Overview of the U.S. Judicial System

Overview

  • The reality of criminal trials is quite mundane.

  • Courts exist at state and federal levels with varying structures and jurisdictions.

  • Dual Court System.

  • The U.S. judicial system attempts fairness, equality and justice.

  • Courts rely on the Constitution to set standards and ensure that rights are protected.

  • Adversarial system; courts interact with police and correctional agencies from arrest to post-sentencing.

History

  • U.S. Court System arose from the 13 colonies influenced by English common law.

  • Article 3, Section 1 of the U.S. Constitution: established the federal judiciary within the three branches of government.

  • Constitution allows the President to appoint federal judges leading to political undertones in the Supreme Court, with a debate between strict interpretation and judicial activism.

  • Each state has its own court system, typically comprising three levels: trial courts, intermediate courts, and supreme courts.

  • States can establish any number of courts and can create specialized courts.

Jurisdiction of the Courts

  • Original Jurisdiction: The lawful authority of a court to hear or act on a case from its beginning and to pass a judgment on the law.

  • Appellate Jurisdiction: The lawful authority of a court to review a decision made by a lower court.

Specialized Courts

  • Target specific offenders, often those committing misdemeanors or first-time offenses.

  • Designed to be non-adversarial and non-punitive, focusing on lowering recidivism and rehabilitation.

State Courts

  • Initial hearings take place, where evidence is presented and decisions are made applying state laws and procedures.

  • They can have general or limited jurisdiction.

Courts of Limited Jurisdiction (Approx. 13,500 in the U.S.)
  • Consist of municipal courts, county courts, and district courts.

  • Hear cases involving misdemeanors such as shoplifting, disorderly conduct, and simple assault.

  • Sanctioning power is typically limited to community sanctions and jail time.

Courts of General Jurisdiction (Approx. 2,000 in the U.S.)
  • Include felony, superior, supreme, county, and circuit courts.

  • Handle serious felony cases such as murder, robbery, and sexual assault.

  • Conduct arraignments, set bail, take pleas, and conduct trials.

  • If a defendant is found guilty, the trial court imposes a sentence.

State Appellate Courts
  • Act as intermediate courts between trial courts and supreme courts.

  • Review decisions made by lower courts within a state’s judicial system.

  • Cases can be appealed based on vague laws or procedures that violate due process.

State Supreme Court
  • Acts as the court of last resort and the highest level appellate court.

  • Role: Review legal and procedural aspects of lower court decisions.

Federal Courts

  • U.S. District Courts (94):

    • Trial courts of the federal system with jurisdiction to hear nearly all categories of federal cases, including civil and criminal matters.

    • Approximately 650 District Court judges staff these courts.

  • U.S. Court of Appeals (13):

    • Also known as circuit courts.

    • Hears appeals from district courts within its circuit, as well as appeals from decisions of federal administrative agencies.

    • They analyze judicial interpretations and constitutional issues but do not retry cases.

    • Generally consist of six or more judges.

  • U.S. Supreme Court (1):

    • The nation’s highest appellate body for all cases tried in federal and state courts.

    • Located in Washington, DC, with nine justices: eight associate justices and one chief justice.

    • All justices are nominated by the president, confirmed by the Senate, and serve for life.

    • They have the power of judicial review and select the cases they hear (at least four justices must vote in favor of a hearing).

    • Issues a writ of certiorari to request a transcription from the inferior court for inspection.

Case Review Process
  • When the court decides to hear a case, it reviews written arguments (legal briefs).

  • Each attorney is allowed 30 minutes to present oral arguments.

  • The court either affirms or reverses the decisions of the lower court.

  • Justices write majority, concurring, and dissenting opinions.

  • Decisions established in a case become precedent.

Role of the Judge

  • Primary responsibility: overseeing the trial process.

  • Safeguards both the rights of the accused and public interests in justice administration.

  • Holds authority to rule on matters of law, weigh objections, decide on evidence admissibility, and discipline those challenging the court order.

  • Instruct the jury on rules of evidence and formally charges them on determining guilt or innocence.

  • Judges also sentence offenders after a jury verdict.

Bifurcated System

  • Involves trial and sentencing hearing conducted by the same judge as two separate hearings.

