Crim justice Final

4th Amendment

Controls searches and seizures, including the reasonableness and warrants clauses.

Defining a search

A government actor’s infringement on a person’s reasonable expectation of privacy.

Curtilage

The land immediately surrounding a house, requiring a warrant to search.

Search Warrant

An order issued by a judge directing officers to conduct a search for specified objects.

Arrest Warrant

An order issued by a judge directing officers to arrest a specific individual.

Warrants are required

arrests and searches in private homes or property, arrests for minor offenses committed out of view of the arresting officer.

Warrant Requirements

probable cause, neutral and detached magistrate, and particularity (what exactly you want to search)

Probable Cause

A legal standard requiring sufficient facts to believe a crime has occurred, is occurring, or will occur.

Neutral and Detached Magistrate

A judge who is neutral in issuing warrants.

Particularity

concerned with specifically naming the items to be seized pursuant to a search or specifically naming the individual to be arrested pursuant to an arrest warrant.

Warrantless Searches and Arrests (exceptions to warrant requirement)

Exigent circumstances, Stop and frisk, Searches incident to lawful arrest , Automobile searches, Consent searches, Searches based on plain view, Crimes committed in an officer’s presence.

Exigent circumstances

emergent and urgent circumstances such as hot pursuit, danger of escape, threats to evidence, threats to others

Third party consent

 it is permissible for one co occupant of an apartment to give consent to the police to search the premises in the absence of the other occupant, if the person giving consent shares the same level of authority over the property

Free to go

officers do not have to tell you that you are free to go to make a search reasonable

General Jurisdiction

 nj superior court over felony cases

Limited Jurisdiction

nj municipal court

Specialized Courts

focus on one type of criminal act, nontraditional roles, judicial monitoring, systemic change. Ex: Drug Court

Federal Courts Three Hierarchy

U.S. district courts, U.S. courts of appeals, and the U.S. Supreme Court

Supreme Court

Highest appellate body, Appointed by the president, Approved by Congress, Only court established by the Constitution, Shapes the future meaning of the Constitution.

How Cases get to the Supreme Court

Judges have discretion on cases they pick, four justices must agree to hear the case, and a writ of certiorari. 

Writ of certiorari

requesting a transcript of the proceedings of the case for review

Rule of four

four justices must agree to hear the case for the writ to be granted

Court Congestion

Increased population, aggressive prosecutions, complex law, reform efforts

To become a Judge in NJ

appointed by governor

Duties of the Judge

Guide the questioning of witnesses, instruct jurors, decide cases, sentencing, settle questions of evidence & procedure, rule on the appropriateness of conduct.

Factors that Influence Judicial Decision

Re-election, demographic characteristics, attitudes, ideology, and opinions.

Alternative Dispute Resolution: Judicial Alternative

Don’t have to go to court

Arbitration

a process of dispute resolution in which a neutral third party (arbitrator) renders a decision following a hearing at which both parties agree to be heard. Is binding.

Mediation

an informal dispute resolution process in which a neutral third party (mediator) helps disputing parties reach an agreement. Usually comes before arbitration & is binding

Prosecutor

appointed or elected member of the bar who is responsible for bringing the state’s case against the accused. Appointed by Governor in NJ as well

Prosecutorial Discretion

they have authority over who to prosecute, dismiss, accept plea, go forward with a case, etc.

Reasons for Dismissal of Case

insufficient evidence, witness problems, interest of justice (not worth the time), referral for other prosecution, plea on another case

Due process problems

the way police went about the case might’ve not been legal

Defense Attorney

Legal counsel for the defendant in a criminal case, representing the accused person from arrest to final appeal. In NJ about $500 an hour for private attorney

Indigent Defendant

A defendant who lacks the funds (an indigent defendant) to hire a private attorney is entitled to free counsel

A public defender

an attorney employed by the government to represent criminal defendants who can’t afford to pay for a lawyer.

Subpoena

prosecutor's office issues a must to come to court

Pretrial Detention

people who are either denied bail or can’t afford it before trial are kept in secure confinement. Usually in county jail. More likely to be convicted and get a longer sentence than those who commit similar crimes but are released on bail

Bail Reform

use of release on recognizance to replace money bail for non-dangerous offenders. Also efforts to tighten bail restrictions on the most dangerous offenders.

Bail

form of security, usually a sum of money, that is put up or exchanged to secure the release of an arrested person before the trial begins

Does NJ have bail?

no

8th amendment protects bail

prohibits cruel and unusual punishment and excessive bail

After arrest process

detained, file a complaint, arraignment, then bail consideration

Arraignment

Defendant is informed of the charges against him or her and appoints counsel if one has not yet been retained. A plea is entered which is either guilty, not guilty, or nolo contendere (prosecutor has enough evidence for the person to be here but they aren’t admitting to guilt).

Plea Bargaining

most cases never go to trial and bargains can be made for a plea of guilty in exchange for a reduced sentence, dropping charges, lowering charges, or substituting a negative charge for one with more socially acceptable connotations.

Cons of Plea Bargaining

Defendants waive constitutional rights to trial, Allow dangerous offenders to receive lenient sentences, Innocent people might be convicted of a crime, Innocent people might plead guilty.

Pros of Plea Bargaining

Efficiency is improved, Costs of the criminal prosecution is reduced, Devote more time to serious cases, Defendant avoids possible detention and an extended trial and may receive a reduced sentence.

