Criminal Justice Quiz 4

Initial Appearance in Court

When the judge inquires if the arrestee can afford an attorney and decides if they can be released before further proceedings take place (setting bail)

Release On Bail

• Most people have the opportunity to be released on bail, and they get their money back if they appear at their scheduled court date.

• Does not apply to capital murder cases

• 8th Amendment prohibits excessive bail

• Several states have abolished cash bail

Factors that influence Judge decision regarding bail (4 of them)

• Severity of the crime 

• prior criminal record 

• employment status 

• strength of ties to the community

Preliminary Hearing

The prosecutor presents all the evidence in a case to a judge 

Arraignment

Requires the defendant to declare if they are guilty of the charges. If they plead not guilty, it goes to trial, but most cases end with a plea bargain.

Plea Bargain (what it is and how frequent)

• A deal between the defendant, prosecutor, and defense attorney. If the defendant pleads guilty, they get a less severe charge.

• Judge must approve this bargain before it is executed.

• Benefits both the prosecutor and the defense attorney 

• 90% of cases 

Discovery Phase

When there is no guilty plea, the prosecutor has to share all the evidence the have with the defense attorney, including any exculpatory evidence. 

If they don’t, the case could end in a mistrial and the defendant could be released. 

Trial Jury Selection - Venire

a panel of prospective jurors compiled from public sources that are questioned by the prosecutor, defense attorney, and judge

Methods of disqualifying potential jurors (2)

Challenge for cause: determination that they can’t be impartial

Peremptory challenge: prosecutor and defense attorney can object to a certain number of people without providing reason

Women on juries

Women could not serve on the jury until mid-1970s. Established by Taylor v. Louisiana.

Women on pre-trial

Some studies show women are treated less harshly with respect to bail and plea-bargaining decisions, but evidence is mixed. 

African Americans on pre-trial

They are less likely to be released on bail than white defendants and less likely to receive a favorable plea bargain.

African Americans on juries

In Norris v. Alabama it was determined that they could serve on juries (1935) and the exclusion of African Americans was outlawed in Batson v. Kentucky (1986)

Bench Trial

criminal trials that are presented in front of a judge that determines guilt. Defendant needs to waive their right to a jury. 

Stages of a Criminal Trial

1. Presentation of Opening statements 

2. presentation of evidence 

3. presentation of closing arguments 

4. jury deliberation 

5. reading of the verdict 

6. sentencing 

Opening statements

Opened by the prosecutor who tells what they expect the evidence in the case to demonstrate. Defense attorney goes next, and prosecutor is not allowed to respond.

Types of Evidence allowed in trial

• witness testimony

• fingerprint evidence 

• objects like weapons or drug paraphernalia 

• DNA reports 

• Digital or paper documents 

• Photographs and video or audio recordings 

Direct Evidence

Does not require interpretation by the jury or judge.

Circumstantial evidence

Evidence that is less conclusive. (DNA found at the scene, a witness testifies that they saw them near the crime scene)

Hearsay rule and exceptions 

Prohibits witnesses from testifying about matters of which they have only indirect knowledge. 

Dying declaration: statements made by someone who thinks they are going to die

Excited utterance: statements made during a stressful event 

Reputation concerning character: information about the reputation of the defendant 

Presentation of evidence

• The prosecutor presents evidence first 

  • Can’t force the defendant to testify 

  • The witnesses that testify on behalf of the prosecution can be cross-examined by the defense attorney 

• After the prosecutor rests the state’s case, the defense attorney begins to present exculpatory evidence on behalf of the defendant 

  • Follows a similar process as before, with questioning 

Federal Rules of Evidence

• proper procedure for introducing evidence

  • Describes the types of evidence that are admissible in court  

Closing Arguments

Summarizing evidence, normally prosecutor goes first and gets a rebuttal most of the time. In Mass, defense attorney goes first. 

Jury Deliberation

No time limit and the judge instructs the jurors on the laws that were violated. Need evidence beyond a reasonable doubt for guilty verdict. 

Sequestered

When jurors are isolated from the public in high profile cases

Guilty Verdict

All 12 members have to agree that they are guilty. Ramos v Louisiana ruled that guilty verdicts in states had to unanimous too (not simply 9 jurors out of 12)

Hung Jury

• a non-unanimous verdict 

  • Judge declares a mistrial 

  • Defendant is released but can be retried at a later time if new evidence is found 

Acquittal

Not guilty and cannot be tried again

Jury Nullification

the jury has the option to disregard the law and acquit a defendant who is guilty beyond a reasonable doubt if they believe the law that was violated was unfair 

Types of sentencing

• community service

• monetary fines

• supervision in the community

• a jail sentence of less than one year 

• A prison sentence of 1+ years

• Death

Mitigating factor

Reduces severity of blame/punishment but does not ignore the crime

Aggravating factor

Increases the severity of blame/punishment

Indeterminate sentencing

Criminal defendants were sentenced to a range of years, where the release date was decided by the parole board. (had to do the minimum number of years in the range).

Structured Sentencing 

Fixed prison terms and the parole board isn’t used anymore. Release on parole was abolished at the federal level and in 16 states.

