Criminal Justice Final

Chapter 6

  • Estelle v. Gamble 1976

    • Supreme Court mandate 

    • Inmates right to medical care 

    • Gamble hurt their back in a TEXAS prison, officer said you can still work and they got severely injured 

    • Then filed suit regarding the type of treatment received as it reflected the lack of interest in prison guards shown in case 

    • Supreme court said: “Deliberate indifference to serious medical needs of prisoners constitutes the unnecessary and wanton infliction of pain proscribed by EIGHTH AMENDMENT

    • Deliberate indifference” Corrections staff including guards knowingly refuse to respond to inmates safety concerns, complaints, medical attention etc. 

    • Gamble collected monetary damages for injuries and correctional administrators must now consider access, quality, and cost of healthcare as prison regime 

  • Populations in prison 

    • The US has the most people in prison 

    • China comes in second 

    • While Switzerland only has 4000

  • 4th Amendment 

    • Bar Illegal searches and seizures 

    • Police officers cannot indiscriminately use authority to investigate possible crime or arrest a suspect 

    • Stopping, questioning, and searching an individual without LEGAL justifications represents a VIOLATION of the Fourth Amendment right to PERSONAL PRIVACY 

  • 8th Amendment 

    • Bar EXCESSIVE BAIL, fines, or CRUEL and Unusual Punishment 

    • Bail is a monetary bond put up by the accused to attain freedom between arrest and trial and is meant to ensure trial appearance 

    • The money is forfeited if the defendant misses the trial date 

    • Doesn't guarantee constitutional right to bail but prohibits the use of excessive bail 

    • Protects the accused and convicted offenders from actions regarded as unacceptable by a civilized society INCLUDING corporal punishment and torture 

  • 1st amendment 

    • Freedom of speech, religion, assembly petition, and expression

Chapter 8 (second half emphasis)


  • The U.S. Supreme Court has taken an active role in the legality of police operations, with a primary concern being the need to balance law enforcement investigations with the constitutional rights of citizens.

  • Pretext Stops

    • A pretext stop is when an officer stops a car because he/she suspects the driver is involved in a crime, but the officer lacks probable cause and uses instead a pretext, such as a minor traffic violation to stop the car and search its interior.

  • Roadblock Searches

    • While random stops are forbidden, a police department can set up a roadblock to stop cars in a systematic fashion to ensure public safety, as long as police can demonstrate that the checkpoints are conducted in a uniform manner.

    • Police can stop a predetermined number of cars at a checkpoint and can request each motorist to produce his or her license, registration, and insurance card.

  • Voluntariness

    • The major legal issue with most consent searches is whether police can prove that consent was given voluntarily.

    • The police are usually under no obligation to inform a suspect of their right to refuse consent.

    • Failure to tell a suspect of the right to refuse does not make the search illegal, but it may be a factor used by the courts to decide if the suspect gave consent voluntarily.

  • KNOW US SUPREME COURT FLORIDA V BOSTICK 501 U.S 429

  • Free To Go”

    • Officers do not have to advise a motorist that they are “free to go” to make a consent to a search reasonable.

    • Evidence in plain view of officers may be seized without a search warrANT

  • Plain Touch

    • This is similar to the plain view doctrine, allowing an officer a pat-down of a suspect, however the pat-down must be limited to a search for weapons and

    • The officer may not extend the “feel” beyond what is necessary to determine if it is a weapon

  • Crimes Committed in an Officer’s Presence

    • In the case of a felony, most jurisdictions provide that an officer may arrest a suspect without a warrant when probable cause exists, even though the officer was not present when the offense was committed.

    • A probable cause hearing must occur within 48 hours when an arrest was made without a warrant.

