Final Review Flashcards
Sentencing
The imposition of a criminal sanction by a judicial authority.
Goals of Sentencing/Punishment: Retribution
Act of taking revenge on a criminal perpetrator; ‘eye for an eye’. Just deserts: Criminal defenders deserve the punishment they received at the hands of the law, and the punishment should be appropriate to the type and severity of the crime.
Goals of Sentencing/Punishment: Incapacitation
The use of imprisonment or other means to reduce the likelihood that the offender will commit future offenses. The main goal is to protect the innocent members of society.
Goals of Sentencing/Punishment: Deterrence
Inhibit criminal behavior through fear of punishment. General vs. specific deterrence. Recidivism: Relapsing into a problem or criminal behavior during or after receiving sanctions.
Goals of Sentencing/Punishment: Rehabilitation
The attempt to reform a criminal offender.
Goals of Sentencing/Punishment: Restoration
The attempt to make a victim ‘whole’ again. Restorative justice: A sentencing model that builds on restitution and community participation.
Indeterminate Sentencing
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences. Allows for judicial choice: can do range. Inmates have a say in how long they are incarcerated (better behavior). Parole plays a big role.
Criticisms of Indeterminate Sentencing
Allows judge too much discretion: Judge personality and personal philosophies produce too wide a range of sentencing practices, extra-legal facts may influence judge in sentencing. Dishonesty in sentencing: Time served in prison is far less than a sentence would indicate.
Good Time
Reduce time served with good behavior.
Gain Time
Reduce time served for participation in projects and programs.
Structured Sentencing: Determinate
An offender is given a fixed term of imprisonment. Can be reduced by good or gain time.
Structured Sentencing: Voluntary/Advisory Sentencing Guidelines
Recommended sentencing policies that are not required by law.
Structured Sentencing: Presumptive: Mandatory Sentencing Guidelines
Aggravating circumstances: Make sentences longer. Mitigating circumstances: Make sentences shorter.
Mandatory Sentencing
A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes; judge has no discretion.
Three Strike Laws
CA, 25 years to life for a third felony with convictions for 2 or more serious or violent prior offenses. Criticisms: It doesn’t work, increased number and severity of nonviolent offense convictions, more expensive, increased prison population, increased prison overcrowding, back up the courts, no one pleads guilty.
Resentence Investigation
The examination of a convicted offender’s background prior to sentencing.A detailed written export of the defendant’s personal and criminal history. An abbreviated written report summarizing the information most likely to be useful in a sentencing decision. A verbal report to the court made by the investigating officer based on field notes.
Victim Impact Statement
The in-court use of victim- or survivor-supplied information by sentencing authorities seeking to make an informed sentencing decision. The offender describes loss, suffering, trauma, impact on victim and victim’s family.
How do judges decide
Legal variables: Have to be considered. Prior record score. Offense severity score. Extralegal variables: Not supposed to be considered. Race/ethnicity. Sex. Age. Mode of conviction.
Fines
All technically but usually for smaller offenses. Pros/Cons: Deprive offender of proceeds of criminal activity. reduce prison crowding. enforce economic responsibility. inexpensive to administer. offenders usually poor.
Day fines
Fines that are proportional to both the seriousness of the offense and the financial resources of the offender.
Death Penalty (Pros/Cons)
Just deserts (for the state). Revenge/retribution (for the family). Protection (for everyone). Innocent people have been executed. Lack of proven deterrence. Arbitrariness: Finances play a large role in who gets sentenced to death. Discrimination. Expense. Human life is sacred and the state should never kill.
Capital Offense
A crime that is punishable by death.
Capital Punishment
Death penalty.
Writ of Habeas Corpus
A writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment.
Probation
A sentence of imprisonment that is suspended (usually for non-violent).
Extent of Probation
Most common form of sentence in the US. Over half of all offenders under correctional supervision are on it.
General Probation
Applies to all probationers in a specific jurisdiction. Usually requires offenders to obey laws, get and keep a job, random lists by probation officers.
Intermediate Sanctions
Sentencing alternatives falling between imprisonment and probationary release. Stress a highly regimented routine, physical activity, and sometimes drug treatment.
Split Sentencing
Impose a combination of a brief period of incarceration followed by mandatory probation.
Shock Probation/Parole
Serve time in prison then apply for probation. It can be denied. The decision of shock parole is made by the parole board.
Shock Incarceration
A sentencing option that makes use of ‘boot camp’-type prisons.
Mixed Sentencing
Serve weekends (usually) in jail and undergo probationary supervision in the community.
Community Service
Spend at least part of their time working for a community agency.
Intensive Supervision Probation
More frequent face-to-face contact with the probation officer.
Home Confinement
House arrest. Remote location monitoring: Monitored electronically to ensure they do not leave home during specified hours. Can leave for work.
How did we use to punish?
