Criminology Final

History and Organization of the U.S. Courts

  • Police

  • Courts

  • Corrections

History of the Courts

  • Before courts

    • Before courts, disputes were settled in other ways

  • Blood feud

    • Personal vengeance and physical violence

  • “Man Price”

    • Pay a fee to the King or to a noble for breaking the peace

      • Raised money

      • Peaceful way to address conflict

      • Became common over time, especially for public order offenses

  • Trial by Compurgation

    • Defendant could establish innocence by taking oath and having a required number of people swear that they believed the oath

      • Accuser had to provide more oaths than defendant

      • Value depended on social status

        • Women and slaves didn’t count

      • Used in medieval Germany and England

  • Trial by Ordeal

    • Accused had to perform a test that appealed to divine authority to prove innocence

      • Ancient custom used in many cultures

      • Required participation of a priest

      • Self-incrimination was common

  • Early Courts

    • Court = agency that has authority to decide cases, controversies in law, and disputed matters of fact brought before it

    • Assize of Clarendon in 1166 (England)

      • Grand jury decision to charge person (not victim/accuser)

      • Crime became public problem, not private

      • Influenced U.S. grand jury

    • Roman Catholic Church decided no more trials by ordeal in 1215

      • Trial by jury developed

        • Originally, same 12 people as the grand jury, but later separated

      • Based on evidence

  • Courts in England

    • Common law courts

    • Court of the Star Chamber

      • Abolished in 1641 (rights violation)

  • Development of U.S. courts

    • Each colony had a different court system

      • American Revolution because of lack of colonists’ rights

      • But, still based on England’s system

    • Goal of balance between legislature and courts

    • Article III of the U.S. Constitution established the federal judiciary and its jurisdiction

    • Judiciary Act of 1789 addressed organization of federal courts into three-part system

      • Supreme Courts (already in Article III)

      • District Courts (minor crimes, civil suits)

      • Circuit Courts (trial courts; different from current appellate courts; similar to modern district courts)

    • Judiciary Act of 1891 (Evarts Act) reorganized federal judiciary

      • Focused on circuit courts

      • Created the level of appeals courts (modern circuit courts at the federal level)

    • Court cases that changed how courts operate 

      • Marbury v. Madison (1803) - judiciary is equal to legislative and executive branches; established judicial review

      • McCulloch v. Maryland (1819) - Congress has implied powers to make laws (“necessary and proper clause”); supremacy clause (federal law takes precedent and states cannot make laws that go against federal law)

Modern U.S. Court Structure

  • U.S. has a dual court system = state courts and federal courts

  • System we use today has been in place since 1925

  • Jurisdiction

    • Types of jurisdiction (authority to decide a case)

      • Geography

      • Subject matter (federal or state law broken; specifics of the case)

    • Hierarchical

      • Original jurisdiction = lawful authority of a court to hear cases within specified geographical boundaries and within their subject matter authority

        • Trial courts handle trials

      • Appellate jurisdiction = lawful authority of a court to review a decision made by a lower court 

        • Appellate courts handle appeals

    • Case that is handled by state courts typically stays within the state court system 

      • To be appealed to the U.S. Supreme Court (federal), has to pertain to the U.S. Constitution 

  • State Courts

    • Overall structure mirrors the federal courts system

    • State Constitutions establish the state courts

Federal Courts

  • Federal district, appellate, and the Supreme Court have judges that are appointed by the U.S. President and hold their term for life

  • Federal District Courts

    • 94 district courts (federal trial courts)

      • Geographically bound by states and territories

      • Every state has at least 1

        • Caseload and population

      • Hear criminal and civil matters

  • Federal Courts of Appeals (Circuit Courts)

Case Processing in Courts

  • U.S. Supreme court

    • Highest court in the U.S.

      • 9 justices

    • Absolute court of last resort (decisions are final)

    • Chooses which cases to hear (“Rule of Four”) (takes four judges to hear)

Pretrial Proceedings

  • Case Processing - Review

    • Initial appearance in court (probable cause for arrest; bail)

      • Final could have a question where we are asked how many steps apply

    • Charging (by prosecutor)

    • Preliminary hearing (probable cause for charge)

    • Arraignment (formal reading of charges; plea bargain opportunity)

    • Trial

  • Docket

    • The schedule of cases in a court 

      • Each case is part of a docket

  • Timeframe

    • Processing a case through the court system can take a long time

    • 6th amendment calls for a “speedy trial”

    • Speedy Trial Act of 1974 = federal cases brought to trial 100 days or less after an arrest

    • Time for pretrial process in state courts varies and depends on type of charges

      • Misdemeanor = typically get to trial within 6 months of arrest

      • Felony = typically reach trial within 1 year of arrest

  • Initial Appearance

    • Appearance before a magistrate to assess legality of arrest inform the defendant of the charges on which they are ign held

