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What is justice?
A principle of moral rightness according to what is the truth, fair, and right to a given society.
What is social justice?
A broad notion of fairness, rightness, and equality as defined by a society.
What is civil justice?
Fairness in relations between citizens, government agencies, and business. (Private matters)
What is criminal justice?
Protection of a society. Those aspects of social justice that concern violation(s) of criminal law.
What would the crime control model argue?
- A crime control model woul argue that freedom is so important that we need to be sure criminals don't impose on our freedom.
- * Prevent Crime
- * Protect Citizens from Crime
- * Incopacitation of Criminals
- * Goal of the system is to provide quick and just punishment.
What does the Due Process Model argue?
- * Government jepredizing our freedom.
- * Protect you from the state.
- * Rehabilitation
- * Nature of criminal behavior.
Crime Control Model
- We as individuals are free willed and have the freedom to choose.
- Because you violated the social contract and have committed the crime, you shouldn't have the same rights as others.
- Give police more discreation and less rules.
- Reduce legal restrictions of guilt.
- State = Less Power
- Give guilty full protection
- All criminals are to be treated =
- Harsher Penalties for those who are not treated =
Crime -> Law Enforcement->
- 1) Securing the Crime Scene
- 2) Assist Victims
- 3) Interview Victims and Witnesses
- 4) Physical evidence
- 5) Report
Warrant vs. No Warrant
- If you arrest without a warrant, you must have a conference within 48 hrs to establish probabal cause.
- If you were not arrested on the scene, but an investigation is in progresss, a warrant is needed.
- A warrat is an official document.
- 1966 Miranda vs Arizona
- Name, Address, Time & Location of Arrest
- Picture, Fingerprint
- Enter charges into the log
- First appearence (usually within 24 hrs; however, 72 in la and weekends dont count)
- Charges are read aloud
- Rights are Read
- Atty. Appointed
- If bail
- There is no bail if it is a violent crime, drugs, flight risk, imminant danger, or capital offense (^ 65, below 12)
What does the preliminary or Grand Jury hearing decide?
- 1) Was a crime committed?
- 2) Was the crime committed in our jurisdiction?
- 3) Are there reasonable grounds to believe the crime was committed?
In Louisiana, the Grand Jury hears all cases with punishments by life in prision or death... it must be heard.
If you are in custody, an inditement must be filed within 45 days for a mistameanor.
...... 60 days for a felony
If you are not in custody..... 90 days for a misd.
..... 150 felony
There are 12 members of the Grand Jury... in order to gen an inditement, 9 must concur.
What is an arainment?
Charges are read, rights, idenity established, informed of rights to trial by jury.
If the fine excedes 1,000 or 6 months in jail, you enter a plea.
If you refuse to plea an automatic "not - guilty - plea" is given up.
In Louisiana, 3 years from the inditement in capital
....2 years in all other felony cases &
....1 year for misd.........
The jury is selected, inditement is read after the jury is "charged" with their duties.
What is statue law?
Written or case law.
What is common law?
The United States Constitution is the final authority to all questions on law.
What is mala insay?
What is mala prohibita?
- Offense is wrong in itself.
- Change over time
What is criminal law?
Based on the idea that crime is against sociate as a whole. "penal law"
Within criminal law, we have statute law.
What is procedral law?
Process of how we arrest, book the offender, and rights.
Civil law governs private wrongs such as TORT laws, civil laws, contracts.
What is a felony?
A crime that is punishable by a day or more in a state facility.
What is a misdemeanor?
A crime that results in time in a local jail usally a year or less.
What is an offense?
Traffic, etc (Fine)
What are the elements of crime?
- Actus Reus - The guilty act
- Mens Ray - Guilty Mind
Types of Defenses:
Allaby - You have evidence stating that you were else where at the time of the crime.
Justifications - I am guilty, but... Self Defense, Defense of others, defense of home and property, general necessatites, consent, unlawful arrest.
- Excuses: unconsciousness, insanity, durusk, age, misled facts, involuntary intoxification.
- Procedural Defenses: Anything saying you were violated somewhere though the system.
- * 49 states have police agencies - not Hawaii.
- * Texas State Rangers were the first stage agency and they were charged with guarding the boarder.
They assist local police, handle crimes that cross local boundaries, provide law enforcement to rural areas, and break strikes.
- Some (about half) are centurally organized (multi-function agencies)
- Others are decentralized.
- Campus police are state level.
- Municipal or City
- Parish or County
- Chiefs are usually appted by mayor or city councle.
- Broadest duties.
The main duty of the Sherriff's Office is areas not covered by city police.
Sherriff's Office also delivers supenas.
S.O collects local taxes and controls the jails.
Alaska does not have S.O or City Police
Private security is a large sector.
General Needs of Police
- Prevent Crime
- Proactive: Patrol, education
- Investigating: Evidence, etc.
- Protection & Aide to the public
- Preseveve Domestic Peace
- Enforcing & Supporting Laws by Society
Factors on Discression
- Life expereiences
- Characteristics of criminal
- Dept. Policy
- Community Interest
- Pressured by Victims
- Viable Alternatives
Characteristics of Policing
- Watchman Style
- Maintaining order, controlling illegal behavior, like using discression, like to overuse force in "lower" levels. Mostaly found in political era.