Sentencing Reform Act of 1984

Mandatory minimums for federal offenses

Violent Crime Control and Law Enforcement Act of 1994

Inmates had to serve 85% of their sentence before they could be considered for release and implemented the 3 strikes law at the federal level

Capital Punishment Trials

• Trials that involve crimes that are punishable by execution 

• 27 states and the federal court system have the death penalty

• Juries in capital trials are more likely to be sequestered 

• Capital cases include bifurcated trials

  • One trial to determine whether the defendant is guilty 

  • Another trial to determine whether the death penalty is a suitable punishment

Number of people on death row

2,331, 98% of which are men, 41% are African American, and 14% are Latino

Methods of execution

• Lethal injection (primary method, declared as not being cruel and unusual punishment)

• Electrocution 

• Gas 

• Firing squad 

• Hanging 

Number of people on probation

3,600,000 people, this is the majority of the correctional population

Goals of community supervision

• Punish offenders for their behavior 

• Reduce the cost of processing them in the system 

• Reduce recidivism rates 

• Reduce stigmatization of offenders 

• rehabilitation of offenders 

• Restorative Justice 

John Augustus 

The father of probation, began in 1841, he was a volunteer probation officer from 1841-1859

Probation Act of 1925

When probation was introduced into the federal court system 

Private Probation

in 10 states probation can be provided by private companies, and individuals need to pay fees for services. 

Intensive supervision probation

have to report more frequently to the officer and there are regular visits to their home 

Electronic monitoring 

Wear an ankle or wrist monitor

Home Confinement

Can’t leave their house

Shock probation

split sentence between incarceration and probation

Confinement in a halfway house

Have to report back to a residential facility every night by a certain hour

Boot Camps

Military environment facility

Conditions of community supervision

•Gaining and maintaining employment

•Visiting the probation office regularly

•Notifying the probation officer about a change of address or job

•The probation officer makes unannounced visits to the offender’s home and workplace

•Avoiding contact with people who have a felony record

•Avoiding contact with former victims

Agreeing to unannounced drug tests

Special Conditions of Community supervision

•For sex offenders, avoiding jobs and places of residence that facilitate contact with children

•For offenders with substance abuse problems, enrolling in drug or alcohol treatment and refraining from using these substances

•For offenders who have committed violent offenses, mandatory counseling or anger management classes

•As mentioned before, high-risk offenders may need to visit the probation office more frequently

•Imposition of a curfew and wearing an electronic monitor

How can probation be revoked?

An arrest for a new crime or a technical violation. 7% of probationers were incarcerated after their probation was revoked.

Factors that increase the likelihood of recovation

•Being male

•Being single

•Younger age

•Unemployment

•Lower educational achievement

Intermediate sanctions that fail to reduce recidivism

•Intensive supervision

•Shock probation

•Correctional boot camps

•Disorganized treatment programs

•Home confinement in combination with electronic monitoring

Probation Officers

They are law enforcement officers and social workers. They are not required to carry a firearm, but many are authorized to. They investigate (25%), do risk assessments and classification, and supervise

Components of a Presentence Report

•Description of the crime provided by the police

•Offender’s prior criminal record

•Childhood experiences

•Family and peer relationships

•Educational and employment record

•Information on substance abuse and mental illness history

•Statements by the offender and the victim

Static Risk factors

Factors that can’t be changed:

•Prior arrest and incarceration history

•Prior history of psychiatric hospitalizations

•Childhood experiences (e.g., severe abuse)

Dynamic Factors

Factors that can be changed:

•Substance abuse

•Severity of mental illness symptoms

•Employment status

•Marriage status

•Number of criminal friends

Diversity among people on probation

75% men, 54% white, 30% African American, 14% Hispanic

Remote alcohol detection devices

detect presence of alcohol is a person’s sweat

Early Punishments

Stocks and pillory

flogging 

hanging

Who led to transition away from early punishment? 

The Quakers during the enlightenment

The Pennsylvania System

• Also known as the separate system 

• Adopted by the first prison in the US 

  • The Walnut Street Prison in Philadelphia 

• The inmates served their entire sentence in solitude 

The Auburn System

• Also known as the congregate system 

• Emerged in the early 1800s in Auburn, New York 

• Inmates were housed in one-person cells 

  • Allowed them to reflect on their crimes 

• They ate and worked together outside their cells, unlike the Pennsylvania system 

  • Had to be silent while congregating 

• Discipline was imposed using corporal punishment 

• The beginning of prison labor 

Convict Leasing system

• Inmates were sold to private business owners 

  • The state no longer had the responsibility of housing and supervising inmates who had been sold 

• Prevalent in the south after slavery 

• Abolished in 1940s

Contract system

• Inmates worked for private companies 

• The companies paid the prisons for the labor 

  • Inmates received little to no pay for their work 

• In contrast to the convict leasing system, the inmates remained under the prison’s supervision 

• This practice continues today 

Just Deserts

Focuses on punishing offenders are harshly as possible

•Longer, determinate sentences

•Much lower likelihood of early release for good behavior

•Low availability of treatment programs

•Poor working conditions in prison

Solitary confinement

Contemporary Prisons and components of risk assessments

• Houses offenders who have been convicted and sentenced to more than one year of incarceration 

• The level of security to which an inmate is assigned is determined by a risk assessment conducted by a classification officer. Components include:

  • History of violence 

  • Extensiveness of prior criminal behavior 

  • Gang membership

  • Length of sentence and risk for escaping the facility 

  • Mental health and substance problems 

Contemporary jails

House both individuals who have been convicted of crimes and those who have not been convicted yet

About 550,00 people in jails across the US

Typically more than 10 million admissions to jail per year

Types of jail inmates 

• Offenders who have been convicted of certain misdemeanors and sentenced to less than one year of incarceration 

• Offenders who are awaiting their arraignment 

• Offenders who have pleaded not guilty and are awaiting their trial 

  • Were not granted bail or could not afford it 

Solitary Confinement

Isolation of inmates from the rest of the prison population