SOC 419 Exam 2

thanks izzy

criminal trial

- usually plea bargains

- or defendant can opt for a jury trial

jury trial

- 12 people listen to the evidence and decide who wins the case

- must reach a unanimous verdict

Hung Jury (Mistrial)

- non-unanimous outcome

- up to prosecution to try again, double jeopardy does not apply, applies to federal & state law

bench trial

- A trial in which the judge alone hears the case

- shorter, cheaper, complex legal issues over socially & emotionally charged topics

jury trial

better for criminal defendants (have to convince 12 vs 1)

civil cases

defendants want bench trial while plaintiffs want jury trial for more money

strains for jurors

- conscripted then scrutinized

- service entails practical & financial costs

- manipulated in court

jury racial composition

affects outcomes of cases, especially in some contexts (death penalty cases)

Florida felony trial study

juries from all white pools convict black felons 16% more often

Capital Jury Project

- B/W homicide cases without black male jurors have a higher death penalty rate than those with just one black male juror

- even an increase in just one white male juror increases the death penalty rate

constant; increased

some studies argue race effects are overestimated, as conviction rates have stayed largely \____________ over time as diversity has \_____________

white

prior to 1960s, juries were primarily \___________

federal reforms

- 1968 Jury Selection & Service Act

- 1970 Uniform Jury Selection & Service Act

less; warranted

people see trials as \_______ trustworthy and fair when juries are homogenous, which suggests that attention to jury composition is \____________ even if there was no effect on the outcome

settlements

- plea bargains most common in criminal trials

- court systems lack capacity to offer trials to any large percentage of defendants

remedy

what happens as a result of legal liability in a case

exclusionary rule

a law that prohibits the use of illegally obtained evidence in a criminal trial

sue for damages

- punitive

- compensatory

cause of action

A claim that, based on the law and the facts, is sufficient to support a lawsuit

Bivens v. Six Unknown Federal Agents

to sue federal officials

Section 1983 of Title 42 of U.S. code

to sue state officials

Monroe v. Pape

citizens entitled to sue individual officials for damages

Monell v. Department of Social Services

can sue cities under limited circumstances

damages for constitutional violations

- compensate for injured parties

- deter official misconduct

- government always pays damages that go to plaintiffs, rather than the defendant paying

Miranda v. Arizona

Supreme Court held that criminal suspects must be informed of their right to consult with an attorney and of their right against self-incrimination prior to questioning by police or they may sue under Section 1983

Vega v. Tekoh

- violating Miranda is not the same as violating the 5th

- the rules are different from constitutional rights

Harris v. New York

evidence obtained in violation of Miranda may be used only to discredit credibility of defendant as a witness

Hudson v. Michigan

Exclusion is not an available remedy for violations of the "knock and announce" rule in the execution of search warrants

8th Amendment

no excessive bails, fines, or cruel and unusual punishment

electric chair

- was used to replace hanging

- took 8 mins for the first to die

- 9 states still have it

Gary Commission

NY reviews methods of the death penalty

lethal injection

- 900 cases in 20th century

- nazis first used it

Glossop v. Gross

permits the use of the lethal injection drug despite its issues

alternative

a person can only challenge their method of execution if they provide an \_________________ method

constitutionality of the death penalty

unchallenged until the 1960s

due process, equal protection, and prohibition of cruel and unusual punishments

3 rights that challenge the death penalty

Furman v. Georgia (1972)

Found that the imposition of capital punishment was often racist and arbitrary. Court ordered a halt to all death penalty punishments in the nation until a less arbitrary method of sentencing was found

Gregg v. Georgia (1976)

Upheld new Georgia death penalty laws requiring dual-phase trial and special circumstances; capital punishment does not constitute cruel & unusual punishment of 8th Amendment

two guidelines States must follow for death penalty

1. must provide criteria to direct & limit death sentencing discretion

2. must allow the sentencer to take defendant's history & character into account

retribution and deterrence

2 functions the death penalty serves

Sumner v Shuman (1987)

death penalty cannot be made mandatory for certain crimes

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

sound mind

the death penalty does not show trends of deterring crime because perpetrators are not of \_________________ when they commit crimes

Broken Windows Theory

a theory proposing that even small acts of crime, disorder, and vandalism can threaten a neighborhood and render it unsafe

Criminogenic Community

A place where the social forces that create criminals are far more numerous and overwhelmingly stronger than the forces that create virtuous citizens

academics

BWT is the best example of \___________ having influence on legal authorities

cross the line

In a criminogenic community, disorderly people are more likely to...

leave

In a criminogenic community, those who are not disorderly inclined will...

