Politics of the Criminal Justice System Chapter 8

Major-Offender/Career Criminal Programs

Programs focusing special attention on high-risk offenders to ensure they are prosecuted, convicted, and sentenced appropriately.

Horizontal Approach

Prosecution strategy where different groups of prosecutors handle various stages of a case.

Vertical Approach

Prosecution strategy where one prosecutor handles the case from start to finish.

Special Prosecutors Units

Unit within prosecutors’ offices dedicated to specific types of cases or high-risk offenders.

Specialization

Developing expertise in handling specific types of cases, such as sex crimes or gun crimes.

Initial Charging Decision

The decision made by prosecutors on whether to file charges against a defendant based on the available evidence.

Disposition

The final outcome of a case, including the verdict and any sentencing.

Proof Beyond a Reasonable Doubt

The standard of evidence required to convict a defendant in a criminal case.

Differential Racial Mix

The potential influence of race on prosecutorial decisions, which was not found to affect charging decisions in this study.

Major Violator Unit

A special unit targeting high-risk offenders with multiple offenses or serious prior convictions.

Split Sentences

Sentences where offenders serve time in jail followed by probation.

Insanity Defense

A legal defense where a defendant argues they are not responsible for their actions due to mental illness at the time of the crime.

Guilty but Mentally Ill (GBMI)

A legal standard where a defendant is found guilty of an offense but is also found to be mentally ill.

Not Guilty by Reason of Insanity (NGRI)

A verdict stating the defendant is not responsible for their actions due to insanity at the time of the crime.

Institutionalized

Being confined to a hospital or a similar institution for treatment.

Expert Witnesses

Specialists who testify in court to provide their expert opinions on specific matters.

Burden of Proof

The obligation to prove one’s assertion, which can be shifted to the defendant in some cases.

Committing Procedures

Legal procedures for placing someone found not guilty by reason of insanity in a psychiatric facility.

Stipulated Finding

An agreement between the prosecutor, defense attorney, medical experts, and judge that the defendant is mentally ill.

Vagrancy

The state of living as a vagrant; homelessness.

Skid Row

A run-down area of a city inhabited by vagrants and the homeless.

Periodic Review

Regular assessment of a mental patient's condition to determine whether continued confinement is justified.

Incompetent to Stand Trial

A legal determination that a defendant is too mentally ill to understand the nature of a criminal trial and participate in their defense.

Beat the Rap

Slang for avoiding punishment for a crime.

Criminally Insane

Individuals found not guilty by reason of insanity due to mental illness at the time of their crime.

Clinical Reassessment

Re-evaluation of a patient's mental state to determine if continued confinement is necessary.

False-Positive

Incorrectly identifying a person as dangerous when they are not.

True-Positive

Correctly identifying a person as dangerous.

Actus Reus

The physical act of committing a crime.

Mens Rea

The mental intent to commit a crime.

Right-Wrong Test (M’Naghten Rule)

A legal standard for instability that asks whether the accused understood the difference between right and wrong.

Irresistible Impulse Test

A legal standard for insanity that considers whether the accused could control their actions despite knowing they were wrong.

Affirmative Defense

A defense that acknowledges the act and intent but argues the accused lacks criminal responsibility for specific reasons (ex. Insanity).

Ordinary Defense

A defense that attempts to show the prosecution failed to connect the accused with a crime.

Ineffective Assistance of Counsel

A claim that a defendant’s legal counsel performed so poorly that it violated the Sixth Amendment right to a fair trial.

Overcharging

When prosecutors file additional or inflated charges to use as leverage in plea negotiations.

Trial Penalty

Additional punishments imposed on defendants who choose to go to trial instead of accepting a plea bargain.

Unchecked Discretion

Broad decision-making power without sufficient regulation or oversight, often leading to potential abuse.

Charge Bargaining

Pleading guilty to a lesser charge, often resulting in a reduced sentence or avoiding a mandatory sentencing provision.

Sentence Bargaining

Pleading guilty in return for the prosecutor’s recommendation of a specific sentence to the judge.

Collateral Consequences

Additional legal or social consequences that follow a criminal conviction, such as loss of voting rights or difficulty finding employment.