Eye for an eye: Law of retaliation. Flogging. Mutilation. Branding. Public humiliation. Workhouses: Instill habits of industry to the idle, not for prisoners - incarcerated vagrants and destitute. Exile.
What is a Prison
A state or federal confinement facility that has custodial authority over adults sentenced to confinement.
Penitentiary Era
Pennsylvania system; solitary confinement (Bible study), minimize contact between offenders (prisons).
Mass Prison Era
The Auburn System. Inmates lived, ate, and worked together, but in forced silence. Harsh punishment for those who spoke. More commonly used approach -lower cost (and some argued more humane)reformatory era, The period in corrections characterized by the establishment of reformatories designed to reform young offenders rather than just confining them.
Elmira Reformatory
For first time offenders aged 16-30, Mandatory schooling and available trade training.
industrial era
Capitalized on the labor of inmates while imprisoned. Issue with this: ashurst-summers acts: restricted interstate commerce of prison-made goods.
punitive era
Out of sight out of mind philosophy.
treatment era
Medical model. See inmates as clients or patients. Applies the diagnostic perspective of medical science to the handling of offenders. Two types of treatment: individual and group. Didn’t work: treatment often provided by guards and administrators who weren’t trained to provide it.
community-based era
Also known as deinstitutionalization. Offenders cannot be rehabilitated if isolated from the community. Halfway houses: help with the release process from prison.
warehousing era
Abandon all hope of rehabilitation; only desire is to prevent recurrent crime. Occurred after the nothing works doctrine. Led to mass imprisonment.
female offenders are more likely to
Be a primary caretaker. Have experienced physical or social abuse. Have distinctive physical and mental health needs.
parents in prison
80% of women entering prison are mothers. Pregnant women receive little prenatal care. 1 out 111 white children has experienced imprisonment of a parent, 1 out of every 15 black children. Hard for kids to see parents.
gender responsiveness
The process of understanding and taking into account the differences in characteristics and life experiences that women and men bring to the criminal justice system, and adjusting strategies and practices in ways that appropriately respond to each.
social structure in women’s prisons
Pseudofamilies: some just marry (and sometimes divorce). Some create kinship groups (children, in-laws, grandparents). More sexual misconduct between inmate and staff in female facilities.
violence in women’s prisons
Much less common. Primarily used to settle questions of dominance and subordination.
prison staff
Warden, corrections officer, psychologist, counselor, program director, physician and therapist (in larger prisons).
main influence of staff culture
The threat inmates pose.
custody concerns
Keeping people in custody/no escaping.
control concerns
Keep inmates under control.
correctional officer stress
Causes: crowding in prisons, threat of violence or actual violence, security threat group, rule conflict, understaffing, rotating shifts, overtime, poor public image, low pay.
high burnouts and turnover rates
Security threat group.
security threat group
An inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public, who prey on other inmates, or who threaten the secure and orderly operation of a correctional institution
hope v pelter
Court ruled qualified immunity (not allowed to sue against government agents for actions taken in connection with their job) did not hold for prison guards when they violate 8th amendment.
before 1960s court took an approach to correctional facilities known as
Hands-off doctrine: judges assumed prison administrators are professional enough to balance institutional needs with humane considerations.
civil deaths
The legal system status of prisons who, after being released are denied certain rights: vote, own a gun.
pell v procurer
Balancing test: weigh the rights of an individual against the authority of states to make laws or restrict redeem in order to protect the state’s interest and its citizens. In other words: inmates have rights, and they must be afforded so long as it doesn’t comprise security.
civil rights of institutionalized persons act of 1980
Protects the rights of all people in all government-run facilities.
juvenile
10% of violent crimes, 14% of property crimes, 9% of all arrests.
why do juveniles act out?
Many have problems at home or school: minorities grossly overrepresented in juvenile custody. Most youth who commit felonies will reduce offending over time, whether they get treatment or not. Longer stay in juvenile detention does not reduce recidivism.
juvenile justice system
The aggregate of the government agencies that function to investigate, supervise, adjudicate, care for, or confine youthful offenders and other children subject to the jurisdiction of the juvenile court.
delinquency
Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior.
parens patriae
A principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, abandoned, or needs care parents cannot or will not provide.
prisonization
The process whereby newly institutionalized offenders come to accept prison lifestyle and criminal values.
prison argot
The slang characteristic of prison subcultures and prison life.
just desert era
Justice model: a contemporary model of imprisonment based on the principles of just deserts. Return to the roots of incarceration - punishment. The get tough philosophy. Impact: we have one of the highest rates of imprisonment in the world.
evidence-based era
Employ cost-effective solutions to correctional issues.
prison capacity
The size of the correctional population an institution can effectively hold.
rated capacity
The number of inmates a prison can handle according to the judgment of experts.
operational capacity
The number of inmates a prison can effectively accommodate based on management considerations.
design capacity
The number of inmates a prison was intended to hold when it was built or modified.
