antisocial trajectory and are predisposed to improve their conduct following a run in with the law -Intensive interventions offer small incremental benefits for these individuals, But at a half the Substantial costs, -Worse, low risk individuals often adopt antisocial attitudes and behaviors from associated with high risk peers, which makes outcomes worse - effects of drug courts are particularly pronounced for high risk individuals who are younger, have more prior felony convictions, have been diagnosed With antisocial personality disorder, or failed previously in substance abuse treatment

what does research suggest about reentryprograms and services in order for them to be successful

Programs and services need to be individualized, integrated, and seamlessly Transition from prison to the community -Reentry program, parole supervision, and transition services should use theAlright off reports it as potential opportunities positive outcomes emphasis on the needs and responses of the offenders -Services should emphasize individual behavior change, have a sufficient duration of care, and be insufficient quality offenders can access appropriate services -Desistance is most successful when the individual reentering The community identifies as one of the citizens, not one of the criminals

70%, 32%

Prosecutor sought the death penalty in ???of the cases involving black defendants and white victims but in only ?? cases when both the defendant and victim were white -Black defendantWhite victim 21% -White defendant white victim 8% -Black defendant-black victim 1% -White defendant-black victim 3% -The effects of race, are not, however, uniform across the spectrum of homicide cases

Prosecutorial arbitrariness

Prosecutors make death penalty decisions based on their own personal beliefs and opinions about the death penalty, and their political ambitions, but in some jurisdictions with a small tax base but have to also consider what is the cost of the death penalty case do to the county budget -Many prosecutors are reluctant to admit that cost affects the decisions about the use of capital punishment, perhaps because of the belief that you can't put a price on justice, but the reality is that one death penalty case, by itself, can bankrupt most small role communities -The death Sentences have declined radically at the national level from 1996-2014, Costs is one of the major considerations in terms of small And rural jurisdictions

The fourth amendment

Protects individuals from unreasonable searches and seizures and Requires the police to have a probable cause to obtain a Warrant in order to conduct most searches for making arrest

jury instructions

Provide guidance to the members of the jury about how to apply the law to the fact that were presented during trial

The bailiff

Provide security for the court room, escorts the defendant in and out of the court room if here she is in custody, and provides assistance to members of the jury

Baldus study findings on white versus black offenders and victims, 84%

Racial disparity and in discrimination incur in virtually all phases of the death penalty process, More common in the earlier stages, The chances of receiving a death sentence were 4.3 times greater for defendants' victims are white and for defendants' victims were black -Of the 128 cases in which the death penalty was imposed, ____% (108) involved white victims

Issues and incarceration

Racial disproportionality, Overcrowding, Prison misconduct

Discretion

Refers to the power to make decisions by criminal justice officials

technical violation

Refers to violations of the terms and conditions of probation

Challenges associated with reintegrating into the community

Released prisoners faced numerous obstacles and successfully reintegrating community, IncludingLimited education and vocational training and experience,Substance abuse problems, Physical and mental health problems,Strainded family relations, and the stigma associated with criminal records

Mandatory revocation

Relocation of the probation sentence as a result of specific violations

Hanging (defined)

Remains a constitutionally invalid method of execution, Designed to occur When the offenders drop through the trap door, causing the person's body to fall in and his or her neck to break, resulting in death, However, this method has seen a variety of botched executions, Ranging from decapitation to strangulation.

Defense attorneys

Represents those who have been accused of the crime,

Day reporting Center

Requires offenders to attend a program or center during the day but allows them to live in their own homes during the evening, Many of the centers provide jobs Assistance, The goal of the Center is to create accountability for the offender while enforcing his or her sentence

This has prompted federal and state legislative changes changes in the Sentencing policy

Research indicating that the dramatic escalation in prison population, the associated costs of this escalation and failure of mandatory minimum penalties to reduce recidivism have prompted this.

Research on mandatory minimum sentences

Research over the last 40 years reveals the costly consequences of federal and state adoption of harsh mandatory minimum sentences and sentence enhancements for drug offenses and weapon offenses, Ample empirical evidence exists, assessing the ramifications of federal and state adoption and expansion of mandatory minimum sentences, drug and weapon since enhancements, and three strikes law and truth in sentencing policies. - Empirical evidence in the case's ramifications or multi-pronged

Pilavin and Briar

Research studies on encounters with juveniles and demeanors -His study was the reason for association between race and demeanor -Deployment decisions- Profiling - Symbolic assailants -For encounters with juveniles, 10% is only a serious offense, 90% of cases are not serious crime -Discretion based on the demeanor of the kids - Meant more than just an attitude, What the kid look like -Also incorporated grace as part of demeanor, More likely to arrest blacks Thin white Because blacks hassle the police more

General findings on if there is racial discrimination to use the death penalty

Researchers found that the murder is more likely to be charged, convicted and executed if the victims white, In execution's for interracial murders in the United States 93% on a white victim and black defendant -In Florida, white person has never been executed for the rape or murder of a black person -In the entire history of the United States, every rape case that received a death sentence had a white victim and a black defendant

