midterm (notes from lecture) Flashcards
three primary components of the criminal justice system
law enforcement, courts, corrections
criminal justice system
comprises institutions, policies, and practices with the goal of social control and deterring crime through sanctions and rehabilitation
law enforcement
investigates crimes and apprehends individuals alleged to have committed crimes
law enforcement apprehends alleged individuals because
innocent until proven guilty
courts
interpret and apply the law
corrections
incarceration in jails or prisons, in some cases consisting of supervision in the community, parole, or probation
size of the criminal justice system
very large and very costly; more than 6.6 million adults being supervised in jails, prisons, or on parole in 2016
what people are imprisoned at higher rates?
men and people of color
_________ ____________ of __________ and ___________ affect ________ of punishment
personal characteristics of the offender and victim affect harshness of punishment
road map of the criminal justice system (10 steps)
- crime becomes known to the police
- police investigate, identify, and apprehend the offender
- information gathered is presented to the prosecutor
- prosecutor files charges (speaks with defense attorney, the officers, looks at police reports, offers the alleged a deal)
- if alleged does not take a deal from prosecutor, case goes to trial
- arraignment: defendant appears before a judge, charges and rights are read.
- defendant enters a plea: guilty, not guilty, or nolo contendere
- trial: prosecution and defense present evidence and question witnesses
- conclusion of trial: conviction or acquittal
- sentencing decided by judge or jury
victim in the road map of the cjs
victim is missing from the classic road map; victims may require medical care, emotional or psychological support, or assistance with insurance agencies
victim advocates
trained professionals who direct crime victims to emotional, psychological, or financial support
inalienable rights
things such as freedom of speech; they are guaranteed rights of the people; ensure the greatest good for the greatest number, making legislation prohibit certain behaviors
judicial activism occurs when
decisions are influenced by personal and political factorss
street crimes
involve a victim and offender in same place and time; includes things like homicide, rape, assault, etc.
property crime
crimes against property; more common than street crimes,including things like motor vehicle theft, burglary, and property theft.
why are property crimes most common?
because they do not usually involve a victim
victimless crimes
involve illegal behavior that does not affect another person, including prostitution, drug use, and gambling
white-collar crimes
are committed by occupational, corporate, or government professionals, including bribery, fraud, price fixing, and inside trading
cybercrimes
committed using a computer or computer networks, including network infiltration, viruses, etc.
terrorism
committed by subnational or extremist groups; targets noncombatants; has purpose of influencing an audience
two classifications of crimes are
mala in se and mala prohibita
mala in se
behavior that is immoral or inherently wrong by nature
mala prohibita
behavior that is prohibited by law
decriminalization
what is categorized as crime may change over time; things once considered crimes have reduced punishments or become legal
justifiable homicide
castle doctrine, “make my day” laws, self defense, defending others, and state-sanctioned executions (we do not have this in new jersey).
driving under the influence
increased criminalization, community organizations forming, such as MADD
crime control
offenders should be harshly punished to prevent crime; research shows crime control is ineffective
rehabilitation
cjs should care for and treat people who cannot take care of themselves; education, training, and social skills should be provided
due process
cjs must ensure all accused of crimes are treated fairly and equally; based on us constitution
restorative justice
cjs should repair the harm caused by criminal behavior; offenders should “pay” for their crimes
consensus model
everyone works together to achieve justice; there is general agreement about what behaviors are harmful to the majority of the public
conflict model
cjs reflects struggle between haves and have-nots; those with power define what is criminal
framing
presentations that simplify information
faulty criminal justice frame
crimes are committed because criminals feel they can get away with it
blocked opportunities frame
crime results from lack of legal or employment opportunities among offenders
social breakdown frame
crime is an obvious result of a breakdown in family and community
racist system frame
cjs, law enforcement, courts, and corrections, which are depicted as racists agents of oppression
violent media frame
crime is a result of the violence in television, movies, video games, and music
criminal justice
refers to the systems (law enforcement, courts, corrections)
criminology
refers to the study of the nature, extent, cause of criminal offending, and criminal victimization
why is crime measured? (4)
- reveals the extent and nature of crime
- evaluates the benefits of policy
- helps to identify groups that are suffering disproportionate amounts of victimization
- allows efficient and targeted assistance
how is crime measured?
