POLS 207 Lecture 24 (Fall 2024) - Criminal Justice Policy & Course Conclusion (web)

Overview of Criminal Justice Policy

• Introduction to Course: POLS 207 at Texas A&M University focuses on State & Local Government Criminal Justice Policy.

• Today’s Topics:

  • Criminal Justice and its relation to criminal law.

  • Crime and punishment in various states.

  • Incarceration rates and policies.

  • Capital punishment practices.

  • Public policy frameworks at the state level.

Key Issues in Criminal Justice

• Variety of Issues:

  • Competing policing models (e.g., professional model, community policing, "broken windows").

  • Racial disparities and issues in policing and sentencing, including racial profiling and officer-involved shootings.

  • Controversial practices like no-knock warrants and the "Tough on Crime" movement.

  • The impact of mass incarceration and the “War on Drugs.”

  • The influence of private prisons and the debate around capital punishment.

Criminal Acts Under State Law

• Defining Criminal Law:

  • Criminal actions are deemed harmful to the state, making the state the accuser and prosecutor.

  • The prosecution involves:

    • Arrest

    • Filing charges

    • Presenting evidence to a grand jury

    • Undergoing the trial process

• State’s Role in Punishment:

  • The state maintains the exclusive right to punish crime, invoking Weber’s concept of the state’s monopoly on legitimate violence.

  • Justice and redress are public actions, contrasting with private vengeance.

Classifying Crime

• Categories of Crime:

  • Violent Crimes: Actions against individuals, such as homicide and assault.

  • Property Crimes: Offenses against possessions, such as larceny and burglary.

  • Crime Levels:

    • Misdemeanors: Minor offenses.

    • Felonies: More severe crimes, typically resulting in punishment of over one year in prison, and may disenfranchise individuals in some states.

The Role of the State

• State Prosecution:

  • Presented as "The State of Texas vs. [Defendant]."

  • Counties cover prosecution costs, while the state manages prisons.

  • A majority of cases resolve through plea bargaining instead of trials.

  • The burden of proof lies with the state, requiring guilt to be established "beyond a reasonable doubt."

Criminal Justice Policy History

• 1960s-1980s Context:

  • Rising crime rates prompted states to adopt punitive policies.

  • Legislation included lengthier sentences and reduced flexibility in sentencing (e.g., determinate sentencing, mandatory minimums).

  • Federal incentivization of punitive measures, exemplified by the 1994 Crime Bill, included heightened penalties under the "War on Drugs."

Recent Reforms in Criminal Justice

• Evolution of Policies:

  • Previous "tough on crime" policies are now reconsidered amid mass incarceration costs.

  • Many states view substance abuse as a public health issue, focusing on decriminalization (e.g., marijuana legalization).

  • Despite recent crime rate fluctuations, overall crime levels have been decreasing since the 1990s.

Rationales for Punishment

• Five Main Justifications:

  1. Retribution: Community demands repayment for wrongs.

  2. Incapacitation: Protecting society by removing offenders.

  3. Deterrence: Preventing future crimes by serving as an example.

  4. Rehabilitation: Aiming to reintegrate offenders into society successfully.

  5. Restoration/Reparation: Fostering community justice and repairing societal harm.

Prisons and Correctional Policy

• Prison Functionality:

  • Intended for incapacitation but can also pursue rehabilitation.

  • A significant expense at approximately 7% of state budgets.

  • Deterrent effect from "tough on crime" policies leads to high incarceration rates; variance in rates among states raises questions about underlying factors.

Current Incarceration Statistics**

• Incarceration Rates (2024): Varied significantly across states, highlighting disparities, with states like Louisiana and Texas having among the highest rates.

Conflicting Policy Goals

• Prison Management Challenges:

  • Need for cost-effective systems and privatization.

  • Texas's shift towards mental health and rehabilitation investment instead of incarceration.

  • Movement towards "smart on crime" policies focusing on humane treatment, adhering to the 8th Amendment's prohibition on cruel and unusual punishment.

Capital Punishment Overview

• Social Conservatism and Execution:

  • Support for the death penalty represents a key conservative stance, acting as a measure of social order.

  • Arguments for capital punishment typically cite retribution and deterrence as central themes.

Death Penalty Sentencing**

• Sentencing Guidelines:

  • Distinct processes for determining sentencing across states, considering aggravating and mitigating factors.

  • Key legal rulings exclude mentally handicapped individuals, juveniles, and those with severe mental illness from receiving the death penalty.

8th Amendment and Death Penalty**

• Cruelty Assessment:

  • The Supreme Court in Furman v. Georgia identified four principles defining cruel and unusual punishment, resulting in the invalidation of Georgia’s death penalty law due to its arbitrary application.

U.S. Moratorium on the Death Penalty**

• Historical Context (1972-1976):

  • Furman decision led to a temporary invalidation of death penalty laws across the U.S.

  • Gregg v. Georgia later deemed the death penalty non-inherently cruel, reinstating its legality under specific guidelines.

Current State of Capital Punishment**

• Modern Landscape:

  • 27 states maintain the death penalty, though execution numbers have also declined.

  • Texas remains a leading state in executions, housing a significant proportion of the nation’s death row inmates.

Decline of the Death Penalty**

• Factors Influencing Decline:

  1. Life-without-parole options are now available in all states.

  2. Doubts regarding deterrent effectiveness on crime.

  3. Concerns about bias and arbitrary applications in sentencing.

  4. Long delays in capital cases, averaging nine years on death row.

  5. High costs associated with death penalty proceedings versus life imprisonment.

  6. Risks of wrongful convictions.

Criminal Law in States & Communities**

• Law Enforcement Powers:

  • States wield significant police powers and responsibilities for the criminal justice system, impacting all aspects from laws to corrections.

  • Over 99% of criminal cases are handled at the state level.

Policy Formation in Government**

• Nature of Policy:

  • Policy reflects governmental actions or inactions on issues, impacting communities and individuals.

  • Silence or inaction can also serve as a policy statement, affecting public perception and advocacy.

Areas of Public Policy**

• State Responsibilities:

  • States are empowered to legislate on a wide array of public policy areas, including:

    • Housing and urban development

    • Transportation

    • Environmental policies

    • Education

    • Criminal justice

    • Public health

    • Poverty and welfare

    • Economic development

  • Some responsibilities overlap with federal governance.

Criminal Law: Criminal law defines actions considered harmful to the state, establishing the state as both the accuser and prosecutor in criminal cases. It involves several key processes:

• Arrest: The apprehension of a suspected offender.

• Filing Charges: Officially charging an individual with a crime.

• Presenting Evidence to a Grand Jury: Accusation leading to further legal proceedings.

• Undergoing the Trial Process: The judicial process for determining guilt or innocence.

Role of the State in Punishing Crime: The state holds the exclusive right to punish criminal behavior, following Weber's concept of the state's monopoly on legitimate violence. This means:

• Punishment is a public matter, emphasizing justice and redress rather than private revenge.

• The state manages legal consequences, aiming to maintain order and safety in society.