CRJU 300

Final study guide

We copied the UK on everything minus correction T/F

True

English House of Correction

1) Bridewell 2) housed the poor 3)75% women 4) avergage stayed 1 week 5) most released on bail

Early American Corrections ( Pre- Penitentiary)

1) same as British until revolution 2) first GAOL built at plymouth rock to house convicts for auction

William Penn & The Quakers

Founders of corrections who emphasized rehabilitation and humane treatment of offenders.

The Walnut Street Jail

1775 NOT first prison.The first prison in the U.S. to use a system of separate confinement, emphasizing rehabilitation and humane treatment of inmates. Comes from the Idea of Monks meditating in penitentary

The Silent System

1) Based on Walnut Jail 2)Silence at all times 3) total isolation from other inmates 4) Cell contained bible, table and chair 5) Goal: Penitence

First Penitentiary

Eastern State Prison: Cherry Hill, PA

How many prisons until early 1950s

5 prisons about 12,000 inmates

How many prisons from 1950s to late 1970s

12 prisons about 40,000 inmates

How many prisons from now to early 1980s

50 prisons about 200,000 inmates

Federal Court System

U.S. Supreme: whatever they say goes, law of the land, all levels

Federal Circuit Court of appeals

doesn’t question was jury decided, only issues of law

Federal District Courts

1) court of original jurisdiction 2) most cases start here 3) first court 4) judge is the terier of law 5) jury is trier of fact, only allowed to try fact

Califonia State Courts

1) first tier: trail courts, in most counties superior court only 2) adult and juvenille cases in criminal matter 3) Court unification in CA 4) have original jursidiction over most criminal civil. matters 5) Judge has to be bar member for at least 10 years

Court of Appeals

1) Panel of 3 judges 2) presiding justice and 2 associate justices 3) need majority agreement (2 of 3) 4)elected every12 years 5) usually hear cases on the basis of technical legal violation at first tier

Supreme Court

1) Third tier: Will select cases based on state policy needs 2) automatic and direct appellate jurisdiction over death penalty cases 3) 7 members 1 Chief justice and six associate justices 4) re-elected every 12 years

Pre trial Activies

1) Arraignment within 48 hours after arrest on business days only 2) Riverside v. Mclaughlin 3) Presented with crime charges 4) enters plea 5) case opened

Police and Prosecutor

1) P&P briefing 2) decision to file charges 3) officer emotional response 4) deputy D.A. file or not file based on probablity of winning

Grand Jury v. Preliminary hearing

1) prosecutor had choice in CA 2) Not all countries have GJ and Preliminary hearing procedures 3) not all states have GJ system 4) all federal cases go to the GJ

Grand Jury

1) 5th amendment in the const. provides for it 2) between 11 and 23 members, based on county population 3) payed about $100/week 4) sworn secrecy/ non adversarial 5) decided to indict held over to answer based on finding of probable cause

Preliminary Hearings

1) most cases use this method 2) about 2 weeks after arraignment - earliest 3) determination of probable cause 4) held over to answers for charges 5) adversiarial use of discovery, has to disclose evidence to opposing party, only able to to show evidence that is asked for 6) file information go to trail judge. includes every aspect of the case

Plea Bargaining

1) forbidden for certain crimes, attorney needs to be good at negotiating one year to plea ex: murder, rape, serious sex crimes, felony use of firearms, DUI 2) generally weak cases plea out

Pre- trial activities

1) voir dire: to see something, examination of potential jurors, jury selection 2) jury selection process 3) both prosecutors and defense must agree

Trial

1) District attorney 2) defense counsel “ Gideon v. Wainwright” = the right to defense counsel even if can’t afford it 3) Jury in CA= 12 members in criminal cases 4) Florida: 6 person criminal jury 5) can have smaller jury in CA if all parties agree min.six 6) CA unanimous for conviction/other states allow non unanimous criminal verdicts

Trial procedure

1) opening statements 2) Presentation of evidence ex. documents, witnesses, direct examination, cross examination 3) Rebuttals 4) closing arguments 5) jury instructions

Elam Lynds

Warden, sadist. Developed lock step to keep inmates under control. Invented stripped uniforms to easily identify inmates. invented padded cell

Classification

invented by Elam, designated inmates based on dangerous, not dangerous, trustable ect. based on color of uniform. in order to keep inmates in line, made uniforms potato sacks and wore shoes 3x too small

Machine Shop

Ran in total silence to control inmates

Water bath

Pour cold water on someone until they do what you ask. He created funnel device so he can drown you.

