CJ 110 Exam 2

HH Holmes *First serial killer*

• Con artist and serial killer

• Robbed graves for cadavers

• Seduced and murdered womens after he was engaged to them to secure their life savings

• The “Murder Castle” in Chicago

• Tried for one murder, hung, confessed to 20 murders, some say 200+

Chicago Lipstick Murders

• Chicago area murders 1945-1946

• June 5, Josephine found dead in home from multiple stab wounds

• December 11, Frances Brown murdered in apartment with message in lipstick on wall

• January 7, Suzanne Dagan goes missing

• William Heirens pleaded guilty to the 3 murder charges

• 65 years in prison, claimed innocence until death

Chicago Tylenol Murders

• 1982

• Victims consumes Tylenol capsules laced with potassium cyanide

• At least 7 dies in the original poisonings

• Came from different lots and different stores in Chicago

• Lewis and Arnold suspected, dismissed

• Many copycat cases, capsules discontinued, tamper-evident safety seals, anti-tampering laws

Menendez Brothers

• August 20, 1989

• Jose and Kitty (mother and father) killed with 12-gauge shotgun execution style ; brothers at the mall, called cops

• Eric and Lyle spent inheritance, Eric confessed to therapist

• 2 trials to convist, claimed abuse by father

• Both sentenced to life in prison, didn’t talk until 2018

Jon Benet Ramsey

• Boulder, Colorado

• December 26, 1996 ; Ramseys woke up to find their 6 year old daughter missing from her bed

• Ransom note on stairs asking for $118,000 for her return and not to involve the police

• Polica called, house searched poorly (family + friends tampering with evidence), basement not searched

• Dad found her body in the basement, picked her up, and carried her upstairs which destroyed evidence

• Death by asphyxiation due to strangulation and a skull fracture

• Sexually assaulted

• Killer never found ; family theory and intruder theory

Hello Kitty Murder

• March 17, 1999 in Hong Kong

• Nightclub hostess abducted, tortured in apartment for a month because she stole a wallet

• Heald by 3 men and 1 girl (grooming victim)

• Tortured, raped, beaten, burned by candles and hot plastic ; died from traumatic shock

• Died april 15,1999 ; skull placed in Hello Kitty Doll, boiled the rest of her remains

• Men sentenced to life in prison, the girl testified for immunity

West Memphis 3

• 3 teens convicted of a triple homicide in 1994 ; accused of killing 3 8 year-old boys

• Believed it was part of a satanic ritual

• Damien on probation, Baldwin + Damien friends, Misskelley’s confession

• Two trials, cult ‘expert’ brought in, defense failed and judge refused to let evidence in, both ended in convictions

• Life for Baldwin, life + 40 for MissKelley, death penalty for Damien ; many believed they were wrongfully convicted

• 2010 Arkansas Supreme Court ordered a hearing for new evidence, the Alford Plea so Damien didn’t die, release of all 3 and exonerated, case remains unsolved

OJ Simpson

• June 12, 1994

• OJ Simpson ex-wife and Ronald Goldman stabbed to death outside her house ; OJ prime suspect

• June 17, 1994 ; low speed vehicle pursuit

• January - October = trial ; OJ had dream team of lawyers, mishandling of evidence? (the bloody glove), evidence planted by police?, role of DNA analysis

• OJ found not guilty

• Civil Trial in 1996, OJ found responsible for deaths, $33.5 million in damages awarded to family

What does the Fourth Amendment deal with?

Search + Seizures ; what makes them unlawful and lawful

What are the reasons for search and seizure

Consensual encounter, probable cause, and reasonable suspicion

Types of search and seizure

Traffic stop, detention of passenger, search incident to citation, the Carroll Doctrine, impounded vehicles, person, search for incident to arrest, and search warrant

What is the acceptable type of vehicle checkpoint

DUI Checkpoints

What is the unacceptable type of vehicle checkpoint

Drug checkpoints

What is the Carroll Doctrine

• Probable cause without warrant

• A delay in search would result in a loss of evidence

• Uses trained dogs to sniff

What is involved in the search and seizure of a person

• pat-downs for officer safety

• limitations to pat-down searches

How does a search warrant work according to search and seizure

• Probable cause articulated to judge (crime being committed at location, and evidence related to crime at location)

• “Knock and talks” (consent to search)

• Plain view (needs a legal reason to be there)

• High technology searches (thermal imaging devices ; USSC says that is unacceptable and violated the reasonable expectation of privacy)

