Chapter 14: Crime, Corrections, and Public Safety

Why Policies around Crime, Corrections, and Public Safety Matter\n\n* The criminal justice system possesses the significant power to deprive an individual of their liberty and, in certain cases, their life.\n* Texas is often cited as a \"poster child\" for the harshness of its criminal punishment systems and policies.\n* In terms of capital punishment, no other state in the United States executes more prisoners than Texas.\n* In terms of correctional oversight, no state maintains a larger total correctional population than Texas.\n* Statistical health and safety concerns are prominent, as approximately $1$ in every $10$ jail inmate deaths in the United States occurs within the state of Texas.\n\n# Policing and Law Enforcement Organizations in Texas\n\n* Law enforcement officers are granted the authority to make arrests and utilize force while performing their official duties; this is described as an \"awesome responsibility.\"\n* A diverse array of police organizations operates within Texas, including:\n * Texas Department of Public Safety (DPS): A statewide organization.\n * City Police Departments: Local municipal law enforcement.\n * Sheriff’s Departments: County-level law enforcement.\n * Constables’ Offices: Specifically elected or appointed county officials.\n * College Police Departments: Specialized campus law enforcement.\n * ISD (Independent School District) Police Departments: Specialized law enforcement for educational facilities.\n\n# Theories of Justice and Restorative Goals\n\n* The criminal justice system operates under a framework of specific laws designed to deter criminal acts.\n* Recidivism: Defined as the act of recommitting crimes after an individual has already been punished. The system aims to reduce recidivism by holding convicted criminals accountable for their actions.\n* Restorative Justice: The system is responsible for making victims \"whole.\" The objectives include:\n * Helping crime victims and their families engage in a healing process.\n * Protecting victims and families from future harm.\n * Providing a sense that justice has been adequately served.\n\n# Constitutional Rights of Texans and the Accused\n\n* The U.S. Bill of Rights: The first ten amendments to the U.S. Constitution guarantee essential rights for those accused of crimes, which include:\n * The right to be informed of the nature and cause of the accusation.\n * The right to be confronted with witnesses against them.\n * The right to have legal counsel assist in their defense.\n * The right to protection against unreasonable search and seizure.\n * The right to avoid double jeopardy (being prosecuted twice for the same individual crime).\n * The right to due process.\n* The Texas Constitution (Article 1): Also contains a Bill of Rights regarding the accused. Significant legal interpretations include:\n * The Texas Court of Criminal Appeals has ruled that Texas constitutional provisions should not always be interpreted identically to their federal counterparts.\n * The court concluded that the Texas Constitution provides more protection than the Fourth Amendment of the U.S. Constitution.\n * New Judicial Federalism: This concept posits that state constitutional rights provisions can provide more expansive rights than the U.S. Constitution. The court famously described the U.S. Constitution as setting the \"floor\" for individual rights, while state constitutions establish the \"ceiling.\"\n * While states cannot eliminate rights like the right to counsel, they may adopt further protections, such as mandating legal counsel for every misdemeanor case.\n\n# Characteristics and Challenges of Police Departments\n\n* Police departments vary significantly in size, specialization, resource allocation, community contact, and response times.\n* Specific problems affecting Texas departments include:\n * Response Times: Can be notably slow; for example, the Dallas PD.\n * Personnel Management: Recruiting and retaining officers in large urban areas is difficult.\n * Community Relations: In large urban centers, officers are unlikely to have personal relationships with the communities they serve, creating challenges for effective policing.\n\n# Public Safety and Crime Statistics (UCR)\n\n* Uniform Crime Report (UCR): This is one of the most comprehensive datasets on crime in the U.S., based on police arrest and reporting data.\n* Index Crimes: Refers to eight crime categories: murder, aggravated assault, rape/sexual assault, robbery, burglary, motor vehicle theft, larceny-theft, and arson.\n* In $2022$, Texas reported approximately $900,000$ index crimes.\n* Property Crimes: Accounting for $63\%$ of all crimes, these include larceny, burglary, and motor vehicle theft.\n* Violent Crimes: Accounting for $12\%$ of reported crimes, these include murder, rape, and aggravated assault.\n* Texas ranked $13$ among states (and Washington, D.C.) in its crime rate in $2022$. \n* Crime Rate Trends (2012–2022):\n * Violent Crime (per 100,000 people): Ranged from approximately $400$ to $460$. \n * Property Crime (per 100,000 people): Historically ranged from over $3,600$ in $2012$ down to approximately $2,400$ in $2022$.\n\n# Handgun Ownership and Legislation\n\n* Gun Acquisition: Texans purchased nearly $1.3$ million guns in $2023$.