Discretion

The ability to make decisions based on personal judgment rather than fixed rules.

Screening Decisions

Initial decisions made by prosecutors about whether to proceed with charges based on the evidence resented by the police.

Early Plea Unit (EPU)

A unit responsible for negotiating guilty pleas early in the case process.

McJustice

A term used to describe the efficient, calculable, and predictable nature of the criminal justice process, likened to a fast-food restaurant.

Norm of Proportionality

A shared understanding within the courtroom workgroup about the seriousness and worth of different cases and their appropriate outcomes.

Charge Bargaining

A form of plea bargaining where the defendants pleads guilty to a lesser charge than originally faced.

Sentencing Guidelines

Rules created to ensure consistency in sentencing for similar crimes.

Section 851 Notices

Notices of intent to file mandatory sentencing enhancements.

Missouri v. Frye

A Supreme Court case where the defendant’s plea offer was not communicated by his attorney, leading to a claim of ineffective assistance of counsel.

Lafler v. Cooper

A Supreme Court case where the defendant’s attorney advised rejecting a plea offer, resulting in a harsher sentence after trial, leading to a claim of ineffective assistance of counsel.

Ineffective Assistance of Counsel

A claim that a defendant’s legal representation was so inadequate that it violated the Sixth Amendment right to a fair trial.

Deterrence Theorists

Advocates of the idea that punishment must be swift and certain to effectively deter criminal behavior.

Postconviction Appeals

Legal challenges made after a conviction, often based on claims such as inadequate assistance of counsel or violations of constitutional rights.

Search-and-Seizure Grounds

Legal grounds related to the Fourth Amendment, which protects against unreasonable searches and seizures.

Sixth Amendment

Part of the U.S. Constitution that guarantees the right to a fair trial and effective assistance of counsel.

Habeas Corpus

A legal procedure that allows individuals in custody to challenge the legality of their detention.

Fay v. Noia

A 1963 Supreme Court decision that expanded the ability of offenders convicted in state courts to seek rehearing in federal courts.

Statute of Limitations

A law that sets the maximum time after an event within which legal proceedings may be initiated.

Evidentiary Hearing

A court hearing to examine the evidence in a case.

Chief Justice Earl Warren

The Chief Justice of the U.S. Supreme Court from 1953 to 1969, known for his liberal decisions expanding individual rights.

Civil Case Filings

Legal cases that involve disputes between individuals or organizations, not criminal charges.

Writ Writers

Prisoners who file numerous appeals challenging their conviction or prison conditions.

Antiterrorism and Effective Death Penalty Act

A 1996 law that limits the right to postconviction appeals, particularly for death row inmates.

Prison Litigation Reform Act

A 1996 law that restricts the ability of prisoners to file lawsuits about prison conditions.

Habeas Corpus

A legal principle that allows prisoners to challenge the legality of their imprisonment.

Capital Punishment

The legal process where a person is sentenced to death by the state as a penalty for a crime.

Commuted Sentence

A reduction of a criminal sentence, such as changing a death sentence to life imprisonment.

Post-Conviction Appeals

Legal processes that allow convicted offenders to challenge their convictions or sentences after the trial.

What is Walker’s reasoning behind Proposition 19: Special prosecution units do not produce either higher conviction rates or lower crime rates?

The San Diego Major Violator Unit only slightly increased conviction rates and incarceration lengths. The system was already tough on career criminals, and the unit's impact on crime rates was minimal.

What is Walker’s reasoning for Proposition 20: Abolishing or limiting the insanity defense will have no impact on serious crime?

It is rarely used, due to the fact that it involves complex legal issues. The insanity defense requires proving an individual lacked criminal intent due to mental incapacity.

What is Walker’s reasoning for Proposition 21: Abolishing or even significantly reforming plea bargaining will not reduce serious crime?

Tthe system already has mechanisms in place to address ineffective assistance of counsel.

What is Walker’s reasoning for Proposition 22: Limiting habeas corpus appeals of criminal convictions will have no effect on serious crime?

Multiple appeals are rare and do not deter criminal conduct.