US v Champion
Ruled overcrowding was not cruel and unusual.
quality of prison is based on
(totality of conditions). Ability to meet basic human needs. Adequacy of faculty’s staff. Program opportunities for inmates. Quality and strength of management.
selective incapacitation
Protect society by incarcerating the most dangerous.
minimum levels prison
Institutional and community-based. Housed in dorms. Prepare for release back into the community. Minor/going back.
medium-level prisons
More secure. More staff. Can leave grounds with escort. Freedom for work assignment and programming. Small offenses/going back.
maximum-level prisons
Much more secure. Double fences. Motion sensors. High guard to inmate ratio. Security takes priority over rehab.
super-maximum-level prisons
Administrative segregation for those who pose a threat. Violent/members of gangs, etc.
jails
Locally operated short-term confinement facilities that serve the following purposes: receive indiums pending arraignment and hold them awaiting trial, conviction, and sentencing. Readmit probations, parole, and bail bond violators. Can hold inmates during prison overcrowding issues. Hold inmates sentenced to short-term (usually less than 1 year).
social realities
Official rules and procedures of the prisons and prison subculture.
prison subculture
Values and behaviors; patterns characteristic of prison inmates. Official. Traditional. Reform. Revolutionary.
inmate commitment to prison norms an values is a
U shape.
official
culture promoted by the staff
traditional
traditional inmate culture, participants lament its decline among younger inmates
reform
participation in civic-style clubs
revolutionary
built on radical political rhetoric, popular among minority prisoners who saw themselves as victims of society’s unfairness
deprivation model
- pains of imprisonment - inmates form subcultures to help cope with the following deprivations: - liberty - goods/services - autonomy - personal security - heterosexual relationship
importation model
Inmates bring with them values, roles, and behavior patterns from the outside world -> these shape the social world of a prison
Juvenile Court Era
- created in cook IL in 1899 - wanted to separate from adult court to remove lasting stigma - first to call it delinquency instead of criminality - interests of the child guide the court decisions(betterment of the child took precedence over determining guilt or innocence)
delinquent
engaged in an activity that would be considered a crime if the child was an adult
undisciplined
A child who is beyond parental control, evidenced by refusal to obey legitimate authority
dependent
a child who has no parents or whose parents cannot care for them
neglected
A child who is not receiving the proper level of care from parents - a child who has been placed up for adoption
abused
A child who has been physically, sexually, or mentally abused.
status offender
A child who commits an act that is contrary to the law by virtue of the offender’s status as a child. - Purchasing cigarettes, buying alcohol
Kent v. US
juvenile’s receive due process
In re Gault
Case granting juveniles four basic rights: - notice of charges - right to counsel - right to confront and cross-examine witnesses - protection against self-incrimination
In re Winship
must be adjudicated delinquent beyond a reasonable doubt
made juvenile system more like adult system
kent v US, in re Gault, and In re Winship
McKeiver v. PA
Jury trials are not constitutionally required for juveniles
Roper v. Simmons
death penalty not allowed for children under 18
Graham v. Florida
life imprisonment without parole for juveniles violates 8th Amendment (except for homicide)
made juvenile system separate from adult system
makeover v PA, roper v Simmons, graham v florida
Juvenile Justice and Delinquency Prevention (JJDP) Act of 1974
- sight and sound separation - status offenders had to be deinstitutionalized - A 1988 revision required states to ameliorate conditions that lead to disproportionate minority confinement if they want funding - In 2002 updated to disproportionate minority contact - make conditions better through all stages of the juvenile justice process
Exclusive jurisdiction
Juvenile court is the only court that has statutory authority to deal with children for a specified infraction, not waived
Original jurisdiction
particular offense must begin with juvenile court authorities, might be waived
Concurrent jurisdiction
Other courts’ have equal statutory authority to initiate proceedings (usually homicide, rape, robbery, and other serious crimes), will be waived just need to be tried in juvenile first
how the system works(juvenile)
- come into contact through arrest or a juvenile petition - will try to handle the juvenile informally if it is a non-serious offense
Detention hearing
inmake: decide whether the juvenile court needs to hear the case or not
Transfer hearing
- decision whether to transfer juvenile to adult court - some crimes carry mandatory transfer
Adjudicatory hearing
Fact-finding process to determine if there is sufficient evidence to sustain allegations in a petition
Differences between juvenile and adult court
- Emphasis on privacy - informality - speed - evidentiary standard - philosophy of the court - no right to trial by jury
Dispositional hearing
The final stage in the processing of adjudicated juveniles in which a decision ismade on the form of treatment or penalty that should be imposed on the child
Juvenile disposition
Decision to place in a juvenile correctional facility; juvenile residence; treatment program; meet certain standards of conduct; or released
Secure Institutions for Juveniles
- most look like residential high school campuses, but all states have one secure facility - can include halfway houses, boot camps, wilderness programs, etc. - characteristics: most male, most black then white then hispanic
