Criminal Justice System Notes

Chapter 8: Courts

  • American Courts: The judicial system operates under an adversarial system where the prosecution and defense engage in arguments before a neutral judge and jury.

  • Purpose of a Trial:

    • Epistemological Function: To ascertain the truth.
    • Punitive Function: To assign blame and deliver appropriate punishment.
    • Symbolic Function: To communicate justice to the public.

  • Adversarial Justice:

    • Involves prosecution (pros) versus defense.
    • The judge is a neutral finder of law, while the jury serves as a finder of fact.
    • In contrast, European systems often utilize an inquisitorial approach, where multiple judges question witnesses directly.

  • Key Legal Concepts:

    • Burden of Proof: Lies with the prosecution, requiring evidence to be presented beyond a reasonable doubt.
    • Brady Rule: Mandates that exculpatory evidence (evidence favorable to the defendant) be disclosed by the prosecution.
    • Double Jeopardy: Protection against being tried for the same crime twice (5th Amendment).
    • Self-Incrimination: Individuals cannot be compelled to testify against themselves (5th Amendment).

  • Plea Bargains:

    • Approximately 98% of cases conclude with a plea bargain.
    • Innocent defendants may plead guilty out of fear of prosecutorial power.
    • In Pennsylvania, less than 3% of cases proceed to trial.
    • Pleas may cover up misconduct and worsen racial disparities in the justice system.

  • Courtroom Workgroup:

    • The interconnectedness of judges, defense, and prosecution due to large caseloads contrasts with a fully adversarial system.
    • Prosecutorial Discretion: Enables prosecutors to decide charges against individuals.
    • Qualified Immunity: Protects government officials from civil law suits during their official duties.
    • Judges are appointed at the federal level and elected at state and local levels.

Chapter 9: Criminal Trials

  • Pretrial Process:

    • Booking: Information gathering and processing; includes mugshots.
    • Initial Appearance: First court appearance where rights are explained.
    • Arraignment: Charges are presented, plea entered (guilty, not guilty, nolo contendere).
    • Bail: Defined and set during arraignment with bail bondsmen often charging a 10% fee.
    • Legislative trends towards reducing or eliminating cash bail.

  • Grand Jury: Assesses evidential merit prior to trials.

  • Pretrial Motions:

    • Technically specific requests, including motions to change venues, suppress evidence, or dismiss charges.

  • Jury Selection (Voir Dire):

    • The process of questioning jurors to assess potential biases.
    • Creation of a jury pool from which jurors are selected.

  • Types of Evidence:

    • Exculpatory Evidence: Demonstrates innocence (must be shared under the Brady rule).
    • Inculpatory Evidence: Indicates guilt (does not require sharing with the prosecution).
    • Direct Evidence: Little to no interpretation needed; demonstratively supports claims.
    • Circumstantial Evidence: Requires jury inference and interpretation.
    • Probative Evidence: Must support material fact relevant to the case.
    • Prejudicial Evidence: Unfairly sways jury opinion against defendant.

  • Jury Nullification: Jurors may acquit regardless of evidence if they believe that the law is unjust.

  • Appeals:

    • Defendants can appeal convictions, but judges in appellate courts consider only briefs and argue from lawyers, typically without evidence presentation.

Chapter 11: Prison Life

  • Misrepresentations in Media: TV and films often inaccurately portray prison environments.

  • General Conditions: Boredom is often cited as a more significant issue than violence.

  • Types of Prisons: Vary based on security level (minimum, low, medium, high, supermax).

  • Prison as a Total Institution: Represents an isolated and controlled environment, complicating re-entry into society.

  • Sentencing:

    • Judges determine sentences within statutory limits after juries have fulfilled their roles.
    • The Presentence Investigation Report and Victim Impact Statements influence sentencing outcomes.

  • Prison Population Trends:

    • USA has the highest incarceration rate globally, exceeding 1.4 million inmates, predominantly in state prisons.
    • Racial disparities evident with 12% vs 32% incarceration rates for African Americans, mostly men under 40.
    • Major offenses include violent and drug felonies.

  • Prison Security Levels:

    • Minimum Security: For non-violent or nearing completion inmates, featuring dormitory living.
    • Low Security: Fenced areas with communal living arrangements.
    • Medium Security: More stringent parameters with regular patrols, dormitory style.
    • High Security: Highly dangerous inmates, strict individual cell placement with limited exercise.
    • Supermax: For the most dangerous offenders, featuring extreme isolation and sensory deprivation.

  • Dynamic Interactions:

    • Guards may exercise abusive authority; the Stanford prison experiment highlights such potential abuses.

  • Inmate Code: Guidelines for conduct among prisoners, promoting loyalty and distrust towards guards.

  • Prison Gangs: Involve dynamics similar to street gangs, impacting prison order and discipline.

  • Impacts of Institutionalization:

    • Social withdrawal, clinical depression, and learned behaviors hinder readjustment post-release.
    • Rehabilitation initiatives by former inmates aim to assist reentry into society by providing resources like shelter, employment, and emotional support.