Crim justice Final

CHP 7
- The 4th Amendment - controls searches and seizures, the reasonableness clause and the warrants clause.
- Defining a search - Abandoned property, open fields, and fly-overs are not a search according to the 4th Amendment
  - Curtilage - land around a house in an open field that needs a warrant
  - Fly-overs (no cameras, infrared)
- Defining an arrest - An arrest occurs when a police officer takes a person into custody or deprives a person of freedom for having allegedly committed a criminal offense
- Warrants
  - Search Warrant - An order issued by a judge, directing officers to conduct a search of specified premises for specified objects
  - Arrest Warrant - An order issued by a judge, directing officers to arrest a particular 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 and circumstances to lead a reasonable person to believe that a crime has been, is being, or will be committed
    - Neutral and Detached Magistrate - any judge is considered one, and the signature of a judge
    - 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
  - Searches incident to lawful arrest - everything that is on a person when arrested, timely, and immediate area
  - Automobile searches - immediate area of a car
CHP 8 Police and the Law
- Defining a search - a government actor’s infringement on a person’s reasonable expectation of privacy
  - 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
CHP 9
- 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
Basics of Court
- 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

CHP 10
- 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
CHP 11
- History of Punishment - historically, people who violated the law were considered morally corrupt and in need of strong discipline.
- Goals of Punishment
  - 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.
- Sentencing
  - 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.
CHP 12
- 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 parole.
  - 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
  - You can violate probation multiple times before going to prison
- 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
  - 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
  - 364 days max for jail, anything over is prison
- Parole - gets a weapon
- 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.

CHP 14
- 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.