  • The Miranda Warning and Miranda today and the Impact  ( Miranda v Arizona 384 US 426)

  • Landmark case Riley v. California ( 573 US 373)

  • Newark: known for heavy drug trafficking so police can stop you 

  • Good Faith exception: US v. Leon 1984 - part of the exclusionary rule 

    • The court ruled that evidence seized by police relying on a warrant issued by a detached and neutral magistrate can be used in court proceedings even if the judge who issued the warrant made a mistake in drawing up the document  

    • Evidence may be used even if there as a technical fault since the police acted in good faith when they sought the warrant from a judge 

      • Ex. judge put the wrong address on the warrant known as the CLERICAL mistake/error 

  • Exclusionary rule (Arizona v. Evans) 

    • Definition: principal means used to restrain police conduct

    • 4th Amendment guarantees individual right to be secure in persons, homes, papers, and effects AGAINST unreasonable searches and seizures

    • Excludes use of illegal confessions under the Fifth Amendment 

    • The court ruled exclusionary rule designed to deter police misdirect 

    • Not punish police for honest mistakes 

  • Herring v US 

    • Good faith case 

    • Officers searched the herring based on a warrant listed in the neighboring county database 

    • Warrant recalled (police did not know) 

  • Fruit of the Poison Tree (EXCLUSIONARY RULE)

    • Silverthorne Lumber Co. vs. US 1920 

    • derivative /secondary evidence obtained from a search that violated the exclusionary rule 

    • Fruit from poison tree = bad just like evidence that was unlawfully obtained 

    • DOCTRINE applies to not only evidence obtained directly from violation of 4th amendment but also indirectly obtained from such a violation 

      • Ex. police without probable cause and a warrant searches private home, finds a ket to locker nearby and searches the locker, the police cannot search the locker as that is a separate warrant etc. any evidence obtained form the locker would be considered fruit of the poisonous tree

  • Mapp vs Ohio (1961)

    • Made exclusionary rule applicable to STATE courts

    • Police officers forcibly searched a home using a FAKE warrant 

    • Searched turned up contraband BUT violated the FOURTH amendment’s prohibition of unkindest unreasonable searches and seizures 

    • So the illegally seized evidence couldn't be used in court 

    • Justice TOM CLARK delivered the MAJORITY OPINION and made clear the importance of the constitutional right 

    • evidence obtained illegally can't be used 

  • If the arrest was not properly conducted, anything obtained from it is not inadmissible in court 

Chapter 9

  • General jurisdiction (NJ SUPERIOR COURT)

    • State/Federal court that has jurisdiction over felony offenses, serious crimes that carry penalty of incarceration in state/federal prison for 1+ years

    •  Approximately 2,000 courts of general jurisdiction exist in the US

    • “Felony”< superior, supreme, county, circuit courts 

    • May be responsible for reviewing cases on appeal from courts of limited jurisdiction 

    • Sometimes base decision on review of the transcript of the case, or can grant a new trial (TRIAL DE NOVO) 

    • Changes in these courts (like increase in felony filling rates) closely moitored as serious crime is great public concern 

    • Organized in judicial districts or circuits and based on a political division such as a county or group of counties 

    • Receive cases from limited courts within county/jurisdiction 

    • Some general courts separate criminal and civil cases

    • 10 states, DC, Washington, Puerto Rico, general and limited courts have created a unified court system

  • General to superior court 

  • Know relations to the court 

    • Courts of Limited jurisdiction NJ MUNICIPAL Courts

      • municipal, county, district, or metropolitan courts

      • minor/less serious civil/criminal cases

      • Restricted to types of cases

      • Criminal

        • hear misdemeanors or disorderly conduct

        • Sanctioning power limited

        • Punishments may be fins, community sentencing, incarceration in county JAIL 

        • Conduct arraignments, preliminary hearings, bail earnings in felony cases (before being transferred to superior courts) 

    • Some  states have specialized courts (family, drug, juvenile court) and separate civil and criminal courts 

    • Specialized court: focus on treatment and care for special needs offenders 

    • 15,000 limited jurisdiction courts handle about 65% of all incoming caseloads  in State courts

  • Because so many cases, they are often accused of providing assemble line justice

  • Overloaded court dockets have resulted in “assembly-line justice,” wherein most

defendants are induced to plead guilty, jury trials are rare, and a speedy trial is usually

unattainable.

  • Each state maintains its own state court organization, with each state permitted to create

as many courts as they wish, name courts as they see fit, and establish specialized courts.

  • There is a great deal of diversity in court organization from one state to the next.

  • Federal court 

    • There exists a three-tiered hierarchy of court jurisdiction:

      •  U.S. district courts

      •  U.S. courts of appeals

      • U.S. Supreme Court.