- UCR: a program of the FBI that compiles national crime data
- SHR: supplements UCR’s data with extra details about homicides
- NIBRS: complex national data collection system that gathers incident-based crime info from law enforcement
- NCVS: nationally representative survey of victims
Uniform Crime Reporting (UCR) (5)
- collects from 17,000 agencies
- is broad, stable, and detailed
- denotes crime by part I and part II
- part I crimes: common and serious
- part II crimes: less common and less serious
Supplementary Homicide Reports
keeps detailed info on homicides: victim, offender, relationships between the two
national incident-based reporting system (NIBRS) (3)
- two major clusters of crimes
- group a: 22 crimes covering 46 offenses including homicide and robbery
- group b: 11 offenses such as loitering
hierarchy rule
only the most serious crime committed during an incident is counted
national crime statistics exchange (NCS-X)
coming bureau of justice statistics and federal bureau of investigation collaboration to produce nationally representative incident-based crime statistics
UCR is not entirely accurate because
of the hierarchy rule and dark figure of crime; crimes will go unreported if they are not the most serious crime committed by an offender or if they were not reported to law enforcement
national crime panel (5)
- commission by president johnson to identify causes and characteristics of crime
- concluded that even with ucr there was inadequate data available
- national crime survey
- commercial victimization survey
- in 1991, became the NCVS
dark figure of crime
crime unknown to the police or the UCR
national crime victimization survey (NCVS) (5)
- nationally representative survey of victims
- primary source of info about frequency, characteristics, and consequences of violence
- administered using two instruments
- benefits: identifies trends, not limited to reported crimes, high response rates
- limitations: limited age coverage, limited population coverage, sampling and nonsampling errors
series victimization
ongoing victimizations that are difficult to count, such as intimate partner violence
group that gets murdered at a higher rate
males
- typically by strangers, is more aggressive, often involved in violence
facts of fatal violence (3)
- generally intraracial
- mostly murders by acquaintances
- firearms used most frequently in fatal violence
simple assault
no or minor injuries, no weapons used, the most common form
aggravated assault
armed offender and/or serious injury to victim
robbery
theft + force, the attempt to steal and the attempt or use of force; committed against a person
violence is more frequently reported if the victim is
male rather than female
cybercrime
two main forms: advanced/high tect or cyber-enabled
creepware
computer hijacking malware
internet crime complaint center (IC3)
experienced large increase in complaints of cybercrime
measuring terrorism (3)
- hard to measure due to multifaceted attacks
- worldwide incident tracking system (WITS): FBI database of completed attacks, discontinued in 2012
- global terrorism database (GTD): database at university of maryland housing broader data on terrorism since about 1970
measuring white collar crime (4)
- data specific to corporate and occupational crimes are rare
- UCR offers little more than counts by types: fraud, forgery/counterfeiting, embezzlement
- NIBRS includes wider variety of behaviors
- national white collar crime center (NW3C)
fear and risk of victimization statistics (3)
- females are more fearful of victimizations than are males although their risk is lower
- differences in fear and risk based on income (poor are more fearful) and age (older more fearful)
- individual fear of crime increased following 9/11
crime multiplier
hearing about crime distorts perceptions of how common crime is and increases fear
theory in criminal justice (5)
- theory is tied to data
- data is used to test theory
- theory is fundamental in understanding criminal justice
- many theories are biological and psychological
- life course theories and general theories of crime are more popular than data-gathering techniques
judges have full immunity; this means
they cannot be sued or get in trouble for whatever decisions they make
“equal justice under the law”
- phrase inscribed on the front of the US SC in washington dc
- every person in the country, even those who are not citizens, are held to equal justice under the law
laws change according to
- societal norms
- cultural shifts
- technological advances
codes of conduct have been around for centuries
- code of hammurabi
- mosaic code of israelites
- roman twelve tables
age of enlightenment
new ways of thinking and reforms to the barbaric legal system before the french revolution in the late 18th century
trial by ordeal
primitive trial in which God was expected to protect the innocent; abolished in the age of enlightenment
cesare beccaria (5)
- the classical school
- wrote on crime and punishment
- emphasized rationalism, intellectualism, and humanitarianism
- believed in free will, logic, and rationality being central in decisions to commit crime
- promoted the idea of deterrence
specific deterrence
directed toward the individual offender to stop bad behavior. may be accomplished through restitution or incapacitation
incapacitation
incarceration; taken out of society to protect society
general deterrence
