Criminal Justice Chapters 4 to 8

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Criminal Justice Chapters 4 to 8
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  1. Chapter 4 The London Metropolitan Police

    -Parliament passes the London Metropolitan Police Act in 1829
    -Established first full-time paid police force
    -Sir Robert Peel known as the ‘Father of Modern Policing’
    -Peel’s officers called ‘Bobbies’
    • Contemporary Policing
    • Early American police modeled after the London Metropolitan Police
    • A distinct characteristic of American policing is that thousands of police agencies have their own jurisdiction
    • The jurisdiction of policing can be divided into: Federal Agencies, State Police Agencies, Local police
    • Jurisdictions are determined by which govt body exercises authority over the agency
    • different court systems for each level of crime as well as different rules of evidence
    • each agency has its own: chief administrator, headquarters, rules and regulations, jurisdiction, and training standards
  2. Federal Jurisdiction and Police Powers
    -enforces only federal laws
    -Three different types of federal agencies: Military Police(each four branches of military service has adopted its own unique strategy for providing police services, conducting criminal investigations, and maintaining order, each has its own court and correctional institution, based on Uniform Code of Military Justice, not state or fed laws), Native American Tribal Police (jurisidiction of each agency is not easily defined), Civilian Police – 130 Federal Agencies FBI, DEA, BATF, US Marshals(one of the first fed law enforcement agencies established by the Judiciary Act of 1789, duties tend to be limited compared to FBI or DEA but performs duties like moving and custody of federal prisoners, capture of escaped federal inmates, protection of witnesses), US Secret Service(protects president and family, vice president and family, former presidents and family, major presidential and vice presidential candidates), US Border Patrol, CIA (prohibited by law from conducting any operations on American soil other than those that are administrative, rest is handled by FBI), IRS, National Park Service, National Forest Service, Fish and Wildlife, Air Marshalls, Postal Inspection Service
    • State Police
    • Highway patrols focus on traffic enforcement and safety, limited to enforcing traffic laws and promoting safety on the interstate highways and primary and secondary roads
    • Investigate criminal activities, especially in municipalities or counties that do not have their police agencies.
    • 49 State Police Agencies
    • legal jurisdiction is determined by legislation
    • focuses on state wide crimes or occuring in more than one jurisdiction
    • divided into: traffic, general criminal investigations, special investigations
  3. County Law Enforcement
    -Oldest policing authority in the United States
    -Sheriff is chief law enforcement officer of a county
    -Typically elected to a four-year term
    -Responsibilities may include: law enforcement, court service and protection, and jail operations
    -slowly dying except in deep south and west coast
    -state prisons = felony, county=less serious or waiting for trial
    • Local Police
    • Most visible with over 12,000 municipal police departments
    • Chief of Police appointed by a mayor, city council, or a police commission
    • Chief does not have civil service job protection
    • Police budget is one of a city's largest expenses, 90% personale, 10% equipment, largest dept has budget that exceeds $300 million
    • only city polic have jurisdiction over traffic violations within city
    • car stolen in city = city police, car leaves city = county police, car leaves state = FBI
    • robber within city limits = city police, robber goes on highway = state police, bank roberry is fed crime = FBI
  4. Special Police
    -Special police have limited jurisdiction both in geographic and police powers
    -Includes: airport police, park police, transit police, public school police, college and university police, public housing police, game wardens
    • Selection of Police Officers
    • Police applicants are examined on:
    • Written test
    • Screened for criminal and driving records
    • Physical agility test
    • Medical & psychological examination
    • Drug screen testing
    • Polygraph (in some states)
  5. Selection of Police Officers
    -Those passing selection process attend a ‘police academy’ for up to 1,100 hours of training
    -After graduation recruits are assigned to a ‘field-training program’ up to 1 year on a probationary period
    -full time officers stay with police dept for life
    • Policing Strategies
    • Community Policing(police asking public how they would like crime handled):
    • Focus on decentralized strategies that promote crime prevention rather than rapid response
    • Focus on promoting the quality of life in a community rather than solely law enforcement
    • Use of alternatives other than arrest and force to solve the cause of problems
    • Often combined with Problem-Oriented Policing
    • Police strategies reflect a dept's values which reflects community values
    • Broken Window Theory - if lots of crime is seen going on, more crime will happen
  6. Policing Strategies
    Problem-Oriented:
    -Increase effectiveness by attacking underlying problems that cause incidents that consume patrol time
    -Relies on expertise of line officers to study problems and develop solutions
    -Closer involvement with public to ensure the police are addressing their needs
    • Future of Community Policing
    • Effectiveness is still not well documented
    • Popular with the public
    • May have little impact on crime rates
    • Does reduce citizen’s fear of crime
  7. Chapter 5 - Police and the Law
    Rules of Evidence