Prosecutor

Responsible for bringing the case against the accused (defendant) Involved in most aspects of a case = from search warrants to sentencing to appeals Represents the state, have broad discretion

State Appellate Court

Responsible for reviewing appeals from cases that have already been in a lower court Examine if state and federal constitution was properly interpreted in a case Decide if lower court correctly applied the law Evaluate any new evidence

Amendment 750

Restructure sentences for crack cocaine to correspond to Sentences imposed for other drugs, Will shorten imprisonment link for approximately 63% of crack cocaine offenders, Prison overcrowding is expected to be reduced

Prior to the time the corrections began Responses to crime included

Retaliation, corporal punishment, Public humiliation, Work houses, Exile Exile - Wanted you out of the country so you cannot commit the crime again, Exiled the places where you do not want to inhabit Work houses - Or are not large-scale, Similar to jails

U.S Court of Appeals

Reviews cases from the U.S. District Courts to determine if the law was appropriately applied and hear any new evidence

To date only 4 women have served on the Supreme Court

Sandra Day O'Connor (1981), Ruth Bader Ginsburg (1993), Sandra Sotomayor (2009) , and Elena Kegan (2010)

Judge

Senior officer in the court who is authorized to hear and decide cases Typically, a judge must be a resident of the state, is between 25-70 years old, a member of the State Bar Association, and licensed to practice law Note: some jurisdictions don't requite a law degree for municipal or town court judges

Examples of determinate sentencing

Sentencing reform act of 1984, The US sentencing commissionThe US sentencing commission was tasked with CraftingSentencing guidelines at the federal level, For example the crime of aggravated assault carries a base level of 14, In the firearm was just charge during the crime, The score increases by five levels, If the victim sustains bodily injury as result of the crime, The score and graces by three levels, If the offender Accepts responsibility For the crime, The score decreases by two levels, The sentencing of this act Is rated at value of 20, If the offender has no prior history, The sentencing range for this offense is 33 to 41 months, If the offender has five prior offenses, It ranges from 41 to 51 months

Determinant sentencing

Sentencing structure in which the offender is sentenced to specific terms

Legal criteria

Seriousness of the offense, Known prior offenses, Evidence ????? criteria

Correctional officers

Social component of the Commo justice system, responsible for the security of the correctional execution and the safety of the inmates house within its walls, are involved every aspect of inmate life,

Extralegal criteria

Sociodemographic factors, Such as race, social class gender, and age, Demeanor, What the victim wants to happen ????? criteria

Closing argument

Stage in which each side makes a final summary statement to the court ones all the evidence is been presented

U.S Prisons 1325, 84

State - 13?? Federal - 8? Private prisons (unknown) Jails - one in every county - typically

6th Amendment

States that persons who have been accused of a crime has the right to attorney to assist in their defense, If any cannot afford an attorney, the government will provide one to him or her. Are also cases in which the courts will point private counsel to represent the defendant, Occurs in states where the office of public defenderHas not been established

Study by Blumstein and Beck

Study by ??????? and ????? found that only 12% of the increase in incarceration that occurred in the 1980's and continues today in the U.S. is due to the type of crime committed. - 88% of the increase is explained by sentencing policy. - Specifically - U.S. is more likely than other countries to have longer sentences for property and drug crimes (study by James Lynch). Sentences length for violent crimes similar across countries.

Fyfe study, African Americans, race

Study by James ?????. - Study New York City shootings over a five-year period Determined that police were more likely to shoot suspects who were armed and with whom they become involved in Violent confrontation -????? were more like me to be armedAnd be involved in violent confrontation -Controlling for these factors Made the ????- Police Killing relationship disappear -Asked by the New York City police to study - Fyfe also found the African American officers Were almost twice as likely than white officers to shoot citizens -Explains this by the fact that African American officers work and living high crime, high violence areas, In addition, they're more likely to be line officers not administrators -No evidence was found of discriminatory killing

General deterrence

Suggest other people fear the punishments others receive, they will decide not to engage in these acts to avoid punishment

Deterrence

Suggest that people fear the punishments of others receive, they will decide not to engage in similiar acts To avoid punishment

Prosecutor

Task with bringing the case to the court, Represent the state and criminal cases, Represents a large community

Courts of General Jurisdiction (Circuit Courts)

The "typical" court system Has jurisdiction over felonies, serious misdemeanors, fraud, bankruptcy, and other white collar crimes

What sorts Of cases have mandatory minimumPenalties

The 1970s- Focus was primarily on the murder of a member of Congress, the cabinet or the Supreme Court, and drug violations. Range from life imprisonment to sentence enhancements up between five and 20 years Later in the 70s - Shifted focus to the enactment of a series of criminal offenses involving child sexual exploitation.Range from 15 to 35 years per crime such as engaging and explicit contact with the child for the purpose of producing visual depictions of such conduct or producing or publishing visual depictions of the child engaging in sexual activity.