perceived negative consequences of being caught and thus, the threat of punishment will inhibit criminal behavior in all members of society
jeremy bentham (4)
- stressed rationality in the legal system and opposed brutal methods of punishments
- hedonistic calculus: people weigh the costs and benefits of their actions in order to maximize pleasure and minimize pain
- utilitarianism: greatest good for the greatest number
- panopticon prison design: served as a blueprint for current incarceration facilities
rule of law
mandates the application of known legal principles in governmental decision-making and establishes the premise that every citizen should obey laws
federalism
refers to how power and authority is divided to ensure federal, state, and local municipalities can function as one nation with shared responsibilities
goals of the law (5)
deterrence, retribution, restitution, rehabilitation, incapacitation
deterrence
law is created to deter people from committing crimes using the threat of punishment
retribution
offenders deserve to be punished for criminal behavior
restitution
repayment as part of a punishment for injury or loss
rehabilitation
means of providing education and treatment for offenders
incapacitation
isolates the offender from the public to protect the public
common law
- developed by case law from court decisions and opinions (and precedents, court decisions set precedents, based on the precedents set, we go forward with how we are going to enforce the law)
- these are applied to subsequent similar cases
constitutional law
- basis of all US law
- establishes the fundamental rules and relationships between judiciary, legislative, and executive branches at state and federal level
procedural law
determines how people are treated in the system
bill of rights
first ten amendments of the constitution
1) freedom of religion, speech, press, assembly, and petition
2) right to keep and bear arms in order to maintain well regulated militia
3) no quartering of soldiers
4) freedom from unreasonable searches and seizures
5) right to due process of law, freedom from self-incrimination, and double jeopardy
6) rights of accused persons, right to a speedy and public trial, right to a lawyer
7) right of trial by jury in civil cases
8) freedom from excessive bail, cruel and unusual punishments
9) other rights of the people
10) powers reserved to the states
substantive law
designates what conduct is considered criminal
statutory law
written and enacted by legislature
preemption doctrine
federal law is the “supreme law of the land” (federal law makes final decision on a case, so federal law can overrule state law)
marijuana status
prohibited by federal law; in new jersey, you are allowed to partake in recreational use of marijuana but there are age limits
gateway drug
a drug that leads to the use of more serious substancs
cole memo
outlined state guidelines for marijuana use (especially use by minors, DUI, and trafficking)
statutes
formal rules adopted by a governing body (state)
ordinances
municipal and city rules (ordinances in the state of NJ have money and revenue going to the town from the ticket offenders have to pay)
case law
based on previous court decisions
precedents
establishes prior case decisions as binding
stare decisis
latin for “let the decision stand”; principle that requires judges to respect precedent
landmark cases
cases that establish precedent which changes interpretation of a prior law
civil law (7)
- law that is between two people, civil disputes
- concerned with formal laws imposed by the state rather than moral laws
- addresses torts, estates, contracts, and property
- burden of proof is preponderance of the evidence
- small claims court
- compensatory damages
- punitive damages
small claims courts
limited jurisdiction to settle minor disputes below a certain dollar threshold
compensatory damages
money awarded for loss
punitive damages
money awarded as a punishment to the defendant
class action lawsuits
large number of victims
administrative laws
- derives from a legislative body’s delegation of authority to commissions or boards to regulate activities controlled by written statutes
three primary elements of crime
actus reus, mens rea, causations
actus reus
guilty act, the physical intent (no criminal intent, but still guilty of the act)
mens rea
guilty mind; criminal intent
concurrence
guilty act and mind must occur simultaneously
attendant circumstances
external factors
misdemeanor
less serious crimes punishable by fine, forfeiture, or short confinement (in NJ, called disorderly persons offense)
wobblers
felony crimes that may be reduced to a misdemeanor
felony
more serious and generally results in more severe punishments (in NJ, called indictable crime)
alibi
a claim that the defendant was not present at the scene and therefore could not be the person who committed the crime. witnesses may testify to support the defendant’s alibi
duress
a person who is forced or coerced into committing a crime may claim duress as an excuse for criminal liability. a person acting under duress must possess a reasonable fear of harm and the perceived harm must be death or serious bodily injury. use of duress is usually limited to situations in which someone threatens to kill you or another person if you fail to commit the crime
m’naghten standard
“right-wrong” test
durham test
determine if a mental defect was the reason for criminal behavior
irresistible impulse test
did mental disease prevent a person from controlling their behavior?
