Criminal Justice Final

Reentry Problem

challenges faced by individuals who are released from prison and struggle to reintegrate into society

Origins and Operation of Parole

it began in the 19th century with Alexander Maconochie's system of marks for good behavior, later refined by Sir Walter Crofton's "ticket of leave."

Parole allows early, supervised release based on good conduct and rehabilitation. Parolees must follow conditions like regular check-ins and avoiding crime, with violations leading to reincarceration. Perfect for quick recall! Let me know if you'd like another summary.

Expiration Release

the release of an inmate from incarceration, without further correctional supervision; the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense

Mandatory Release

the required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate-sentencing law or parole guidelines

Other Conditional Release

a term used in some states to avoid the rigidity of mandatory release, by placing convicts in various community settings, under supervision

Parole officers serve dual roles

cop and social worker

People on parole face many barriers, including:

Employment Barriers: Difficulty finding jobs due to stigma and lack of skills or experience.

Housing Issues: Limited access to affordable housing, often compounded by restrictions on renting to individuals with criminal records

Social Stigma: Negative perceptions from the community, which can lead to isolation and discrimination

Legal Restrictions: Conditions of parole may limit freedom, such as curfews or restrictions on travel.

Mental Health Struggles: Coping with the stress of reintegration and the challenges of rebuilding relationships.

goals of parole

Reducing Recidivism: Helping parolees avoid reoffending by providing support and super

Rehabilitation: Encouraging personal growth and addressing underlying issues, such as substance abuse or mental health challenges

Community Safety: Ensuring public safety by monitoring parolees and enforcing conditions of release

Cost Efficiency: Reducing the financial burden of incarceration by transitioning individuals to supervised release

Restorative Justice: Promoting accountability and allowing parolees to contribute positively to society

How do types of release differ

Parole: Conditional release after serving part of a sentence, with supervision and adherence to specific conditions

Probation: A court-ordered period of supervision instead of incarceration, often with conditions like community service or counseling

Pretrial Release: Release of a defendant awaiting trial, often with conditions like bail or monitoring

Mandatory Release: Automatic release after completing a set portion of a sentence, as determined by law

Discretionary Release: Release granted by a parole board based on factors like behavior and rehabilitation progress

Why is reentry so difficult

Employment Challenges: Many employers are hesitant to hire individuals with criminal records, limiting job opportunities.

Housing Barriers: Finding stable and affordable housing can be tough, especially with restrictions on renting to those with a criminal history.

Social Stigma: Negative perceptions and discrimination can make it hard to rebuild relationships and integrate into the community

Legal and Financial Hurdles: Parole conditions, fines, and fees can create additional stress and limit freedom

Mental Health Struggles: Coping with the psychological impact of incarceration and reintegration can be overwhelming without proper support

What happens if someone violates parole?

Warning or Counseling: For minor infractions, the parolee may receive a warning or be required to attend counseling sessions

Increased Supervision: Additional restrictions or closer monitoring may be imposed

Revocation of Parole: Serious violations can lead to the parole being revoked, resulting in the individual returning to prison to serve the remainder of their sentence

Legal Charges: If the violation involves criminal activity, new charges may be filed, leading to further legal consequences

The Puritan Period

1646-1824, a time when families should discipline "evil" children and if not the law would

The Refuge Period

a period from 1824 to 1899 when delinquent or neglected children were placed in a home for training and discipline

The Juvenile Court Period

1899 - 1960; "child savers", Juvenile Court Act of 1899 set up the first system in Chicago

The Juvenile Rights Period

1960 - 1980; statute offenses were acts committed by juveniles considered unacceptable for children (truancy, running away)

In re Winship (1970)

the standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings

The Crime Control Period

1980-2005; young people are treated far too easily and there is pressure to treat them the way the adults are treated

The Kids Are Different Period

(2005-Present)

-juveniles are less culpable than adults because brain development is not complete or fully mature yet

-rehab for kids

-roper vs simmons = juveniles cannot be executed-more lenient treatments

-less use of judicial waivers

The juvenile court's authority is based on age (usually under 18) and case type, including:

Delinquency

Status offenses

Neglect

Dependency

Delinquency

Cases where minors are accused of acts that would be considered crimes if committed by adults, such as theft or assault

Status Offenses

Non-criminal behaviors that are only considered offenses due to the individual's age, like truancy, running away, or underage drinking

Neglect

Situations where a child is not receiving proper care, supervision, or necessities from their guardians, potentially endangering their well-being

Dependency

Cases involving children who lack proper parental care due to circumstances like abandonment, abuse, or the inability of parents to provide care.