  • The U.S. Supreme Court

    • The nation’s highest appellate body and the court of law resort.

    • Composed of nine members with lifetime appointment.

    • The only court established by constitutional mandate.

    • When the Supreme Court reaches a decision, it becomes a precedent that must be honored by all lower courts.

    • The use of precedent gives the Supreme Court power to influence and mold the everyday operating procedures of the criminal justice system.

  • STATE COURTS ALSO FOLLOW SUPERIOR, APPELLATE, NJ SUPERME COURT

  • US SUPREME COURT

  • How a Case Gets to the Supreme Court

    • Cases that come before the Supreme Court involve a significant federal question, usually of a constitutional nature.

    • Judges have the discretion to select cases for review for a decision.

    • Four of the nine Justices must vote to hear a case brought by a writ of certiorari for review. This is known as the rule of four.

    • In reaching a decision, the Supreme Court reevaluates and reinterprets STATE statutes, the U.S. Constitution, and previous case decisions.

    • With its decision, the Supreme Court has had the broadest impact of freedomto the criminal justice system.

  • Identify the problems associated with court congestion.

    • State court systems handle about 100 million new cases each year and the federal courts are equally burdened. Congestion is undesirable for a variety of reasons:

      • Makes people wait too long for a resolution.

      • Costs money.

      • Delay can violate the Sixth Amendment right to a speedy trial.

  • Factors that produce trial delay and court congestion include:

  • The increasing population has outpaced growth in the court system.

  • Aggressive prosecution of petty offenses and nuisance crimes.

  • The law has become more complex and technological issues have become involved requiring the need for a more involved court process.

  • Mandatory minimums reduce plea bargaining and increase the number of jury trials.

  • Civil litigation has increased.

  • If relief is found, it will be as better administration and management techniques or unifying existing state courts into one administrative structure with updated management principles.

  • Identify factors associated with judicial decision-making.

    • Attitudes, ideology, and opinions (although it sounds wrong IT IS TRUE) 

    • Demographic characteristics 

    • Reelection 

  • Other Judicial Functions

    • Rule on appropriateness of conduct 

    • Settle questions of evidence and procedure 

    • Guide the questioning og witnessness 

    • Intrusct jurors 

    • Decide cases 

    • Sentencing 

  • Judicial Qualifications

    • Selection of judges varies by jurisdiction: the governor appoints some; some are selected through popular election

    • Resident of state, liscensed to practice law at least 25 YEARS OLD and less than 70 YEARS OLD 

    • Some do not require law degrees

    •  NJ JUDGES ARE APPOINTED BY THE GOVERNOR

  • ▪ Alternative Dispute Resolution MEDIATION V ARBITRATION

    • Arbitration: the process of dispute resolution in which a neutral third party renders a decision following a hearing at which both parties agree to be heard, usually binding  (more formal) 

    • Mediation: informal dispute resolution process in which a neutral third party helps disputing parties reach an agreement, usually comes before arbitration and is nonbinding 

  • Judicial Decision Making

    • The Prosecutor

      • appointed/elected member of the practicing bar, responsible for bringing state cases against the accused 

      • Criticized for bargaining justice - prosecutorial discretion 

      • Work with law enforcement for police investigation reports, provide legal advice, and train police personal 

    • The Exercise of Discretion

      • Dangerous, as broad discretion with few limitations 

      • Ex. prosecutorial decision-making can be inked to system, case, disposition or political factors 

    • The Defense Attorney

      • Legal counsel for the defendant in a criminal case represents the accused from arrest to final appeal 

      • Experience role conflicts 

    • The Sixth Amendment provides the right to counsel.

      • The right to counsel begins at the earliest stages of the justice system and has been extended to post-conviction proceedings.

      • Indigent defendant: lacks funds for a private attorney 

      • Public defender: employed by the government and represents criminal defendants who can't afford a lawyer 

    • There are some areas where the courts have not required assistance of counsel for the accused.

      • The general rule is that people cannot be deprived of freedom without representation by counsel if there is a chance that they will lose their liberty and be incarcerated in a correctional institution.

    • US SUPREME COURT GIDEON V WAINWRIGHT (US 372 U.S 335)

      • Right to counsel 

      • Indigent felony 6th amendment

Chapter 10 

  • Procedures Following Arrest

  • Learning Objective 1: Discuss the procedures following arrest.