Underlying the Court Process is this

The Adversarial System underlies this

In addition there are three ancillary members

The Bayless, the clerk of the court, and the court reporter

California v. Acevedo

The Court reinstated the Carroll doctrine as the primary rule of law and held that "police, in a search extending only to a container within an automobile, may search the container without a warrant where they have probable cause to believe that it holds contraband or evidence."12 Despite the return to the Carroll doctrine, there are still some circumstances that limit when a warrantless search can be conducted. While it has been established that the police can conduct a reasonable search to ensure that there is nothing in the car that might place the officer or others at risk of personal harm, this provision is eliminated if it is unlikely that the driver would be able to gain entry back into the car

Major issues brought up in Ferman v. Georgia 1972

The Furman decision said that the death penalty, As currently applied, was unconstitutional because it was being used arbitrary discriminatory manner. A major reason that the Supreme Court reinstated the death penalty in the great Georgia decision 1976 what's because the new laws had included " guided discretion" provisions adapted from the model penal code and the court determined that these changes in the statutes gad eliminated the problems found in Furman

What is the most accepted model for how jurors make decisions?

The Story Model for Juror Decision Making is the this for how jurors make decisions.

Woodson v. North Carolina

The US Supreme Court held that mandatory death sentences and cases of first-degree murder were unconstitutional because they did not allow for jury to weigh in on the aggravating and mitigating factors when making a senates recommendation

Eastern State penitentiary

The cells here in Philadelphia were large enough so that inmates could engage and work within their cells, Religion was a significant component of the rehabilitative efforts in this system, Prayer and reflection review his ways in which inmates could reform themselves, Officials noted that The regular and use of solitary confinement had a significant and negative impact on the mental health of Inmates,

Initial appearance

The defendant is officially notified by the courtThe charges are pending against her him and his during this stage of the court will plan attorney for an indignant defendant

The commission projected that the anti-drug abuse act of 1986 Along with a relatively low rate of increases In prosecutions Resulted in

The doubling of the Federal prison population over a ten year period; Approximately 42,000 Inmates In 1987 to approximately 85,000 inmates in 1997, The increase due to the drug laws is even more drastic (42,000 to approximately 108,000). - IdentifiedThe anti-drug abuse act of 1986 and the career offender provision of the SRA of 1986, As the forces driving the dramatic increase in federal prison population directly 1980s and 90s.

Corrections

The emphasis of time served as response to crime is a relatively recent phenomenon -The first institutions were established about 400 years ago for the extensive use of than do not emerge until the 1800s

Prison

The facility that is designed to hold individuals for a period of time as a form of punishment for breaking the law

Opening statement

The first stage of the trial, when each side presents their core arguments to the judge and jury

Electrocution

The form of execution where death occurs from high dose of electricity that is administered to the body, Was developed as a more humane method than hanging, Justice Brennan argued in 1985 that the practice of electrocution is a cruel and barbaric method of extinguishing human life, both per se and as compared with other available means of execution

Arraignment

The formal reading of the charges, When they defendant enters a pleaOf either guilty or not guilty

Gubernatorial arbitrariness

The governor plays a role in both the selection of people to be executed and clemency and Commutation process -State or more likely, 25%, To conduct executions in gubernatorial election years in other years of the gubernatorial cycle -Is also discover the gubernatorial elections had a larger impact on the probability that black defendants will be executed than on the probability that a white defendant would be executed -Total number of executions conducted as hire an election years -This rate varies by region of the country but it was strongest in the south where mostOf the executions occur

En banc

The hearing of the full bench of the U.S. Circuit Court.

Job experience effect - Jerome Skolnick

The job experience effect - Jerome Skolnick's book justice without trial - assessment of on the job experience of police officers and its effect on police both professionally and personally

Jury nullification

The jury believes that the defendant should not have been charged with the crime or if they disagree with the law as it is written

Strauder v. West Virginia

The law forbades exclusion of jurors based on membership in a cognizable group, cannot exclude women, blacks, etc.

Substance abuse

The most important part is providing services in the community after release, Drug treatment in prison without aftercare is not affective, Treatment must be evidence based, Sufficient duration, Target higher risk offenders, Include anger management therapy, And have an evaluator included in the program -Providing effective treatment and the right type of treatment for offenders is the major challenge

Three strikes law

The most widely publicized mandatory minimum Law, In California, Is three strikes law, which guarantees a minimum of 25 years in prison for an offender convicted of a 3rd third felony -African American men make up about 3% of California's population: However, they make up 44% of those in prison for third strike violation -This is largely just faxed the minority men tend to have more substantial criminal records; There's also evidence that, in some cases, prosecutors are more likely to seek mandatory minimums for similarly situated Male And minority Offenders -This may be in fact an example of how laws and policies structures encode different racial/ethnic impact into punishment And allows for further differential impact through individual level decisions prior to and at the sentencing stage - mandatory minimum laws provide prosecutors with substantial discretion in determining which offenders end up being sentence under mandatory, which allows for the potential of racial, ethnic, and gender disparity

Celerity

The notion of potential punishment must occur in a timely fashion

certainty

The notion that individuals need to be reasonably aware or certain that if they engage in criminal acts they will be apprehended and punished