Silverthorne Lumber Co. v. US
fruit of the poisonous tree doctrine
fruit of poisonous tree
A legal principle that excludes from introduction at trial any evidence later developed as a result of an illegal seizure. (illegal seized documents, legal warrant, legal evidence, illegal)
Mapp v. Ohio
applied the exclusionary rule to the states, was previously only on federal level
US v Leon
good faith exception to the exclusionary rule
good faith exception
officers who conduct a search or who seize evidence on the basis of good faith and who later discover that a mistake was made, may still provide evidence that can be used in court
Harris vs US
(plain view doctrine): police officers can confiscate evidence, without a warrant, based on what they find in plain view and open to public inspection, only applies to sightings by police in legal circumstances(places where they have a right to be: accidents, emergencies, fire, pulled over), only if sighting was coincidental (no searching), evidence must be immediately apparent
US v. Mendenhall
Free to leave test
free to leave
a reasonable persons would have believed that he was not free to leave, if you agree/volunteer than it is not illegal
Search incident to arrest
Conducting a warrantless search of an arrested individual to ensure the safety of the arresting officer
Terry v. Ohio
allowed to stop and frisk(Terry frisk), officer must have reasonable suspicion to perform this
Aguilar v. Texas
Established a two prong test test to determine if probable cause is met from informant information: 1. where informant got information(source), 2. the police officer has a reasonable belief that the informant is reliable
Brown v. Mississippi
physical abuse, you can’t beat or torture suspect to elicit a confession
Inherent Coercion
Tactics used by police interviewers that fall short of physical abuse but pressure the suspect to talk divulge information(Ashcraft v Tennessee)
Ashcroft v Tennessee
had Ashcroft in room for 36 hours. had light in face whole time until confessed
psychological manipulation
Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control(Leyra v Denno(can lie but no are you sure…)
Escobedo v. Illinois
suspects have a right to counsel during police interrogations
Edwards v. Arizona
Once a suspect requests a lawyer all questioning by police must stop
Miranda decision
created miranda warnings: advisement of rights due criminal suspects by the police before questioning begins, suspect rights
Can Miranda rights be waived?
- only if voluntarily: no force, only if suspect is advised of his or her rights and is in condition to understand the advisement- intelligent: requires that the defendant be able to understand the consequences of not invoking the Miranda rights(language barriers)
Nix v. Williams
inevitable discovery exemption - evidence even if it was otherwise gathered inappropriately can be used in a court of law if it would have inevitably turned up in the normal course of events
New York v. Quarles
Considerations of public safety were overriding and negated the need for rights advisement prior to limited questioning that focused on the need to prevent further harm.
Police Subculture
A particular set of values, beliefs, and acceptable forms of behavior characteristic of American police- informal socialization plays a much bigger role than formal police academy training in determining how rookies eventually see police work
streetwise cops
Know what official department policy is, but also know the most efficient way to get the job done
police working personality
All aspects of the traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture.
Police Subculture can change through external pressures:
-new hiring practices- investigation into police corruption or misuse of authority- commission reports that create pressures for police to reform
police corruption
The abuse of police authority for personal or organized gain
slippery slope
accepting even small thanks from members of the public can lead to a more ready acceptance of larger bribes
occupational deviance
Motivated by the desire for personal benefit
abuse of authority
Further the organizational goals of law enforcement(John burge)
grass eaters
Fail to refuse bribes that are offered(Ill give you a 100 if you give me an A)
meat eaters
Actively solicit bribes through threat or intimidation(if you don’t give me 100 dollars, I give you an F)
Money/Corrupt behavior
low income, interacting with people on their worst day, wears you down, leads to corrupt behavior because monetary gain is enticing
why is corruption hard to control?
- reluctance of police officers to report corrupt activities by fellow officers- reluctance of police administrators to acknowledge existence of corruption in their agency- benefits to corruption- lack of immediate victims willing to report
How can corruption be stopped?
- integrate more ethics training in the academy- built a “culture of integrity” in police departments
police professionalism
The formalization of police work and the accompanying rise in public acceptance of the police
police ethics
The special responsibility to adhere to moral duty and obligation that is inherent in police work.
Peace Officer Standards and Training (POST) Program
- sets standards for the training of law enforcement officers- all states having training like this, but it varies considerable
level of Education
pros: better job performancecons: likely to quit, question orders
Screening for Recruitment
personal interviews, basic skills tests, physical agility measurements, medical exams, drug tests, psych evals, background investigation
most violence related deaths
guns
why stress producing job?
