Criminology Exam 4 Review

Bail Bond Agent

Referred to as bail bondmen/women, private business people who loan money to defendants who lack the money to make bail, licensed by the state and choose their own clients, usually for a fee of 10% of bail amount, not obligated to provide bail money for every defendant

Bounty Hunters

Referred to as bail enforcement agents, seek out fugitives for a monetary award, they are paid a percentage of the bail if they can bring back the fugitive, before they can act usually a judge must issue a bench warrant which authorizes the immediate arrest of a suspect, can also enter suspects’ homes unannounced and transport them across state lines

Bail Amounts

Some factors that influence bail amount are the seriousness of the crime, the defendant’s prior criminal record, the dangerousness/safety of community, etc.

8th Amendment

Does not guarantee a right to bail; instead it guarantees the right to no excessive bail. Because the accused is presumed to be innocent, bail is not supposed to be used as punishment

Problems/Criticisms of Bail

Discriminates against poor defendants. Research findings: poor people and people of color suffer from the bail process

Bail Reform Movement (1960)

A movement developed to try to change the bail system in the U.S. Research suggested that defendants who were not released pretrial were convicted more often and sentenced to longer sentences

Release on Recognizance

Pretrial release granted on defendant’s promise to appear in court because judge believes defendant’s ties in community guarantee he/she will appear in court

Current Bail Reform Efforts

Politicization of Criminal Justice Issue

There were politicized claims that the rise was due to criminal justice reform in liberal leaning jurisdictions. Evidence suggests that broad national causes (rather than local policy changes) are what led to increases in violent crime

Initial Appearance

What happens during initial appearance?

The defendant is brought before a judge, informed of charges, advised of right to counsel, told bail amount (if granted bail)

Arraignment

The step at which the accused is formally charged with a crime and asked to enter a plea

What follows an initial appearance?

Arraignment

What is the nature of preliminary hearings?

It is a system to establish whether there is probable cause to bind the case over to trial, it is conducted before a judge, open proceedings, prosecution and defense attend, witnesses may be confronted

Who makes the decision as to whether there is probable cause to bind over the defendant?

The Judge

What does the prosecutor issue if the judge rules there is probable cause?

Information which is the formal charge against the defendant

What is the purpose of the grand jury?

Serves the same function as a preliminary hearing: determines if probable cause exists for defendant to be “bound over for trial”

What is the nature of grand jury sessions?

They are an investigative and accusatorial group of citizens representing the people of a jurisdiction, common qualifications are; being a resident, al least 18 years old, citizen, and speck english

What is an indictment?

A formal list of the charges against the defendant

What are the steps before an arraignment for felonies?

For felonies its initial appearance, preliminary hearing and/or grand jury, arraignment

Guilty Plea

No trial, sentencing hearing date is set, is the most common plea

Not Guilty Plea

Trial date is set

Nolo Contendere

“I will not contest it” Defendant is treated as if pleaded guilty, cannot be used as an admission of guilt in civil court

What is a plea bargain?

The process by which the accused and the prosecutor work out a mutually satisfactory conclusion to the case, subject to court approval

What factors affect the decision to plea bargain?

Seriousness of the offense, defendant’s prior record, the type, strength and admissibility of evidence in the case

Pros of Plea bargaining

Reduced costs, improved efficiency, allows prosecutors to concentrate on serious cases, ensures prosecutor a “conviction” For defendant: lighter sentence, knowledge of punishment

Cons of Plea Bargaining

Encourages defendants to waive constitutional rights, results in less sentences, may result in sentencing disparities, may coerce innocent to plead guilty

What are the roles of judges and juries in a criminal trial?

Juries decide questions of fact. Ex. Was the witness telling the truth? Is the defendant guilty beyond a reasonable doubt? Judges decide questions of law. Ex. Should this piece of evidence be allowed in this trial? Instructions to give the jury

Jury Trials

A legal process by which members of the community evaluate facts to determine if the government has established legal guilt (guilt beyond a reasonable doubt) according to legal standards

More of jury trials

Criminal jury is traditionally comprised of 12 citizens, jury verdicts must be unanimous for the defendant to be acquitted or convicted

Master Jury List

(Jury Pool) which contain approximately 1,000 names of citizens randomly selected from the community, in an effort of ensure the braodest inclusion of people, most jurisdictions use several sources for the names of possible jurors

What are the qualifications to serve on a jury

Being a US citizen, being at least 18 years old, being a residence of the jurisdiction in which the trial is held, possession of natural faculties (being able to see, talk, feel, smell), knowledge of the english language

Venire

Is the term that is used for the group of peoples who receive these summonses (Ex. people who are notified by the clerk of court that they have to appear in court for jury duty) From the latin word meaning “to come”

Voir Dire

Used to question prospective jurors. Attorneys question prospective jurors about their background, if have they have any knowledge of the case, whether they know any of the participants in the case, etc. The purpose of it; to see if person is qualified to serve on a jury and to screen out those how might be biased or incapable of making a fair decision

Challenges for cause

If a prosecutor or defense attorney exercise a challenge for cause, they are requesting the judge to dismiss a person from a jury panel for a legitimate cause (ex. there is a specific reason to believe the person cannot be fair, unbiased, or capable of serving as a juror. It is up to the judge to decide if the prospective juror should be dismissed, the number of challenges for cause is unlimited. Request to dismiss a person from jury panel for a legitimate cause. UNLIMITED

What are peremptory challenges?