Severity

The notion that punishment must be harsh enough to deter people from criminal behavior

Indictment

The official declaration that there is probable cause to charge the accused with the crime

Restoration

The only punishment philosophy that places the victim at the core of all decision-making, the decision making On how the crime Should be punishedInvolves a joint process between the victim, The offender, In the community,

Access to resources

The personal responsibility and work opportunity act, Impose time limits only aid the individuals can receive, - Blocks the roadTo success by denying resources for those of the criminal record -Especially in cases involving Drug related charges, They're barred from living in public housing, Drug convictions are the only ones Subjected to this band, Convicted murderer's Can and apply for and receive government benefits, --Failure to receive benefits could send them into a downward spiral Toward homelessness, abusive relationships and relapse, The influence of a positive mentor can provide significant support for women

Racial disparities in evidence-based research

The preoccupation with measuring racial disparities measuring racial disparities has a ImpededOur understanding of some key developments in American politics and public policy -More research needs to be focused on how indirect Race effects may be embedded -Emergence of color blind racism If every African American Were Released From prisons and jails -The US would still have a mass incarceration Crisis

Lethal injection - The primary method

The primary method of execution for All states Is ???????

43.5%

The report notes that in FY 1990, sentences carrying relatively higher mandatory minimum sentences, that is greater than five years imprisonment, accounted for ??? mandatory minimum Sentences imposed. In fiscal year2010, The percentage of mandatory minimum sentences carrying greater than five Year imprisonment represented 55% of the sentences Carrying A mandatory minimum penalty. At 11.5% increase, These findings provide further evidence-based understanding of a dramatic impact of federal mandatory minimum penalties over the 10 year period.

Takeaway from the history of the court system

The takeaway from this is that the court is complex and always changing to accommodate new standards The court system is a complex and ever-growing institution intended to provide just outcomes of criminal and civil cases through a process of evaluating the facts

Non-deadly force

The use of non-deadly weapons - Tasers Use of physical force to ensure cooperation

The American Law Institute

The withdrawal of the model death penalty statute recognizes that it is impossible to administer the death penalty consistently and fairly, and therefore it should not remain a punishment option in this country. The institute could no longer play a role in legitimizing a failed system

Circuit court

There are 13 Courts of Appeals, Another name for the federal court of appeals

embedded

There is also ample evidence that the relationship between mandatory Minimum penalties and sentence severity is ??????? in the dynamics of prosecutorial charging decisions and guidelines mechanisms Substantial assistance departures in safety valve provision that allows federal judges to relax applicable mandatory minimum penalties

The department of justice, the United States and anything commission, Some members of Congress, In some states are

These people are reconsidering the efficacy of mandatory minimum statutes, as well as the desirability of handcuffing judges And jury's decision making at the punishment phase adjudication

Empirical evidence in the case's ramifications are multi-pronged

These problems include dramatic increases in late of imprisonment, in media and continued escalation of the prison population, dramatic increases in late of imprisonment, in media and continued escalation of the prison population,The social and economic costs of this escalation, measured in terms of diminish opportunities for successful reentry into society after lengthy the imprisonment, long-term disruption of family relations for low-level drug offenders, Prison overcrowding and race/ethnicity sentencing disparity tied to different access to relief from application of mandatory minimums

Lerch and Mieczkowski

These researchers found that about 7% of police for chronic offenders for police brutality -They account for 33% of all incidents -10 to be younger and less experienced officers -Typically occur in pro active incidents (minority of police-citizen encounters) -The study did not find that the incidents were racially motivated

Gaes adn Camp Study

These researchers worked on an experimental design in which inmates were randomly assigned to a lower and higher security level prison even though they have the same classification levels of risk. both Chan and Schapiro and Gaes & Camp found that higher security levels were associated with higher likelihood of recidivating

Opposition to mandatory sentences

They prevent the judge from considering the unique characteristics of the offense or the offender and handing down the sentence, has been tied to the dramatic increase in prison populations throughout the 20th and early 21st century,

Released on their recognizance

This Type of release means that the defendant promises to peer for all future court dates but does not provide the court with any sort of financial Guarantee

Compurgation

This is practice of taking an oath, making a statement to establish innocence, and having people attest that they believe you - tied to the status of the individual, oaths were largely religious based and had some penalties - people often would not give oath to someone with a poor reputation

The commissions report to Congress in 1991

This report to Congress provided unquestionable evidence of the Multi dimensional Cost of drug and weapon mandatory minimum penalties

Ulmer et al (2007) findings

This researcher conducted a multilevel analysis isThis researcher conducted the multilevel analysis of prosecutorial discretion in applying mandatory minimums among mandatory eligible offender senates for drug crimes or as "three strikes " offenders in Pennsylvania -They found the prosecutors decisions to apply mandatory minimums were significantly affected by the type and characteristics of offenses and guidelines tenants recommendations (The greater the difference between the mandatory and the otherwise applicable guidelines and its, the less likely the mandatory was applied), Prior record, Mode of conviction (Negotiate guilty pleas greatly assisted defendants in avoiding mandatories), And gender. -In addition, Hispanic males were more likely to receive mandatory minimums, And blacks were more likely to receive mandatory in counties with greater black populations

Deciding issues of fact

This responsibility of the juries means interpreting and deciding between competing and conflicting interpretation of events, also serving as a referee in an adversary contest.