- Legalistic Style
- Law to the "t". Hands off for social duties - Reform Era.
- Service Style
- Reflect needs of community, work with community to solve problems. Community Era.
In the 1960's social movement PCR police community relations - Increase positive police/community involvent.
Stategic Policing - Dealing with Non-tradition crimes
Problem-Solving - working on social causes.
Community Policing - Working together
Chmel vs. California (1969)
Chimel v. California, 395 U.S. 752 (1969), was a case in which the United States Supreme Court held that police officers could search only within the immediate area of a suspect who was being arrested.
Harris vs. U.S
Police can search without a warrant if it is an emergency situation
Hicks vs. Arizona
What is in plane view
Minnesota vs. Olsone (1990)
Extends warrantless serarches at others; dwellings for a 24 hr. period.
Emergency Searches without Warrants
- Excigent Circumstances:
- Clear danger to life
- to escape
- danger of removal or destruction of evidence.
What is the free to leave test?
- A reasonable person given the circumstances assume they are not free to leave, they are under arrest.
- (US vs. Mindenhal) 1980
Stop and Frish (Terry vs. Ohio) 1968
If given all circumstances, if reasonable suspicion that the person either just committed or is fixing to committ a crime.
Minnesota vs. Dickerson (1993)
Cops found crack on a man. Because they manipulated the drugs in the pocket it was overturned. Can't manipulate.
1979 Brown vs. Texas
If you don't think a person did a crime or will committ a crime -> you can't get their ID. They dont have to talk.
Smith vs. Ohio (1990)
Unreasonabe search of property
Carol vs. US (1925)
- 1st cause for automobile
- Warrantless searches of automobile are valad
- if there is a reasonable belief then it's a valad search.
1964 Escovedo vs. Illionois
Guy started talking w/o an Atty then wanted one; yet police refused.
Aguillard vs. Texas (1964)
When its right to use information from an informant to get a search warrant.
- Relyable Source
- Open Information (Not Holden Anything Back)
Miranda vs. Arizona
- Remain Silent
- Stop Talking
Rights can be waved (if)
When is ease dropping okay?
- Ofc. is one party
- 1 person is agreeable
- warrant based on prob. cause
Fed and State Courts
State Trial Courts
- Lower level trial courts....magistrate courts... enter plea, bail set, trials can happen only for minor crimes
- rarely holds jury trials
- no transcripts
- dont maintain records on specific cases
They do track: plea, sentence
Trial Courts of general jurisdictions
A case may start here. AKA superior courts and can hear any criminal trial.
Hold Pellet Review
First appeal.... Issue Trial Donovo (New Trial - NO Transcript)
- No orginal jurisduction but rather a pellet jurisdiction
- There must be a transcript for the court to review.
State Supreme Court
What is an appedant and appellee
- Appendant - Person filing claim or appeal
- Appellee - Side opposing Apeal
Keeney vs. Tamio Rayas (93)
- When do you have an appeal to supreme?
- They will not hear of any evidence unless you can prove your rights were violated.
Perrea vs. Collings (93)
All evidence should be reviewed before you reach supreme court level.
US FED COURTS
Art. 3, Sec 1 gave Fed. Govt permission to create courts.....
- 1 supreme court
- Any other courts deemed necesary.
Jurisdiction: Federal Crimes, Constitutional Treaties, Offenses.
There are 3 Levels:
- U.S. District Courts (Lowest)
- Orginal Jurisdictions at Fed Level
- U.S Court of Appeals
- Circuit Courts
- First Level of Appeal
- U.S Supreme Court
- Elected by president, senate confirms
- 9 justices including chief
- called sur name of chief
- very limited orginal jurisdictionns
- 4/9 must vote to hear the case and issue a cert of loraro
- about 200/5000 cases are heard.
- Justice takes place
- rule on matters of the law
- decide if anything is inimessiable
- Disipline in the court
- Dentence the guilty with exception of capital trial
- Guilt - Bench Trial
- Most are elected
- member of the state bar assocation
- Licensed Atty
- Hold a law degree
- attend professioal trainings
- Representative of the state
- D.A, Salicitators, US, State Atty
- Most are elected to 4 terms
- Introduce evidence agaist
- direct testimody for state
- cross examine
You have a right:
- Evidence against you
- Motion for discovery is fuled to know the evidence against you.
Brady vs. Maryland (63)
U.S Supreme Court said all evidence the directly or indirectly relates to the claim of guild must be turned over.
U.S vs. Bagley (85)
Any evidence must be turned over when requested.
Prosicuters are immuned from liability.
- Parole - When serve some time
- Probation - In lieu of jail time. (most common)
- House Arrest
Statutory - good time
- Religion & humanity to offenders
- Mass confinement
Mass Prison (1825-1876)
- Inmates live together
- Corporal punishment
Wide use of indeterminate sentencing
- Max the use of labor
- Contract system - rent inmate labor
- Piece price - some much per piece they make
- Leese System - Outside prisons to do work
- Public Account - Prisons start industries
- State Use - Outlawed free market sales
- Public Works - Maintain Public Works
Punative Era (1935 - 45)
Rise in therapy
Resoursces of the community
Tough on crime
Design Capacity - Oginally buit to handle
Oerational Capacity - # that a facility can effectively accomoadate based on staff.