Judicial Attitudes

  • Judges can significantly influence proceedings.

Judicial Qualifications

Federal Judges
  • Appointed by the President with advice from the Senate.

  • No formal qualifications prescribed by the Constitution.

State Judges
  • Typically require a law degree, being a licensed attorney, membership in the state bar association, and age restrictions (at least 25 years and less than 70 years).

  • Approximately 1300 non-lawyer judges serve in rural courts across 43 states.

  • States often require judges to undergo state-sponsored training in courtroom procedures, evidence, dispute resolution, and ethics.

Judicial Selection

  • Judges can be appointed by the governor, recommended and confirmed by the state senate, or selected through a judicial nominating committee.

  • Elections can be partisan or nonpartisan; appellate-level judges in Arizona are elected through partisan elections.

Prosecutor

  • Known as the district attorney or state’s attorney; federal equivalent is the U.S. Attorney.

  • Responsible for presenting the state’s case against the defendant, representing the people.

  • Burden of proof falls on the prosecutor.

  • State prosecutors are generally elected, serving four-year terms.

  • There are approximately 2,400 state court prosecutor offices employing around 79,000 attorneys, investigators, and support staff.

Prosecutorial Discretion

  • Key decisions include:

    • Accepting a plea bargain.

    • Diverting the suspect to other agencies.

    • Recommending counseling.

    • Dismissing the case entirely.

  • 1/3 to ½ of all felony cases are dismissed by prosecutors, indicating significant power and potential for abuse.

Factors Influencing Discretion
  • Legal.

  • Victim.

  • Extralegal factors (sex, gender, age, race, sexuality) can influence decisions.

Defense Counsel

  • Trained lawyers, specialists in criminal law.

  • Types of defense counsel: Private vs. Public Defender.

  • Responsibilities include testing prosecutors' case strength, participating in plea negotiations, and preparing defense for trial.

Right to an Attorney

  • Guaranteed by the 6th Amendment of the Constitution.

  • Key cases:

    • Gideon v. Wainwright (1963): Supreme Court ruled the right to a lawyer in state cases when facing a felony charge.

    • Argersinger v. Hamlin (1972): Expanded the right to an attorney, requiring one be provided if imprisonment is likely.

Categories of Defense Attorneys
  • Private Attorneys: Worked in respective firms, fees range from $100 to $1,000 per hour, with hours logged.

  • Appointed Counsel: Randomly selected from a list of practicing lawyers in the jurisdiction; paid by the government at rates of $60-$75 per hour.

  • Public Defenders: Office established by jurisdiction, salaried by the state; allow for more inexperienced staff.

Pretrial Procedures

  1. 1st Appearance:

    • Defendants appear before a magistrate or lower court judge for the first time, also known as an initial appearance.

    • Occurs when defendants are brought before a judge to:

      • Receive formal notice of charges.

      • Be advised of their rights.

      • Retain a lawyer or have one appointed.

      • Opportunity for bail.

    • Must occur within 48 hours of arrest.

Bail

  • Money or property pledged to the court for securing release from custody pending trial.

  • Can be forfeited if the defendant flees.

  • There is no constitutional right to bail; the 8th amendment guarantees protection against excessive bail.

  • Purposes of bail:

    1. Ensures reappearance at court.

    2. Prevents unjust imprisonment of the accused.

Pretrial Release vs. Pretrial Detention
  • Release: Accused persons released on promise to return.

  • Detention: Being held in jail prior to court date.

  • Factors influencing bail decisions: Types of crimes, prior records, active criminal status, and flight risk.

  • 60% of felony defendants are released before trial.

Types of Bail
  • Cash Bail: Full amount paid in cash.

  • Deposit Bail: A portion is deposited; unusual.

  • Surety Bail: Bail bondsman is retained to ensure return; most common.

  • Conditional Release: Set conditions for release, required to sign agreements.

  • Unsecured Bonds: Paperwork signed without payment.

  • Release on Recognizance (ROR): No conditions; just a promise to return.

Issues with Bail

  • Discriminatory: Disfavors impoverished individuals.

  • Costly: Unconvicted individuals may be compelled to jail due to inability to post bail.

