Protect life and property

Enforce the law

Prevent crime

Preserve peace

Arrest violators

Serve the public
Arraignment-Arraignment is Enter Plea of Guilty, Not Guilty or No Contest, NGRI, Diminished Capacity

Key actors in court process and what they do

Prosecutor/state attorney—> Star of the show

Decide whether to charge or not charge a person with a crime.
Decide whether to prosecute or not prosecute a case.
Determine what the charge will be.
Determine what punishment/sentence they will seek

Judge

Determining probable cause., Signing warrants., Informing suspects of their rights., Setting and revoking bail., Arraigning defendants., Accepting guilty pleas., In some jurisdictions, managing their own courtrooms and staff., Allowing the jury a fair chance to reach a verdict on the evidence presented.

Defense Attorney
The Sixth Amendment to the Constitution guarantees the right to the “effective
assistance” of counse

Hung Jury—>Choose jury trial, the jury has to decide your guilt. All 12 must agree. If 1 or more don’t think your guilty, than the cannot reach a verdict and then a judge will say its a mistrial. The prosecutor has to find new trial

Mistrial: hung jury is a mistrial, not all mistrials are because hung jury. Something else could happen

Full enforcement: stop every single person/arresting ect. It impossible

selective enforcement: Allows police to choose what police will enforce and when they do that.

Discretion in policing- Selective enforcement. Police can do bad things. Cases were tried to fix this but didn’t work

Police Brutality- Over policing and over force used on suspects. Not necessary

Excessive Force- A measure of coercion beyond that necessary to control participants/suspects in a conflict

Deadly Force-firearm, strike to head or neck or other vital organs

Tennessee v. Garner- greatly restricted the conditions under which police can use deadly force.
• Under this case the Supreme Court ruled that the use of deadly force is not justifiable unless:
1. The arrest is for a felony
2. The police believe there is no substantial risk of injury to innocent people
3. There IS substantial risk that the person to be arrested will cause death or serious bodily harm if his/her apprehension is delayed

DIDN’t Work. Tried to restrict deadly force and limit discretionary policing.
Consent Decree- a federal court order that requires changes to a department so it can police in a constitutional manner. This includes updating and creating policies, revamping training, building systems of accountability, investing in modern technology

The doctrine of qualified immunity (link)- officials who violate other people’s constitutional rights can only be held responsible if there exists a previous court decision, with very similar facts, that resulted in other officials being held accountable

5 types of punishment in US

Fines

Probation-instead of jail/prison. People aren’t a danger to the community. Follows rules/regulations in the community

indeterminate punishment-electronic monitoring, required drug treatment, house arrest

incarceration

death penalty.(see below)—>capital crime/punishment

Indeterminate Sentencing- range of punishment, the judge sets a min/max time on prison time. Once the minimum is served you might be eligible of parole(different than probation).

Concurrent sentence: All sentences served simultaneously.
• Consecutive sentence: Each sentence served separately.

Death Penalty Methods-basics

Lethal injection—>primary method in 21 states. Most problematic bc of drug shortages, the drugs sometimes don’t work, expired meds, veins ect.

Electric Chair—>8 have as secondary methods(1881 invention)

Lethal Gas Chamber—> 4 have as secondary, only 11 since 1976. H2SO4 and NaCN mix to make HCN gas which is deadly.

Hanging—> 3 states has as secondary—> last one was in 1996. Lots of issues with people if necks are too long/thick and if the rope is too short/long

Firing Squad—>Two states have this as secondary. Last execution was in 2010. Utah has allowed 3 since 1976.

Furman v. Georgia 1972—> put the death penalty on hold. States didn’t like it
Basically said US is too civilized for this, doesn’t function as a deterrent, innocent people will be killed inevitably, can’t be consistently applied.

THEN

Gregg v. Georgia 1976—>states are allowed to do death penalty but look at aggravating/mitigating circumstance. Each executed person get 6 automatic appeals(capital crime)

Automatic appellate review- 6 appeals that sentence capital felons get.

