Criminal Justice Final

Fourth Amendment:

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, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. 

Fifth Amendment

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. 

Sixth Amendment

In all criminal prosecutions, the accused shall enjoy the right to speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense. 

WHAT CAN THE POLICE LIE ABOUT? 

• Evidence 

-Fingerprints at the crime scene 

 

• Partner confessed and blaming you 

• Failed polygraph 

ALWAYS ASK FOR A LAWYER!!!! 

ALWAYS ASK FOR A LAWYER!!!! 

Fourteenth Amendment

• All persons born or naturalized in the United States and subject to the jurisdiction thereof, are citizens of the United States and of the State wherin they reside. No State shall make or enforce any law which shall abridge the priveleges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 

 

MEDIA AND POLICE RELATIONSHIP IMPORTANCE

• Police: preserve positive public image 

-Public compliance and voluntary cooperation 

 

• Reporters: Quick and easy access to crime news 

• Perceptions of police heavily impacted by media 

MEDIA IMPACTS ON PUBLIC ATTITUDES OF POLICE 

Brutality or corruption increases negative attitudes towards police 

MEDIA IMPACTS ON PUBLIC ATTITUDES OF POLICE 

• Brutality or corruption increases negative attitudes towards police 

-Confidence in police 2016: 56% 

-Confidence in police 2020: 48% 

-Confidence in police now: 51% 

 

• Exposure of police misconduct increases perception of police bias against minorities 

 

MEDIAS RESPONSE AFTER POLICE VIOLENCE 

• Body cam footage shows whole story, unlike what the media shows 

-Negative depictions interest the public more 

 

• Large negative response after George Floyd 

• Police brutality viewed as justified OR unethical 

 

POLICE PORTRAYAL IN MEDIA 

• Police in crime dramas are depicted as breaking the rules to do what is best 

• Law and Order: SVU (Stablers response) 

GOOD COP, BAD COP 

Bad apple vs rotten barrel theories 

MEDIA COVERAGE OF THE SUPREME COURT 

• People rarely go to trial 

• Supreme Court largely featured in media on appeal cases 

THE MAIN PLAYERS 

• Prosecutor 

• Defense attorney 

• Public defender 

• Judge 

 

THE TRIAL PROCESS 

• Media coverage focuses largely on poor minorities 

-**OR famous people** 

 

• Prosecutor offices provide information to news that is printed verbatim 

 

PLEA BARGAINING PORTRAYAL IN MEDIA 

Plea Bargains: Defendant pleads guilty for lesser charges or sentencing 

• Public perceptions: 

-Sentences too lenient 

-Favored if plea process is openly communicated in courtroom 

-Almost no participants believed plea bargaining was meant to achieve justice

SENTENCING: BIAS IN THE SENTENCING PROCESS 

• Final phase often ignored by the media 

-Minority/low SES groups receive longer sentences with a lesser chance of gaining parole and probation 

 

• Sentencing disparities rarely make it into the media 

-Unveiling racial and sentencing disparities takes time and resources 

 

OJ SIMPSON 

• USC College Football (RB) - Heisman Award winner 

• First overall NFL draft pick (Played for the Bills and 49ners) 

• Acting career: TV shows, commercials, film 

• June 1994: Charged with murdering ex-wife Nicole Brown and Ron Goldman 

• Infamous Bronco car chase 

• January 24-October 3, 1995: Trial dates 

• Ultimately found ‘not guilty’ 

ADNAN SYED: PODCAST SENSATION 

• January 13, 1999: Hae Min Lee (ex-girlfriend) is murdered 

• February 5, 2000: Adnan Syed found guilty (Muslim) 

-30+ years in prison 

 

• Role of Islamophobia after 9/11 

• Case popularized by Serial podcast in 2014 

• September 19, 2022: Syed’s conviction vacated (cleared of all charges) 

• March 2023: conviction reinstated and new hearing 

 

CASEY ANTHONY 

• June 16, 2008: Caylee Anthony’s official death date 

• July 15, 2008: Caylee Anthony went missing 

• May 2011: trial started (6 weeks) 

• Anthony acted ‘strangely’ after Caylee’s death 

• Anthony was ultimately acquitted 

• Candy Montgomery – connection 

TED BUNDY: CASE SENSATION 

May 1, 1979: FL Supreme Court unanimously voted authorization of cameras and recording devices in court rooms 

THE LEAST VISIBLE COMPONENT OF CRIMINAL JUSTICE 

• Corrections is the last stage of criminal justice 

-”Out of sight, out of mind” 

 

• Prisons are portrayed in a negative light 

• Corrections are underrepresented in media stories 

 