\n* Demographic Shift: Despite high purchase numbers, gun ownership relative to population growth has declined, and the proportion of adult households with a gun has decreased since $1980$.\n* Gun Deaths: There has been a rise in gun-related deaths in Texas (primarily homicides and suicides) since the year $2014$.\n* Recent Texas Gun Laws and Shooting Timeline:\n * 11/5/2009: Fort Hood Shooting occurred ($13$ fatalities; $31$ injured).\n * 9/1/2011: Law restricted employers from banning firearms in vehicles in work parking lots.\n * 9/1/2013: Law created a school marshal program for armed workers in schools.\n * 4/3/2014: Fort Hood Shooting 2 occurred ($3$ fatalities; $12$ injured).\n * 1/1/2016: Open Carry Law allowed license-holders to carry handguns in a hip or shoulder holster.\n * 7/7/2016: Dallas Police Shooting ($5$ fatalities; $11$ injured).\n * 8/1/2016: Campus Carry Law required public universities to allow license-holders to carry concealed weapons on campus.\n * 9/1/2017: Law made attacking police/judges a hate crime and funded bulletproof vests.\n * 11/5/2017: Texas First Baptist Church Shooting ($26$ fatalities; $20$ injured).\n * 5/8/2018: Santa Fe High School Shooting ($10$ fatalities; $13$ injured).\n * 8/3/2019: El Paso Walmart Shooting ($22$ fatalities; $26$ injured).\n * 8/31/2019: Odessa-Midland Shooting ($7$ fatalities; $25$ injured).\n * 9/1/2019: Law clarified carry rights in places of worship; eight executive orders strengthened reporting.\n * 9/1/2021: Permitless Carry Law (age $21+$) and \"Second Amendment sanctuary state\" law passed.\n * 5/22/2022: Robb Elementary School Shooting ($21$ fatalities; $17$ injured).\n * 5/6/2023: Texas Outlet Mall Shooting ($8$ fatalities; $7$ injured).\n * 12/3/2023: Dallas Shooting ($4$ fatalities; $11$ injured).\n\n# Drug Crimes and Overdoses\n\n* The drug overdose death rate in Texas doubled in the last decade, reaching $15.4$ deaths per $100,000$ people in $2022$.\n* Fentanyl Crisis: Fentanyl-related deaths increased by more than $550\%$ since $2019$, accounting for $44\%$ of all drug deaths in $2022$.\n* Legal Shift: Laws regarding opioids have become stricter, while marijuana enforcement has declined.\n* 2007 Marijuana Reform: The legislature allowed police to cite and release individuals for possession of less than $4$ ounces of marijuana.\n\n# Border Security Policies\n\n* SB 4 (2023): Makes it a state crime to enter Texas illegally and allows local law enforcement to arrest and order undocumented migrants to leave the U.S.\n* Operation Lone Star: Governor Abbott's initiative to stop drug flow and undocumented immigration.\n* Budgetary Increase: In the $2024–25$ budget, Texas allocated over $5$ billion toward border security, compared to only $100$ million in $2008–09$.\n\n# Texas Commission on Law Enforcement (TCOLE)\n\n* TCOLE develops and enforces standards by:\n * Licensing law enforcement personnel.\n * Certifying all peace officers (except elected ones).\n * Certifying county and private jailers (responsible for federal/out-of-state prisoners).\n * Revoking licenses when standards are unmet.\n * Monitoring police training.\n\n# Criminal Classifications and Penalties\n\n### Felony Crimes\n* Felony: A serious criminal offense subject to fines or imprisonment.\n* Capital Murder: Killing a peace officer/firefighter, killing a child, murder for hire, or death during certain crimes. Penalty: Death or life without parole.\n* First Degree: Aggravated assault on a servant/servant, aggravated kidnapping/sexual assault, arson of a habitation. Penalty: $5$ to $99$ years (or life) in state prison; fine up to $10,000$.\n* Second Degree: Arson, bigamy, bribery, robbery, sexual assault, manslaughter, possession of $50$ to $2,000$ pounds of marijuana. Penalty: $2$ to $20$ years in state prison; fine up to $10,000$.\n* Third Degree: Stalking conviction, third DWI, third violation of a protective order. Penalty: $2$ to $10$ years in state prison; fine up to $10,000$.\n* State Jail: Burglary of a building, DWI with child passenger, check forgery, possession of less than $1$ gram of a controlled substance. Penalty: $180$ days to $2$ years in state jail; fine up to $10,000$.\n\n### Misdemeanor Crimes\n* Misdemeanor: A minor offense punishable by small fines or short jail sentences.\n* Class A: Burglary of a vehicle, second DWI, public lewdness, $2$ to $4$ ounces of marijuana. Penalty: Up to $1$ year in county jail; fine up to $4,000$.\n* Class B: Prostitution, terrorist threats, first DWI, criminal trespass, $2$ ounces or less of marijuana. Penalty: Up to $180$ days in county jail; fine up to $2,000$.\n* Class C: Public intoxication, disorderly conduct, minor's possession of alcohol. Penalty: Fine up to $500$.\n\n# Punishment and Legal Processes\n\n* Probation: A suspension of a prison sentence requiring the defendant to meet court-imposed requirements (e.g., regular reporting to a probation officer). Violation results in jail.\n* Parole: Release after serving prison time under rules and supervision of the Board of Pardons and Paroles. Capital crimes are ineligible.\n* Sentencing Enhancements: Previous convictions increase penalties. The \"three strikes\" rule allows life imprisonment for a person convicted of three felonies.\n* The Trial Process:\n * Arraignment: Judge explains charges and reviews rights; bail is set.