Exam 3 Flashcards
3 Levels of California State Courts
- Trial Courts(Superior Court): 58 Counties=58 Trial courts; adversarial court
- Courts of Appeal
- Supreme Court
5 Actions of our Superior Courts
- Conduct Arraignments
- Set Bail
- Take Pleas
- Conduct Trials
- Imposes Sentence (if guilty)
California’s Superior (trial) Courts include
- Family Court
- Juvenile
- Criminal
- Small Claims
- Traffic
Give an example of a Family Court matter.
Restraining Order, etc can be worked out in family court.
What are the three types of Juvenile Court cases?
- Deliquency cases: smash a window of car
- Status Offenses: illegal because of age (truancy, run away, etc)
- Dependency cases: have no parent or gaurdian to care for them
What occurs at Small Claims Court?
-Usually about money damages (doesn’t return lawn mower or do small job they were paid to do, etc.
How many average tickets are issued in CA?
~5 million avg.
What are the 3 levels of severity in crime?
Infraction (fine): speeding, running stop light, $162 for texting while driving
Misdemeanor: DUI; up to 6 months in county & suspension of license.
Felony
Where is there the largest court system and when did the first court system appear?
- California has largest court system
- 1629 Massachusetts
4 Areas of Family Court
- Divorce: Sometimes people hire to assassinate spouse
- Child Custody: Usually can’t go out of state due to injustice; most judges rule w/ females
- Child Support: Support based on income level
- Domestic Violence: Misdemeanor is committed w/ restraining order related cases
The request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside (reverse it) or modify it.
Appeal
What are characteristics of the Court of Appeals?
- Attorney takes care of things; no new trial; just review paperwork and look back at previous trial proceedings
- Won’t deal w/ death penalty (supreme court’s job)
- 6 different appellic courts
List more at least two facts of the Court of Appeals
- Appeal has to be accepted
- Doesn’t conduct new trial
- May allow brief oral arguments by attorneys
- Case may be affirmed, reversed and remanded to lower court
- Recourse may be found at the State Supreme Court level
What are some Supreme Court Justice Facts?
- Members are appointed by the governor
- 10 years of experience in law required
- Serve 12 year terms
- Each justice has staff of 5 attorneys and a secretary
4 Traditional Sentencing Options
- Fines
- Imprisonment
- Probation
- Death Penalty
5 Goals of Contemporary Sentencing
- Retribution
- Incapacitation
- Deterrence
- Rehabilitation
- Restoration
Act of taking revenge upon a criminal perpetrator.
Retribution
Usually not effective; “eye for an eye”; only works for satisfaction
Use of imprisonment to reduce or prevent future crimes.
(Can be very effective; we don’t use prison system effectively however; new technology: electronic containment, ankle bracelet, chemical castration)
Incapacitation
Uses punishment as an example to convince people that criminal activity is not worthwhile.
Deterrence
Only works for lower level crimes; doesn’t work for homicide; ex: Death penalty for speeding or rape
What is Rehabilitation?
Attempt to reform a criminal offender.
90% majority of people not rehabable; doesn’t work for most part
Attempt to make the victim whole again.
Restoration
(Reification: offender once apprehended is put face to face w/ victim making offender know he made a victim; works in most but not all occasions; excludes homicide, rape, & child molesting cases; ex: best friend of dad not put in jail but must assume father figure financially for left behind child.
The use of general and unspecified (range of) sentences.
Indeterminate Sentencing
- Biased
- Minorites tend to have longer sentences
- Ex: One criminal gets 12 yrs while another gets 5 yrs for same crime
An offender is given a fixed term that may also be reduced by good time.
Determinate Sentencing
More aquitable- EX: 5 yrs for all occurances of same crime but can be reduced
A structured sentencing theme that allows no leeway in the nature of the sentence required.
Mandatory Sentencing
Ex: CA’s 3 strikes law - 25 years if you committed same crime twice before already
8 Contributing Factors to Sentencing
- Whether offender committed crime out of need for money, for thrill, revenge, or just because
- How much harm offender intended
- How much victim contributed to their own victimization
- Extent of damages inflicted
- Mental state of offender
- Likelihood of successful rehabilitation
- Degree of offenders cooperation
- Other individual factors
A sentence of imprisonment that is suspended by a limited freedom granted by a judicial officer as long as the person meets certain conditions of behavior.
Probation
Alt to Jail
How many people are on probation?
- 30 to 60% sent to probation
- 1980: 1 Million people
- 2010: 3 Million
- 1/4 Chance of probation
- 3% of homicide convicts allowed probation
What are the two types of probation?
General and Specific
What are the conditions of General Probation?
-Obey all laws
-Maintain employment
-Remain in jurisdiction of court
-Possess no firearm
-Allow probation officer to visit home and work (no warrant needed)
(Applies to ALL probating pp)
What are the conditions of Specific Probation?
-Drivers license suspension (DUI)
-Submit to warrantless searches
-No drug involvement
-Supply breath, blood or urine upon demand
-Complete community service hours
-Avoid association with certain individuals
(Just specific to crime committed)
What are the CDC Ranking of prisoners?