Prior to statehood

1) Make shift jails 2) hacienda laws 3) logs, cages, stables etc. 4) private operation

Statehood

1) Large pop. in San Fransisco and Sacramento 2) hounds riot 3) need for permenant jail facility hound riot went on for a week there was no police to deal with problem. San Fran only had 7 police officers who didn’t want to deal with the riots. Jails founded bc of vigilantes

CA’s First Prison / Jail

1) Hulk system- borrowed from the east coast, jail on a boat 150 people 2) The “euphemia” known as the “ corte madera” 3) docked at point quentin

First state supported prison

San Quentin. 2) general vallejo contrsuction company 3) inmate labor/ state purchase of land 4) first cell block opened in 1852

Second Prison : Folsom

1) near sacramento 2) independant administration 3) opened in early 1880s

Third Prison: CIW

1) near tern of century 2) CA Institue for women 3) Tehachapl, CA 4) created due to abuses of women at the Q 5) closed due to location expenses 6) built on San Andreses fault line

Third men prison : Chino

1) CIM , chino 2) completed in 1940 3) contructed for light offenders 4) only prison on so cal

Special needs facility

1) Soledad medical prison 2) created to meet needs of growing feeble minded 3) city had blue light warning incase an inmate escapes, will kill

CA 2 prison system

1) judges had discretion to sentence to separate facilities 2) Folsom was tougher than san quentin 3) san quentin housed men and women 4) both had death row 5) execution by hanging

Why do inmates run prisons today

because of the great depression stock market crash

Theory of least eligibility

why give something more to a poor

Passage of the Ashurst- Summer Act of 1935

1) felony for interstate transportation of prison made goods 2) other laws followed haws- cooper act: allows most states to prohibit the sale of prison made goods 3) sponsored by labor unions

Theory: Clemmer’s idea of Prisonization

1) clemmer warden Illinois department of corrections 2) idleness + total institution = subculture 3) clemmer became inmate in his own prison stock market caused it

Howdy Fish

Fish = person who is inexperienced, first time in jail

Rollin out

Transported from county jail facility by the “ big dog” to the CA department and rehabilitation inmate reception center figure out inmates needs

Inside the fishbowl

1) CDCR reception centers located through state/ southern central and northern regions 2) level 4 facility 3) six week stay until permanent roll out

Classification

1)Series of tests and background info 2) nature of the crime, criminal history and prior institutional history is most important for men 3) for women its age and crime history

Security levels

Level 1: dorm style/ light security

Level 2: dorm style/light medium

Level 3: cell block/ medium

Level 4: cell block/ maximum

SHU

Secured housing unit or “shoe” used for AD SEG Administrative segregation/ solitary confinement

fish row

1) fish get one star and get the out house

2) cons get the five star penthouse

based on status and respect

Making your bones

F and F rule = flight or get fucked

the first weeks you will be tested by cons ex. they leave a candy bar on your pillow take or it leave it. fish initiation

The road to becoming straight up

1) kidness is weakness

2) the twotwer principle

3) show respect its ok to be polite

Get your HUSTLE one

Pruno maker= makes alcohol, hitman= stab or kill someone, trick=gay man, jailhouse lawyer= knows how the law works, pressman, choke n puke, sawbones, mule, candyman= drug dealer, kite maker=hidden notes form of communication, tagger = marked as a target

The prison “ melting pot”

1) backed up by your race

2) be aware of racial alliances

Protect yourself

1) get a car

2) build your hood and motors

3) get a stash of body armor

Dont run your mouth

1) knowledge is power

2) keep to yourself

3). make all moves through “shot caller” person with power

Prison Jargon

Hooke up

ripoff = stealing

cap

tag = target

all dayer = someone w/life sentence

bullet= 1 yr sentence

shank= knife

j-cat = mental issues

house = prison cell

vault-keyster = smuggling contraband

nonexard

short eyes

Probation Background

1) pro. Administered. at county level

2) low-level offenses include felonies

3) started by John Agustus in Boston

4) Controls all juvenile justice issues WIC

5) most adult offenders on probation

John Agustus

invented probation

The probation process/ Step one: referral

1)custody referral = arrest

2) Non-custody referral = complaint

3) 601 WIC = staus offense

4) 602 WIC = delinquent offense

Step 2: intake

1) The complainant signs the application for petition. petition for the juvie court to take jurisdiction over the case

2) intake investigation

3) dismiss

4) counsel and relase

5) initiate informal probation ( 6months)