brawner rule
appreciating the difference between right and wrong
battered woman syndrome
developed to excuse or mitigate actions of women who kill their abusers
ex post facto laws
laws passed after a crime
victims rights amendment (vra) (6)
- right to fairness, respect, and dignity
- right to reasonable notice of and the right not to be excluded from public proceedings related to the offense
- right to be heard at any release, plea, and sentencing court session
- right to notification of release or escape of the accused
- right to due consideration of the crime victim’s safety and privacy
- right to restitution
intoxication defense
a defense attorney can argue that the accused was so drunk or high that they lacked the capacity to form mens rea
insanity defense
considering a defendant not guilty by reason of insanity is based on the belief that a select group of people who suffer from mental illness are unable to control their actions to such an extent that they cannot be held accountable for their crimes. insanity is a legal not medical term
borh
informal social unit of early policing (ended in 1066)
parish constable
policing agent for smaller towns, initially elected by parishioners
- unarmed, unpaid, and part-time
shire reeves
precursors to sheriffs
watchmen
used to protect property to larger communities in england and colonial america
- patrolled at night to protect community robberies, fires, and other disturbances
thief takers
hired by victims to capture offenders for a bounty; often corrupt
metropolitan police act of 1829 (5)
- act introduced by sir robert peel
- established london’s metropolitan police force
- beginning of modern public policing
- bobbies or peelers: officers that replaced existing and corrupt system of parish constables and night watchmen
- peelian principles: widely cited list of describing peel’s alleged philosophy
colonial america policing (3)
- resembled english system
- preference for minimal, local policing
- formalized positions, appointed by governors and held by large landowners to protect their own lands
colonial sheriff’s responsibilities (3)
- capturing criminals, serving subpoenas, supervising elections, dealing with religious nonconformists, collecting taxes
- policed reactively
- paid fees based on tasks performed
vigilantes
performed law enforcement duties with no legal authority
slave patrols (1704)
3 to 6 white men who regulated slave behavior and hunted escapees
fugitive slave law of 1850
passed by the US congress and created the need for slave patrols, which fell to police
entrapment
encouragement to commit the crime or make someone do something they would not normally do (typically by law enforcement)
father of american policing
august vollmer
august vollmer (7)
- argued for the use of science, technology, education, and professionalism
- implemented code of ethics for officers
- outlawed third degree (brutalizing individuals to gather info)
- responsible for adoptions of many innovative policing technologies (radios, alarms, patrol on bikes)
- centralized police record system
- modus operandi (system to classify offenders and crimes, which facilitated the identification of crime patterns)
- scientific analysis of evidence (blood, fibers, soil)
lucy gray
1880s LA police matron, aided children and women who were victims or offenders
police matrons
title frequently given to women working in the early days of policing
marie owens
first woman to perform police duties in Chicago in 1893
lola baldwin
given temporary assignment in 1905 with the portland, oregon department of public safety for the protection of young girls and women
alice stebbins well
1910, first full time paid police woman with arrest powers in LA
georgia robinson
first female black officer in 1916 in LA
elizabeth coffal & betty blankenship
1968, indianapolis police officers were the first women to receive uniforms, gun belts, and a marked police car
gail cobb
black female officer, the first woman killed in the line of duty 1964
black police officers
robert william steward, roy green, wiley overton, samuel battle
- julius boyd loving: LA deputy that became the father of jail programs in 1899
george garcia
first hispanic officer appointed in nyc
canine officers (3)
- public sentiment regarding police dogs is positive
- offer effective non-lethal method of deterring and detecting crime
- used to search buildings, areas for bombs, evidence, narcotics, chemicals, illegally taken game, and human remains
knapp commission
- more than half of the police officers in the NYPD engaged in corruption
rotten apple theory
idea that corruption can be traced to just a few bad officers, rejected by the knapp commission
grass eaters
passive participants, accepting bribery and corruption and those who knew but chose not to act
meat eaters
actively involved in corruption
police officers are ______ of the criminal justice system
gatekeepers (they start the cjs, without police officers you cannot have the cjs)
patrol (3)
- responsible for preventing crime, apprehending suspects, and assisting community members