Lvl 5: Secure Housing Unit (SHU) Lvl 4: Max Risk Lvl 3: Med to High Lvl 2: Med to Low Lvl 1: Low (Ex: Cal Poly Prison - Men's Colony)
How many prison systems are in the CDCR?
33
What are the population stats in the state prisons?
White = 25% Hispanic = 40% Black = 30% Other = 15%
Males = 150, 000 Females = 10,000
How much does it cost to run prison system?
Over $8 billion budget
How many people work in correctional system?
~ 6,000
30,000 Correctional Officers
The status of an offender conditionally released from a prison by discretion of a paroling authority prior to expiration of sentence, required to observe conditions of parole, and placed under the supervision of a parole agency.
Parole
State level job
How many parolees sucessfully complete program?
1/2 of parolees
25% break some type of law and return back to jail
12% commit a new crime
What does CDCR stand for?
California Department of Corrections and Rehabilitation
What does CO state for?
Correctional Officer
-About 10 yrs to become parole officer
What are the top funded systems in the state?
Education and Corrections
What are the advantages of probation/parole?
- Lower Cost
- Increased Employment (5 cents/ hr making license plates)
- Restitution (they can pay restitution)
- Community Support
- Reduced Risk of Criminal Socialization (“school of crime”; Go in car thief, come out as armed robber)
- Increased Use of Community Services (Counseling)
- Increased Opportunity for Rehabilitation (Can avoid going back to jail by rehabilitation)
What is the cost of an inmate?
~ $44,000 per inmate annually
What are 3 disadvantages of parole/probation?
- Relative Lack of Punishment
- Increased Risk to Community
- Increased Social Costs
What are 4 Parole/Probation Officer Functions?
- Pre-sentence Investigations (Offender’s background is checked
- Intake Procedures (Issues with taking in Juvenile
- Needs Assessment and Diagnosis
- Supervision of Offender (Probation officers lessened so greater work load for police officers)
What are 6 Categories of Children in the Juvenile Justice System?
- Delinquent Children (Criminal law violators)
- Undisciplined (Beyond parental control; refusal to obey legitimate authorities)
- Dependent (Have no parents to care for them/were abandoned or placed in adoption illegally)
- Abused (Suffer physical, emotional, sexual abuse)
- Neglected (Improper care; malnurished; no adequate shelter; improper upbringing)
- Status Offenders (Violate laws written only for them such as truancy, vagrancy, run away)
What are 6 Juvenile Problems?
- Drug/Alcohol Abuse (MDMA has surpassed coke)
- Violence
- Gangs
- Runaways
- Sexual Abuse (Technology increased against child sex abuse)
- Teen Suicide
Juvenile Drug/Alcohol Stats
- > 1/2 HS grads have tried illegal drugs
- 15% HS Seniors drink at least 1 drink every other day
- 1/4 HS miss school ‘cos of Alcohol
- 25% engage in high risk drinking activity
- Weed #1; legalized in WA and CO
Juvenile Violence Stats
- > 800 Homicides/yr by juveniles
- 3rd leading death for 11-14 yo
- 2nd leading death for 15-24 yo
- 32% victims are females; 44% black
- 62% killed w/ firearm
- 15% stranger murders
Give me at least 2 Gang Member Facts.
- likely to be involved in organized drug dealing
- come from a dysfunctional family
- less likely to complete HS
- more likely to be predatory
- avg joining age 12.8 yo
- over half have tried to quit gang
- 2/3 of gangs have written rules
- nearly 30% require members to pay dues
- over half recruited by other members
- over 3/4 said they’d leave gang if they could start over
- 80% of gang members have sold crack coke
- 70% of gangs racially mixed
- 1/3 of members parents don’t know they’re in gang
- 40% of members know male gang members who have committed rape
How many gangs are in the US?
26,000; 1Million members Hispanics 47% Blacks 31% Whites 13% Asian 7% Other 2%
How many missing kids are reported?
2 million missing kids/runaways
How many kids leave home because of beatings?
1/2 because of beatings
1/2 because of sexual abuse
What does NCIC stand for?
National Crime Information Center: When missing kids are found, NCIC is contacted first, not parents/gaudians
Name 5 Juvenile Stressors
- Drugs
- Peer Pressure
- Parental Pressure to Succeed
- Abuse
- Violent and Broken Homes
What does OPM mean?
Office Personnel Management: For Federal Jobs
USAJOBS.gov
What determines rate of base pay?
Location and years of experience change rate of base pay
What is the ATF?
Alcohol Tobacco Firearms
Duties: Enforce ATF regulations and investigate any violations; These include investigations involving explosives, both conventional and incendiary weapons.
Academy: Federal Law Enforcement Training Center (FLETC)
Salary: GS 5/7/9
Qualifications: Bachelor Degree
Hiring Process: atf.gov
What is the U.S. Secret Service?