Major Processes in the Juvenile Justice System

Police and Intake Decisions:

Juvenile Court Proceedings

Disposition Hearing

Police and Intake Decisions

Law enforcement officers may apprehend juveniles suspected of delinquent acts. Intake officers then assess whether the case should proceed to court, be diverted to alternative programs, or be dismissed.

Juvenile Court Proceedings

If the case moves forward, the juvenile court conducts hearings to determine the facts and decide on appropriate actions. These proceedings focus on rehabilitation rather than punishment

Disposition Hearing

This is the final stage where the court decides the outcome for the juvenile, such as probation, placement in a detention facility, or participation in community-based programs

Sentencing and Institutional Alternatives

Youth found delinquent can receive:

• Probation:

• Intermediate Sanctions:

• Custodial Care:

• Community Treatment:

• Waiver to Adult Court:

Probation

This is a common alternative where the youth remains in the community under supervision. They must adhere to specific conditions, such as attending school, avoiding certain activities, or participating in counseling.

Intermediate Sanctions

These are stricter than probation but less severe than incarceration. Examples include intensive supervision programs, electronic monitoring, or community service

Custodial Care

This involves placing the youth in a residential facility or juvenile detention center. The focus is often on rehabilitation through structured programs

Community Treatment

This alternative emphasizes rehabilitation within the community. It may include therapy, mentoring, or educational programs designed to address the underlying causes of delinquent behavior

Waiver to Adult Court

In some cases, youth may be transferred to adult court if their offense is severe. This subjects them to adult criminal proceedings and penalties

In re Gault (1967)

juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment

Youth crime in the U.S. has shown a

decline in violent offenses over recent years, yet it remains a significant concern influenced by factors such as poverty, family instability, and limited access to education. Juvenile justice systems aim to address these issues through rehabilitation-focused approaches, including community programs, counseling, and preventive measures. Despite progress, challenges persist in reducing recidivism and addressing the root causes of delinquent behavior.

How does the juvenile system differ from the adult system?

It focuses on rehabilitation rather than punishment, aiming to help young offenders reintegrate into society. Juvenile proceedings are typically more informal and private, with an emphasis on protecting the youth's identity. Sentencing often includes educational programs, counseling, or community service, rather than incarceration. In contrast, the adult system prioritizes accountability and deterrence, with harsher penalties and public trials

What determines if a juvenile is tried in adult court?

severity of the offense, the age of the juvenile, and their prior criminal history

"Defunding the police"

reallocating or redirecting funding from police departments to other community resources, such as mental health services, education, and housing, with the goal of addressing root causes of crime

Advocates' of "Defund the police" View

argue that investing in social services can reduce crime by addressing systemic issues like poverty and inequality. They believe that over-reliance on policing often leads to unnecessary confrontations and that funds could be better used to build stronger, healthier communities

Critics' "Defund the police" Concern

worry that defunding the police could lead to increased crime rates and reduced public safety. They argue that police departments need adequate funding to train officers, implement reforms, and maintain essential services

What is demilitarization in policing?

Reducing the use of military-grade equipment and tactics in policing to foster trust and reduce unnecessary force.

What are use of force policies?

Stricter guidelines to prioritize de-escalation and protect human life.

What is community policing?

Encouraging officers to engage with communities to build relationships and address local concerns.

What is a training overhaul in police practices?

Updating training programs to better prepare officers for complex situations, including mental health crises and conflict resolution.

What does transparency in policing entail?