    Police procedure is guided by rules defining what is legal evidence admissible in a court of law.
    • The Exclusionary Rule (prohibits police from collecting direct or indirect evidence without a search warrant, consent or probable cause)
    • Prohibits the use of evidence or testimony obtained in violation of the Fourth and Fifth Amendments of the U.S. Constitution.
    • Established by Weeks v. United States (1914) - punish police when they violate people's rights, if the police screw up the evidence is not admissible in court
    • Applied to states by Mapp v. Ohio (1961) - states now have to follow exclusionary rule, not just fed govt
    • Fruit of Poisoned Tree Doctrine - rules of evidence applies to evidence directly obtained by illegal means and other evidence obtained indirectly (Silverthrone Lumber Co. v. US)
  8. The Fourth Amendment states:
    “The right of the people to be
    secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not
    be violated, and no warrants shall issue, but upon probable cause…”
    • Search with a Warrant
    • Police detect suspicious activity
    • Police present probable cause evidence to a judge
    • Warrant must be approved by the judge, if denied can reapply with more evidence
    • If police execute the warrant properly, evidence is then admissible
  9. Exceptions to the Warrant Requirement
    -Search Incident to Lawful Arrest (limited to areas in immediate control of person = within arms reach, person, rooms occupied)
    -Plain-View Searches(evidence in plain view admissible, officers have to legally be there)
    -Consent to Search
    -Search of Automobiles(officer has to have probable cause and recent evidence)
    -Search of Persons: “Terry Frisk”(pat down)
    -The Public Safety Exception(police can search without warrant, places that person man have hidden firearm)
    -The Good Faith Exception(evidence is admissible, some sort of error led to wrongful searches)
    • Arrest
    • Procedural laws also govern arrests made by police and define false arrest
    • Officers can initiate arrest if: have warrant, observe crime, under exigent circumstances (evidence destroyed or suspect fleeing), probable cause
  10. Interrogations and Confessions
    -In defining admissible testimony, rules of evidence also reflect case law relating to the Fifth Amendment
    -Confessions inadmissible if obtained by use of force or threats, or without right to attorney, have to be voluntary
    • Miranda Rights
    • Miranda v. Arizona (1966)
    • The court issued an opinion in which it summarized all of the rights (the Miranda rights) of a citizen during police arrest and interrogation
    • If police obtain confession without interrogation, it is admissible
    • If you are not under arrest but are questioned, you do not have to be advised Miranda
    • If you are arrested but you are not being questioned about the crime, you do not have to be advised Miranda
  11. Figure 5.4 – The Miranda Rights

    You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning. If you cannot afford a lawyer, one will be provided for you at government expense
    • Police Lineups
    • Lineups must be fair, and must meet the following requirements: 1.Suspect has right to presence of attorney 2.A lineup must contain suspects who are similar and match the description given by the witness
    • 3.A lineup must contain actual suspects and not police personnel masquerading as suspect 4.A lineup must contain persons who are known to the police not to be capable of being the offender
  12. Deadly Force
    -Tennessee v. Garner (1985) changed the “fleeing felon rule” - prohibits using deadly force as means to stop a fleeing suspect
    -Deadly Force restricted to situations where the lives of officers or a citizen are at serious risk
    -If suspects murders in front of officers and throws down weapon, he is no longer an immediate threat to community and the use of deadly force is unreasonable violation of constitutional rights
    • Chapter 6: The Court System
    • The Role of the Judicial System
    • The United States has a dual system of courts, federal and state, which adjudicate criminal and civil cases.
    • Jurisprudence - philosophy of law
    • Each state organizes its own court system to settle legal disputes and criminal matters that violate the state constitution or state or local ordinances. Most states have a four-tier system, which includes courts of limited jurisdiction, courts of general jurisdiction, courts of intermediate appellate jurisdiction, and courts of last resort
  13. Civil Law vs. Criminal Law
    -Civil Law(burden of proof = "preponderance of the evidence): 1.Redress for harm done to another that is not criminal 2.Contract law regulating the many and varied legal transaction (inheritance, real/personal property, business organizations, and negotiable instruments
    -Criminal Law(burden of proof = "beyond a reasonable doubt"): Federal or state laws controlling
    behavior which have penalties. Can be: 1. Prosecuted by the government in a criminal court 2. Sued in civil court by the person who was harmed
    -O.J.Simpson case
    • Civil Law vs. Criminal Law
    • Civil Law: Tort (private wrongs that cause physical harm) or private wrong. Must be
    • initiated by private parties.
    • Punishments include fines, or agreement to pay the defendant for injuries or damages--Cannot be sentenced to jail or executed
    • Civil Cases are named after the
    • last names of the two parties (Smith v. Jones)
    • Criminal Law: Initiated by the criminal justice system
    • Punishments can include fines, prison sentences, and even execution
    • In a Criminal Case, the government is the prosecutor, and the defendant is the name of the person being accused of the crime (State v. Smith)