What is the 5th amendment

Protection against self-incrimination

Miranda v Arizona (1966)

USSC placed limits to excessive interrogation

Brewer v Williams (1977)

Inevitable-discovery exception

NY v Quarles (1984)

Public safety exception

Tennessee v Garner (1985)

Law enforcement can’t use deadly force against a fleeing suspect they pose an immediate threat to the officers or the public

What is the amount of contacts with police that use force per year

• 61.5 million contacts with police

• 2% involve force or threat of force

Benefits of body cameras

• transparency of police behavior

• helps change officer behavior

• to have evidence to resolve conflicts

• unprompted evidence for arrest and prosecution

Rampart Corruption Scandal

• Community Resources Against Street Hoodlums (CRASH)

• over 70 officers implicated

• unprovoked shootings and beatings inflicted by officers

• planting of evidence and framing suspects

• officers incarcerated, $125 million in settlements

What types of law are included in civil law

private law and business law

Examples of civil law

• divorce

• medical malpractice

• torts

What does civil law need + definition

burden of proof - preponderance of the evidence

what is involved in criminal law

• public law

• the state against the defendant ; state initiates the case

What is needed for criminal law + definition

burden of proof - beyond a reasonable doubt

What are the 2 systems of courts

state + federal

What courts make up the state court systems

• trial courts

• general jurisdiction courts

• appellate courts

Describe trial courts

• where cases begin

• limited jurisdiction courts

• less formal

• “decisional model” (family disputes and misdemeanor)

Describe general jurisdiction courts

• high courts, circuit courts

• can hear any criminalcase

• “procedural model”

• fact-finding courts

Describe appellate courts

• higher courts review the actions of lower courts

• high-level appellate court (state supreme court + “courts of last resort”)

• Next stop is the US Supreme Court

What courts are involved in the Federal Court System

• US magistrate court

• US district courts

• US court of appeals

Describe the US magistrate court

• courts of limited jurisdiction (try lesser misdemeanors + set bail)

• assist district courts

Describe US District courts

• trial courts of federal system

• judges appointed by president, usually serve for life

• civil and criminal cases

Describe the US courts of Appeals

• 13 in total, 1 in each of the 13 original districts

• 6+ judges on each court of appeals

• judges appointed by president

• must hear all appeals from district courts

Describe the US Supreme Court

• highest court in the American Judicial System

• 9 judges, 1 chief justice ; appointed by the president

• chooses what cases to hear, focuses mainly on constitutional issues and federal law interpretation

Who is the chief justice in the USSC

John Roberts

What does a prosecuting attorney do

• represent the people (supports victims and witnesses)

• have the burden of proof

• procedural discretion (can dismiss cases, what charged to file, plea bargain, strategy)

What does a defense attorney do

• represent the accused

• handle the ethics of defense

Types of defense attorneys (3)

• retained council

• court-appointed

• public defenders

What does an expert witness do

• has special skills and knowledge

• paid professionals

What is the primary duty of the judge

ensure justice and hold ultimate authority in the courtroom

How are judges selected

• political appointment

• election

• federal judges

What are the qualifications to be a judge

• law degree

• licensed attorney

• member of the state bar association

Types of non professional courtroom participants (5)

• lay witness

• jurors

• victim

• defendant

• spectators + press

Define lay witnesses

• eyewitness

• character witness

• testify only to facts, not opinions

Define jurors

• arbiter of the facts in a court of law

• get picked randomly

• can get paid

• can get dismissed under certain circumstances

Define a victim

• testify as a witness

• difficulties in court

Define a defendant

• “innocent until proven guilty”

• must be present

• self-representation can be allowed, but is discouraged

Define spectators + press

• family, friends, advocated for both sides

• highly publicized cases draw a bigger crowd

What are the steps involved in pretrial activities + how many

3 steps

1. first appearance

2. pretrial release

3. grand jury or preliminary hearing

What happens in first appearance (pretrial)

initial appearance before magistrate/judge

What happens in pretrial release

• decision based on flight risk and risk to public safety

• bail is set

• release on recognizance (ROR)

• other release options

What happens in grand jury (pretrial)

• private citizens

• hear evidence from the prosecution

• is their enough to move forward with a trial? (yes = indictment , no = dismissed)