    • Pretrial procedures are important components of the justice process, as many cases are resolved informally during this stage and do not go to court.

    • After arrest, the accused ordinarily goes to the police station where police list the possible criminal charges and obtain information for booking.

    • The arrestee is usually detained by the police until it is decided whether a criminal complaint will be filed.

    • The complaint is the formal written document identifying the criminal charge the date and place where the crime occurred, and the circumstances of the arrest.

    •  During arraignment, the judge informs the defendant of the charge, ensures that the accused is properly represented by counsel, and determines whether he should be released on bail or some other form of pretrial release.

    • The defendant is considered for bail so that he may remain in the community to prepare his criminal defense.

  • There is Legal Right to Bail (Even if its no bail)

  • Release on recognizance – released without bail upon their promise to return for trial.

  • Pretrial Detainees

    • A defendant who is not eligible for bail or release on recognizance is subject to pretrial detention in the local county jail.

    • Conditions in jail tend to be poor and rehabilitation is nonexistent.

    • Pretrial custody accounts for more U.S. incarceration than imprisonment after sentencing.

    • Over half of those held in local jails are accused but not convicted (pretrial detainees). Jails are often considered the weakest link in the criminal justice process.

    • Those in pretrial detention are more likely to be convicted and get longer prison sentences than those who commit similar crimes but are released on bail.

  • Bail Reform

    • Bail has been heavily criticized as one of the most unacceptable aspects of the criminal justice system.

    • Reform programs depend on the defendant’s recognizance, instead of on financial ability; conversely, there is also a trend to deny people bail on the grounds that they are a danger to themselves or others.

    • Indigent defendant: lacks funds for a private attorney 

    • Public defender: employed by the government and represent criminal defendants who cant afford a lawyer 

    • Use of relesase on recognizance to replace money bail for NONDANGEROUS offenders 

    • Tighten bail restriction on most dangerous offenders 

  • Define pretrial services.

    • Programs that gather information to assess each arrestee’s likelihood of failure to appear and provide supervision for defendants conditionally released.

    • Specialized pretrial services help courts deal with the problem of court congestion.

      • Prior to trial date, determ ine which can be released on bail pending trial 

    • Discuss the pros and cons of plea bargaining.

      • Pros 

        • Cost, resource, and administrative effective 

        • Prosecution can devote more time to more serious cases 

        • Defendants avoid possible detention/extended trial and can receive reduced sentence 

      • Cons 

        • Defendants waive constitutional right to trial 

        • Allow dangerous offenders lenient sentences 

        • Danger that an innocent person will be convicted of a crime 

        • Prosecutors given free hand

        • Possible innocent  person wil admist guilt 

        • Guilty plea culture 

    • Legal Issues in Plea Bargaining

      • Effective assistance of counsel 

      • Please must be voluntary  

      • Prosecutor and defendant promises MUST be kept

      • Due Process rights violated (must not be) 

      • Guilty please from persons who claim innocence is valid 

      • Use of plea bargaining statements at trial 

      • Flawed advice from the defense attorney which leads to ineffective assistance and rejection of plea deal 

    • Pretrial Diversion ( IN NJ WE CALL IT PTI PRE-TRIAL INTERVENTION) OR CONDITIONAL DISMISSAL

      • The placement of offenders into noncriminal diversion programs prior to their formal trial or conviction.

    • The diversion program suspends formal criminal proceedings while the accused participates in the program under court supervision.

    • The prosecutor plays a central role in the diversion process.

    • Diversion programs are less expensive and help reduce court crowding and trial delays.

    • Some national evaluations have concluded that diversion programs are no more successful at avoiding stigma and reducing recidivism than traditional justice processing.

    • The most prominent criticism is that these programs help widen the net of the justice system.

  • Legal Rights During Trial

    • Trial: open and public hearing designed to examine facts of case brought by state on accused 

      • Most formal trials are heard by jury though some request bench trial judge 

      • Impartial Judge 

      • Right to be competent 

      • Confront witness 

      • Compulsory process 

      • Impartial jury 

      • Consel

      • Speedy and public trial 

      • Convect by proof beyond a reasonable doubt 

  • The Right to Counsel at Trial

    • The Sixth Amendment requirement regarding the right to counsel in the federal court system is also binding on the states.