Requiring public reporting of police misconduct and use-of-force incidents.

What is independent oversight in policing?

Establishing civilian review boards to investigate complaints against officers.

What is qualified immunity reform?

Revisiting legal protections that shield officers from lawsuits in cases of misconduct.

What is the purpose of body cameras in policing?

To ensure accountability and provide evidence in disputes.

What department was created to enhance national security after 9/11?

Department of Homeland Security

What act was passed to strengthen national security and counterterrorism efforts after 9/11?

USA PATRIOT Act

What was one of the goals of the post-9/11 security measures?

To prevent terrorism

What did the post-9/11 measures aim to improve among security agencies?

Coordination

What type of programs were increased as part of post-9/11 security measures?

Surveillance programs

Rights Concerns:

Critics argue that some post-9/11 measures infringe on individual rights and civil liberties. Concerns include warrantless surveillance, racial profiling, indefinite detention, and restrictions on privacy. Balancing national security with the protection of constitutional rights remains a contentious issue

Private security

The practice of private corporations or individuals offering services traditionally performed by police officers.

Investigative Tools

DNA Analysis: Advanced techniques help solve cold cases and ensure accurate identification of suspects

Surveillance Systems: Tools like CCTV, drones, and facial recognition enhance monitoring and tracking capabilities

Data Analytics: Predictive policing uses algorithms to identify crime hotspots and allocate resources effectively

Digital Forensics: Extracting and analyzing data from electronic devices aids in solving cybercrimes and other offenses

Risks of Investigative Tools

Privacy Concerns: Surveillance technologies can infringe on individuals' privacy rights if not regulated properly.

Bias in Algorithms: Predictive policing and AI tools may perpetuate existing biases, leading to unfair targeting of certain groups.

Cybersecurity Threats: Criminal justice systems relying on technology are vulnerable to hacking and data breaches

Overreliance on Technology: Dependence on tools may lead to overlooking human judgment and intuition in investigations.

political polarization

The process by which the public opinion divides and goes to the extremes.

Political polarization's Impact on Rule of Law:

Political polarization can undermine the rule of law by eroding trust in legal institutions. When partisan divides influence perceptions of fairness and justice, it can lead to public skepticism about the impartiality of courts, law enforcement, and criminal justice policies. This distrust may weaken the legitimacy of the justice system and hinder its ability to function effectively.

Policy Deadlock:

Polarization often results in legislative gridlock, making it difficult to pass meaningful criminal justice reforms. Disagreements between political parties on issues like sentencing laws, police funding, and rehabilitation programs can stall progress. This deadlock prevents the implementation of policies that address systemic issues, leaving critical problems unresolved.

How have protests after George Floyd's killing in 2020 impacted policing discussions and reforms?

they sparked widespread calls for police reform, focusing on issues like racial justice and accountability. Many cities and states implemented changes, such as banning chokeholds, restricting no-knock warrants, and increasing oversight through civilian review boards. Some jurisdictions also redirected police funding to community programs, though these efforts faced mixed results.

How did 9/11 change law enforcement powers and priorities?

it led to a significant expansion of law enforcement powers and a shift in priorities. Agencies adopted new tools and strategies, such as increased surveillance, intelligence sharing, and counterterrorism efforts. The USA PATRIOT Act granted broader authority for monitoring and investigating potential threats, raising concerns about privacy and civil liberties.

What would a private corporation's security director likely handle?

they oversee the protection of assets, employees, and facilities. Responsibilities include developing security policies, managing access control systems, coordinating emergency response plans, and ensuring compliance with regulations. They may also handle cybersecurity measures and risk assessments.

How do police databases pose problems?

Issues include data accuracy, potential misuse, and privacy violations. Predictive policing systems may perpetuate biases, and reliance on flawed or incomplete data can lead to wrongful targeting or discrimination.

How does political polarization influence criminal justice?

by creating divisions over policies and reforms. It can lead to legislative gridlock, hindering progress on issues like sentencing reform or police accountability. It can also shapes public opinion, with differing views on law enforcement practices and priorities