  14. over 100 federal courts, 13 federal judicial circuts

    US Magistrate Court = misdeameanor
    Trial Courts of General Jurisdiction = felony
    Courts of Limited Jurisdiction = misdemeanor
    • United States Magistrate Courts
    • Federal lowest courts
    • Limited powers—try mostly lesser misdemeanors, set bail, assist district courts in various legal matters
    • Created by the Federal Magistrate’s Act of 1968
    • Prisoner litigation (habeas corpus and civil rights appeals), bail review, detention hearings, arraignments, prelimnary examinations, initial appearance hearings, issues with search warrants and arrest warrants, tries Class A misdemeanors and petty offenses
  15. United State District Courts
    -Trial courts of the federal system
    - trial Courts of original jurisdiction decide guilt and punishment for all the federal trials in the 50 states
    -Hear both civil and criminal cases, but the majority are civil
    -Homicide, treason, copyright infringements, traffic offenses on federal property, reservations(special courts can be broken down specifically), etc
    -95 district courts in US
    • United States Courts of Appeals
    • The right of appeal applies to both civil and criminal cases
    • Criminal appeals to this court must be based on the claim that the defendant was denied a fair trial or that the law the defendant was convicted of violating was unconstitutional
    • Defendants cannot appeal on the grounds that they are innocent
    • 13 circuit courts, 4 are west of Mississippi River
    • United States Supreme Court
    • The highest court in the American judicial system
    • A decision by this court is final and cannot be overruled by Congress
    • Legal mediator for lawsuits between states and between the US and foreign countries
    • Final authority for legal opinions binding on the federal and state governments
    • Must review case if : fed court held act of Congress unconstitutional, appeals court found state statute unconstitutional, state's highest court of appeals ruled fed law unconstitutional, individual's challenge to state statute on fed constitution grounds is upheld by state's highest courts of appeals
  16. State Court Systems
    -State courts have jurisdiction to settle legal disputes and criminal matters for violation of state or criminal
    ordinances.
    • State Court System
    • Courts of Last Resort –i.e., Massachusetts Supreme Judicial Court
    • Appellate Courts–i.e., Massachusetts Appeals Court
    • Courts of General Jurisdiction –i.e., Massachusetts Trial court
    • Courts of Limited Jurisdiction –i.e., Juvenile Court, Housing, Probate
  17. Chapter 7: Courtroom Participants and the Trial
    -less than 10% of defendents who are arrested go to trial
    -if the crime is in violation of both federal and state laws, it is not considered double jeopardy to try the defendent in fed and state court
    • Determining the Charges: The Police and Prosecutor
    • The police and the prosecutor must work together to bring charges against the defendant
    • This requirement acts as checks and balances against abuse of power
    • The fact that the police have arrested the suspect is no guarantee that the prosecutor will see the same
    • merit in the case as the police—the prosecutor will review the police reports and decide if he/she would like to proceed with the case
    • Prosecutorial discretion - power of prosecutor to drop charges, add charges, or reduce charges that are alleged by police
    • Checks and balances against police and prosecutorial power are provided by the initial screening of the first appearance and preliminary hearing
  18. Bail

    -Eighth Amendment of the Constitution recognized the concept of bail

    -Excessive Bail

    -Denial of Bail –1984 bail Reform Act

    -Defendant will not be incarcerated prior to conviction unless absolutely necessary for public safety
    -Bail - is a system of pretrial release of the accused in a criminal proceeding based on a gurantee by the accused that the accused will appear in court as required
    Competency to Stand Trial and the Insanity Defense

    Before defendants can stand trial, the court must assess their competence to assist the attorney in their defense and to understand the charges against them.