Duties: Protection and Investigations; Initial #1 priority was conterfeiting
Academy: 11 Weeks @ FLETC + 11 Weeks in ML
Salary: GS 5/7/9 + Law Enforcement Availability Pay (LEAP) 25% Increase
Qualifications: 21-37, VCH (NATURAL Vision Color Hearing), Bachelor Degree, Excellent Health & Physical Condition
Hiring Process: secretservice.gov
Where are the two locations of FLETC?
Glynco, Georgia & Artesia, New Mexico
What is an IRS investigator?
Internal Revenue Service
Duties: Criminal Investigations involving financial crimes and tax fraud
Academy: 26 weeks at FLETC
Salary: GS 5/7/9
Qualifications: Bachelors Degree w/ 24 Semester hours accounting
Hiring Process: jobs.irs.gov
What is a DEA Special Agent?
Duties: Conduct drug investigations (even undercover operations)/ mondey laundering operations/arrest suspects & prepare for court testimony
Academy: Quantico, Virgina
Salary: GS:7
Qualifications: 21-36, DL, Top Secret Clearance, VCH, Bachelor Degree 2.95 gpa
Hiring Process: justice.gov
What is a FBI Special Agent?
Federal Bureau of Investigation
Duties: Criminal Investigation
Academy: 16 Weeks in Quantico, Virginia learning investigative skills, defensive tactics, firearms, physical fitness and practical exercises.
Salary: GS 10/12
Qualifications: Bachelors Degree*, 23-37, DL, VHC, 4 year degree (Critical skills needed now -Computer Science/Engineering/Physical Sciences/Foreign Language) also looking for Counter-terrorism or military intelligence skills
Hiring Process: fbi.gov
What is the US Deputy Marshal?
Duties: Transport prisoners/ Court security/Protect juries and witnesses/serve warrants/enforce court orders involving civil disturbances and terrorism
Academy: 10 weeks @ FLETC in Glynco, GA
Salary: GS 5/7
Qualifications: 21-36, VCH, Bachelor Degree or 3 years experience, DL
Hiring Process: usmarshals.gov
What is an ICE Special Agent?
Immigrations & Customs Enforcement (Former INS: Immigration National …?)
Criminal investigator or Border Patrol
Duties: Plan and conduct investigations on immigration violations/ undercover work/ arrest suspects/ document cases for court testimony/ enforce US coe Academy: 21 Weeks @ FLETC Salary: GS 5 to GS 12 Level Qualifications: Under 37 Hiring Process: ice.gov
What are the different Federal Police Officers?
TSA (Transportation Security Administration)
DOT (Dept of Treasury)
DOD (Dept of Defense)
DOJ (Dept of Justice)
Duties: All police duties similar to Sheriff/City Police Officer Positions
Academy: FLETC varied training timeline according to Department
Salary: GS 5/6/7 Level
Qualifications: 1 yr specialized experience or bachelor degree in Criminal Justice
Hiring Process: usajobs.gov, Background Investigation (even credit check) and KSA’s
What is CHP?
California Highway Patrol
Duties: Traffic Enforcement & Highway Safety
Academy: 28 weeks in Sacramento
Qualifications: 20-35, VC exam, HS education no felonies
Hiring Process: chp.ca.gov
What does spb.ca.gov stand for?
State Personnel Board
What is the CA State Investigator I?
Duties: ABC/DMV (GTA cases, etc)/ EDD(Employment Development Department)/ DOI (Dept of Insurance)/ DHS (Dept of Health/Safety)/ CSL (Cali State Lottery)/ DCA (Dept of Consumer Affairs: Someone charging illegally high for car parts)
Academy: Yuba City/ SoCal - Golden West Academy in Huntington Beach
Salary: Range 1 $47,000
Qualifications: Bachelor Degree in CRJ field/ or other major & minor in CRJ
Hiring proces: spb.ca.gov
What are more CA State Special Agents?
Duties: BNE (Bureau of Narcotics Enforcement)/ MediCal Fraud
Academy: Varies around 17 weeks for trainee
Salary: $45,000
Qualifications: Bachelors degree in CRJ field or other major/minor in CRJ
Hiring process: spb.ca.gov
What is the Sac County Deputy Sheriff?
Duties: Law Enforcement & Corrections Academy: 24 Weeks Salary $61,000 Qualifications: HS Diploma or GED/ 18 yo/ no felony convictions/ DL/ Drug test/ Voice Stress/ Medical/ psych/ agility/ written/ oral/ background Hiring Process: sacsheriff.com
What are some military agencies?
DOD
- CID defective (Criminal Investigation Division)=Army
- OSI (Office of Special Investigations) = Airforce
- NCIS (Naval Criminal Investigative Service) =Navy
- FPS (Federal Protective Service) = in charge of secure government property in cities, etc; EX: Riot control by ed buildings & mint places
What is the Sacramento Police Officer?
Duties: Law Enforcement Academy: 23 Weeks Salary: $50,000 Qualifications: 60 College semester units/ 21 yo/ live within 35 mi of city and other SO requirements Hiring process: sacpd.org
What are the steps to become SACPD?
Apply Physical Agility Test (Obstacle Course) Written Test (May be basic Engl/Math) Oral Board (Ask scenario test) Psych Test Voice Stress