  • Unfair: Individuals unable to meet bail may serve more time than those who do.

  • Dehumanizing: Places non-convicted individuals at risk of violence and mistreatment.

Charging the Defendant

Grand Jury

  • Guaranteed by the 5th amendment of the Constitution.

  • Functions as an independent investigative body determining whether sufficient evidence exists to bring a case to trial.

  • After evidence presentation, the grand jury decides on probable cause.

  • An indictment is made; sessions held in secret, with the defendant and defense not typically present.

  • Comprised of about 23-30 members.

Preliminary Hearing

  • Alternative for states without grand juries; assesses probable cause to hold a defendant for trial.

  • Conducted before a magistrate or judge and is public, involving all parties.

  • The judge determines if the evidence supports probable cause for trial.

  • If sufficient, the prosecutor files an information to proceed.

Arraignment

  • Follows indictment; informs the defendant of charges and allows plea entry.

  • Possible pleas: Not guilty, guilty, or nolo contendere (no contest).

Plea Bargaining

  • Negotiation process involving defendant, prosecutor, and defense counsel.

  • Types of plea bargains:

    • Reduction of initial charges.

    • Reduced counts of charges.

    • Recommendation for lenient sentences.

    • Altering charges to socially acceptable ones.

  • Plea bargains help reduce trial workload; 90% of convictions result from guilty pleas.

  • The trial disposition rate remains stable with 9-10% of cases proceeding to trial.

The Criminal Trial

  • Primary purpose: determining guilt or innocence.

  • Legal Rights During Trial:

    • Right to an impartial judge.

    • Right to confront witnesses (6th amendment).

    • Right to an impartial jury.

    • Right to a speedy trial (6th amendment).

    • Standard of proof: must be proven guilty beyond a reasonable doubt.

Trial Process: Adversarial System

Jury Selection
  • Select jurors randomly from registries.

  • Venire: Panel of potential jurors.

  • Voir dire examination: Process of questioning potential jurors for impartiality.

Jury Challenges

  • Challenges to the Array: Defense challenges juror representation of the community.

  • Challenges for Cause: Jury members express inability to remain fair.

  • Peremptory Challenges: Dismiss jurors without reason, limited in number.

Trial Timelines

  • Initial presentations introduce parties and chronological facts, establishing a roadmap of evidence.

  • Prosecution presents evidence first, followed by the defense.

  • Time spent varies (20-60 minutes or longer depending on case complexity).

Presentation of Evidence
  • States own rules of evidence; prosecution leads evidence presentation (direct evidence is unambiguous; circumstantial evidence necessitates inferencing).

  • Hearsay: Not considered evidence unless criteria (e.g., dying declaration) are met.

Testimony

  • Involves direct examination by prosecutors without opinion (except as permitted).

  • Cross-examination by the defense questions witness reliability and testimony credibility.

  • Victim impact statements may be included.

  • Defendants have the right against self-incrimination (state cannot compel testimony).

Closing Arguments

  • Final narrative presentation to the jury summarizing evidence and making inferences from it.

  • Prosecution argues for guilt, exposure of weaknesses in the defense's argument.

  • The stage lasts 20 to 60 minutes depending on complexity.

Judge’s Charge to the Jury
  • Reinforces jurors’ responsibilities for impartiality and evidence consideration.

  • The jury deliberates away from the courtroom, potentially sequestered in high-profile cases to avoid outside influence.

  • Questions submitted in writing to the judge.

Jury Deliberation
  • Must remain uninfluenced during deliberations.

  • Can take from minutes to months.

  • Must provide individual verdicts on each charge.

The Verdict
  • Options include: Guilty, Not Guilty (Acquittal), or Hung Jury leading to a mistrial.

  • In case of a hung jury, the prosecution can choose to retrial, pursue a plea bargain, or dismiss the case altogether.

Sentencing

  • An acquitted defendant is released; a convicted defendant will undergo a pre-sentence investigation before sentencing.

  • Sentencing goals include proportionality, equity, social debt with five primary goals: retribution, incapacitation, deterrence, rehabilitation, and restoration.

Indeterminate Sentencing
  • Judges have broad discretion in sentencing; grounded in rehabilitation participation rationale.