  • The Right to be Convicted by Proof Beyond a Reasonable Doubt (CRIMINAL) VS PREPONDERANCE OF THE EVIDENCE (CIVIL) ( to prove that something is more likely than not)

  • The Trial Process 

    • Jury selection 

      • Both civil anc cirminal cases, randomly from liscensing and voter registration lists 

      • Few states impose qualification and little uniformity about time served 

      • Initial list is venire 

      • Voir dire jurors examined under oath and removed accordingly 

      • Challenge for cause dismissal of juror by prosecutor or defense because they are biased

      • Peremptory challenges: rremoval of juror without explanation 

    • Opening Statements

      • Outline facts and describe how government will prove defendant guilty beyond reasonable doubt or how they are not guilty 

    • Prosecutions Case 

      • Present evidence through witnesses

      • Direct examination prosecutor quesitons witness 

      • Cross examination defense questions witness 

    • Criminal Defense  

      • Directed verdict: judge director jury to decide not guilty etc 

    • CLosing arguments

      • Last words, refute arguments

    • Instruction to jury 

      • Judge isntructs.charge jury members on principles of law and guide/control decision on innocence or guilt 

    • Deliberation and Verdict 

      • Once the charge given to jury members, they deliberate on a verdict 

      • Can take hours or days 

      • Jury nullification jury refusal to render a verdict according to law and fact regardless of evidence presented 

    • The Sentence

      • Usually trial judge responsibel though jury may determine setnence or make recconmdenation about leniency 

      • Decision based on informaiton and recommendation given to court by probation department 

    • Appeals 

      • Once verdict rendered, defedant found guikty, defense can petition an appealte court to review 

    • A writ of habeas corpus

Chapter 11

  • General Deterrence

    • People should be punished to set an example for others

    • Punishment should be proportionate and fair 

    • The effect is less than desired 

  • Incapacitation

    • Preventing crime by keeping offedners under state control 

    • Evidence is mixed 

    • Other factors that have an influence 

      • Population make up 

      • Police effectiveness

      • Drug use 

      • The economy 

    • Diminishing  effects overtime 

  • Specific Deterrence

    • Experience of suffering punishment should inhibit future law violations

    • To convince offedners that the pains of punishment grearter than potential benefits of crime 

    • Mixed results about reffectivenes 

  • Retribution/Just Desert

    • Punishment should fit crime 

    • Those who violate others rights deserve to be punished 

  • Rehabilitation

    • Justice system is obligated to help unfortunate people and NOT simply punish fo rmisdeed 

    • Proper treatment will prevent future crimes 

  • Diversion

    • Aimed at sparing nondangerous offedners from the stigma and labeling of criminal convition and further involvment with the justice process 

    • Diverted to community correctional program for treatment 

  • Equity/Restitution

    • The action or practice of awarding each person their just due 

    • Seeks to compensate individual victims and general society for losses due to crime 

  • Restoration

    • Defendants may be asked to confront behavvior, the dagamge caused to victim, and shame they brought to family, friends, community 

  • Concurrent vs. Consecutive Sentences

    • Concurrent = served at same time 

      • Example 5 years for steal car and 10 for drugs, can be served at same time so it will be done in 10 years since they start on the same day 

    • Consecutive = served one after another 

      • 20 years for drug and 60 years for murder, served seperately so total 80 years 

    • Effective of good time = reduce sentencing for good behavior 

  • The statutes of the jurisdiction in which the crime was committed determine the penalties that may be imposed by the court.

  • Over the years a variety of sentencing structures have been used in the United States.

    • Indeterminate Sentences

      • Offenders placed in confinement only until  they are rehabilitated  and then released on parole 

    • Determinate Sentences

      • Fixed term of years to be served by offender sentenced to prison for particular crime 

    • Mandatory Sentences

      • Fixed priosn setence for certain crime 

      • Chronic recidivists 

      • Limits judicial discretion 

    • Three-Strikes Laws

      •  LONG priosn setneces for person who convicted THREE felony offenses 

    • Truth in Sentencing

      • Require offedenrs serve a substantial amount og sentence 

      • Elimination or reduction of parole on good time 

  • What Factors Affect Sentencing?