    • Should occur within 48 hours of arrest

  • Bail 

    • Bail = security (e.g., cash) provided to the court by the defendant to guarantee their return to court to answer criminal charges

    • Full cash - defendant has to pay full amount of money set by a judge

    • Deposit cash - defendant has to pay a certain percentage of the full amount of money set by a judge

      • If don’t show up to court, have to pay the full amount

    • Unsecured bail - monetary amount set by a judge, but defendant does not have to pay any of it before release

      • If don’t show up to court, have to pay the full amount

    • Property - use a piece of property as collateral 

      • If don’t show up to court, lose the property

    • Surety bail - paper bond, property, other valuables instead of money (through bond agent - pay fee) 

    • Released on own recognizance (ROR) - no monetary amount set; defendant promises to return for their court proceedings

    • Conditional bail - places conditions on the defendant that hey must follow to get released (and stay out of jail)

      • Typically paired with another type of bail

    • The collateral will be returned if show  up for court

    • The collateral won’t be returned if fail to show up for court

  • Charging

    • Usually the decision of the prosecuting attorney

    • Can happen by:

      • Complaint: police file directly with court (minor)

      • Indictment: requires grand jury

      • Information: prosecutor has sole discretion and files charges directly with court (requires preliminary hearing)

  • Grand Jury

    • If charging by indictment, grand determines if probable cause for the charge(s)

      • Have to be used in federal felony cases 

      • Does not have to be used in all state cases (varies by state)

Prosecutorial Discretion

  • Can I prove the case? Should I prove this case?

    • Evidence matters a lot at the beginning

    • Factors such as severity and previous offenses play a part in determining whether a case should be proved

      • Contextual

      • Resources (external - the ability to hear, number of judges, courts opening) to help with over working (weeding out cases to clear up system)

      • Focus on extreme cases

  • Consistency in process vs. consistency in outcomes?

    • Sense of justice varies in consistency

    • Individualized treatment - how an outcome would affect accused

    • Difference in how discretion is used however sense of justice is used in all cases

  • Jury vs Bench Trial

  • Pretrial Motions

    • Motion for discovery

      • Prosecution has to provide Defense with evidence they’ll use

      • Relates to 6th amendment due process and right to “fair trial”

      • Motion to determine competency

    • Motion for change of venue

      • Ask to move to different jurisdiction

    • Motion for continuance

    • Delays the trial

Rights of the Defendant

  • 5th Amendment

    • Prohibits self-incrimination

    • Prohibits double jeopardy

    • Indictment by grand jury

  • 6th Amendment

    • Right to an attorney

    • What did we say about the 6th amendment in the policing unit? 

    • Right to a speedy trial

    • Rights to witnesses

  • 8th Amendment

    • Prohibits excessive fines and excessive bail

    • Prohibits cruel and unusual punishment (humane)

  • 14th Amendment

    • Right to due process in the courts

Plea Bargaining

  • Most cases are settled through plea bargaining, so do not go to trial

  • Have to plead guilty or “nolo contendere”

  • Types of plea bargaining:

    • Charge bargaining/vertical plea (reduced/change the charge)

    • Count bargaining/horizontal plea (reduce number of crimes charged with)

    • Sentence bargaining (more lenient sentence)

Courtroom Workgroups

  • Adversarial system in theory, but cooperative in practice

  • Through interactions, develop informal norms that guide the processing of cases

  • Courtroom workgroup = the professionals who work together to move cases through the court system 

    • Primary courtroom workgroup = judge, prosecutor, and defense attorney

  • Courtroom workgroups in Practice

    • Those working in the criminal courts learn the language, rituals, and protocols that dictate the pace and atmosphere of the court’s daily practice

    • Goals of workgroups:

      • Maintain good relationships

      • Reduce uncertainty/unpredictability

      • Increases efficiency

    • Going rates = standard, predictable punishments for normal crimes (to go against norm, needs to be good reason why)

      • Plea bargains

  • Other courtroom personnel

    • Bailiff - courtroom security

    • Court reporter - documents live testimony

    • Clerk - organizes all logistics, docket/schedule, preparing official records, etc.