- reactive policing is generally a response for a call for service rather than a self-initiated action
- proactive policing efforts involve crime prevention activities
duties of patrol (8)
- maintaining police presence, ensuring public order, providing help to individuals who may need assistance
- finding lost children, directing traffic, issuing tickets
- chasing fleeing felons
- responding to criminal events
investigation (3)
- detectives and higher ranking officers fulfill this role
- often prorated and may require testing and interviewing
- undercover work type of special assignment
command (4)
- top officer is chief of police
- strong leadership is essential to establishing respect and high level organization
- tasked with negotiating and intervening in difficult situations
- usually appointed by mayor or city council
key aspects of policing subculture
- secrecy, group solidarity, violence, cynicism, masculinity, isolation
- high blood pressure and stress for officers
corruption
abuse of authority
misconduct
breach of department policy
______ officers more likely to use force
male
community policing (4)
- style/philosophy that adopts proactive measures and community components
- partnerships
- organizational transformation (requires structure of management, personnel, and information systems that supports the community partners and proactive initiatives)
- problem solving (promotes systematic examinations of crime related issues to provide for effective response)
_________ officers more likely to use communication to deescalate
female
SARA model
scan, analysis, response, and assessment model
broken windows theory
social disorder of neglected neighborhoods leads to increased crime rate
routine activity theory
cohen and felson’s theory that posits that the convergence in space and time of motivated offenders, suitable targets, and the absence of capable guardians increases the risk of criminal incidents
hot spots
specific geographical locations identified as high crime areas
zero tolerance
a policing approach that focuses enforcement efforts on quality-of-life issues such as disorder and minor crime. enforcement efforts are applied to low-level crimes and minor infraction in specific neighborhoods
principles of procedural justice (4)
- citizens need to be given a voice in the process to tell their side of events to officers
- officers must be neutral
- people want to be treated with dignity and politeness
- people react favorably to officers when they view them as trustworthy and caring
officers are trained to use the appropriate level of force given __________________
the totality of the circumstances
continuum of force
amount of force used in an arrest depends on the suspect’s demeanor, weapons, and level of compliance (comply whether you are right or wrong and less force will likely be used)
tennessee v. garner (1985)
supreme court ruled that the use of deadly force is appropriate in the pursuit of a fleeing suspect only to prevent escape if probable cause exists to believe that the suspect poses a significant threat that endangers officers or others
________ and __________ are more likely to be killed by law enforcement
native americans, blacks
racial profiliing
occurs when an officer questions or investigates an individual based on race, ethnicity, religion, or national origin
mandatory arrest policies
limits police discretion in certain circumstances, mostly in domestic violence cases
copLink
tactical lead generation, crime analysis, and information sharing among various levels of law enforcement
high-activity location observation cameras
remote-controlled cameras allowing observation of areas of interest
non lethal force
type of force (including weapons) that provides viable options for dealing with resisting subjects
– includes pepper spray, rubber bullets, and other less-than-lethal weapons
tasers
conductive energy device or electronic control device; controls suspects and protects officers from injury
military drones
increasingly used as possible crime-fighting tools
rule of law
- fundamental principle of the cjs
- based on the belief that all government officers pledge to uphold and follow the constitution
- law enforcement must follow the rule of law to maintain legitimacy and trust
weeks v. united states (1914)
- court unanimously ruled that repeated warrantless searches of Week’s home and seizure of private possession violated his rights under the fourth amendment
- set the precedent for future court decisions by ruling that warrantless seizure of property from a private home is violation of fourth amendment
due process
rules designed to protect private rights found in the fifth and fourteenth amendments
- fifth: guarantees federal due process
- fourteenth: guarantees state due process
- guarantees against double jeopardy, ensures proper arrest procedures, the right to remain silent, right to not be subject to unreasonable search and seizures, and the right to an attorney
miranda rights must be read during a ___________. miranda rights do not have to be read during just a(n) ______________.