Deciding issues of the law

This responsibility of the juries means legitimizing behavior under the law, asking the question was this behavior illegal or legal according to our current law

Court of Star Chamber

This was a secretive court made up of judges and privy counselors who were able to hear petitions. They also had the power to order torture or prison, but not death.

The Assize of Claredon was the

This was the beginning of the Grand Jury System and first step toward the evidence-based system.

grass-eaters

Those officers who were described as grass-eaters were considered to be involved in corrupt activities in a passive sense. Here, officers would accept payoffs and opportunities that came their way.

The Story Model for Juror Decision Making is these three process

Three processes: -Jurors integrate the evidence into a story or a causal chain of events --Using trial evidence, personal knowledge, and schema for what makes up a story -Jurors learn the verdict options available to them -Jurors match the accepted story with the various verdict definitions.

California

Today approximately 3,682 inmates on death row ????? has the highest number on death row but has not carried out an execution in 5 years

What system do we use

Today we have prison industry system Mass institutions - Organize around some functional activity To provide for job training skills And other rehabilitative goals

Trials by Battle, Trials by Ordeal

Trial By _______ - winner was innocent, in God's eyes Trial by_______ - trial by water, hot iron, etc, Trial by Water - you float if you were guilty and sunk if you were innocent Hot Iron - hold it, if your started to heal in three days . you were innocent largely based on the king and what he said

What influences the story model?

Trial Evidence - strong or weak evidence is the BEST predictor of jurors' decisions Attitudes about the case Attitudes about the legal system generally Race and Gender ---Of the jurors themselves ---Of the trial players Expert evidence ---Although, jurors are not generally good evaluators of expert testimony

Comparative incarceration rates 702 628 138 128 116 91 85 53

U.S 7?? (PER 100,000) RUSSIA 6?8 ENGLAND 13? SPAIN 128 CANADA 116 GERMANY 91 FRANCE 85 JAPAN 53

Good faith exception

Under the ????-????? Exception, If evidence is obtained without a warrant as result of unintended error, Any evidence can still be used

New York system

Use a system of silence that was popular in the Pennsylvania system but adoptive congregate labor systems

Sensing disparities - Court community perspective

Use courts as organizational communities and mutual relation with their social political environment, Court communities foster their own distinctive sympathy norms, which may eventually condition sensing disparity

Preventative detention

Used in cases where the court believes that the person may be a danger to the community or would flee the jurisdiction here she were allowed out of jail during the pretrial stage

Symbolic assailants

Using racial profiling to determine if you're dangerous or not

Geographic arbitrariness

Waldo argues that only 2% of the Counties in the United States have accounted for most of the executions, and 85% of the US Counties have not had anyone executed in more than 50 years -Only seven states Had one execution, In three states Texas Missouri and Florida account for 80% of the executions, The north east has virtually eliminated the death penalty, the Midwest is making progress, in the west use it very seldom, but the south on the south west or changing very slowly

stop and frisk issues

Was adopted as a specifically strategy by the New York police department in 2003 as part of Mayor Bloomberg's fight against crime, it is been challenged for unfairly targeting people of color, Concerns over racial bias lied to legal challenges to policy bankruptcy by the New York civil liberties Union and the Center for Constitutional rights,As a result of these challenges NYPD has shifted awayFrom this practice

Philadelphia's Walnut Street jail

Was the first large-scale prison Was a Penitentiary, Place where criminals could do penace - Solitary confinement so and make them reflect on sins - bible reading

Is plea bargaining a violation of the philosophy of our court system?

We are based on adversarial, a lot argue that plea bargain is violation because you are not getting all the facts

Auburn prison

Were smaller than those at Eastern State and inmates engaging congregate labor systems which allow them to work side-by-side, although they were prohibited from communicating with each other, the first facility under the New York Model

Social Psychological research on the availability heuristic (Tversky & Kahneman, 1973)

When something is imagined, it increases a person's expectation it will happen in the future Imagining convicting the defendant may increase the likelihood it will happen (Haney, 1984b)

dissenting opinion

Written opinion by Justice who DISagrees with the majority opinion

Trial jury

]Selected the process of questioning by the prosecutor and the defense attorney there 12 people selected to serve on a criminal jury, To serve on a jury,One must be a US citizen 18 years or older, be proficient in English language, Reside in the jurisdiction that calls one for service, and has never been convicted of a felony

U.S. Supreme Court - Rule of Four

a case will only be heard if 4 of the 9 justices agree that it has some value.

