Ch12 - Criminal Justice Policy in TX Flashcards
Public safety, crime prevention, and enforcement efforts are largely concern of …….
State and local governments
3 Methods to Measure Crime
- Victimization surveys
- Number of crimes recorded
- Incarceration rates
Index crimes
eight categories of crime used for statistical study by the federal and state governments
9/10 of crimes in Texas are
property crimes
The crime rate in Texas is declining because
- Less people are in crime prone age of 17-24
- Violent and repeat offenders are in jail longer
- Use of tech
Corrections
Very costly to the expense of housing individuals and increasing jail population
Texas is the leader in the nation
in the number of people under supervision
Capital Punishment
- Very strict parameters
- TX is the leader in executions
- Political culture supports death penalty
- There are three questions and the only acceptable answers are yes/yes/no
What is the reason for the decreasing number of executions?
The legislature has empowered juries to sentence defendants to life without the possibility of parole.
Roper v Simmons
2005
US SC held that persons who were 17 yo or younger at the time the capital crime was committed could not be executed.
Law enforcement in Texas
Department of Public Safety (DPS): wide array of police services
Texas Rangers
an elite division of the DPS that investigates major crimes and allegations of police misconduct.
has no ties to local govs or its politics
Law Enforcement at the County Level
Sheriff and constable(s)
Sheriff
the county’s chief law enforcement officer; elected to a 4 year term
Sul Ross
the TX’s most famous sheriff who called to order the 1st meeting of the Sheriff’s Association of TX and was one of the 1st in the law enforcement community to share intelligence
Constable
county-level elected official who provides services to the justice of the peace
Law enforcement in special districts
Most TX colleges, schools, airports have their own police departments
Texas Penal Code
the state’s definitions and categorizations of crimes and punishments
Due Process
constitutionally protected rights of the persons accused of committing criminal acts
Exclusionary rule
a due process right that makes it illegal for the government to use evidence gathered during an unlawful police search
“Good faith” exception
exception to the exclusionary rule incriminating evidence may be admissible if the police acted in good faith
Arizona v Gant
2009
US SC established that police can search a car only with the consent of the driver, unless they have reason to believe the car contains evidence to the crime for which the occupant was arrested.
Stages of Due Process
- Arrest
- The Indictment
- The Trial
Probable cause
the total set of facts and circumstances that would lead a reasonable person to believe that an individual committed a specific criminal act.
Fruits of a crime
any items stolen or otherwise illegally obtained by the accused
Tools of a crime
any items or instruments used during the commission of a criminal act
Mere evidence
items that connect an individual with a crime (eg. fingerprints)
Grand jury
a panel composed of 12 citizens who determine whether enough evidence exists to charge a person with a felony and make him/her stand trial.
Indictment
a finding by the grand jury that the case will proceed to the trial stage; aka true bill
Prosecutor
A government employee who initiates criminal cases against individuals
Plea bargain
a process in which the accused receives a lighter sentence than could be expected from a trial verdict in exchange for a guilty plea
Bench trial
a criminal trial that is held w/o jury, as requested by the person charged
Double Jeopardy
a criminal defendant’s due process right to be protected from being tried a second time (after receiving a non-guilty verdict the first time)
In trial, a conviction in a criminal jury requires a …………. to establish a verdict
unanimous vote
Hung jury
Describes the failure to render a verdict in a criminal case
In Texas, who decides the amount of time the accused will serve?
The jury