\n * Bail Controversy: A federal court declared the money bail system in Harris County unconstitutional for indigent misdemeanor arrestees.\n * Grand Jury: $12$ people determine if there is sufficient evidence (probable cause). They vote \"true bill\" (proceed) or \"no bill\" (do not proceed). In $2015$, Texas replaced the \"pick-a-pal\" system with random selection.\n * Plea Bargaining: Agreement to plead guilty for reduced charges or lighter sentences. Saves resources and ensures conviction rates but can pressure the innocent.\n * Trial: Juries have $12$ members for felonies and $6$ for misdemeanors. Decisions must be unanimous \"beyond a reasonable doubt.\"\n\n# Actors and Defense in the Justice System\n\n* County Attorney: Elected official prosecuting misdemeanors.\n* District Attorney: Public official prosecuting serious crimes in district court.\n* Defense Lawyers:\n * Assigned counsel: Private lawyers paid by the county to represent the poor.\n * Public defender: Government-salaried lawyer representing the poor.\n\n# The Texas Prison System and Incarceration Economics\n\n* Population: As of August $31$, $2022$, there were approximately $117,000$ offenders in state prisons, $2,500$ in state jails, and $2,700$ in substance abuse facilities.\n* Costs: Prison costs approximately $62$ per day per bed, whereas probation costs only about $4.40$ per day.\n* History: The Huntsville penitentiary ($225$ cells) opened in $1849$. Private leasing of labor ended in $1910$ due to abuse scandals.\n* Ruiz v. Estelle (1980): Federal court ruled inmates' constitutional rights were violated regarding crowding, health care, and discipline. This led to early release policies to reduce crowding.\n\n# Demographics and Racial Disparities\n\n* Prison Population by Race (2023):\n * White: $33\%$ of prison pop. ($41.2\%$ of Texas pop.).\n * Latino: $34\%$ of prison pop. ($39.7\%$ of Texas pop.).\n * Black: $32\%$ of prison pop. ($12.9\%$ of Texas pop.).\n* Death Row Population (2024):\n * Black: $47\%$ ($82$ inmates).\n * White: $26\%$ ($45$ inmates).\n * Latino: $26\%$ ($46$ inmates).\n* Execution Statistics: Black people accounted for $46\%$ of those executed, despite being only $13\%$ of the population in $2020$.\n\n# Integrity and Reforms\n\n* Wrongful Convictions: DNA evidence has proven many wrongful convictions, often linked to bad eyewitness identification or \"bad science.\"\n* Craig Watkins: Dallas DA who created the Conviction Integrity Unit.\n* Compensation: Texas has the nation's most generous compensation system for exonerated persons.\n* Juvenile Justice: Texas juvenile courts cover ages $10$ to $17$. In $2007$, a sexual abuse scandal involving $13$ boys in custody led to a reduction in lockup use.\n\n# Questions & Discussion\n\n* Critical Thinking on Indigent Defense: Does Texas spend more or less on indigent defense services than other states? Texas generally spends between $10$ to $14.99$ per capita, placing it in a lower-to-middle tier nationally.\n* What constraints hinder workload limits? Financial costs and overwhelming caseloads for existing departments.\n* Red Flag Laws Discussion:\n * The Case of Zackey Rahimi: Rahimi assaulted his girlfriend, violated protective orders, and committed a shooting spree. The Fifth Circuit initially ruled in his favor regarding gun ownership under the Bruen standard, but the U.S. Supreme Court later upheld federal laws barring those under domestic violence restraining orders from owning weapons.\n * Current Regulation: $74\%$ of Texas voters support Red Flag laws (ERPOs), but Texas does not have one. Connecticut's ERPO law showed a reduction in firearm suicide ( $1$ suicide prevented for every $10$ to $20$ orders issued).\n * Question: Should Texas adopt a Red Flag law to reduce gun injuries given that $70\%$ of intimate partner homicides of women in Texas in $2022$ involved firearms?", "title": "Chapter 14: Crime, Corrections, and Public Safety"}

The criminal justice system wields significant power over individuals' liberties, with Texas being a notable example of harsh punishment policies, particularly in capital punishment and corrections. Various law enforcement agencies operate in Texas, including state and local departments. The system aims to reduce recidivism and provide restorative justice for victims. The U.S. Bill of Rights and the Texas Constitution guarantee rights to the accused, with Texas providing more expansive protections in some cases. Police departments face challenges like slow response times, personnel management, and community relations. Crime statistics indicate Texas reports a high number of index crimes. Gun ownership has seen demographic shifts, while drug-related deaths have surged, particularly due to fentanyl. Border security policies have intensified, with increased state funding for such measures. TCOLE sets standards for law enforcement, and criminal classifications divide offenses into felonies and misdemeanors, each with specific penalties. The legal process involves various stages, including arraignment, grand jury decisions, and plea bargaining. Racial disparities are evident in incarceration rates, and integrity reforms aim to address wrongful convictions, alongside juvenile justice concerns. Public discussions focus on indigent defense spending, workload constraints, and the potential for Red Flag laws to enhance public safety.