What happens in preliminary hearing

• determines if their is probable cause

• determines competency

What are the steps in arraignment and the plea + how many

3 steps

1. arraignment

2. plea options

3. plea bargaining

What happens in arraignment

• first appearance before the court where the trial will occur

• informed of charges

• enter a plea

What are the plea options

• guilty

• not guilty

• no lo contendre

What happens in plea bargaining

• negotiations between prosecutor, defense counsel, and defendant

• arguments happen for (less time/resources, weak evidence, or reduced workload)

• arguments happen against (lenient, speedy vs justice)

What percentage of cases are resolved through a plea

90%

What are the parts to the beginning of a trial

1. jury selection

2. opening statements

What are the challenges with jury selection

• challenge to the array

• challenge for cause

• peremptory challenges

• sequestered juries

What are the steps of the presentation of evidence + how many

4 steps total

1. direct

2. circumstantial

3. physical

4. witness testimony

What is direct evidence

• provides a fact without requiring one to draw inferences

• “I saw him do it”

What is circumstantial evidence

• judge or jury draw conclusions

• indirect evidence

• requires interpretation

What is physical evidence

• real evidence (DNA, footprints, finger prints, ect)

• introduced as exhibits

What is witness testimony

• oral evidence entered by sworn witnesses

• defendant and “The 5th”

• prosecution and defense call witnesses

• testify then cross-examination of evidence

• perjury

• hearsay is generally not allowed in trials

What are the steps of the end of the trial + how many

3 steps

1. closing arguments

2. instructions to the jury

3. jury deliberation and the verdict

What happens in closing arguments

• final statement made to judge/jury

• prosecution usually has final say in the outcome

What happens in the instructions to the jury

• jurors retire to reach a verdict

• presented with a summary of evidence

• reminder of their duty as jurors

What happens in jury deliberation and the verdict

• decisions reached by the jury

• innocent, guilty, or hung jury

What are the purposes of criminal sanctions + how many

5 purposes

• deterrence

• incapacitation

• rehabilitation

• retribution

• restorative justice

Define deterrence

• people are rational actors

• teach a lesson/send a message to the criminal

• 2 types of deterrence

What are the 2 types of deterrence + definitions

1. general deterrence - by punishing one, others will fall in line

2. specific deterrence - specific per offender

Define incapacitation

• isolate from society

• impair ability ro commit crime in the future

Define rehabilitation

• transform the offender

• assumes the criminal has a psychological problem or social condition

Define retribution

• just desserts

• satisfies a moral requirement

• “eye for an eye”

Define restorative justice

• strives to heal the broken bond between offender, victim, and society

• justice means restoration harm

What legal factors are taken into consideration in sentencing

legal factors

• seriousness of offense

• previous criminal history

What are the 2 main forms of indeterminate sentencing

1. judge sets minimum and maximum with status

2. judge sets minimum and maximum with statue

Who has discretion in determinate sentencing

• judge

• parole board

How can discretion lead to disparity

• people can be treated differently in the system

• can lead to sentencing reform

What are the 2 types of structured sentencing

1. determinate sentencing

2. guideline sentencing

What is encompassed in determinate sentencing

• fixed sentence

• reduction for good time

• limited role of parole boards

• helps control prison population and gives prisoners an end to look forward to

What is encompassed in guideline sentencing

• voluntary guidelines (recommended not enforced)

• Presumptive guidelines (sentencing commissions, scoring instruments, mandatory)

Why use the guideline system

• reduced discrimination

• more consistent sentencing

• reduced discretion

What is encompassed in mandatory minimums

• state requires certain sentences for crime/circumstance

• three strike laws

What is a jail

• locally operated correctional facilities that confine people before or after conviction

• usually sentenced to a year or less

How many jails are in America

3,200

How is total admission of a jail calculated

add number of people each day of the year together

How is average daily population of a jail calculated

add the number if people each day together and divide by 365

What are some of the different purposes of jails in America

• short terms of incarceration

• inmates awaiting transfer

• people awaiting trial

• probation / parole violators

• detain juveniles awaiting transfer to another facility

• hold the mentally ill

• protective custody

• hold persons for military

• hold witnesses for court

What is “rabble management”

• eliminate temporary problems

• disorderly conduct, drunk in public, etc

• temporarily removes a problem from the community

What percent of jail inmates are held on felony charges

76.37 %

What percentage of inmates are held on misdemeanor charges

17.92 %

What percentage of inmates are held on other charges

5.71 %

What are the 4 main problems with jails

• intake and classification of criminals

• treatment programs

• capacity of facility

• professionalism of staff