- exposure to violence, suffering, death- public perception- mandatory rotating shifts- not enough time with family- not being effective
police use of force
The use of physical restraint by a police officer when dealing with a member of the community.
excessive force
the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject
force continuum
more danger/resistance more force is necessary (Rodney kin)
deadly force
- force likely to cause death or great bodily harm- the intentional use of a firearm or other instrument resulting in a high probability of death
Tennessee v. Garner
use of deadly force by the police to prevent the escape of a fleeing felon could be justified only where the suspect could reasonably be thought to represent a significant threat of serious injury or death to the public or to the officer and where deadly force is necessary to effect the arrest
Graham v. Connor
Objective reasonableness- Was the appropriate amount of force used from the perspective of a reasonable officer on the scene (not in hindsight)
imminent danger
- Standard used for federal agents- Restricts use of deadly force to those situations in which the lives of agents or others are in danger
why is corruption hard to control?
- reluctance of police officers to report corrupt activities by fellow officers- reluctance of police administrators to acknowledge existence of corruption in their agency- benefits to corruption- lack of immediate victims willing to report
How can corruption be stopped?
- integrate more ethics training in the academy- built a “culture of integrity” in police departments
police professionalism
The formalization of police work and the accompanying rise in public acceptance of the police
police ethics
The special responsibility to adhere to moral duty and obligation that is inherent in police work.
Peace Officer Standards and Training (POST) Program
- sets standards for the training of law enforcement officers- all states having training like this, but it varies considerable
level of Education
pros: better job performancecons: likely to quit, question orders
Screening for Recruitment
personal interviews, basic skills tests, physical agility measurements, medical exams, drug tests, psych evals, background investigation
most violence related deaths
guns
why stress producing job?
- exposure to violence, suffering, death- public perception- mandatory rotating shifts- not enough time with family- not being effective
police use of force
The use of physical restraint by a police officer when dealing with a member of the community.
excessive force
the application of an amount and/or frequency of force greater than that required to compel compliance from a willing or unwilling subject
force continuum
more danger/resistance more force is necessary (Rodney kin)
deadly force
- force likely to cause death or great bodily harm- the intentional use of a firearm or other instrument resulting in a high probability of death
Tennessee v. Garner
use of deadly force by the police to prevent the escape of a fleeing felon could be justified only where the suspect could reasonably be thought to represent a significant threat of serious injury or death to the public or to the officer and where deadly force is necessary to effect the arrest
Graham v. Connor
Objective reasonableness- Was the appropriate amount of force used from the perspective of a reasonable officer on the scene (not in hindsight)
imminent danger
- Standard used for federal agents- Restricts use of deadly force to those situations in which the lives of agents or others are in danger
police discretion
The opportunity for police officers to exercise choice in their enforcement activities.- when it is used the most often:minor law violations, crimes committed out of the officer’s presence and victim refuses to file a compliant, not enough evidence to obtain a conviction
racial profiling (biased policing)
two standards: - federal law enforcement officers may not use race,ethnicity, gender, national origin, sexual orientations, religion, or gender identity to any degree(to stop someone unreasonable) - may consider the above only to the extent that these is trustworthy information that links persons possessing the above to an identified criminal incident
federal court system
The three-tiered structure of federal courts, comprising U.S. district courts, U.S. courts of appeal, and the U.S. Supreme Court.
state court system
A state judicial structure; most states generally have at least three court levels: trial courts, appellate courts, and a state supreme court.
jurisdiction
The territory, subject matter, or people over which a court or other justice agency may exercise lawful authority, as determined by statute or constitution.
original jurisdiction
the lawful authority of a court to hear or to act on a case from its beginning and the pass judgement on the law and the facts
appellate jurisdiction
The lawful authority of a court to review a decision made by a lower court
state trial courts
Where criminal cases begin; conduct arraignments, set bail, take pleas, and conduct trials, impose sentence, works within a framework known as the adversarial process(_____ vs_____)
State Appellate Courts
courts where an individual can appeal a decision against them, some states have an intermediate appellate court, all have a state Supreme Court, it is not a new trial(it is a examination of the record)
appeal
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
U.S. District Courts
the trial courts of the federal court system, have jurisdiction to hear nearly all categories of federal cases(both civil and criminal), there are 94 federal districts including at least one district in each state, district court judges appointed by the president, confirmed by the senate, serve for life
U.S. Court of Appeals
94 districts are organized into 13 circuits, each circuit has a court of appeals hears appeals from district courts located within its circuit, along with appeals from decisions of federal administrative agencies,consists of six or more judges who are appointed in the same manner as district court judges
US Supreme Court
nine judges, appointed same as federal judges, has authority of judicial review: the power of a court to review actions and decisions made by other agencies of government, Marbury v Madison(1803): established the court’s authority as final intrepter of the constitution, can accept cases from both Us courts of appeals and state supreme courts, four jousters must vote in favor of hearing it, will only pick the cases that involve a substantial federal question(almost never heard/doesn’t happen a lot), term begins first Monday in october and lasts until early July, concurring opinion vs dissenting opinion