MASS INCARCERATION 

• Weakened families and communities 

-”Tough on crime”

SEXUAL VICTIMIZATION IN PRISON

• Public opinion is important – drives the policymaking process 

• Prison rape elimination act (2003) 

-Reduce rape and sexual victimization among incarcerated individuals through higher levels of accountability and reporting (Not a certainty but still occurs inside prisons) 

• LGBTQ+ individuals suffer additional obstacles 

-Transgender individuals 

-Gay/lesbian 

• Incarcerated individuals are not likely to report abuse 

-Face retaliation from abuser (Cellmate or prison staff) 

-Embarrassment 

-Emphasis on ‘Masculinity’ 

• Public's reaction to sexual assault portrayed in media 

-Innocent vs guilty incarcerated individuals and public's perception 

WOMEN IN PRISON 

• Vulnerable and invisible population 

• Prison in media is gendered focus 

-Men are main focus 

-Women portrayed in sexualized manner 

• Backgrounds of incarcerated women look different than men 

-Easier targets for prison staff to take advantage of 

• Media focus on violent women in movies or TV shows 

-Less sympathy given to someone we see as violent and deserving of punishment 

HUMAN RIGHTS ISSUE OR NOT? WOMEN GIVING BIRTH IN PRISON WHILE BEING SHACKLED 

• Female incarceration has increased 750% between 1980 and 2017 

-This means more women are giving birth while incarcerated 

• Safety risks for shackling 

-Potential for falls, impaired mobility 

• Women report additional mental distress, depression, and trauma 

-Additional PTSD from women previously abused in childhood 

• Exact numbers of prisons that allow shackling is unknown 

-Research suggests more adhere to shackling women 

KURTZE’S KORNER: TIMOTHY MCVEIGH AND MEDIA IMPACTS

• April 19, 1995: Mcveigh bombed a federal building in downtown Oklahoma City 

• At that point, it was the largest terrorist attack on US soil 

• First federal government execution in over 38 years 

• This event became a media sensation and obsession 

Constitutional issues and potential violations: 

-First Amendment guarantee of free press (Documents were originally sealed) 

-Fifth Amendment guarantee of due process 

-Sixth Amendment guarantee of impartial jury 

 

• The Federal Bureau of Prisons (BOP) wanted to provide the media with accurate and appropriate information while maintaining the safety of the prison during the process of execution. 

WHAT KINDS OF PUNISHMENTS MAKE THE MEDIA?

Why death penalty cases make the news 

WRONGFUL CONVICTIONS 

• What does it look like? 

• How common are wrongful convictions? 

-22,010 years lost to wrongful conviction 

-2,493 exonerations (since 1989) 

-Average of 8.8 years lost per individual 

-23 in Arizona for 145 years lost 

 

• What leads to wrongful convictions? 

-Eyewitness Misidentification (235 cases) 

-Unvalidated/ Improper Forensics (154 cases) 

-False Confessions/ Admissions (88 cases) 

-Informants/ Snitches (48 cases) 

EXONERATIONS 

• Who is exonerated? 

-48% are Black 

-38% are White 

-12% are Hispanic 

-2% are Other 

 

MEDIA COVERAGE OF CAPITAL PUNISHMENT 

• Media coverage of murder increases support for capital punishment 

 

MEDIA COVERAGE AND EXONERATIONS 

• Media focuses on those released from death row (exonerees) 

-Viewed as isolated mistakes rather than systematic failures 

-Focus on life after prison than what happened inside 

 

MEDIA COVERAGE AND CAPITAL CASES 

• Error rate of capital cases is ~68% 

-Reversible error in 7 out of every 10 cases 

-Common errors 

 

• Failings of capital punishment decreases support for the death penalty 

RE-ENTRY 

• What is it? 

• What should be done when they are released and “Come back home?” 

 

RE-ENTRY ISSUES 

• Why should I care? 

• Recidivism affects us all 

• Re-entry related barriers lead to recidivism 

THE REAL CSI DOCUMENTARY 

Summary 

Tonight, on Frontline, the fascination with forensic science is explored, revealing the discrepancies between popular belief and actual practices. While techniques like fingerprint analysis are deemed infallible, the reality is more complex, with many methods lacking scientific validation. The investigation highlights the consequences of unreliable forensic evidence, including wrongful convictions and the release of actual criminals. 

