courts second half

trial statistics

90% plead guilty, 2% go to trial, 8% are dismissed

cases are going to trial 60% less for federal defendants

retribution

punishment justly deserved for an offense

incapacitation

deprived of legal capacity so crimes can’t be carried out

rehabilitation

improve criminal so they can function without crime

deterrence

prevention of criminal behavior by fear or punishment

general deterrence

generally discourages people from committing crime

specific deterrence

dissuade offender from committing crimes in future

restoration

repair harm, meet victim’s needs, hold offender accountable

reintegration

special programs used to reenter offenders back into community

indeterminate sentencing

unspecified duration/range of confinement

impacted by conduct, rehabilitation, parole boards

determinate sentencing

specified jail term, typically for serious felony

what TX has

federal sentencing

presumptive guidelines determined by judge (determinate)

statute sets range of punishment, guidelines set advisory range

mandatory minimum

determined by statute based on seriousness of case, prior convictions, life without parole cap

no judge flexibility

habitual offender statutes

example is 3 strikes rule

penalty range increased based on prior convictions

truth in sentencing

guarantees certain amount of time served

best example is United States sentencing guidelines

statutory ranges

judge cannot move out of _ _ unless there is substantive assistance

Blakely v Washington

judges cannot enhance criminal sentences based on facts other than those decided by the jury

United States v booker

only facts proven beyond a reasonable doubt can be used to calculate sentence

Federal Sentencing guidelines are not mandatory anymore

Kimbrough v United States

courts can give lower sentences than advised by guidelines

Gall v United States

courts have authority to set any “unreasonable” sentence as long as they can explain themselves

Rita v United States

a sentence within the guideline range is presumptively reasonable

Alleyne v United States

when imposing a mandatory minimum, facts must be found beyond a reasonable doubt

sentencing options

incarceration, probation, split sentencing

death penalty

legal in 30 states

Furman v Georgia

the death penalty, as it was currently being applied, was unconstitutional for every single state because it was arbitrary and contained racial disparity

Gregg v Georgia

4 years after Furman, the death penalty was found constitutional again due to:

1. bifurcated system (two separate trials: one for determining guilt, another for punishment)

2. class of death eligible offenses narrowed (murder + another crime)

3. mitigating and agitating factors need to be weight (deliberate killing, future danger)

4. individual voir dire needed

5. makeup of Supreme Court changing

Atkins v Virginia

executions of mentally disabled criminals are cruel and unusual because of lessened culpability, it is not a suitable punishment

Roper v Simmons

execution of minors is cruel and unusual punishment

Baze v Rees

lethal injection can be cruel and unusual punishment if the state continues to use a method without sufficient justification in the face of other possible methods

objectives of texas penal code

public safety

deterrent influence

rehabilitation

prevent likely recurrence

give fair warning

penalties that are proportionate

prevent arbirtrary/oppressive treatment

juvenile

civil cases, not criminal

initiated by petition of adjudication

cases must still be proved beyond reasonable doubt

do have right to defense counsel in court proceedings (unlike the book says)

capacity

the power to create or enter a legal relation

Guardian ad litem

counsel appointed by court to make decisions in juvenile’s best interest, but not necessarily as attorney

parens patriae

the state is a provider of protection to those unable to care for themselves (government must take on parental role for our children)

referral

citation of juvenile to juvenile court by law enforcement or family member based on delinquency

intake

review of case by court official to proceed or dismiss

petition

document alleging juvenile is delinquent/offender and court needs to assume jurisdiction or take to adult criminal court

waive/transfer/certification

officially move a juvenile case to adult criminal court

Kent v United States

juvenile waiver hearings require attorney’s advice/presence

in re gault

juveniles have right to:

notice of charges

counsel

confront witnesses

not self-incriminate

in re winship

standard of proof beyond a reasonable doubt is required for both adults and juveniles

mckeiver v pennsylvania

it is juvenile court judge’s decision to grant jury trials to juveniles

breed v jones

juveniles cannot be adjudicated in juvenile court and then sent to adult court to face same criminal charge (no double jeopardy)

schall v martin

juveniles can face preventative detention if they are a danger to community or serious risk

nominal disposition

verbal reprimand

conditional disposition

fine, community service, restitution

custodial disposition

group home, camp, secure custody

blending sentencing

court judge can impost both juvenile and adult incarceration penalties

teen court

conducted by youth who “try” other youth for nonserious misdemeanors

Estes v Texas

14th amendment due process rights violated due to publicity of hearing on television, radio, and photography (conviction overturned)

Sheppard v Maxwell

publicization of police’s theory violated 14th amendment due process rights (murder decision reversed)

Dobbert v Florida

argued that pretrial publicity was excessive and death penalty sentence violated rights, but Supreme Court denied

MuMin v Virginia

trial judge’s refusal to question individual prospective jurors during voir dire about what they heard in the news relating to the case is not a violation of rights

individual voir dire

Curtis thinks is the most efficient tool for the judge to use to minimize effects of pretrial publicity

alternative dispute resolution

any method to settle that isn’t litigation

ex. arbitration or mediation

not a trend and probably won’t become one

deferred adjudication

you plead guilty but the judge doesn’t find you guilty

conviction isn’t actually given but still shows up on your record

pretrial diversion

opportunity to remain in community and receive treatment without conviction/incarceration from prosecutor

United State