6) detention/ request D.A to prosecute

Initiate

Most common form of probation

Risk Assessment Score

Give the kid a score based on rubric to decide if they should be released or not

Step 3: Petition

1) petition filed by probation dept. and juvenile district attorney
2) minor “charged” with offenses

3) delinquent offense ( WIC + PC section)

4) must be filed within 48 hrs of arrest

Step 4: Transfer to adult court

1) juvenile waiver

2) 14 to 17 years of age in CA

3) violent offender

4) juvenile system cannot meet needs

5) can be done by a judge, prosecutor or directly by law

Step 5: Detention hearing

1) conducted within 48 hrs of arrest

2) Judge, juvenile district attorney and defense attorney

3) Plea: admit or deny petition

4) decision: released, house arrest, group home, juvie hall detention

Step 6: Pre- trail hearing

most cases end here

1) J.D.A, Parole officer, and defense attorney meet with judge

2) Purpose: adjustments = some minor offenses, knocking off charges reduced and substitutions = changing some charges

3) takes place within 1 and 2 weeks following detention hearing

4) evidence discovery : share evidence

Adjudication hearings

only happen if you go to trail

1) before a superior court judge

2) no jury in most states

3) closed hearing

4) no bail in most states

5) set no later than 30 days from detention

6) if petition sustained, found, involved

7) pre sentence investigation prepared by law

Disposition hearing

1) sentencing hearing

2) experts including P.O can be heard to provide aggravating and mitigating circumstances

3) disposition made in the best interest of the child

4) rehabilitation primary goal

Disposition

1) probation as recommended by PSI

2) pre sentence investigation

3) probation forms: formal probation, FP suspended sentence, split sentence, shock probation and informal probation

Informal Probation

is most used for kids and adults. formal typically given by court order or legal action/ informal given by agencies and P.O

Formal Probation

1) many forms of discretion of judge

2) avergage 3-5 yrs

3) same options for both adults and juveniles

4) majority of clients have not served time in county jail

5) charges for drug testing and other services average $150

Delayed sentencing

1) Sentenced to probation only ( no jail time)

2) DSType: no sentence unless conditions of probation are violated

3) Benefit: if no violation then case dismissed

4) problem: if violation you are sentences and you get no credit for time on probation

suspended sentece type

Sentence is given, but no time served unless probation is violated

probation/ spit sentence

1) serve part in jail and part in probation

2) most common: 1 yr of less in county jail then 3-5 yrs on probation

3) In CA after AB 109 used for prison sentences (up to 3 years in county jail followed by probation)

4) Benefit: credit for time served

Shock Probation

1) given regular prison or jail term

2) granted probation after 1-3 months in custody

3) usually given to non-violent first time offenders

4) designed from minimal life disruptions

Probation Conditions

1) standard conditions: obey all laws, report to PO, notify PO of life changes

2) special conditions: restitution, employment, drug testing, GPS, house arrest, school, stay away from persons

Probationer supervision

1) community safety is the primary goal

2) Regular probation supervision average caseload of 72-200 probationers

3) Intensive probation supervision averages 8-10 probationers

4) team approach: police, probation, and prosecutor

5) probationers are not protected by 4th amendment search and seizure rights

Probation violation

1) technical violation of non criminal conditions of probation agreement ex: carrying phone, out of bounds GPS, not paying for service

2) non technical violation: crimes or criminal circumstances being around a person or situation where crimes committed even DUI

Probation revocation

1) brought before a judge

2) PVH probation violation hearing

3) reinstate probation

4) modify conditions

5) revoke, serve jail or prison time ( 18 months) typical prison sentence

6) can have attorney: hearsay evidence admissible

Other sentences

1) juvenile detention facility/ juvie hall temporary detention

2) state detention facility, formally CA youth authority

3) if tried as juvenile can be held until 25th birthday

4)must be tried as an adult to be transfered

In re Gault 1967

1) creation of some adult rights

2) timely notification of charges

3) rights against self incrimination (5th amendment)

4) right to counsel (6th amendment)

In RE Winship 1970

reasonable doubt

New Jersey v. T.L.O. 1985

reasonable suspicion for school searches ( 4th amendment applied to schools )

Roper v. Simmons 2005

no death penalty

Kent v. U.S

must have hearing before waiver to adult court

Breed v. Jones

cant try someone as a juvenile and then apply for waiver and try as an adult ( double jeopardy)

Tinker Case

schools can regulate students speech ( lewd, racists, etc.)