    • Social class

    • Gender 

    • Age

    • Victim characterstics

      • Victim Impact statements 

    • Race 

    • Severity of offense 

    • Offenders prior cirminal record 

    • Use of weapones and violence 

    • Wehther crime was committed for money 

    • Indeterminate sentences—“the treatment should fit the offender.”

    • Determinate sentences—the impact of sentencing guidelines.

    • Mandatory sentences—used to limit the judge’s discretion.

    • Three strikes laws—lengthy prison sentence as a result of a third felony offense.

    • Truth in sentencing—requires offenders to serve a substantial portion of their sentence prior to release

Chapter 12

  • Probation 

    •  is a criminal sentence that suspends or delays a correctional term in a prison or jail in return for a period of community supervision during which the probationer must abide by certain conditions set forth by the court, under the supervision of a probation officer.

    • Given after conviction .. ? not in textbook 

    • Rests on the assumption that the typical offender is NOT a dangerous criminal or “menace to society”

    • Belief that person has the ability & potential to REFORM 

    • Being stigmatized and labeled as an ex-con leads to slighly higher rates of recidivism 

  • Community Sentencing 

    • Includes probation 

    • Most common form of correctional treatment 

    • Allows people to remain a part of the community, is cost-effective, and keeps prisons from overcrowding/keeping people away from other criminals who can make them higher-level offenders

    • Severity can be decided based on the crime

  • History of probation .. probs dont have to know 

    • Judicial reprieve: common law practice (older/traditional law) allowed judges to suspend punishment so convicted offenders could gather new evidence, seek a pardon, and attempt to demonstrate reformed behavior 

    • Recognizance: medical practice in which convicted offenders could be free/unpunished if they agreed to refrain from future criminal activity/enter into debt obligation with the state

  • Contemporary Probation service 

    • Conclusions are that it is highly common and useful 

    • Less costly, keeps prisons less overcrowded, and overall good 

    • 1/61 US adult residents are on probation, over 4 million with over 2 million being placed on probation annually 

  • Conditions of probation 

    • Probation rules: conditions mandated by the court by a probationer 

    • Probation orders invovled contract between court and probationer 

    • Violated rules = technical violation and can lead to probation being revoked 

    • Revocation: probation removed either by probation authority or court and regular incarceration enforced 

    • Second offense more serious while on probation: a person may be indicted, tried and sentenced separately for that offense 

    • Unnecessary to commit another crime, sometimes the conditions are just not met 

    • Judge has huge discretion with probation rules and conditions, as well as how to go about violations in order to fit the probationer the best way possible 

    • Internet and probation: higher restrictions on website restricitons or overall internet usage to avoid chatrooms 

  • Awarding Probation 

    • Probationary sentences may be granted by state and federal district courts and state superior (felony) courts.

    •  Probation not restricted to petty or first-time criminals. 

    • Most people convicted of felonies do receive some form of incarceration, in either prison or jail, but about 30 percent of felons are sentenced to probation

    • Juries may reccomend probaiton, but judge has final say 

      • In attempt to shape judicial discretion, states have created guidlines for granting prbation 

    • Over 50% of cases involve a direct sentence of probation without prison term being suspended or delayed 

    • Suspended sentence: prison term delayed while defendant undergoes community treatment, and if successful term is terminated 

    • Some offenders may be required to serve a prison sentence before being granted probation 

  • Administering probation 

    • local administration: citizens and agencies of the community more readily support programs that are open to their participation and are responsive to local needs and problems.

      • tend to be smaller and more flexible, able to adjust more quickly to change, and less encumbered by bureaucratic rigidity

    • State administration: greater disposition of resrouces, more effective use of funds and personnel, set standards so more uniformity 

  • Duties of a probation officer 

    • Five primary tasks: investigation, intake, diagnosis, treatment supervision, and risk classification 

    • Pre-sentence investigation: An investigation performed by a probation officer attached to a trial court after the conviction of a defendant

      • Accumulates important background info 

    • Intake: intake interviews, deal with issues between victim and offender and other invovled, can be kind of a mediator and does not always lead to court 

    • Diagnosis: selecting appropriate treatment plan

    • Treatment supervision: what it says.. 