Broken Windows Policing

Policing that emphasizes maintaining public order, based on the theory that unattended disorder breeds crime

William Bratton

- commissioner of NYPD

- reengineered (decentralized) NYPD and implemented Comstat

- goal was to measure crime and allocate police resources

criticisms of BWP

over policing, contributes to mass incarceration, racial disparities, escalates violence, affects police/community relations

crime drop of the '90's

- not statistically related to BWT

- occurred throughout country

- decreased more in some areas without BWP

1992

anti-gang loitering ordinance

89; 42

1993-95 there were \______k orders to disperse & \______k loitering arrests

1999

the anti-gang loitering ordinance was struck down in \________ as unconstitutional because it gave police too much power to decide who was/was not a gang member and you cannot arrest people for standing on the sidewalk

Gary McCarthy

- CPD Superintendent 2011-15

- not afraid to take unconventional steps

- Bratton's right hand man, and figure behind CompStat in NYC

CompStat

what was the prime means of implementing BWT

police resources; forecast crimes

CompStat allocates \___________________ where crimes are documented and attempts to \______________

ratchet effect

when it is only acceptable for something or a situation to move in one direction (crime rates can only go down or someone else is responsible)

real crime rates

what actually happens

appearance of crime

what people think happens

decreasing

police are incentivized to make it look like crime is...

recategorize

police \_________________ crimes to make it look like the crime rate has gone down/decrease evidence of violent crime

investigatory vehicle stops

- Whren v. U.S. gave police this ability

- Epp. et al. "Pulled Over" book investigates this

- ups the discrimination factor unintentionally

traffic stops

\___ are among the most frequent activities that a law enforcement officer performs

automobile exception jurisprudence

- Carroll v. U.S. 1928

- officer needs probable cause to search a vehicle

2.7

black drivers are \________ more likely to experience a traffic stop and usually suspect to longer, more punitive & intrusive stops

Baltimore PD

- problems were systemic

- unconstitutional arrests specifically arresting black men

Police Interrogation

- A process whereby the police interview a suspect for the purpose of gathering evidence and obtaining a confession, often involving psychological methods and biases

- it is a central part of the CJS to. obtain confessions

rule of law

written law is what rules, no one else is above it

Richard Leo

- has observed hundreds of police interrogations

- concludes that american police interrogations consciously & strategically manipulative & are deceptive

Leo core contradiction

need to solve crimes produces reliance on persuasion, fraud, & deceitful methods

Leo related contradiction

- law requires confession to be voluntary, but they are presented as only option

- confessions are damning in court, but often unreliable

fundamental goals

current version of police interrogation fails to fulfill \____________________ of U.S. legal system

police interrogation

does not do enough to check state power, protect individual rights, or promote truth finding

mock jury findings

many people are willing to convict hypothetical convicts even in the presence of DNA evidence

police manipulation and coercion

Leo thinks people confess because of...

1/4

more than \______ of convictions overturned with new DNA evidence involved self-incrimination which is unusual

capitalize

police \_____________ on people's misunderstanding of their rights and the legal system

informants

people inform on others if they have leverage

Skolnick (1966)

"The Informers Payoff"

- police use "carrots & sticks to incentivise informing or de-incentivise keeping quiet

inelastic (not predictable)

supply of incriminating information is...

David Gray

concerned with the 4th Amendment because of increase in surveillance technology and that we need doctrine modernization

England

general warrants

Colonies

writ of assistance

Mapp v. Ohio (1961)

Extended the Exclusionary Rule to the states, increasing the protections for defendants

Katz v. US

This 1967 Supreme Court case prohibited illegal eavesdropping and extending the zone of privacy to include the home, office, person, and immediate public arena.

Katz Test

1. Subjective (actual) expectation of privacy?

2. Is expectation one society will recognize as reasonable?

- used to determine if the action was a "search"

Mens Rae

Mental state

not a search

- garbage outside

- open field

- prison cell

- dog sniff

search

- curtilage

- business property

- private parts of public places

- email

Curtilage

the area immediately surrounding the home

Post-Katz Doctrine

- public observation doctrine

- third party doctrine

- rules on standing (legal right to file suit)

Gray's suggestions

- limit surveillance via wiretap act style remedy

- action under collective-right theory of 4th amendment

- update to contemporary lifestyle

US v. Jones

Installing a GPS tracking device on a vehicle and using the decide to monitor the vehicle's movements constitutes a search under the Fourth Amendment

Riley v. California

Cannot search cell phones without warrants

Carpenter v. U.S. (2018)

digital records/evidence cannot be gathered/investigated without a warrant (4th amendment)

Erving Goffman

- figure in symbolic interactionism

- pushes back on idea that humans solely use rational calculations, but instead use social norms and facts

- dramaturgical theory

Dramaturgy

an approach pioneered by Erving Goffman in which social life is analyzed in terms of its similarities to theatrical performance

self-esteem

we need a clear distinction between front and back stage to maintain our \_____________