Highlights -🔍 

1. Forensic science’s rise in popular culture. 📺 

2. Misconceptions about crime scene investigations. 🚔 

3. Fingerprint analysis is widely used but controversial. 🖐 

4. Case study: Brandon Mayfield’s wrongful arrest. ⚖ 

5. Lack of scientific validation in forensic techniques. 📉 

6. The impact of bad forensic testimony on justice. ⚠ 

7. Frontline’s collaboration with ProPublica for the investigation. 🔎 

Media Coverage and Public Approval of the U.S. Supreme Court

Citizens' support for the U.S. Supreme Court declines when decisions are perceived as politicized. 

- Media coverage, primarily through television, often employs a "game frame" that emphasizes strategy over principle. 

- Analysis of over 1,000 broadcast transcripts (1990-2010) shows an increase in game-frame coverage correlating with decreased public support. 

- Experimental results indicate that game-frame coverage reduces agreement and acceptance of Court decisions. 

- The study suggests a need for the Court to manage its media relations to maintain public legitimacy. 

Asymmetry in Media Effects on Perceptions of Police

Study examines the impact of media portrayals (positive, negative, mixed) on public perceptions of police. 

- Participants watched edited video segments and completed surveys before and after. 

- Results show negative portrayals significantly decrease confidence in police, while positive portrayals have little effect. 

- Findings align with the notion that negative experiences weigh more heavily than positive ones in shaping perceptions. 

- Highlights the importance of media in influencing public attitudes towards police legitimacy and the need for improved police practices. 

Unlocking the Gates: an Examination of MSNBC Investigates – Lockup

Authors: Dawn K. Cecil and Jennifer L. Leitner 

- Focus: Analysis of MSNBC's "Lockup" series and its portrayal of American prisons. 

- Key Findings: 

  - The series emphasizes extreme institutions and violent inmates. 

  - It presents a limited view, primarily featuring maximum-security prisons. 

  - Over-representation of violent crimes and white inmates, under-representation of other demographics. 

  - The framing supports current punitive incarceration policies rather than fostering understanding or reform. 

LESSONS FROM DEATH ROW INMATES | DAVID R. DOW 

Introduction 

• Speaker introduces himself and shares a personal anecdote about family. 

• Reflects on a past client named Will from North Texas whose tragic upbringing led him down a dark path. 

Will's Background 

• Will's father left before he was born; raised by a paranoid schizophrenic mother. 

• Mother attempted to kill Will, resulting in her hospitalization when he was five. 

• Will lived with his older brother until the brother committed suicide. 

• By age nine, Will was essentially living alone. 

• Joined a gang, committed serious crimes, and was ultimately executed. 

Reframing the Death Penalty Debate 

• The speaker wishes to discuss the death penalty in a noncontroversial manner, focusing on common ground. 

• Identifies an area of agreement among death penalty supporters and opponents: preventing murders. 

Structure of Death Penalty Cases 

• Chapter 1: Murder occurs; the murderer is convicted and sentenced to death. 

• Chapter 2: State habeas corpus appeal. 

• Chapter 3: Federal habeas corpus appeal. 

• Chapter 4: Various outcomes, typically ending in execution. 

• Historical context of death row inmates lacking legal representation. 

Trends in Death Sentencing 

• A paradox in Texas: high execution rates despite a decline in new death sentences. 

• Juries increasingly opt for life sentences without parole rather than death sentences. 

• Popular support for the death penalty remains relatively high, but attitudes have shifted. 

Interventions in Early Chapters 

• Discusses the importance of intervening earlier in life to prevent future crimes. 

• Lawyers have progressively moved to earlier chapters of the death penalty narrative to save lives. 

Five Chapters of Intervention 

1. Pregnancy: Support for mothers during pregnancy. 

2. Early Childhood: Programs to nurture development. 

3. Elementary School: Education-focused interventions for disadvantaged kids. 

4. Middle and High School: Targeted educational programs and support. 

5. Juvenile Justice System: Alternatives to punishment that focus on rehabilitation. 

Modes of Intervention 

• Suggests multiple potential intervention strategies: 

• Free early childhood care for disadvantaged kids. 

• Special schools targeting at-risk students. 

• Aggressive intervention in dysfunctional homes to prevent abuse. 

• Educational programs connected to juvenile detention facilities to encourage learning. 

Economic Perspective 

• Highlights the cost-effectiveness of early interventions. 

• For every $15,000 spent on intervention, society could save $80,000 in future crime-related costs. 

Final Reflections on Personal Story 

• Shares a conversation with Will on the day of his execution, illustrating his painful memories. 

• Urges the audience to remember the statistics on preventable homicides and the need to address root causes of crime. 

• Emphasizes that investing in earlier chapters can eliminate the beginning of death penalty narratives altogether. 

Conclusion