Jail Functions- catch all(passing through, bail or bonds, 1 week or 6 months)

Prisons(longer than 2 two years and for convicted people)—>different levels of prisons for how much control excised over the inmates

• Super Maximum
• Maximum
• Medium
• Minimum

History of Prisons and Beginning of Incarceration
Prisons were for punishment in 300 years, used to quarantining , waiting for trail, getting you to pay a fine, ect.

Prison Models in US

Penitentiary Model- punishment and solitary confinement(walnut street jail)-late 1700s to mid 1800s

Reformatory Model- punishment, fixing/changing/rehabilitation- late 1800’s

Medical Prison- looking for a cure to crime

Contemporary Prison- 1970s to present

Classification- looking act what you need, gangs, treatment, ect

Prisonization-get used to be in prison/jail. If you get this harder for you to reenter the community. Released on parole higher chance of committing crime.

Parole and Recidivism(continuing with criminal activities after jail/prison—> reoffend)
Rules of parole
- Check-in with parole officer
– Submit to home visits
– Random Alcohol and Drug Testing
– Counseling
– Find and Keep a job

Probation-to prevent recidivism

Juvenile Justice System- Handles what, who, why for what purpose

Who-Children and it serves to try to help children escape problems and not focus on punishment. Help with education and services before punishment
GOALS:

Public Safety/Community Protection
• Competency Development
• Treatment and Rehabilitation- restoring a juvenile to a constructive place in society
• Restoration- repairs damage to the victim and community
• Offender Accountability

Difference between Juvenile and Adult System

Adults look at punishment but juvenile looks at rehabilitation, education, restoration ect. Punishment is last worry.

School to Prison Pipeline—>SRO’s and the school system can play up the issues within the crmj system because of that at risk youth and marginalized youth can

Transfer/Waiver to Adult Court from Juvenile System- Happens when a juvenile commits a really serious crime.

Balanced and Restorative Justice: Don’t say sorry but actually work to do sorry and help the victims/families. It’s doing not just saying. Mediation

Harlem Children’s zone- We can prevent crime/disorder if we provide education and support. Give services to get kids to college

Functions of Police- PEPPAS

Patrol-back bone of the police and the most time consuming. Highly visible and work the beats. 75% of the police force —>selective enforcement

Preventive Patrol- Patrolling the streets with little direction; between responses to radio calls, observation in an attempt to both prevent and ferret out crime

• Foot Patrol- walk the beat, get to know your community,

• Directed patrol- police concentrate their patrol time in areas that crime analysis showed were hot spots.

• GIS crime mapping- a technique that involves charting crime patterns within a geographic area

• Aggressive Patrol- The practice of having an entire patrol section make numerous traffic stops and field interrogations

Drugs- Drug busts ect. Street Level enforcement- Patrol Officers do most of the drug enforcement which include; surveillance, interruption of suspected transactions, raids of “shooting galleries”, buy and bust operations, ‘reverse stings’

Traffic- Both Drug/Alcohol intoxication as well as digital distractions and other traffic violations

Investigation-

1. Preliminary investigation: usually by patrol
officers (except in the case of multiple homicides, or other complex investigations).
2. Follow-up investigation: usually by plainclothes detectives.

Dual Court System

Describes the court components One part state and federal court. Only connects at supreme court level. Hear different case. State is most criminal case. Federal court sees criminal court for crossing state lines. Federal court sees mostly gov. and civil cases

State courts vs. Federal courts(see above and below)

Jury trials/bench trials- Jury-has a jury and a judge or Bench- only a judge

Courts (A DEFENDANT)- charged to enter- NO PLEA BARGAIN =Trial

Substantive law: what makes something illegal

Procedural Law: idea that you are accused of a crime you will be protected under constitutional rights. What police officers have to follow.

Standards of Proof- beyond a reasonable doubt etc.-try to convince judge/jury that you are guilty, you have to prove evidence beyond reasonable doubt.

routine activities theory- crime doesn’t need a super predator, just a reward to get from it.

Focus on insanity and self defense for criminal defense and criminal responsibility

Time in rank system—>get higher up in police