exam 2, CJl3038. ALL DEF 2026

Miranda V. Arizona (1966)

Landmark case establishing the requirement for police to inform suspects of their rights, including the right to remain silent and the right to an attorney.

Packer, 1964

Reflected on the two competing models of criminal justice ( due process and criminal control model)

Due Process Model

Focuses on protecting individual rights and ensuring fair treatment under the law, emphasizing the presumption of innocence and the burden of proof on the prosecution.

Crime Control Model

Prioritizes the efficient detection and punishment of criminals, advocating for swift justice and the reduction of crime through strict enforcement.

Elizabeth Kaylor, 2014

said to use Packer's crime control and due process models to evaluate the policy debate about evidence exclusion at trial ( stemming from 4th amendment). She mentions the exclusionary rule, the fruit of the poisonous tree doctrine, good faith exception, ind source exception, attenutive exception, and ind discovery.

The Exclusionary Rule

is a key aspect of the Due Process Model, preventing the use of illegally obtained evidence in court, reflecting the balance between individual rights and societal interests.

The fruit of the poisonous tree doctrine

is a legal principle stating that if the original source of evidence (the "tree") is tainted by an illegal search, seizure, or interrogation, any subsequent evidence derived from it (the "fruit") is also inadmissible in court. The "Tree": The initial constitutional violation, such as an illegal entry & The "Fruit": Any physical evidence, witness testimony, or secondary confession subsequently found as a direct result of the initial violation.

Judicial discretion

allows judges to make decisions based on the circumstances of each case, which can lead to sentencing disparities.

The Sentencing Reform Act of 1984

aimed to reduce unfair sentencing disparities, make sentences more consistent for similarity, and increase transparency. But has been criticized for contributing to mass incarceration.

Klein (2016)

-Discusses the Sentencing Reform Act of 1984, the balance between sentencing equality and judicial discretion, and mass incarceration.

-She believes reducing mass incarceration is more important, even if greater discretion may increase some sentencing disparity.

- Mnemonic ("KLEIN = Keep Limits on Everyone Involved in sentenciNg")

Mass incarceration

an unusual, high number of people are imprisoned in the U.S compared to other countries.

United States v. Booker

illustrates the shift towards advisory sentencing guidelines rather than mandatory ones, which increased judicial discretion but also led to greater disparities.

Jury Nulification

(discretion) privilege to go against the rules, to act as a free and equal agent.

Police discretion:

refers to the ability of law enforcement officers to make choices in enforcing the law, which can vary based on situational factors.

Falcone, 2005, p.197: & Hayden, 2020

Police are expected to have a large number of duties

- Hayden discussed law enforcement AGENCIES

Smith, 1960

Five (Informal) types of public Law Enforcement Systems: 1) Federal gov 2) State police and criminal investigation of 50 states 3) sheriffs in more than 3,000 counties 4) City police officers and 5) village/ town police officers. All in a military-like command, more divisions=more departments.

Moskos, 2008

(Greeks=empathy) Police officers cannot do their jobs without some discretion. For example, every statute cannot and should not be enforced. Allows for peacekeeping; however, bias in enforcement.

The Federal Law Enforcement Training Centers' Use-of-Force Model

outlines how officers should respond to different levels of resistance, emphasizing the need for discretion in potentially violent situations. 1) Compliant leads to verbal commands. 2) Resistant (passive) leads to contact controls. 3) Resistant (active) leads to compliance techniques. 4) Assaultive leads to defensive tactics. 5) Assaultive ( serious) leads to deadly force.

Wilson, 1968

Policing styles, watchmen, legalistic, and service styles.

Watchmen style

maintaining peace, public order. An informal mechanism for peace. However, characterized by corruption, under-enforcement, and low arrest rates.

Legalistic Style

Opposite of watchmen. The least amount of discretion. Treats all situations as if they were serious infractions of the law. However, leads to high arrests, traffic tickets, harassment, and police brutality, and is technically efficient.

Service style

Balanced approach of both watchmen and legalistic style. Fewer arrests for minor infractions, community relations, includes community policing element. A moderate amount of discretion was used. Focuses attention on problems that lie behind incidents rather than just the incidents.

Plea Barganing

Negotiation between the prosecutor and the defendant's lawyer; "incentive or trading" with the defendant for admission of a lesser sentence.

Why would someone falsley plea guilty?

The shadow of trial, all plea barganing have potential to go to trial. So, the probability of conviction is taken into account. which is tripled sentence if they go to trial and lose.

Consequences of prosecution discretion

Hate crimes, and how little we know about prosecutors' discretion.

Curtis (1951)

emphasizes the role of attorneys who zealously use their role in ensuring that all sides of a dispute are presented, advocating for the rights of their clients within the adversarial system. Lawyers represent due process and wave to individuals VS. Prosecuters represent the gov and the crime control model.

Frank, (1950)

Believes the system is so excessively competitive that it prevents the discovery of truth. Created the fight and truth theory. There cannot be justice without truth.

Fight theory

The truth emerges when both sides argue as strongly as possible, through aggressive advocacy.

Truth theory

Views trial as an investigation where judges and juries attempt to gather all available evidence and determine the truth.

Mills, 1971

The case of attorney Martin Erdmann, who represents poor legal defendants. Clashes with a prosecutor when a client is pressured into plea bargaining. He argues that the system prioritizes efficiency over justice. Highlighting the tension between efficiency and justice

Buried Bodies Podcast

Serial Killer Robert Garrow confessed to his lawyers and told them where two buried bodies were. Two lawyers, Frank and Francis, could not tell anyone under the attorney-client privilege. Although they fought behind their moralities. This story represents that every defendant deserves vigorous representation and lawyers must fulfill their roles to uphold the adversarial system.

Equality V. Discretion

Entangled leads to outcomes that affect each other.

Equality

Behaving equally (horizontal)= Same consequence and treatment for all people who commit the same crime (Punishment of Proportionality).

Discretion

The use of judgments about the circumstances of certain offenses. Why this occurred and prevention in the future (therapeutic law).

voir dire

process is critical in jury selection, allowing attorneys to challenge potential jurors based on biases that may affect their impartiality.

Batson v. Kentucky (1980)

established that jurors cannot be excluded based on race, reinforcing the importance of diversity in jury composition.

Flowers v. Mississippi (2019)

further emphasized the unconstitutionality of racially biased jury selection practices, highlighting ongoing issues of racial bias in the justice system.

Sommers & Marotta (2014)

discuss how race affects legal outcomes at every stage, from policing to trial, necessitating policy solutions to improve jury diversity and address implicit biases.

What influences whether a police officer is likely to exercise discretion?

Offender Variables: Adults Vs. Juveniles, race, gender, and mental health

Situation variables: Criminal vs. other matters, presence of weapons, types of property, initiator

system variables: affect how police enforce, court availability, quotas, and community resources