- custodial interrogation (arrest + interrogation)
- arrest
probable cause
- standard established by criminal law to make an arrest, obtain a warrant, or conduct a search
reasonable suspicion
- like probable cause, is an objective measure, but based on minimal or no evidence
terry v. ohio (1968)
ruled that an officer might stop and frisk a person based on reasonable suspicion
stop and frisk
- frisk = pat down
- cannot pat down and search together
- stop and pat down, feel for weapons or drugs
sibron v. new york (1968)
ruled that mere observation of sibron speaking to drug addicts without hearing any of his conversations with the addicts failed to provide probable cause for a warrantless search
peters v. new york (1968)
officer gave chase to the suspect after observing him sneaking around an apartment building. officer pat down the suspect and found burglary tool. court upheld the legality of the stop and frisk (there was probable cause)
adams v. williams (1972)
ruled reasonable cause for a stop and frisk may be based on information supplied by another person person, such as a police informant
alabama v. white (1995)
court decided an anonymous tip to police provided reasonable suspicion for a terry stop
florida v. jl (2000)
debated a firearms exception to terry v. ohio. courts refused to recognize this exception because such a ruling could prompt false anonymous tips to law enforcement and promote harassment of innocent people
mapp v. ohio (1961)
found evidence obtained in the midst of unreasonable search and seizure may not be used in criminal prosecution in state courts
united states v. leon (1984)
found the need for a good faith exception to the exclusionary rule
inevitable discovery
the police with or without a warrant would have discovered the evidence and therefore, it is admissible in court
fruit of the poisonous tree doctrine
- any evidence obtained during an illegal search would be disallowed at trial
- modified mapp decision and now allowed for an inevitable discovery rule and good faith exceptions
katz v. united states (1967)
charles katz used public payphones to engage in illegal gambling across the united states. katz argued that this phone tapping was a violation of fourth amendment rights.
- court determined that a search is a search when the state violates a reasonable expectation of privacy, which in the case of a phone applied because a person expects to conduct a private conversation
california v. greenwood (1988)
laguna beach police department suspected billy greenwood of drug trafficking. officers searches his trash and found enough information to create a search warrant for his house.
- supreme court ruled that no warrant was necessary to search trash, because everyone realizes that garbage is readily accessible to members of the public
- can’t search trash in nj
technology changed law enforcement by making it easier to
monitor activities and behaviors
first revolution of technology in cjs included
telephone, two way radio, and the car
current revolution of technology in the cjs includes
record management systems, automated fingerprint identification system, computer assisted dispatch, less than lethal force technologies, gunshot location technology, body cameras
in most cases, court has determined that canine sniffs _____________ under the fourth amendment
are allowed
warrants (3)
- fourth amendment requires a warrant before police can conduct a search, with some exceptions
- key to obtaining a warrant is probable cause
- most search warrants are executed during the day and require police to identify themselves
knock and announce warrants
commonly used by law enforcement, requires warrant to be executed during the day and for the police to knock, identify themselves as the police, and wait a reasonable time for an answer before entering
no knock warrants
allow officers to enter the house forcibly without identifying themselves as law enforcement
consent
exception to a warrant, agreement must be made without coercion such as a threat to arrest (do not need warrant if you have consent, often read miranda rights here for informed consent)
plain view
do not need a warrant; police can seize illegal materials or evidence without a warrant if an officer enters a house and sees illegal contraband in plain view
exigent circumstances
emergency circumstances, narrowly defined by the Court as escape, harm to the officer or others, and destruction of evidence
incident of a lawful arrest
allows law enforcement to search any person without a warrant once that person is lawfully arrested
automobiles exception
should police have probable cause to believe the vehicle contains contraband, fruits of a crime, evidence, and/or instrumentalities of a crime, the vehicle can be searched
suspicionless search
based on place and reasonable potential of wrongdoing
emergency doctrine
warrant is not needed if danger or destruction of evidence is imminent
regulatory searches
no warrant is needed for searches by government officials such as health inspection of a restaurant, a vehicle crossing borders, an airport screening or fire inspection
arrest
a person is under arrest when a reasonable person believes he/she is not free to leave
- courts are still unclear if the words “you are under arrest” are necessary and sufficient
- a lawful arrest entails taking a person into legal custody either under a valid warrant or based on probable cause the person committed the crime
miranda v. arizona (1966)