This type of challenge enables attorneys to excuse jurors for no particular reason or for undisclosed reasons, attorneys may use peremptory challenges to exclude jurors they think will be unsympathetic to their arguments. the number of peremptory challenges that each side can exercise is limited. Request to excuse jurors for no particular reason or for undisclosed reasons. LIMITED

Batson v. Kentucky

Batson was an African American man who had been convicted of 2nd degree burglary and other offenses by an all white jury. The Supreme Court ruled that prosecutors cannot use peremptory challenges to exclude jurors on the basis of race because this violates the defendant’s right to an impartial jury

What are some problems with peremptory challenges?

Prosecutors cannot use peremptory challenges to exclude jurors on the basis of race. Courts have readily accepted prosecutors explanations for why they excluded African Americans. So it if often difficult for a defendant to successfully argue that there was discrimination by the prosecutor in excluding jurors

Opening Statements

Opening statement by prosecutor. Purpose: to provide a factual outline of the case the prosecutor intends to prove

Opening statement by defense: Usually stresses that prosecutor must prove case beyond a reasonable doubt

Direct Examination

First examination of a witness conducted by the side of whose behalf the witness was called

Cross Examination

Examination of a witness by the party opposed to the one who called the witness

Closing Arguments

Arguments made by each side after the cases for the prosecutor and defense have been presented, gives each side an opportunity to review and summarize facts of the case, highlight the significant weaknesses in opposing side’s case, and, if necessary, make an emotional appeal to the jury

Jury Instructions

After each side presents their closing arguments, the judge gives the jury instructions on how the law should guide their decision.Ex. standard of proof necessary to find defendant guilty, guilty, not guilty, the elements of the crime that must be proven

Jury Deliberations

After hearning the judge’s instructions, the jurors retire to the jury room to begin deliberations, so the jurors meet in seclusion to decide a case, the jury selects a jury foreperson to act as the leader. Sometimes judges will sequester a jury

Possible Verdicts

Guilty (If defendant is found guilty, judge will set date for sentencing)

Not Guilty (Means the defendant is acquitted, if they were held in jail pending trial, they are released)

Not Guilty by reason of insanity (If any insanity defense was used)

Retribution

Deserved punishment for evil done. “You’re going to get what’s coming to you” Oldest and most common justification for punishment

Deterrence

Premise: People undergo a rational cost/benefit analysis. If benefits of committing a crime outweigh the costs more likely for the person to commit the crime

How do we prevent crime?

Increase severity, certainty, and celerity of the punishment

Specific Deterrence

By punishing a particular person, that specific person will be less likely to commit another criminal act in the future because he/she doesn’t want to be punished again. “We’re going to punish you so that you will not do it again”

General Deterrence

By punishing one person, other people will be dissuaded or discouraged from committing a similar crime “We’re going to punish you so that you will serve as an example to others, and they will not

Incapacitation

The prevention of potential crime by physically restraining an offender. “We’re going to punish you in such a way that you will be physically unable to victimize us” Not very effectiveness

Criticisms of Incapacitation

Prevents crime against society only until the offender is freed. Offenders could commit crimes while in prison

Rehabilitation

Any measure taken to change an offender’s character, habits, or behavioral patterns. Goal: to diminish a person’s criminal propensities. “We’re going to place you under correctional supervision so that we can find out what your problems are and solve them”

Restorative Justice (Restoration)

Designed to repair harm done to victim and community by offender’s act. Goal: to restore victims, offenders, and communities to their pre-crime status. Ex. Apologies, communities service, restitution, victim-offender mediation, peacemaking circles, family group conferencing

Effectiveness of policies/sanctions based on each of the 5 justification

Recidivism

The reception of criminal behavior, typically measured by rearrest, reconviction, or reincarceration

Determinate Sentencing

Also called fixed sentences, indicates a precise amount of time that an offender must serve. Ex. 7 years in prison

Indeterminate Sentencing

Provide a minimum and maximum time to be served (range), actual amount depends on behavior while in prison, parole board determines actual release date within the range set by the judge. Ex. 2-5 years in prison

Good Time

Truth in Sentencing Laws

Presentence Investigative Report (PSI)

What are some factors that affect sentencing decisions?

Seriousness of the crime, defendant’s prior criminal record, mitigating and aggravating circumstances

Aggravating Circumstances

A circumstance that may justify a harsher sentence

Mitigating Circumstances

A circumstance that may justify a lighter sentence

Sentencing Disparity

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When people convicted of similar crimes do not receive similar sentences.

Sentencing Discrimination

Occurs when disparities can be attributed to extralegal variables Ex. defendant’s age, race/ethnicity, sex, socioeconomic status, etc.