Legal Issues in Plea Bargaining

Effective assistance of counsel, Pleas must be made voluntarily, Prosecutor and Defendant promises must be kept.

Role of Defense Counsel

Advise defendants if they should/shouldn’t take the plea, Explain about the conditions of the plea, Inform about legalities of plea.

Problem of False Confessions

Duress, Coercion, Intoxication, Fear of Violence, Threat of a harsh sentence, Ignorance of the Law, Mental Impairment.

Pretrial Diversion

arrested but not convicted. Goal is to provide a reasonable alternative to jail/prison

Diversion programs

offer a criminal defendant the ability to enter a treatment program instead of a criminal trial. (Pretrial intervention)

Voir dire

challenges during jury selection

Challenge for cause

can get rid of a juror if you believe they are biased

Peremptory challenge

don’t have to explain reasons to remove juror

Jury nullification

jury refuses to render a verdict

Post trial

Appeal or Writ of habeas corpus

Writ of habeas corpus

a legal procedure that allows a person in custody to challenge the legality of their detention or imprisonment

History of Punishment

historically, people who violated the law were considered morally corrupt and in need of strong discipline.

General Deterrence

people should be punished to set an example for others, should be proportionate and fair, and the effect is less than desired.

Incapacitation

preventing crime by keeping offenders under state control. Everyone should go to prison. Diminishing effects over time because prison does not stop crime.

Specific Deterrence

the experience of suffering punishment should inhibit future law violations. The goal is to convince offenders that the pains of punishment are greater than the potential benefits of crime.

Retribution/Just Desert

eye for an eye. The punishment should fit the crime.

Rehab

justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds. Proper treatment will prevent future crimes.

Diversion

aimed at sparing non dangerous offenders from the stigma and labeling of a criminal conviction.

Equity/Restitution

the action or practice of awarding each person his/her just due. Seeks to compensate individual victims and the general society for their losses due to crime

Concurrent Sentences

served at the same time

Consecutive Sentences

served one after the other

Good time

reduction in sentence for good behavior

Indeterminate Sentences

offenders are placed in confinement only until they are rehabilitated and then released on parole

Determinate Sentences

fixed term of years to be served by the offender sentenced to prison for a particular crime

Sentencing Guidelines

regulate the length of determinate sentences, curb judicial discretion, created by sentencing commissions

The sentencing grid

prior record, current offense

Mandatory Sentencing

fixed prison sentence for certain crimes, chronic recidivist (someone that constantly receives new sentences), limits judicial discretion.

Factors that influence sentencing

severity, money, weapons, violence, prior criminal record

Victim Impact Statement

victim has the opportunity to speak before the judge sentences the offender.

3 goals of punishment

retribution, rehabilitation, deterrence.

Under Probation

No 4th amendment (Can be searched at random by a probation officer at anytime, and all of your property) or the same rights

Probation

in the state of NJ, if the Judge believes you can remain in the community under certain conditions for a specified time

Pros of Probation

Less costly, Helps offenders maintain family and community ties, can be structured to maximize security and maintain public safety, scaled in severity to correspond to the seriousness of the crime, can act as a second chance, and housing and employment.

In NJ

you can’t go out of prison and into probation, you can go into parol.

The maximum term for probation in NJ

5 years

Judicial reprieve

• allows judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence (not in NJ)

Recognizance

Enabled convicted offenders to remain free if they agreed to enter into a debt obligation with the state (not in NJ)

Revocation

probation may be revoked if a probationer fails to comply with rules and disobeys reasonable requests to meet their treatment obligations

Probation is under NJ Judiciary Control

• Bulletproof vest

• Can’t carry a gun

For Sex Offenders

Probation authorities put a device that monitors searches for registered sex offenders. Banned from any and all “non-employment related” internet use.

Probation Officer Tasks

Investigation (Presentence investigation serves as the basis for sentencing), Intake, Diagnosis (Used to select appropriate treatment modes), Treatment Supervision, Risk classification (Assessment of the risk level probationers pose to the community and themselves).

NJ Probation

Maximum 5 years for probation, 364 days max for jail, anything over is prison

Pre trial intervention

Arrested not convicted, Once you finish, your record is expunged, and Drug offenses usually.

Under age of 23

Can have case expunged in one year

Regular probation for

Sex offenses, Theft, Drugs

Intermediate Sanctions

Test positive for a drug test, then try other methods instead of prison to help.

Restorative Justice

bring the perpetrator with the victim, say what they did in order to show remorse/change.

Problems with Adult Incarceration

• Despite crime going down, incarceration has gone up, only recently declining.

• When someone is released 9/10 times they can’t adjust correctly due to their peers and family having elevated

Living in Prison

• Deprivation of liberty, goods and services, heterosexual relationships, autonomy, and security. 

• Adjusting to prison is a process in which some inmates routinely violate institutional rules and many inmates learn to adapt to the prison routine.

Inmate subculture

loosely defined culture that pervades prisons and has its own norms, rules, and language

Common inmate social code rules

don’t interfere with inmates’ interests, don’t lose your head, don’t exploit inmates, be tough, and don’t be a sucker.

Female Institutions

smaller, non-secure, lack of adequate training for inmates, lack of parenting programs and job training.

Recidivism

the process of continuously going back to jail