  • Traditionally, this method is favored.

Determinate Sentencing
  • Involves fixed sentencing terms; often eliminates parole leading to longer incarceration.

  • Based on offense-related conduct and criminal history.

Mandatory Sentencing
  • Courts must impose specified terms set by legislation, limiting judicial discretion while expanding prosecutor authority.

  • Public dissatisfaction due to disproportionate penalties, especially for non-violent drug offenses.

Three Strikes Law
  • Many states and federal implementations exist aimed at lifetime removal of repeat felons.

  • California's version faced substantial controversy and reform in 2012.

Capital Punishment

  • Over 15,000 legal executions have occurred in the U.S. since 1608.

  • Peak years recorded in 1935-1936 with 200 legal executions.

  • Between 1967 and 1977, a moratorium against executions was realized.

  • The record for modern executions in a year was set in 1999, with 98 executions.

  • Currently, 27 states and the federal government utilize the death penalty.

Habeas Corpus Review
  • Mandatory review of all death sentences by appellate courts.

  • Average time between sentence and execution is 14 years and has been increasing.

Community Corrections

History of Probation

  • Concept originated with John Augustus in Boston, allowing supervision of offenders starting in 1841.

  • Probation expanded in 1878 with the establishment of paid probation officers and 1925 instituted federal probation systems.

Probation

  • Criminal sentence suspending incarceration to allow community living.

  • The most common form of sentencing in the U.S.

  • Approximately 2000 adult probation agencies exist.

  • Combined probation and parole agencies operate in around 30 states.

  • The adult probation rate is 1,810 per 100,000 population, which is five times that of comparable nations.

  • Majority of probationers are white males.

  • Main goals: maintain control while utilizing community rehabilitation programs.

Conditions of Probation
  • General conditions require remaining within court jurisdiction.

  • Specific conditions may include losing a driver's license, community service, and avoiding associations with known felons.

  • Violating conditions can lead to revocation of probation.

Advantages of Probation

  • Cost-effective: $48,000 average annual cost per inmate compared to $2,000 per probationer.

  • Increased employment opportunities and access to community resources.

  • Supports restorative justice via community service mandates.

Intermediate Sanctions

Fines

  • Historically one of the oldest punishment methods; approx. 80% of defendants receive fines as part of sentencing.

  • Disadvantage: disproportionately impacts the poor while economically advantageous for wealthier offenders.

Home Confinement and Electronic Monitoring

  • Known as house arrest; offenders are restricted to residence for specified times.

  • Electronic monitoring is typically part of this sanction.

Correctional Institutions

History of Corrections
  • Arising from dissatisfaction with corporal and capital punishment practices.

  • Reform efforts by William Penn and Quakers eliminated corporal punishment in favor of imprisonment.

Jails
  • Operated locally and designed for short-term confinement after arrest.

  • Approximately 66% of jail inmates are pretrial detainees.

  • The U.S. operates about 3,200 jails, spending around $10 billion yearly to maintain them.

  • Average costs for housing an inmate are $14,500 annually.

Prisons

  • Houses state and federal adult offenders, with roughly 1,700 state prisons and 122 federal prisons.

  • The U.S. leads globally in incarceration rates, quadrupling since 1980 even amidst declining crime rates.

Classifications of Prisons
  • Maximum Security: High-security facilities for violent offenders, e.g., Sing Sing, Alcatraz.

  • Supermax Prisons: Ultra-high security (e.g., Admax) for the most dangerous offenders; minimal communication permitted among inmates.

  • Medium Security: More freedom compared to maximum security with a focus on rehabilitation.

  • Minimum Security: Dormitory-style settings for least violent offenders; generally offer more resources and privileges.

Inmate Populations

  • High incarceration rates persist despite declining crime statistics; demographic studies reveal significant racial disparities in incarceration rates.

  • Overwhelmingly young male population, with women making up only 7%.

  • Most state prison sentences are related to violent crimes (50%), while property and drug offenses account for about 20% each.

  • Federal prisons predominantly house nonviolent drug offenders, with spending on these cases exceeding $9.7 billion yearly.

Prison Life
  • Institutionalization effects: loss of identity, dignity, and familial support; high potential for violence and disease among inmates.