    • risk classification: An assessment of the risk level probationers pose to the community and themselves.

      • Level of Service Inventory–Revised (LSI-R) ; common system used

  • Probationar rights 

    • Civil rights

      • No confidentialoty between probationer and probation officer 

      • Can be searched without a warrant under come circumstnces

    • Revocation rights 

      • Offender notified and formal hearing conducted 

      • Right to counsel

      • Informal inquiry to ensure arrest/violation found under probable cause 

      • Cannot get probation revoked for failure to pay fine unless specific circusmtance

    • Effectiveness

      •  Most revocations occur for technical violations during the first 3 months of the probation sentence

      • 65% of probationers successfully complete probationary sentence 

      • Not as positive for felony probationers, but at least they were less likely to become recidivists after probation vs. after incarceration

    • Future of probation 

      • Making probationers pay.

      • Enhanced community engagement.

      • Area needs

    • Specialized probation 

    • Private probationers

      • For lower offenders so state can focus on higher offender

  • Alternatives to Imprisonment 

    • Intermediate sanctions: The group of punishments falling between probation and prison (“probation plus”). Community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration.

      • Advantages

        • Cost benefits. 

        • Equitable community sentences.

        • Increased control.

        • Reduced overcrowding. 

        • Use with different classes of offenders. 

  • Fines

    • Fines: Levying a money payment on offenders to compensate society for their misdeeds.

      • Commonly used in europe as sole punishment even felonies!

    • day fines: A fine geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process.

  • Forfeiture: The seizure of personal property by the state as a civil or criminal penalty.

    • criminal (in personam) or civil (in rem)

  • Restitution 

    • restitution:A condition of probation in which the offender repays society or the victim of crime for the trouble the offender caused.

    • monetary restitution: A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out-of-pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs.

    • community service restitution: An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence.

  • Split or shock sentencing

    • Grant offenders community release only after they sample prison lif e

    • split sentencing:A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community.

    • shock probation: A sentence in which offenders serve a short prison term before they begin probation, to impress them with the pains of imprisonment.

  • Intensive porbation services (IPS)

    • Intensive probation supervision (IPS): A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis.

    • 3 main goals 

      • Decarceration. W

      • Control. High-risk offenders can be maintained in the community under much closer security than traditional probation efforts can provide.

      • Reintegration. 

    • Effective: high rates of failure, so not rly effective 

  • electronic monitoring (EM): Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court-ordered limitations on their freedom.

    • House arrest: requires people to spend x amount of hours in home 

  • residential community corrections (RCC): A nonsecure facility, located in the community, that houses probationers who need a more secure environment. Typically, residents are free during the day to go to work, school, or treatment, and return in the evening for counseling sessions and meals.

  • day reporting centers (DRCs): A nonresidential community-based treatment programs.

  • Restoration nin progress: schools and police 

  • parole vs probation, know the difference 364 vs 365

Restitution value for what has been stolen

 

Supreme court

Rule of four

Why the Supreme Court is the last word: highest order

Why are community sentences popular: cheaper, keep them in the community, keep them by the family maintain employment, maybe get outpatient treatment

 

Intermediate sanction: in between its good because it keeps people outside, alternative to bringing them back to prison, instead of 0-100 its 0-50. if you test positive for drugs instead of going back to prison you get drug tested regularly 

 

Restorted justice: make the criminal acknowledge the crime they committed. Let them see what the victim felt

 

 

13:

 

 

Couple questions on judges that they should be impartial but are human beings so they cant always 100% be

Plea bargaining: example of what she writes and she will ask if it was procedural if it was worth it .. So asking why they did it

 

Inmate population us is the highest prison population maybe know the number

 

 

 

Legal rights during trial: right to confront people, right to understand whats going on around you, right to a fair trial

 

 

The grape of habies courses : produce the body,, higher court is telling a lower court "hey were gonna hear this case" bring that person in front of this court

 

Right of surchiori : to get you case to the supreme court you have to write a request kind of of why they should look into it

 

 

 

 

ROR release on your own recognitize: be able to get released without any money

 

In nj if you are sentenced you have 45 days from the date of the sentence to file for an appeal

 

 

What were the questions she went over in class the seven questions