    The claim of insanity is an affirmative defense that must be made prior to the trial
  19. Types of Pleas

    -Guilty (Over 90% of defendants plead guilty)

    -Not Guilty

    -Nolo Contendere (no contest) - your not admitting guilt but there is enough evidence to show guilt
    Plea Bargaining

    • Important mechanism for disposing of cases
    • Over 90% of defendants plead guilty
    • Can center on the charges or on the sentence
    • The prosecutor has broad discretion to plea bargain
  20. Plea Bargaining

    -The prosecutor is generally free to weigh competing alternatives and factors, such as: ØThe seriousness of the crime ØAttitude of the victim ØPolice report of the incident ØApplicable sentencing provisions ØThe defendant's prior record and age ØThe type, strength and admissibility of evidence
    • Preparation for the Criminal Trial
    • A criminal case that goes to trial must assure the defendant the right to a speedy trial and legal counsel(requirement for prosecution).
    • It must follow specific rules of evidence, and proceed with judge, prosecutor, and jury.
    • Statute of limitations - length of time between the discovery of the crime and the arrest
    • Klopher v. North Carolina - right to speedy trial was extended to state courts
    • Barber v. Wingo - defendant's failure to demand a speedy trial does not amount to a waiver of the 6th Amendment right
    • Speedy Trial Act of 1974 - required a specific deadline between arrest and trial in fed cases, no lenience given to prosecutor
    • Rules of Evidence - defines how trial will be conducted, how evidence will be introduced, how parties to trial will act, and order of the proceedings
  21. Pretrial Motions

    Motion for Continuance(delay start of trial)

    Motion for Discovery(prosecutor gives all evidence and witnesses)

    Motion for Change of Venue (move trial to another courtroom, same jurisdiction)

    Motion for Suppression(exclude certain evidence)

    Motion for a Bill of Particulars(requesting details, how much drugs, what drugs, when did he deal)

    Motions for Severance of Charges of Defendants(tried for each charge separately, each defendant charged separately)

    Motion for Dismissal(charges to be dismissed)
    • Key Participants in a Criminal Trial
    • Judge - neutral party
    • Prosecutor
    • Defense Attorney
    • Jury
    • Defendant
    • Lay Witnesses - what they saw, heard, directly experienced, cannot provide testimony to the motivation of defendant
    • Contempt of Court - judge charges violator of courtroom rules
    • Any criminal trial in which the maximum punishment exceeds 6 months in prison, the defendant is entitled to a jury trial and the right to be represented by an attorney
  22. The Criminal Trial

    A criminal trial consists of jury selection, presentation of evidence and witnesses, and the closing arguments
    and verdict.

    Directed Verdict - prosecution doesn't present enough evidence and defense asks for dismissal

    Jury can ask for legal clarification, not evidence clarification
    The Criminal Trial

    • Trial Initiation
    • ØJury Selection
    • ØVoir Dire, Cause and Peremptory Challenge

    • Presentation of Evidence and Witnesses
    • ØOpening Statements
    • ØThe State’s Case against the Defendant
    • ØThe Defense’s Case

    • Post Argument Activities
    • ØCharge to the Jury
    • ØJury Deliberations
    • ØThe Verdict
    • ØAppeals
  23. Chapter 8 - Sentencing
    Purpose of Criminal Sanctions

    -There are various different reasons for punishment
    -People have many conflicting opinions as to the purpose of punishment
    -Over a million sentences are handed down by judges annually
    -Our criminal justice system does not reflect a consistent approach to sentencing
    • Contemporary Philosophies for Punishment
    • 1.Deterrence

    2.Incapacitation

    3.Retribution

    4.Rehabilitation

    5.Restorative Justice
  24. 1. Deterrence
    Punishment should prevent the criminal from reoffending
    -Effective with law-abiding citizens
    -Corporal Punishment
    -Specific Deterrence(prevent offenders from reoffending)
    -General Deterrence(prevent nonoffender from committing crimes)
    -Sterilization

    Little cost, simple to administer, assumes free will model of criminal behavior
    • 2. Incapacitation
    • The only way to prevent criminals from reoffending is to remove them permanently from society