Early Forms of Punishment

  • Before Prisons

    • Corporeal punishment

      • Death

        • Crucifixion

      • Physically painful punishments (e.g., whipping)

    • Exile from the community

    • Shaming

      • Stocks and pillory

  • Early jails

    • Early jails in the U.S. colonies resembled England 

      • Unsanitary

      • Everyone kept together (males, females, all types of offenders)

  • Development of Prisons

    • Penitentiary Act in 1779 in England

    • Jeremy Bentham’s panopticon idea

U.S. Prison History

  • U.S. Prisons

    • Corrections in the U.S. started in the early 1800s after the American Civil War

    • William Penn - imprisonment as the punishment in and of itself, rather than a method for holding people until the corporeal punishment 

      • Old Walnut Street Prison in Phili

  • Pennsylvania Model

    • Eastern state penitentiary

      • Prisoners were all put in solitary confinement for an indeterminate time period

        • Silent and separate model

          • Supposed to reflect, become remorseful for their behavior, and change their ways

  • New York Model

    • Auburn Prison

      • Congregate but silent

      • Prison uniforms

      • During the day, prisoners were supposed to find redemption through hard manual labor

        • Chain gang

U.S. Mass Incarceration

  • Mass Incarceration

    • In the 1970s, U.S. had about 300,000 people incarcerated

    • Today, there are about 2 million people incarcerated in the U.S. 

      • Incarcerating more people and keeping them incarcerated for longer periods of time

  • Jails vs Prisons

    • Jails are locally operated facilities

      • Hold people awaiting court appearances

      • Hold people sentenced to less than 1 year for low-level misdemeanors

    • Prisons are state-run (mostly… some private prisons)

      • Hold people sentenced to more than 1 year (typically for felonies)

      • Everyone in state prisons have been found guilty of a crime (either through a guilty plea or a guilty verdict at trail)

  • State Prisons

    • Hold convicted offenders with sentences greater than 1 year

    • Operate by security level and segregated by offender gender, age, and offense category

    • State department of corrections operates the state prison system

    • Different roles for staff in prison

      • Wardens, Correctional officers, etc.

  • Total Institution

    • Erving Goffman came up with the term 

      • Total institution = a place where people work, play, eat, and sleep together on a daily basis and are cut off from broader society and under control of authority figures in charge

    • Total Institution 

      • Small societies with distinctive values and styles of life

      • Closed system that is separated from the outside world

  • Prison Subculture

    • Prison has formal rules and also informal rules that make up a prison subculture

    • Prisonization = process whereby newly institutionalized offenders come to accept prison lifestyles and criminal values

    • Two theories about the development and function of prison subculture

      • Deprivation Model - a subculture is developed to help cope with losing everything once your in prison (literature supports this more)

      • Importation Model - the subculture develops because people are bringing in criminal values and influencing the prison setting

  • Prison Programming

    • Goal is to help offenders build skills needed to reduce recidivism (committing a future crime)

    • Examples of programs:

      • Educational programs

      • Vocational training

      • Religious opportunities

      • Artistic therapy

    • Prison labour (controversial)

  • Issues with prisons

    • Overcrowding

      • Disease spread

    • Special needs populations

      • Give me some examples

    • Reentry problems (make a list)

      • What do people need to reenter society?

        • Money

        • Housing

        • Job

        • Transportation

        • Rehab

      • Disparities (e.g., race/ethnicity, gender, poverty, status) in incarceration

The Corrections

  • Sentencing

    • After plea deal or trial they go for a sentencing hearing

    • In between the time of the girly plea or verdict and the sentencing hearing, the probation department will compile a pre-sentencing report

    • Judges evaluate each case to determine an appropriate sentence (except death penalty cases)

      • Considers aggravating and mitigating circumstances

    • Sentencing guidelines give recommendations for the sentence

    • Guidelines are sometimes organized in a sentencing matrix with recommended sentences based on several factors:

      • Offense gravity score

      • Person’s criminal record

  • Mandatory Minimums

    • Required minimum incarceration time for certain offenses

      • Applies to some felonies and some misdemeanors

  • What about victims/survivors

    • What do they say they want as a response?

      • Data from some states gives us an insight

      • Most victims want the crime to not happen again, not necessarily punishment

      • Prefer prevention, rehabilitation, accountability

  • Community Corrections

    • Community corrections are officially ordered program-based sanctions

    • Permit convicted offenders to remain in the community under condition supervision

      • Not incarcerated but can be

    • Alternative to an active prison sentence

    • Based on needs assessment

  • Diversion Programs

    • Least restrictive of community corrections sanctions

    • Rehabilitation-oriented sentencing

    • Examples: Residential faith-based treatment programs, drug programs, juvenile justice programs

  • Probation

    • Serve sentence in community instead of being incarcerated

      • Report to probation officer

    • Most common form of criminal sentencing 

    • Probation sentence is decided by a judge during sentencing

    • Probation can be revoked if don’t follow the rules

  • Intermediate Punishment

    • Maintains an offender in the community but under stricter controls than a standard probation

      • Examples: Electronic monitoring and house arrest

  • Parole

    • Early release of a prisoner into the community to serve the remainder of their sentence

      • Report to parole officer

    • Parole is decided by a parole board

  • Net Widening

    • Net widening = criminal justice programs pull or catch more people into the system than would otherwise be involved

Intersectionality

  • Considering multiple characteristics/social categories and how these social identities can create overlapping and interdependent advantage or disadvantage