supreme court overturned the conviction of ernesto miranda because he had not been informed of his fifth amendment right against self-incrimination and his sixth amendment right guaranteeing an attorney. ruled in the the establishment of guidelines that must be followed when informing a suspect of their rights
harris v. new york (1971)
defendants could be impeached based on statements made before they were mirandized; evidence obtained in a violation of a defendant’s rights cannot be admitted against him at trial to obtain is conviction
berghuis v. thompkins (2010)
defendants who have been mirandized, understood the warning, and did not waive the rights must explicitly declare before or during an interrogation that they wish to remain silent and not speak to the police for protection against self-incrimination. anything said prior to this declaration can be used against them
escobedo v. illinois (1964)
ruled that escobedo’s sixth amendment right to counsel was violated by police when they refused to give access to an attorney
miranda rights
- have to be read during custodial interrogation
- need to mirandize people when searching their property before getting their consent (informed consent)
- DO NOT need to mirandize if arresting and not interrogating
crime triangle
also referred to as the problem analysis triangle, a strategy that focuses on immediate concerns present in the environment in order to confront difficult issues
judicial review
allow higher courts to review the decisions of lower courts; gives supreme court authority over constitutionality of law
judges decide cases based on
- strict interpretation of the constitution (what the words literally say)
- interpretation of the document within the context of historical, societal, and technological events
judicial activism
variation from the clear meaning of the text, allowing for broad interpretation
brown v. board of education (1954)
- overturns precedent set by plessy v. ferguson (separate but equal)
- judges in the case were seen by some as interpreting laws to further social agenda
- ruling ended state-sanctioned racial segregation on the account that its presence in schools violated the equal protection clauses of the fourteenth amendment
dual court system
separate system for federal and state levels
- federal law in almost all cases trumps state law
- supreme courts interpret and decide constitutional issue arising from each of the sovereignties, unless a federal issue is involved
writ of certiorari
order to send documents from a lower court to an appellate court for review
jurisdiction
refers to a court’s authority to hear certain types of cases
- federal courts will not hear cases involving state laws unless the laws conflict or the issue is appealed as a constitutional matter
us supreme court
- highest court in the federal system
- established by the judiciary act of 1798
- consists of one chief justice and eight associate justices
- each justice appointed by the president
- lifetime appointment for each justice
- great deal of discretion in cases heard
en banc
cases heard by the full court
state courts
structures vary, but follow a pattern similar to federal system, including a supreme court, intermediate appellate court, and trial courts
state appellate courts
- intermediate courts between trial courts and state supreme courts
- make determinations on all filed cases (many filed pro se)
- number of judges serving varies from state to state (most common is three judge panel)
trial courts
may be general or limited jurisdiction
pro se
without legal representation
indictment
results from grand juries that are assembled to hear evidence deciding whether or not a person should be charged with an offense
information
formal accusation issued by prosecutor
federal felony case flow (4)
- us attorney presents evidence to grand jury
- if charged - arraignment, then appeal (if filed)
- court of appeals reviews for legal errors only
- if a constitutional issues exists, possible petition for SCOTUS to hear the case
state case flow (4)
- usually begins at state district court
- convicted defendants may appeal if the judge made a procedural error
- if a prejudicial error was made, appellate court may reverse and remand the case
- if constitutional issue is involved, case may proceed to state supreme court of SCOTUS
“justice delayed is justice denied”
- common theme in legal jurisprudence
- courts face enormous caseloads that often impeded processing (we are locking too many people up, too many charges, too many cases we cannot handle)
federal speedy trial act
- in 1974, act that requires those charged with crime be indicted within 30 days and trial occurs within 70 days
- some people waive this right to a speedy trial
delays of a trial
- many waive right to a speedy trial
- can be waiting on lab results for evidence, more time to build case
- longer delay means less accuracy for witnesses and testimonies
- can be in the best interest to waive right of speedy trial
specialized courts
courts for specific offenses - drug courts, domestic violence courts, family courts
domestic violence court
two goals
- victim safety
- offender accountability
role of judges (6)
- responsible for functioning of the courtroom in hearings and trials
- determine appropriate conduct, what evidence may be introduced, and correct procedures
- bench trials
- oversee trial proceedings
- sentencing
- double jeopardy and appeals
bench trials
judges hear the evidence without a jury present and make a ruling on guilt or innocence (municipal court level)
missouri plan
also called the merit selection system, it is a process to elect judges that attempts to eliminate politices