concurring opinion
agree with the courts judgement but not for a different reason
dissenting opinion
do no agree wit the court’s decision
courtroom work group
the professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defender, and others who earn a living serving the court
judge
elected or appointed public offical who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials, holds the ultimate authority in the courtroom, sentence offenders, requires one to have a law degree, be a licensed attorney, and a member of the state bar
prosecuting attorney
An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses, act on behalf of the state because of th belief that crimes are an affront to the public, most are elected, often act as legal adviser to police departments, in court they introduce evidence against the accused, steer the testimony of witness, argue in favor of conviction, what is presumed in a trial: so the burden of demonstrating guilt beyond a reasonable doubt falls on them
prosecutorial discretion
the decision making power of prosecutors, charges too, must disclose evidence that directly relates to guilt or innocence, exculpatory evidence, makes sentence recommendations for those found guilty
exculpatory evidence
any evidence having a tendency to clear a person of guilt or blame, ex: DNA
abuse of discretion
accept guilty please to drastically reduced charges for personal considerations, deciding not to prosecute friends/political cronies, overzealous prosecution to further ambitions, overcharge minorities, undercharge females
defense counsel
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law, they test the strength of prosecution’s evidence, take part in plea negotiation, and prepare an adequate defense(which may include enlisting private detectives, experts, witnesses to the crime, an character witnesses), if their defendant if found guilty they will make arguments for lenient sentencing, appeal, and counsel on any civil matters, Gideon vs wain wright(1963): right to consul for all indigent defenders charged with a felony
assigned counsel
drawn from a roster of all practicing criminal attorneys within the jurisdiction of the trial court
public defenders
An attorney employed by a government agency or subagency, or by a private organization under contract to a government body, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service.
the ethics of defense
attorney-client privilege
jurors
n member of a trial or grand jury who has been selected for jury duty and is required to serve as an arbiter of the facts in a court of law, most have 12, required to serve if called but can ask to be rescheduled
victim
face many hardships including: uncertainty to their role in the process, lack of knowledge about CR system, trial delays, fear of defiant relation, trauma from testifying
defendant
must be present at trial
Strickland v. Washington
- Two-pronged test for determining effective assistance of counsel- The counsel’s performance fell below to objective standard of reasonableness- The counsel’s performance gives rise to a reasonable probability that if counsel had performed adequately, the result would have been different
What is the Police mission?
enforce the law, apprehend offenders, prevent crime, preserve the peace, provide services
enforcing the law
- Police are under an official public mandate that requires them to enforce the law- not what they do a majority of the time(only 10-20%)- also expected to support the law(“good” at all times)
Apprehending Offenders
often only after extensive investigation
crime prevention
- The anticipation, recognition, and appraisal of a crime risk and the initiation of action to eliminate or reduce it- use both techniques(cctv, more light) and programs (focus on something to help a community)
predicting crime
-CompStat•A crime-analysis and police-management process built on crime-mapping
preserving the peace
Supervising parades, protests, etc.Broken windows model of policing(small things show you don’t care which leads to more crime)
providing services
Easily accessed through 9-1-1
preventive patrol
- making the police presence know- to deter crime - position officers for quick response to emergency situations- increase public’s feeling of safety
Routine Incident Responses
minor traffic accidents
Response time
a measure of time that it takes for police officers to respond to calls for services
Emergency Response
includes serious traffic accidents, crimes in progress, natural disasters, terrorism, not as common as routine incident, take priority
criminal investigation
- process of discovering, collecting, preparing, identifying and presenting evidence to determine what happened and who is responsible- another name: detective- first responders conduct a preliminary investigation, crime scene investigators are then called in
problem solving or problem oriented policing
- seeks to reduce chronic offending in a community- crimes ar caused by existing social PROBLEMS- solve the problem to control crime
support services
Activities like dispatch, training, record keeping, etc.
police management
The administrative activities of controlling, directing, and coordinating police personnel, resources, and activities
line operations(police organization and structure)
field/supervisory activities directly related to day to day police work
staff operations(police organization and structure)
administrative activités that provide support for line operations
team policing
- assign a team of police officers semi-permanently to a neighborhood- their job is to become familiar with the people and community problems- build community and trust
strategic policing
- emphasis an increased capacity to deal with crimes that are not well controlled by traditional methods- targets non traditional offenders(serial offender/gangs)- innovative techniques(gang task forces)
community policing
- has elements of problem solving policing but also forges police-community partnerships- enhances police community relations
Bill of Rights
first 10 amendments of constitution
warren court
- primarily the 60s- wanted to create rulings to curtail even potential abuse- most popular is miranda- today(80s-now) some rules are starting to be overturned
Due Process Requirements
often decided by landmark cases and focuses on three areas of interest:- search and seizure- arrest-intelligence gathering
What is a crime?
Conduct in violation of the criminal laws of a state, the federal government, or a local jurisdiction, for which there is no legally acceptable justification or excuse.