    • -Banishment (in time where protection and support of group were key to survival)
    • -Transportation (Guantanmo Bay, Cuba)
    • -Imprisonment, ‘Warehousing’or ‘Lock and Feed’(primary purpose of sentencing is to separate the offender from the public for as long as possible)
    • -Confinscating of cars for DUI
    • -Taking property and valuables (wealth) of drug dealers
    • -Death Penalty
    • -Effective if offender is removed from society, long term incarceration is expensive, provides little rehabilitation or help with re-entry
  25. 3. Retribution
    Criminals should be punished because they
    deserve it, "repays" offender with like punishment, satisfies desire of victim for revenge
    -‘Just desserts’ (because you deserve it)
    -‘Get-tough’ era of sentencing (eye for an eye)
    -19th and 20th century prison officials favored harsh
    prison conditions
    -The public expects prisoners to be punished
    -Emotional satisfaction for survivors and victims, no rehabilitation, intentional pain on prisoners is prohibited, death penalty is expensive
    • 4. Rehabilitation("cure" the offender)
    • §Criminals can be “cured” of their problems and criminality to be returned to society
    • §Views criminality as a disease to be cured
    • §Most believe this is not working given a high rate of recidivism
    • §Most rehabilitation today focuses on juveniles
    • -Psychology, medical treatment, drug treatment, self-esteem counseling, eduction, and programs aimed at developing ethical values and work skills
    • -Emphasizes re-entry and rehabilitation, offender seems to receive benefits while the victim is ignored
  26. 5. Restorative Justice("heal" the community and conflict resolution)
    Focuses more on victims rather than the
    offenders. Rehabilitation is often criticized for forgetting the victim
    -Offender should be made to provide some contribution to the community
    -Sentences require restitution to the victim
    -Community service imposed in about 5% of all cases
    -Advocates needs of victim must also be central
    -Uses restitution, community work programs, victim-offender mediation, and other strategies to rehabilitate offender and address damage done to community and victim
    -Promotes public safety and restores offenders to community, involves difficult and long process, better results in small close communities
    Insanity Defense

    • -Insanity Defense Reform Act of 1984
    • Defendant must undergo a ‘civil commitment examination’
    • Determines whether defendant should be released or confined to an institution
    • -State Courts
    • ‘Guilty but mentally ill’
    • Jury can find defendant mentally ill, but still commit to a state prison
  27. Presentence Investigation Report

    -Information gathered about a convicted
    person

    -Used by the judge to determine the best
    sentence

    -Gathered by probation or parole officer to include:
    employment history, family relations, reputation in community, prior convictions

    -Extent of harm to others as a result of current crime
    Victim Impact Statements

    Victims can influence the judge’s sentencing

    Civil Rights advocates consider the statements to be prejudicial and biased

    Supporters argue that the harm and suffering of a victim is an appropriate factor for determining the sentence

    Defendants are punished for what they did regardless of the victim
  28. Sentencing Models

    There are two models that govern the practice of sentencing by judges:
    1. Indeterminate sentencing
    2. Determinate)sentencing

    -Fines, imprisonment, probation

    -Presumptive Sentencing - extremely specific sentence guidelines based on the "primary" offense and then increased or decreased by the presence of mitigating or aggravating factors
    -Goal is to provide fair and unbiased sentences
    -Court ruled unconstitutional, only constitutional when considered advisory for the judge
    1. Indeterminate Sentencing

    • Sentence may range from 1 to 20 years
    • Gives judge more latitude and flexibility
    • Prisoner’s behavior and progress toward rehabilitation affect release date
    • Legislation provides very broad range for crimes and jury decides the sentence based on individual circumstance
    • Allows adjustment of length of sentence
    • Can result in intentional or unintentional discrimination
    • Sentences may vary widely from judge to judge
  29. 2. Determinate Sentencing

    -Offender is sentenced to a fixed term of incarceration

    -Also called ‘flat sentences’ or ‘fixed sentences’

    -Proponents claim this sentencing format eliminates discrimination in sentencing

    -Legislation mandates range, judge decides sentence within range

    -Sentence is reduced if : 1st offense, youthful offender, cooperation

    -Ensures equal sentence for same crime

    -Range of sentence is not based on research regarding effectiveness or appropriateness of sentence range
    • Mandatory Sentencing
    • -A strict application of full sentences
    • -Favored by public who believe offenders get off ‘too easy’
    • -Sentencing not left to the judge’s discretion For example, if the law calls for 2 year sentence for a crime involving a firearm, defendant must serve the 2 years
    • -Legislation provides fixed sentence
    • -No discretion for individual circumstances
  30. Habitual Offender Laws

    -Punishes repeat offenders more severely

    -Three strikes-and-out law originated in California

    -Critics believe this creates situations where offenders are receiving disproportionately long prison terms for minor felonies

    -Legislation specifies specific period of incarceration, applied only to repeat offenders

    -Provides public with sense of public safety

    -Can be very expensive with little impact on rehabilitation or release of the offender
    Truth in Sentencing

    Early parole is not an option

    Requires the court to disclose the actual prison time that the offender will serve

    Some states require the offender to serve at least 85% of their sentence before eligible for release, increases actual time in prison
  31. Sentencing and the Death Penalty

    -Capital punishment is an ongoing controversy in America’s history

    -Abolitionists believe capital punishment to be ineffective as a crime deterrent

    -Abolitionists also believe government does not have the right to take a human life
    Reconsideration of the Death Penalty

    Innocent parties convicted

    Official misconduct and error

    Racial bias

    Past exonerations through DNA evidence

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