Intemediate sanctions

a category of interventions that are used between probation and incarceration

trial courts

a court of original jurisdiction that hears issues of fact and makes decisions based on the law

Retribution

a punishment philosophy that reflects the idea that offenders should be punished for their bad acts purely on the basis that they violated the laws of society, embodies the concept of lex tallonis, an eye for an eye

The special report to Congress by the US Sentencing Commission Indicated the following direct impact of sentencing guidelines in mandatory minimum penalties enacted in 1986

a) Reduction from 42.4% to 18.9% if offenders receive probation with no confinement conditions, b) the pre-guidelines average prison time served of 15.3 months will increase to 28.7 months with sentences for violent offenses accounting for almost doubling of the imposed length of imprisonment. c) the substantial increase in the average length of imprisonment will be accounted for by Anti-Drug abuse act of 1986, and the career criminal provision of the Sentencing Reform Act

Grass eaters

accept payoffs when their everyday duties place them in a position to be solicited by the public, accept freebies, Take bribes like the other way

Good-time credits

allowed inmates to earn time off of their sentence for good behavior

concurrent jurisdiction

allows a case to be heard in either state or federal courts (or adults and juvenile courts)

Defendant

also known as the accused The person against whom a criminal or civil action is brought

Encounters with citizens

are almost always outnumbered, some of whom will not be happy that police officer is there Hostility of public toward the police, historical origin of police, cultural support for being antagonistic toward the police

Just desserts

argues that the punishment for crime should be proportional or equal to the crime itself, used in retribution

amicus curiae or Friend of the court

briefs that are submitted to appeal the courts in support of legal argument

Injects community sentiment

check on our justice system 1) behavior occurred 2) illegal according to law 3) we agree with the law and the way it was enforced within this situation \

Scientific jury selection

community surveys, observation of potential jurors, developing jury questionnaire, conducting focus groups, mock juries, shadow juries. assistance with theme development

general jurisdiction

courts that do not have any restrictions on the types of cases they hear but generally hear the most serious felony cases

limited jurisdiction

courts that handle misdemeanor cases or specific types of cases

original jurisdiction

courts that hear cases for the first time, also called trial courts

subject matter jurisdiction

courts that hear specific types of cases based on their topic

Gideon v. Wainwright (1963)

decided 9-0 that states must appoint defense attorneys to indigent (poor) defendants

Punishment era

emerged between 1900 and 1940, when corporal punishment and prison labor were used to punish offenders, prison labor became popular once again, particularly in the South, where convicts were leased to local farms and plantations

issues of duty

ethical dilemma where officers are faced with challenges based on how they view their role as police officers. Also occurs when an officer knows what is expected of her or him but is not inclined to perform a particular aspect of the job. (Mallicoat 202) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file.

Circumstantial evidence

evidence requires a jury may make evidence that requires the jury makes some sort of inference about the defendants involvement in the crime

Direct evidence

evidence that is directly linked to the defendants involvement in the crime, Example it witness to says that she or he saw the offender into the home he legally is providing direct evidence

dual court system

explains how the state and federal court systems work in separate yet similiar fashions

Challenges the prosecutor's face

faced with ethical dilemmas, Should only file cases in which probable cause exist, Make a reasonable effort to ensure the accused has been advised of his or her right to an attorney, not pressure and unrepresented defendant to waive his or her Pretrial rights, Disclose evidence in a timely manner to the defense, Exercise care when communicating details about the case to the public, the media, or other cultural justice personnel, Disclose any new evidence in a case that might vindicate a convicted offender and assist the authorities and limiting the issue

types of prisons

federal prisons -House individuals convicted of violations of federal laws, Private prisons - Used to help with prison overcrowding, Military prisons - House individuals who were members of armed forces for engaging in criminal behavior, Psychiatric prisons House offenders at either have to get the health issues are found guilty but mentally ill by the court of law

Shadow Juries

find people who resemble the current jury seated, kind of a "shadow" to the actual jury

U.S. Magistrate Courts

first level of courts in the federal courts system. Courts of limited jurisdiction, and they generally hear misdemeanor cases. Duties for criminal matters include authorizing search and arrest warrants in conducting detention hearings, initial appearances, and arraignments. Magistrate courtJudges are the only judges in the federal system who are appointed in a manner that is different from other federal judicial appointments, Positions haveTerm limits, Selected by the District Court judiciary and serve term of eight years

Rehabilitation

focused on reforming criminal behavior so that the offender does not need or want to commit crime, became less popular in the 70s because of the nothing works principal, Being soft on crime, Today, they work when they are targeted towards the needs of the offender,

The U.S Supreme Court

highest court in the U.S. main objective is to uphold the constitution - the supreme court only hears cases if there is some violation of the constitution

Maximum security prison

houses serious and violent offenders, movement is significantly restricted, Inmates are risk to themselves, other inmates, and staff

Individual prevention programs

identify individual predictors of delinquency, identify children characterized by those predictors, implement program to work on those factors

Role of the probation officer

if released, the probation officers may be involved in supervising the accused as part of her or his pretrial supervision. If chosen to participate in a specialized program, such as a drug court, a probation officer is actively involved in the management of an offender's case as part of the program. Finally, they are responsible for managing the community sanctions or probation sentence of the offender as part of a plea-bargaining or sentencing process.