What is justice?
idea of moral equity
administration of justice
The performance of any of the following activities: detection, apprehension, detention, pretrial release, post-trial release, prosecution, adjudication, correctional supervision, or rehabilitation
individual-rights advocate
one who wants to protect personal freedoms
public-order advocate
interests of society should take precedence over individual rights in certain cases
Criminal Justice
the criminal law, the law of criminal procedure, and activities having to do with the enforcement of this body of law
CJ system
The aggregate of all operating and administrative or technical support agencies that perform CJ functions
Consensus Model
assumes components of CJ system work together
Conflict Model
components function to serve self, justice is a product of conflict
warrant
search issued by judge to perform specific act
arrest
taken into custody
Miranda v. Arizona
right to remain silent
Booking..What Happens here?
picture, fingerprint, personal info, advised of rights
First Appearance(pretrial)
hours after arrest, sometimes bail
Preliminary hearing(pretrial)
establishes If there is enough evidence to continue
arraignment(pretrial)
first appearance in a court, charges can be placed, first time, pleas: no contest, guilty, not guilty
trial types (adjudication)
jury or judges
procedural law(adjudication)
type of evidence submitted, credentials of those representing, what jury can hear
precedent(adjudication)
decisions rendered by courts in previous cases(ex: miranda)
who sentences?
judge (jury determines death sentences)
consecutive
one after another
concurrent
all at the same time
corrections
the supervision after sentence
reentry
entering society after sentence
due process
procedural fairness or the process that feels fair
bill of rights
first ten amendments, free speech, bear arms, right to speedy trial
crime control model
A criminal justice perspective that emphasizes the efficient arrest and conviction of criminal offenders
due process model
A criminal justice perspective that emphasizes individual rights at all stages of justice system processing
Uniform Crime Report (UCR)
collected by police agencies and sent to FBI , includes all part 1 or index offenses and 18 part 2 offenses
part 1 or index offenses(worst)
murder, arson, aggravated assault, robbery, grand larceny, rape, grand theft, burglary
Issues with UCR?
dark figure of crime, altering way crimes are defined(it’s not _ is a _)
dark figure of crime
Crime that is not reported to the police
National Incident-Based Reporting System (NIBRS)
not summary based but incident based, more info is collected which is time consuming(why it has not been fully adopted)
National Crime Victimization Survey (NCVS)
interview household every 6 months for 3 years after a crime
strengths of NCVS
helps account for dark figure of crime(people more likely to tell strangers=more accurate), includes more/all crimes
weakness of NCVS
left out: Children (12 and younger) and homelessDoes not include businessesaccuracy of reporting(more accurate but not completely)
Self-Report Surveys
report: crimes committed and victimized(who did it), strength: only survey that examines why people commit crimes
personal crime
Violent crime involving use of physical force or threat of force
property crime
When property is taken unlawfully
drug crime
sell/use drugs
public order offenses
acts that disrupt the peace in a civil society
clearance rate
proportion of crimes that have been solved
Murder
the unlawful killing of one human being by another
first degree murder
premeditated murder
second degree murder
still unlawful but not planned
what is used the most in murders?
guns
spree
killing at two locations with almost no time in-between
mass
killing of four or more people at one location within one event
serial
several people in three or more separate events
rape
the penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim
robbery
the unlawful taking of property from a person’s immediate possession by force or intimidation
armed robbery
robbery with a weapon
highway robbery
Outdoors in a public place
Aggravated Assault
The unlawful, intentional inflicting, or attempted or threatened inflicting, of serious injury upon the person of another.
burglary
entering a building unlawfully with intent to commit a felony or a theft, property crime
is burglary a property crime
yes
three classifications of burglary
forcible entry, entry where no force is used, attempted forcible entry
larceny-theft
the unlawful taking, carrying, leading, or riding away of property from the possession or constructive possession of another
motor vehicle theft
the theft or attempted theft of a motor vehicle
arson
an willful or malicious burning or attempt to burn with or without intent to defraud
highest clearance rate
murder and aggravated assault
Lowest clearance rate
motor vehicle theft and burglary
part 2 offenses
less serious/more often: simple assault, prositution, etc
Deviance
violation of social norms defining appropriate or proper behavior under a particular set of circumstances
theory
set of interrelated propositions that attempt to describe explain predict and ultimately control some class of events
classical school
belief that behavior influenced by free will
positive school
The belief that behavior is influenced by outside factors
deterrence elements(classical)
swift: how quickly after crime committed you are punishedCertain:how certain of punishment, most importantSevere: how severe punishment is
types of deterrence(classical)
general: stop from doing it in generalSpecific: stop from doing it again
Rational Choice Theory(classical)
criminality is the result of conscious choice, criminals will do a cost-benefits analysis before doing it
routine activities theory(classical)
all three must be present for crime to occur: suitable target: thing/person you commit crime againstmotivated offender: want to do itlack of capable guardian: no one to stop you
early biology(positive)
cesare lombroso, atavism: a condition character by the existence of features thought to be in earlier stages of evolution, racist idea
New Biology(positive)
frontal lobe development, last part to develop, control impulses, plan, anticipate consequences
Social Disorganization (positive)
A condition said to exist when a group is faced with social change, uneven development of culture, maladaptiveness, disharmony, conflict, and lack of consensus.
