Police Bias, Court Procedures, and Sentencing Policies in Criminal Justice Save Groups

Implicit Bias

Unconscious stereotypes that influence decisions automatically without awareness.

Explicit Bias

Conscious and intentional prejudice where an individual is aware of their negative attitudes toward a group and acts on them deliberately.

Racial Profiling

Using race or ethnicity as a factor in suspicion rather than behavior or evidence.

2014 Task Force on 21st Century Policing

A federal initiative focused on improving police legitimacy by emphasizing trust, transparency, accountability, and community engagement.

Trust in Policing

When citizens believe police act fairly and in the community's best interest.

Terry v. Ohio (1968)

Supreme Court case that allows police to stop and frisk individuals based on reasonable suspicion.

Reasonable Suspicion

A lower legal standard than probable cause, requiring specific facts that suggest criminal activity may be occurring.

Probable Cause

A higher standard requiring enough evidence to reasonably believe a crime has been committed.

Whren v. United States (1996)

Supreme Court case that ruled pretextual stops are legal as long as there is probable cause.

Pretextual Stop

A stop where an officer uses a minor violation as a reason to investigate a person for something else.

Veil of Darkness

A theory suggesting racial profiling decreases at night because officers cannot see the race of drivers.

Stop and Frisk

A policing practice allowing officers to stop individuals with reasonable suspicion and search them for weapons.

Police Discretion

The authority officers have to make decisions in the field, such as whether to stop, search, or arrest someone.

Immigration and Policing

In some areas, local police assist with immigration enforcement.

Due Process

Constitutional protections that ensure individuals are treated fairly under the law.

Minority Experiences

Minority groups are more likely to experience police stops, searches, arrests, and use of force.

Trust and Legitimacy

Legitimacy refers to the belief that police authority is justified.

Dual Court System

The U.S. has two separate court systems: federal and state.

Investigation

The stage where police gather evidence, interview witnesses, and identify suspects.

Arrest

Occurs when a suspect is taken into custody.

Initial Appearance

The first time a defendant appears before a judge, usually within 24-48 hours.

Bail

A financial or conditional requirement to ensure a defendant returns to court.

ROR (Release on Recognizance)

A defendant is released without paying bail based on a promise to return to court.

Bail Hearing

A hearing where a judge determines whether a defendant will be released or remain in custody before trial.

Prosecutorial Charging Decision

The prosecutor decides whether to formally charge a suspect based on evidence.

Arraignment

A court proceeding where charges are formally read and the defendant enters a plea.

Discovery

The process where both sides exchange evidence to prepare for trial.

Pretrial Motions

Legal requests made before trial, such as suppressing evidence or dismissing charges.

Plea Bargaining

A process where the defendant pleads guilty in exchange for reduced charges or a lighter sentence.

Trial

A formal process where evidence is presented before a judge or jury.

Burden of Proof

In criminal cases, the prosecution must prove guilt 'beyond a reasonable doubt.'

Verdict

The jury's decision of guilty or not guilty.

Sentencing

The stage where a judge determines the punishment after a conviction.

Appeal

A request for a higher court to review the case for legal errors.

Sixth Amendment

Guarantees the right to legal counsel, a fair trial, and a speedy trial.

Fourth Amendment

Protects individuals from unreasonable searches and seizures.

Legal Factors

Factors that influence sentencing based on the crime.

Extra-Legal Factors

Non-legal factors such as race, gender, or age that should not influence decisions.

Gideon v. Wainwright (1963)

Supreme Court case that guaranteed the right to an attorney for defendants who cannot afford one.

Purpose of Sentencing

Includes retribution, deterrence, incapacitation, rehabilitation, and restorative justice.

Crime Control Model

Focuses on efficiency and strict punishment to control crime.

Due Process Model

Focuses on fairness, individual rights, and legal protections.

War on Drugs

A policy initiative aimed at reducing drug use through strict enforcement.

Mass Incarceration

The large-scale imprisonment of individuals in the U.S.

Mandatory Minimums

Laws that require judges to impose a minimum sentence for certain crimes.

Three-Strikes Law

A law where a third felony conviction results in a sentence of 25 years to life.

Truth in Sentencing

Requires offenders to serve a large percentage of their sentence before release.

Determinate Sentencing

Fixed sentences with limited flexibility for judges.

Indeterminate Sentencing

Sentences given as a range, allowing for parole based on behavior.

Sentencing Guidelines

Rules that help judges determine appropriate sentences.

Crack vs Powder Cocaine Disparity

Historically, crack cocaine offenses carried much harsher penalties than powder cocaine.

Cumulative Disadvantage (Wooldredge 2015)

Small disadvantages accumulate over time, leading to increasingly severe outcomes.

Colonial Punishment

Early punishment in America included public and harsh punishments designed to deter crime.