Causes of Prison Violence

  • Further study required; historical context indicates that violence is influenced by prison conditions, overcrowding, and inmate interactions.

State Courts
  • Initial hearings take place, where evidence is presented and decisions are made applying state laws and procedures.

  • They can have general or limited jurisdiction.

Courts of Limited Jurisdiction (Approx. 13,500 in the U.S.)

  • Consist of municipal courts, county courts, and district courts.

  • Hear cases involving misdemeanors such as shoplifting, disorderly conduct, and simple assault.

  • Sanctioning power is typically limited to community sanctions and jail time.

Courts of General Jurisdiction (Approx. 2,000 in the U.S.)

  • Include felony, superior, supreme, county, and circuit courts.

  • Handle serious felony cases such as murder, robbery, and sexual assault.

  • Conduct arraignments, set bail, take pleas, and conduct trials.

  • If a defendant is found guilty, the trial court imposes a sentence.

State Appellate Courts

  • Act as intermediate courts between trial courts and supreme courts.

  • Review decisions made by lower courts within a state’s judicial system.

  • Cases can be appealed based on vague laws or procedures that violate due process.

State Supreme Court

  • Acts as the court of last resort and the highest-level appellate court.

  • Role: Review legal and procedural aspects of lower court decisions.

Types of Jurisdiction
  • Original Jurisdiction: The lawful authority of a court to hear or act on a case from its beginning and to pass a judgment on the law.

  • Appellate Jurisdiction: The lawful authority of a court to review a decision made by a lower court.

Federal Courts
  • Federal courts were established by Article 3, Section 1 of the U.S. Constitution, which created the federal judiciary within the three branches of government.

U.S. District Courts (94)

  • Trial courts of the federal system with jurisdiction to hear nearly all categories of federal cases, including civil and criminal matters.

  • Approximately 650 District Court judges staff these courts.

U.S. Court of Appeals (13)

  • Also known as circuit courts.

  • Hears appeals from district courts within its circuit, as well as appeals from decisions of federal administrative agencies.

  • They analyze judicial interpretations and constitutional issues but do not retry cases.

  • Generally consist of six or more judges.

U.S. Supreme Court (1)

  • The nation’s highest appellate body for all cases tried in federal and state courts.

  • Located in Washington, DC, with nine justices: eight associate justices and one chief justice.

  • All justices are nominated by the president, confirmed by the Senate, and serve for life.

  • They have the power of judicial review and select the cases they hear (at least four justices must vote in favor of a hearing).

  • Issues a writ of certiorari to request a transcription from the inferior court for inspection.

Role of the Judge
  • Primary responsibility: overseeing the trial process.

  • Safeguards both the rights of the accused and public interests in justice administration.

  • Holds authority to rule on matters of law, weigh objections, decide on evidence admissibility, and discipline those challenging the court order.

  • Instructs the jury on rules of evidence and formally charges them on determining guilt or innocence.

  • Judges also sentence offenders after a jury verdict.

Judicial Qualifications

Federal Judges

  • Appointed by the President with advice from the Senate.

  • No formal qualifications prescribed by the Constitution.

State Judges

  • Typically require a law degree, being a licensed attorney, membership in the state bar association, and age restrictions (at least 25 years and less than 70 years).

  • Approximately 1,300 non-lawyer judges serve in rural courts across 43 states.

  • States often require judges to undergo state-sponsored training in courtroom procedures, evidence, dispute resolution, and ethics.

Role of Prosecutor
  • Known as the district attorney or state’s attorney; federal equivalent is the U.S. Attorney.

  • Responsible for presenting the state’s case against the defendant, representing the people.

  • Burden of proof falls on the prosecutor.

  • State prosecutors are generally elected, serving four-year terms.

  • There are approximately 2,400 state court prosecutor offices employing around 79,000 attorneys, investigators, and support staff.

Prosecutorial Discretion
  • Key decisions include:

    • Accepting a plea bargain.

    • Diverting the suspect to other agencies.

    • Recommending counseling.

    • Dismissing the case entirely.

  • 1/31/3 to 1/21/2 of all felony cases are dismissed by prosecutors, indicating significant power and potential for abuse.

