CRLS 1001 - Exam 4 Mark Waters

Five Phases of a Criminal Case

1. Entry into the System

2. Prosecution and Pre-Trial Services

3. Adjudication

4. Sentencing and Sanctions

5. Corrections

The due process model of criminal justice is one in which effectiveness and efficiency are not emphasized

Reasonable Suspicion

- Legal standard of proof less stringent than probable cause

- If a police officer has reasonable suspicion that a person may be engaged in the commission of a crime, the officer is authorized to stop that person, ask questions, and to frisk him to make sure he is not armed and dangerous to the officer

Probable Cause

- A police officer cannot affect an arrest unless this exists

- The police have probable cause to a take a suspect into custody when "the facts and circumstances within their knowledge and which they have reasonable trustworthy info are sufficient to warrant a prudent man in believing that the suspect has committed or was committing an offense."

Exclusionary Rule

- Evidence seized in the course of an illegal arrest can be barred from trial pursuant to this.

- Deters police from engaging in illegal practices and keeps the courts from condoning such conduct.

Miranda warning

Only applicable when the suspect is in custody and is being interrogated. Exclusionary rule applies.

Plea-Bargaining

Ultimately, the judge decides whether the plea bargain is warranted and appropriate

Preliminary Hearing

- A preview of the trial in court before a judge, in which the prosecution must produce enough evidence to convince the judge that the case should proceed to trial or to the grand jury

- The defendant gains the advantage of finding out how the prosecution's case is being developed.

Grand Jury

- Indictment must rest on evidence indicating a prima facie case against the defendant

- Prima facie case exists when there seems to be sufficient evidence to convict the defendant

Adjudication Decisions

- Conducted by a judge, with or without a jury

Parole

Early release of an inmate from prison based on the decision of a parole board

History of Policing

The sheriff presided over the shire's court, executed summonses, and enforced the law.

Law Enforcement Agencies

American policing differs from policing found in most other countries because it is characterized by a diversity of forces and a lack of central coordination and command.

Line Functions

Patrol duties, investigation, traffic control, and various specialized units

Non-line functions

Planning, training, high-tech services in communications, identification, laboratory work, and data processing, as well as routine services such as building and grounds maintenance, repair services, supply provisioning, and jail administration.

Sting Operations

Undercover operations in which police pretend to involve themselves in illegal acts to trap a suspect

Entrapment

Type of police conduct in which an originally unwilling person is actively induced to commit a crime and such conduct is considered to be illegal as per the U.S. Supreme Court

Law Enforcement

The law enforcement function was the predominant function into the 1960s.

Order Maintenance

- A large portion of a patrol officer's job is order maintenance which is also referred to as peacekeeping and conflict management.

- When performing this function, police officers usually exercise direction in deciding whether a crime has been committed

Community Service

- The police are the government's front line response to social problems and emergencies.

- Another good portion of a police officer's job includes social service and administrative tasks.

Problem Orientated Policing (P.O.P.)

Strategy requires police to work with citizens to identify and respond to community problems

Use of Deadly Force and Police Brutality

This issue tragically came before the United States Supreme Court in the case of Tennessee vs. Garner, to determine the constitutionality of fleeing felon laws and the use of deadly force

State Court System

Three Distinct Levels:

1. Court of Limited Jurisdiction*

2. Courts of general jurisdiction*

3. Appellate Courts

Courts of Limited or Special Jurisdiction

Referred to as municipal courts, justice of the peace courts, and magistrate's courts

Courts of General Jurisdiction

State's major trial courts

Writ of Certiorari

An order issued by a higher court directing a lower court to send to it the records of a case

Arraignment

Trials begin with an arraignment, the person named in either the indictment or the information is asked to plead to the charge or charges

Sentences

- Death penalty

- Incarceration

- Probation*

- Split Sentence

- Restitution*

- Community Service

- Fine

Deterrence

Fear of punishment will cause potential offenders to refrain from committing crimes

Retribution

Punishment should be comparable to the harm inflicted, "eye for an eye"

Rehabilitation

Through correctional intervention, an offender may be changed and returned to society as a productive citizen

Restorative Justice

Aims to identify obligations and promote healing

Sentencing Guidelines

- Voluntary

- Presumptive

The Prisoners' Rights Movement

- In September of 1971, a riot broke out at Attica States Prison in New York

- Prior to the 1960's, the Supreme Court maintained a "hands-off" doctrine, refusing to interfere with prison management

Detention Facilities

Does not normally house convicted persons*. Tend to house persons arrested and undergoing processing and awaiting trial

Correctional Facilities

Include county jails, where incarcerated people serve a year or less, and state and federal prisons, where the inmates serve sentences longer than one year

Prison Population

The United States is the world leader in imprisonment

Prisonization

The process by which the inmate learns, through socialization, the complex process by which new inmates learn the ways of prison society and what is expected of them

Importation Model

Suggests that the inmate subculture is not formed within the prison but is brought in from the outside

Federal Law Enforcement

- Drug Enforcement Administration

- Immigration and Naturalization Service

- United States Marshall Service

Community Corrections

Probation