Sentencing Guidelines

One way to try to reform system is by limiting judge’s discretion. Impose a predefined sentence length based on crime severity and prior criminal history

Mandatory Sentences

Mandate clearly enumerated punishments for specific offenses, take discretion away from judges. Ex. Three Strikes and You’re Out Laws

Justifications for Community-Based Sanctions

Reintegration-focuses on preparing offenders to return to the community

Diversion-Divert less serious offenders away from prison/jail and toward community based sanctions

The Low Cost Alternative-cheaper than prison/jail

Origins of Probation

The roots of probation trace back to John Augustus, he persuaded a Boston court to let a common drunkard to be left in his care rather than go to prison, the court was astonished because after the offender returned to court he was sober and his appearance and demeanor had drastically improved

Philosophy Behind Probation

Based on premise that average offender is not a danger to society, use of probation eliminates the negative effects of the prisonalization process (socialization into prison life), gives offenders as second chance

Benefits of Probation

Can work and support family, see children, and keep ties that hopefully prevent then form committing crimes in the future, average probation sentences are shorter than average prison sentences, cost of probation is less than the cost of incarceration

What are the 3 types of conditions of probation?

Standard, Punitive, Treatment

Standart Probation

Conditions that must be followed by every probationer in a particular jurisdiction, meeting with probation officer, not leaving area without permission of probation officer, notifying probation officer of change or residence, not possessing a firearm

Punitive

Intend to punish offender. Ex. Fines, restitution, home confinement

Treatment

Designed to help offender. Ex. Drug or alcohol treatment, anger management counseling

Probation Fees

Common for probationers to have to pay probation fees. One problem: most people on probation are poor

Technical Violations

An action by a probationer that, although not criminal, breaks the terms of probation as designated by the court. Ex. Testing positive for drug use, leaving area without permission, failing to report change of address

Probation Revocation Process

Preliminary Hearing, Revocation Hearing, Revocation Sentencing

Preliminary Hearing

During this stage the judge determines if there is probable cause to revoke the probationer’s probation

Revocation Hearing

this is basically like a trial, both the probation agency and the probationer can present evidence and witnesses, the probationer can testify on his/her own behalf and can cross examine witnesses

Revocation Sentencing

If the judge finds that the defendant did violate the conditions of probation, the judge must decide what type of sentence to impose, a judge may sentence the probationer to prison or a judge may decide to reimpose probation with stricter terms

Risk Factors for Probation Revocation

Seriousness of offense, education level

Effectiveness and Future of Probation

Majority of probationers get through probation without committing a new offense or technical violation. Studies: probation at least as effect as incarceration in terms of recidivism rates

What is the difference between parole and probation?

Parole is the offender conditionally released from prison, prior to the expiration of their sentence, and placed under the supervision of a parole agency. Probation is a criminal sanction in which an offender is allowed to remain in the community rather than be imprisoned as long as he/she follows certain conditions imposed by court

Intermediate Sanctions

Sanctions that are more restrictive than probation but less restrictive than imprisonment. They provide additional sentencing options for offenders who require stricter supervision than probation does. Were created out of the need to relieve prison crowding

Parole Fines

Money that offenders must pay to the court as punishment, imposed for a wide range of offenses, typically used in combination with other sanctions

Day Fines

Used in Sweden and several other European countries, have been experimented with the US, typically used with low risk offenders, the fine amount is linked to the offender’s daily income.Each offense is assigned a certain number of punishment units (more serious=more points) the punishment units are converted into days of pay

Community Service

A sentence requiring the offender to perform a certain amount of unpaid labor in the community, can be a sentence in and of itself or it can be used with other sanctions. Ex. assisting social service groups, cleaning up trash in parks, landscape maintenance, removing graffiti, etc.

Restitution

A sum of money paid by the offender to the victim in compensation for damages done. In order for a judge to order an offender to pay restitution, the offender first must be caught and convicted

Forfeiture

The process by which the government seizes property or other assets gained from or used in criminal activity.

Example of Forfeiture

Fred in convicted of smuggling cocaine into the US from South America. A judge could order the seizure of not only the drugs, but also the speedboat Fred used to deliver the drugs

Pretrial Diversion Programs

Are an alternate to trial offered by a judge or prosecutor in which the offender agrees to participate in a specified counseling or treatment program in return for withdrawal of charges. ex. drug courts

Drug Court

People who successfully complete drug court programs have the charges against them dropped

House Arrest

Also referred to as home confinement or home detention. Generally restricts offender to his/her home unless at work. cheaper than prison or jail

Electronic Monitoring

Is the use of technology to monitor an offender’s location, is not really a criminal sanction; it’s a method of supervision, requires offenders to wear a tamperproof bracelet around their ankle

The Inmate Code

According to studies of prison life that were conducted between the 1940s and 1970s, inmates have a “code” that they live by. System of informal norms regulating inmate behavior

Prisonalization

The socialization process through which a new inmate learns the accepted norms and values of the prison culture

What are some factors that affect prisonalization?

Age, race, marital status, socioeconomic status, time incarcerated

Deprivation Model

Adaptation to prison life is a response to the deprivations imposed by prison life. Ex. lack of heterosexual relations, lack of freedom, lack of privacy, lack of autonomy