Defense Attorney
  • Trained lawyers, specialists in criminal law.

  • Types of defense counsel: Private vs. Public Defender.

  • Responsibilities include testing prosecutors' case strength, participating in plea negotiations, and preparing defense for trial.

  • Right to an attorney guaranteed by the 6th Amendment of the Constitution.

First Appearance
  • Defendants appear before a magistrate or lower court judge for the first time, also known as an initial appearance.

  • Occurs when defendants are brought before a judge to:

    • Receive formal notice of charges.

    • Be advised of their rights.

    • Retain a lawyer or have one appointed.

    • Opportunity for bail.

  • Must occur within 48 hours of arrest.

Bail
  • Money or property pledged to the court for securing release from custody pending trial.

  • Can be forfeited if the defendant flees.

  • There is no constitutional right to bail; the 8th amendment guarantees protection against excessive bail.

  • Purposes of bail:

    1. Ensures reappearance at court.

    2. Prevents unjust imprisonment of the accused.

Types of Bail

  • Cash Bail: Full amount paid in cash.

  • Deposit Bail: A portion is deposited; unusual.

  • Surety Bail: Bail bondsman is retained to ensure return; most common.

  • Conditional Release: Set conditions for release, required to sign agreements.

  • Unsecured Bonds: Paperwork signed without payment.

  • Release on Recognizance (ROR): No conditions; just a promise to return.

Issues with our system of Bail

  • Discriminatory: Disfavors impoverished individuals.

  • Costly: Unconvicted individuals may be compelled to jail due to inability to post bail.

  • Unfair: Individuals unable to meet bail may serve more time than those who do.

  • Dehumanizing: Places non-convicted individuals at risk of violence and mistreatment.

Grand Jury v. Preliminary Hearing

Grand Jury

  • Guaranteed by the 5th amendment of the Constitution.

  • Functions as an independent investigative body determining whether sufficient evidence exists to bring a case to trial.

  • After evidence presentation, the grand jury decides on probable cause.

  • An indictment is made; sessions held in secret, with the defendant and defense not typically present.

  • Comprised of about 23-30 members.

Preliminary Hearing

  • Alternative for states without grand juries; assesses probable cause to hold a defendant for trial.

  • Conducted before a magistrate or judge and is public, involving all parties.

  • The judge determines if the evidence supports probable cause for trial.

  • If sufficient, the prosecutor files an information to proceed.

Arraignment
  • Follows indictment; informs the defendant of charges and allows plea entry.

  • Possible pleas: Not guilty, guilty, or nolo contendere (no contest).

Plea Bargain
  • Negotiation process involving defendant, prosecutor, and defense counsel.

  • Types of plea bargains:

    • Reduction of initial charges.

    • Reduced counts of charges.

    • Recommendation for lenient sentences.

    • Altering charges to socially acceptable ones.

  • Plea bargains help reduce trial workload; 90%90\% of convictions result from guilty pleas.

  • The trial disposition rate remains stable with 910%9-10\% of cases proceeding to trial.

The Criminal Trial
  • Primary purpose: determining guilt or innocence.

Jury Selection

  • Select jurors randomly from registries.

  • Venire: Panel of potential jurors.

  • Voir dire examination: Process of questioning potential jurors for impartiality.

Jury Challenges

  • Challenges to the Array: Defense challenges juror representation of the community.

  • Challenges for Cause: Jury members express inability to remain fair.

  • Peremptory Challenges: Dismiss jurors without reason, limited in number.

Opening Statements

  • Initial presentations introduce parties and chronological facts, establishing a roadmap of evidence.

  • Prosecution presents evidence first, followed by the defense.

  • Time spent varies (20-60 minutes or longer depending on case complexity).

Presentation of Evidence

  • States own rules of evidence; prosecution leads evidence presentation (direct evidence is unambiguous; circumstantial evidence necessitates inferencing).

  • Hearsay: Not considered evidence unless criteria (e.g., dying declaration) are met.

  • Testimony: Involves direct examination by prosecutors without opinion (except as permitted).

  • Cross-examination by the defense questions witness reliability and testimony credibility.

  • Victim impact statements may be included.

  • Defendants have the right against self-incrimination (state cannot compel testimony).