The sixth amendment

includes several due process protections for the accused, Such as the right to an attorney, the right to speedy trial, the right to confront when this is against her or him, and the right to have one case heard for jury of one's peers.

8th amendment

institutions may not be deliberately to the serious medical needs of inmates,

Appeals by right

involve cases that the appellate court must hear

Deadly force

is defined as the intentional use of a firearm or other instruments resulting in a higher probability of death -Number citizens killed by police per year is between 300 to 500 although some consider this under estimate, When the citizen has been determined that they're not presenting a deadly threats to police officers

Block grant

is given to a lawyer or law firm to handle indigent defense cases

geographical jurisdiction

jurisdiction determined by the physical location of a crime

Voir Dire: 'to speak the truth"

lawyers from opposing sides proceed to exercise challenges against the inclusion of certain jurors until a petit jury composed of persons satisfactory to both sides is formed

U.S. Supreme Court - Writ of Ceriorari

legal order from a higher court to a lower court to send over court records for review

appellate jurisdiction

level of the courts that is concerned with issues of the law and whether an error was made by the trial court

Selection effect: background of police officers in the past: lower education, immigrant, military

lower education, immigrant, military. Lower education - early years - police officers mainly came from lower class, a job seen as an improvement over typical job Immigrant - didn't require them to be hired by old guard already in the country Military - police forces ewre looking for military training, also chosen as political payoffs, support local official, they could get you a job as a police officer.

Perjury

lying to cover up wrongdoing

Meat-eaters

meat-eaters would actively pursue corrupt activities that could result in significant and illegal gains. While it seems like a meat-eater would be the most problematic due to his or her overt illegal behaviors, the Knapp Commission suggested that it was the grass-eaters that were the more dangerous of the two, as they portray a culture wherein such behaviors are permissible as long as one doesn't actively seek them out.2 (Mallicoat 188) Mallicoat, Stacy L. Interactive: Crime and Criminal Justice: Concepts and Controversies Interactive eBook. SAGE Publications, Inc, 08/2016. VitalBook file.

Communities that care programs

menu of evidence-based programs communities decide which programs would work best in their areas coordinated effort that is multi-systemic

More recent studies - Relationship between Arrests and race

more ???? studies -Shows that race Is still a factor, Varies by departmentBut it is not as strong a factor as in the past -Has accumulative affect as offenders are processed Throughout the Criminal justice system

Stereotypical blackness and death sentencing

more than twice as many defendants who looked more black received a death sentence than those looked less black, more stereotypically black only received death penalty when their victims were white

Scientific Jury Selection - What did it originate from?

originated with the Harrisburg 7 (1971-72), who was accused of plotting to blow up the Pentagon and kidnap the Secretary of State

The explanations of police issues can result in

other problems -Police corruption -Police brutality -Misuse of discretionary authority and racial profiling ???????? of police issues

issues with the individual approach

overprediction, labeling, type of treatment.

Parole boards - who serves on them

parole board is composed as follows: • Members must be of good character and judicious background • Must include a member of a minority group • May include a religious leader from the community • Must meet at least two of the following: Contain one member who is a disinterested layperson Contain one member who is an attorney licensed to practice law in this state and who is knowledgeable in correctional procedures and issues Contain one member who is a person holding at least a master's degree in social work or counseling and guidance and who is knowledgeable in correctional procedures and issues58

Training effect

police are either not adequately trained or their training emphasizes the wrong values either or purpose or inadvertently

discretion

policing, ????? allows for officers to determine when to stop an individual, when to issue a citation, and, in many cases, when to initiate an arrest. However, the power of discretion also has its challenges. In some cases, officers have limited discretion and have specific policies dictating how they should respond. In other cases, an officer's use of discretion can lead to either discriminatory or favorable treatment, which can lead to ethical violations. .

Nature of the job

policing, itself, leads to problematic behavior.

Challenges for Cause

potential jurors who are prejudiced against either party in a trial (prosecution or defense; plantiff or defendant) should be stricken from service

Mass prison era

prison built in Auburn, New York -Congregate system although trying to institute the silent system - to test this new idea they experimented with solitary confinement - 83 men placed in small solitary cells and released two or three years later - 5 died, one went insane, one suicide attempt and several others became demoralized.

The jury act

prohibits employers from firing someone for missing work as result of jury duty

The fifth amendment

protects individuals against self-incrimination, as well as protecting them against double jeopardy, This means that people cannot be compelled to testify against themselves, nor can they be tried for the same crime twice,

Studies show that about 90% of cases end in a plea of guilty... why?, 90%

reasons why ??? percent of cases end in plea bargain Convenience - don't wanna go to trial, public defenders are overworked Guilty -no chance at trial Coercion

House arrest

sanctioned that requires offenders remain in their home in Lieu of jail or prison

What is mass incarceration? What do scholars study about mass incarceration?

scholars who research this evaluate the impact of the rate at which people are imprisoned in the United States on broader societal effects, which encompass a large volume of research and commentary including such topics as general deterrence, political disenfranchisement, racial and ethnic bias, family disintegration, and community disintegration

Possible explanations for the root of police misbehavior

selection effect, training effect, and the nature of the job

jail challenges

short-term facilities, difficult to provide meaningful management of these offenders, 40% report at least one disability, these disabilities include, limitations in hearing and vision and cognitive deficiencies, as well as compromised independent-living skills, jail inmates with a disability are 2.5 times more likely to have experienced serious psychological distress in the month prior to their time in jail.

