Criminology Final

Blood feud

A form of personal vengeance and physical violence used to settle disputes before the establishment of formal courts.

Man Price

Pay a fee to the King or to a noble for breaking the peace

Trial by Compurgation

A medieval practice where the defendant could establish innocence by taking an oath, supported by a required number of people swearing belief in the oath.

Trial by Ordeal

Accused had to perform a test that appealed to divine authority to prove innocence

Assize of Clarendon (1166)

An early legal reform in England that established the grand jury system, making crime a public problem rather than private.

Judiciary Act of 1789

Legislation that organized the federal judiciary into a three-part system: Supreme Courts, District Courts, and Circuit Courts.

Judiciary Act of 1891 (Evarts Act)

Legislation that reorganized the federal court system, creating circuit courts of appeals.

Marbury v. Madison (1803)

Established the principle of judicial review, asserting the judiciary as equal to the legislative and executive branches.

McCulloch v. Maryland (1819)

Congress has implied powers to make laws (“necessary and proper clause”); supremacy clause (federal law takes precedent and states cannot make laws that go against federal law)

Jurisdiction

The authority of a court to decide a case, determined by factors such as geography, subject matter, and hierarchy.

U.S. Supreme court

• Highest court in the U.S.

  • 9 justices

• Absolute court of last resort (decisions are final)

• Chooses which cases to hear (“Rule of Four”) (takes four judges to hear)

Case Processing - Review

• Initial appearance in court (probable cause for arrest; bail)

  • Final could have a question where we are asked how many steps apply

• Charging (by prosecutor)

• Preliminary hearing (probable cause for charge)

• Arraignment (formal reading of charges; plea bargain opportunity)

• Trial

Docket

The schedule of cases in a court 

Speedy Trial Act of 1974

Federal cases brought to trial 100 days or less after an arrest

Initial Appearance

• Appearance before a magistrate to assess legality of arrest inform the defendant of the charges on which they are being held

• Should occur within 48 hours of arrest

Bail

Security (e.g., cash) provided to the court by the defendant to guarantee their return to court to answer criminal charges

Full Cash

defendant has to pay full amount of money set by a judge

Deposit Cash

Defendant has to pay a certain percentage of the full amount of money set by a judge

• If don’t show up to court, have to pay the full amount

Unsecured Bail

Monetary amount set by a judge, but defendant does not have to pay any of it before release

• If don’t show up to court, have to pay the full amount

Property Bail

Use a piece of property as collateral 

• If don’t show up to court, lose the property

Surety Bail

Paper bond, property, other valuables instead of money (through bond agent - pay fee)

Released on Own Recognizance (ROR)

No monetary amount set; defendant promises to return for their court proceedings

Conditional bail

Places conditions on the defendant that hey must follow to get released (and stay out of jail)

• Typically paired with another type of bail

Charging

• Usually the decision of the prosecuting attorney

• Can happen by:

  • Complaint: police file directly with court (minor)

  • Indictment: requires grand jury

  • Information: prosecutor has sole discretion and files charges directly with court (requires preliminary hearing)

Grand Jury

• If charging by indictment, grand determines if probable cause for the charge(s)

  • Have to be used in federal felony cases 

  • Does not have to be used in all state cases (varies by state)

Bench Trial

A trial conducted without a jury, where a judge hears and decides the case.

Pretrial Motions

• Pretrial Motions

  • Motion for discovery

    • Prosecution has to provide Defense with evidence they’ll use

    • Relates to 6th amendment due process and right to “fair trial”

    • Motion to determine competency

  • Motion for change of venue

    • Ask to move to different jurisdiction

  • Motion for continuance

5th Amendment

• Prohibits self-incrimination

• Prohibits double jeopardy

• Indictment by grand jury

6th Amendment

• Right to an attorney

• What did we say about the 6th amendment in the policing unit? 

• Right to a speedy trial

• Rights to witnesses

8th Amendment

• Prohibits excessive fines and excessive bail

• Prohibits cruel and unusual punishment (humane)

14th Amendment

• Protects right to due process

Plea Bargaining

The process whereby most cases are settled, allowing defendants to plead guilty to lesser charges instead of going to trial.

Primary courtroom workgroup

Judge, Defense Attorney, and Prosecutor

Going Rates

• standard, predictable punishments for normal crimes (to go against norm, needs to be good reason why)

  • Plea bargains

Other courtroom personnel

• Bailiff - courtroom security

• Court reporter - documents live testimony

• Clerk - organizes all logistics, docket/schedule, preparing official records, etc.

Before Prisons

• Corporeal punishment

  • Death

    • Crucifixion

  • Physically painful punishments (e.g., whipping)

• Exile from the community

• Shaming

  • Stocks and pillory

Early Jails

• Early jails in the U.S. colonies resembled England 

  • Unsanitary

  • Everyone kept together (males, females, all types of offenders)

Development of Prisons

• Penitentiary Act in 1779 in England

• Jeremy Bentham’s panopticon idea

William Penn

Imprisonment as the punishment in and of itself, rather than a method for holding people until the corporeal punishment

Pennsylvania Mode

• Eastern state penitentiary

  • Prisoners were all put in solitary confinement for an indeterminate time period

    • Silent and separate model

      • Supposed to reflect, become remorseful for their behavior, and change their ways

New York Model

• Auburn Prison

  • Congregate but silent

  • Prison uniforms

  • During the day, prisoners were supposed to find redemption through hard manual labor

    • Chain gang

Jails

• Jails are locally operated facilities

  • Hold people awaiting court appearances

  • Hold people sentenced to less than 1 year for low-level misdemeanors

Prisons

• Prisons are state-run (mostly… some private prisons)

  • Hold people sentenced to more than 1 year (typically for felonies)

  • Everyone in state prisons have been found guilty of a crime (either through a guilty plea or a guilty verdict at trial)

State Prisons

• Hold convicted offenders with sentences greater than 1 year

• Operate by security level and segregated by offender gender, age, and offense category

• State department of corrections operates the state prison system

• Different roles for staff in prison

  • Wardens, Correctional officers, etc.

Total Institution

A setting where individuals are cut off from broader society, functioning under strict control by authority figures.

Prisonization

The process by which newly institutionalized offenders come to accept and adopt prison lifestyles and criminal values.

Sentencing Guidelines

Recommendations provided to judges concerning the appropriate sentence based on offense gravity, criminal record, and other factors.

Mandatory Minimum

• Required minimum incarceration time for certain offenses

  • Applies to some felonies and some misdemeanors

Diversion Programs

• Least restrictive of community corrections sanctions

• Rehabilitation-oriented sentencing

• Examples: Residential faith-based treatment programs, drug programs, juvenile justice programs

Probation

• Serve sentence in community instead of being incarcerated

  • Report to probation officer

• Most common form of criminal sentencing 

• Probation sentence is decided by a judge during sentencing

• Probation can be revoked if don’t follow the rules

Parole

• Early release of a prisoner into the community to serve the remainder of their sentence

  • Report to parole officer

• Parole is decided by a parole board

Intersectionality

A framework for understanding how multiple social identities overlap, creating unique experiences of advantage or disadvantage.

Intermediate Punishment

A punishment that allows offenders to remain in the community under stricter controls than regular probation.

Community Corrections

Program-based sanctions that allow convicted offenders to remain in the community under supervision.

Net Widening

The phenomenon where criminal justice programs involve more individuals in the system than would otherwise be the case.