Closing Arguments

  • Final narrative presentation to the jury summarizing evidence and making inferences from it.

  • Prosecution argues for guilt, exposure of weaknesses in the defense's argument.

  • The stage lasts 20 to 60 minutes depending on complexity.

Indeterminate Sentencing
  • Judges have broad discretion in sentencing; grounded in rehabilitation participation rationale.

  • Traditionally, this method is favored.

Determinate Sentencing
  • Involves fixed sentencing terms; often eliminates parole leading to longer incarceration.

  • Based on offense-related conduct and criminal history.

Mandatory Sentencing
  • Courts must impose specified terms set by legislation, limiting judicial discretion while expanding prosecutor authority.

  • Public dissatisfaction due to disproportionate penalties, especially for non-violent drug offenses.

Three Strikes Laws
  • Many states and federal implementations exist aimed at lifetime removal of repeat felons.

  • California's version faced substantial controversy and reform in 2012.

Extralegal factors in sentencing
  • Although the note mentions extralegal factors (sex, gender, age, race, sexuality) primarily influencing prosecutorial discretion, these factors can implicitly affect sentencing outcomes due to their impact on earlier stages of the criminal justice process.

Death Penalty
  • Over 15,000 legal executions have occurred in the U.S. since 1608.

  • Peak years recorded in 1935-1936 with 200 legal executions.

  • Between 1967 and 1977, a moratorium against executions was realized.

  • The record for modern executions in a year was set in 1999, with 98 executions.

  • Currently, 27 states and the federal government utilize the death penalty.

Habeas Corpus Review

  • Mandatory review of all death sentences by appellate courts.

  • Average time between sentence and execution is 14 years and has been increasing.

History of Probation
  • Concept originated with John Augustus in Boston, allowing supervision of offenders starting in 1841.

  • Probation expanded in 1878 with the establishment of paid probation officers and 1925 instituted federal probation systems.

Probation
  • Criminal sentence suspending incarceration to allow community living.

  • The most common form of sentencing in the U.S.

  • Approximately 2,000 adult probation agencies exist.

  • Combined probation and parole agencies operate in around 30 states.

  • The adult probation rate is 1,810 per 100,000 population, which is five times that of comparable nations.

  • Majority of probationers are white males.

  • Main goals: maintain control while utilizing community rehabilitation programs.

History of Corrections
  • Arising from dissatisfaction with corporal and capital punishment practices.

  • Reform efforts by William Penn and Quakers eliminated corporal punishment in favor of imprisonment.

Jails
  • Operated locally and designed for short-term confinement after arrest.

  • Approximately 66%66\% of jail inmates are pretrial detainees.

  • The U.S. operates about 3,200 jails, spending around $10 billion yearly to maintain them.

  • Average costs for housing an inmate are 14,50014,500 annually.

Prisons
  • Houses state and federal adult offenders, with roughly 1,700 state prisons and 122 federal prisons.

  • The U.S. leads globally in incarceration rates, quadrupling since 1980 even amidst declining crime rates.

How many individuals are incarcerated?

  • The U.S. leads globally in incarceration rates. (Specific total number not provided in the note, but implies a very high number).

Who incarcerates the most people (country)?

  • The U.S.

Highest numbers of federal prisoners are convicted of what crime?

  • Federal prisons predominantly house nonviolent drug offenders.

Largest percentage of state prisoners are convicted of what type of crime?

  • Most state prison sentences are related to violent crimes (50%50\% ).

Overcrowding

  • Conditions of overcrowding influence prison violence.

Classification of state prisons

  • Maximum Security: High-security facilities for violent offenders, e.g., Sing Sing, Alcatraz.

  • Supermax Prisons: Ultra-high security (e.g., Admax) for the most dangerous offenders; minimal communication permitted among inmates.

  • Medium Security: More freedom compared to maximum security with a focus on rehabilitation.

  • Minimum Security: Dormitory-style settings for least violent offenders; generally offer more resources and privileges.

Life in Prison for men and women

  • Institutionalization effects: loss of identity, dignity, and familial support; high potential for violence and disease among inmates.

  • Overwhelmingly young male population, with women making up only 7%7\% of inmate populations.