labeling(postive)
we become what others think of us, 1st crime defines what kind of criminal you are
strain(postive)
disjuncture between the goals of society and the means to achieve them
control theory(positive)
we are born bad, self control set at 8, low self control = more impulsive
learning theory(positive)
we are born a blank slate, differential association: learn behavior of those around, mafia crime families
law
a rule of conduct that proscribes or mandates certain forms of behavior, can’t say you don’t know it bc you can look it up
statuary law
its on the books, two types: substantive: part of law that defines crimes and specifies punishmentprocedural: the part of the law that specifies the methods to be used in enforcing substantive law
penal code
The written, organized, and compiled form of the criminal laws of a jurisdiction, only criminal laws
case law
The body of judicial precedent, historically built on legal reasoning, that serves as a guide to decision making, aka prev cases
common law
law originated from usage and custom rather than written statues, aka not written
rule of law
orderly society that is governed by established principles and known codes that are applied uniformly and fairly to all members
jurisprudence
the philosophy, science and study of law
criminal or penal law
body of rules and regulations for offenses: nature of offense and punishment for offense
civil law
The branch of modern law that governs relationships between parties.
tort
a wrongful act, damage or injury not involving a breach of contract, divorce
precedent
A legal principle that ensures that previous judicial decisions are authoritatively considered and incorporated into future cases.
stare decisis
A Latin phrase meaning “let the decision stand.” The vast majority of Supreme Court decisions are based on precedents established in earlier cases, enforcing precedent
felony
A criminal offense punishable by death or by incarceration in a prison facility for at least one year.
Misdemeanor
relatively minor crimes that carry a sentence of no more than one year in jail
offense
a violation of criminal law, can also be called an infraction, almost always a fine
treason
A U.S. citizen’s actions to help a foreign government overthrow, make war against, or seriously injure the United States.
espionage
The “gathering, transmitting, or losing” of information related to the national defense in such a manner that the information becomes available to enemies of the United States, can be committed by non US citizens
Inchoate Offenses
an offense not yet completed
Actus Reus
guilt act, any act in violation of the law, must commit act
mens rea
guilty mind, four levels:purposeful: undertaken to achieve a goalknowing: undertaken with awarenessreckless: forced potential danger but do it anywaynegligent: fail to force potential danger a normal person would
what elements must a prosecution show occurred before a conviction?
mens rea, actus reus, [corpus deliciti], show all happened
corpus delicate
show a crime has occurred
what is a defense?
create doubt that something happened
four defenses?
alibi, justifications, excuses, procedural defense
alibi
witnesses, proves innocence
justification
admits to committing act but claims it was necessary to avoid greater evils, types: self defense, defense of others, defense of home/property, necessity, consent, resisting unlawful arrest
excuses
the person who engaged in the unlawful behavior was at the time not legally responsible for their actions, nine types but most common one: insanity
procedural defense
the defendant was in some significant way discriminated against in the justice process, or some important aspect of official procedure was not properly followed, seven: police fraud, misconduct, selective prosecution
Statute of Winchester
First codification of police practices
bow street runners
formed under Henry fielding, one of the first police units, to stop Jonathan wild
new police
sir Robert peel formed first modern police force, bobbies: members of his police (London metropolitan police service), followed two principles: discourage crimes and preventive patrols
americas early cities
followed sir Robert peel, NYC combined day and night forces into nYPD, radio/telephone, cars helped
evidence based policing
created in 1968 to combat crime, expensive but didn’t work, not in 1982, law enforcement assistance administration, Kansas City experiment
scientific police management
use social science to study police administration, to increase police effectiveness, decrease frequency of citizen complaints, enhance the efficient use of available resources
what did Kansas City discover?
no change in rates of crimes, people didn’t interact wit police so they didn’t notice the change
who houses CODIS?
FBI
Centralized State Agencies(wasn’t gone over)
-Assist local law enforcement in investigations-Operate a centralized identification bureau-Maintain criminal records repository-Patrol state highways-Provide select training
decentralized agencies(wasn’t gone over)
split into two agencies: municipal and sheriff
municipal PD
A city or town based law enforcement agency, every municipality in the country has the authority to create its own police force
sheriff
The elected chief officer of a county law enforcement agency, operation of the county jail, patrol areas that lie between municipals
smart policing
Techniques shown to work at both reducing and solving crimes
hot spot
focus resources on known areas of criminal activities
predictive
anticipate or predict crime through the use of statistical techniques
cross training
police officers trained in other areas, like advanced emt techniques
Force multiplier
the use of technologies that permit a few personnel to do the work of many, CCTV, cross training