Rights of the offender

some of the rights of the ????? during the revocation hearing: • written notice of the alleged violation; • disclosure of the evidence against the person; • an opportunity to appear, present evidence, and question any adverse witness unless the court determines that the interest of justice does not require the witness to appear; • notice of the person's right to retain counsel or to request that counsel be appointed if the person cannot obtain counsel; and • an opportunity to make a statement and present any information in mitigation.

Violent crime control and law-enforcement act 1994, 24, 17, 29,

the 1990s, Congress enacted 21 mandatory minimum penalties and sentence enhancements ranging from one year in prison for stocking to life imprisonment for the murder of various federal officials in the act of carrying out their official duties. the act tied federal funds for prison construction to state implementation of truth-in-sentencing policies. Five states had already established truth in sentencing laws. States quickly responded to the federal stimulus to sentencing policies. - By the end of the decade, ? states had an active three strikes laws, ? states had created Sentencing guidelines, And ? states it implemented truth - in- sentencing statutes

The earliest court systems were

the King's court and local courts -11th century- courts run by the king -local courts - usually run by the lords - not evidence based and not based on decision making but, religion based.

Elmira Reformatory

the first facility during the reformatory era

The Firing squad

the form of execution involving the death of an individual by gunshot to the heart, Death occurs as a result of rapid blood loss

The court room workgroup is made up of

the judge, the prosecutor, and the defense attorney

Incapacitation

the process of removing offenders from society so they will not engage in criminal behaviors for a certain period of time, example's Mandatory minimums and three strikes law

The scope and severity of mandatory minimums in the 90s and 00s with increased

the scope of these increased in the 90s and 00s the inclusion of the child pornography, child exploitation related violations, expansion of drug, firearms, career criminal enhancements

Mandatory minimums were instituted in response to

these were instituted in response to the war on crime and war drugs political climate in the 1970s. it was in response to increases in drug and violent crime. began for drug offenses at a serious level in the 70s during the Nixon administration. additional support came during the 80s with the Reagan administration

Chen and Shapiro Study

this study proposes potential competing theoretical perspectives; one is that a more severe level of punishment will deter future criminality - Alternatively, higher prison security levels Expose inmates to prisoners who are more disposed to crime, Elevating in their own criminal human capital. They also argued that harsher prisoner environments depreciate work skills and increase the When released potential employers will be less likely to hire a Former high security Inmate

Blume study

this study reached the same general conclusion as Baldus et al. - A racial heirarchy clearly exists, stems in part from prosecutors' reluctance to seek death in cases involving black victims and white defendants, and eagerness to seek death in cases involving black defendants and white victims. _________ STUDY

The rise of juries was made primarily to

this was made primarily to end the abuse of of power by nobles who would resort to intimidation and bribery

Selection effect

those who are attracted to policing share some attributes that make them more likely to behave in a problematic way,

rarely, 16.2%

ulmer et al found that prosecutors actually applied mandatory minimums ?????, only 18.4% of cases In the general sample of offenses and in Drug trafficking cased only ????%. The highest percentage of prosecutorial imposition of eligible mandatory minimum was 29%, among three strikes case -Negotiated pleas, compared to trial disposition, significantly reduced the likelihood of prosecutors imposing mandatory minimum sentences for the full sample defenses and for drug trafficking offenses, but not for three strike offenses. - This research reveals how many mandatory minimum penalties may be used to LeverageGuilty plea dispositions, Thus avoiding both the Uncertainty of obtaining a guilty verdict, And the associated drain on scars resources associated with trials -Negotiated pleas, compared to trial disposition, significantly reduced the likelihood of prosecutors imposing mandatory minimum sentences for the full sample defenses and for drug trafficking offenses, but not for three strike offenses

Other types of challenge to choose the jury

undue hardship or extreme inconvenience, childcare, over 70 years of age, certain occupations (varies by state)

Miranda warning

used to inform people who are under arrest that the 5th Amendment provides protection against self-incrimination during an interrogation. warning comes from the 1966 U.S. Supreme Court decision in Miranda v. Arizona. In this case, Ernesto Miranda was accused of rape and kidnapping. After two hours of interrogation by the police, he confessed to the crime. Armed with his confession, the court convicted Miranda of these crimes. Miranda appealed his conviction on the grounds that he was not informed of his right to remain silent. The U.S. Supreme Court agreed with Miranda and overturned his conviction.

Personal life often in disarray, disarray

variable shifts - hours worked - difficulty in maintaining friendship relationships with people outside of the police force These factors result in your personal life being in ??????

Racial prejudice and the death penalty

white support for the death penalty in the United States has strong ties to anti-black prejudice...fairly strong predictor of white support for the death penalty.