Intro to Criminal Justice chap. 1 notes

Fundamentals of Criminal Justice

  • Heather Hayer - 32yo, killed on August 12, 2017 at a white supremest rally (there as counter protester) in Charlottesville, Virginia by James Alex Fields Jr. (20yo)

  • Executive Orders - A directive from the president that has the same force as a law and doesn't require approval from congress.

Fun Fact: Over 8 million serious criminal offenses reported to FBI per year; about 1.2 million of them involving violence and about 6.9 million involving damaged or stolen property.

Foundations of Criminal Justice (history)

  • The foundation of our criminal justice system is criminal law: laws that define criminal acts and how those acts will be punished.

  • Enactment of new criminal laws or changes to them are almost always triggered by social, political, or economic changes.

The Criminal Law: How it Changes and How it Changes the System

(Purple = cause Green = effect)

  • Kalief Browder - 16yo accused of stealing backpack, 2 years solitary in Rikers, released after 3 years due to insufficient evidence, committed suicide at age 22 in 2015. Obama signed an order in 2016 banning solitary confinement for juveniles.

  • Polly Klaas - 12yo, kidnapped, raped, and murdered by Richard Allen Davis in 1993 in Petaluma, California.

  • Three-strikes law in California

    • People who commit violent crimes have 2 chances to turn it around, and on strike 3 they get locked up for 25 years. 20+ federal and state governments adopted this law afterwards.

    • Realized that this law would cost a lot of taxpayer money (additional $8.1 billion in a decades time) and didn't really reduce crime. It also wasn't fair to a lot of criminals (up to 40% of those incarcerated with life sentences under the three-strikes law were mentally ill).

    • In November 2012, voters decided to soften the sentencing law and only impose a life sentence when the 3rd felony is serious or violent, as defined by state law.

    • This change help resentence thousands.

Consensus Theory of Justice

  • Principles of the DOI are similar to those of John Locke's Second Treatise on Civil Government.

    • Locke's theory: All were created by God to be free, equal, and independent, and to have inherent inalienable rights to life, liberty, and property. You also have the right to self-protection if rights are infringed. Some people were just born evil. Believed the chief purpose of government was the protection of property.

    • People formed governments, surrendered rights of self-protection and received governmental protection of their lives, property, and liberty.

    • Benefits and considerations: people give up their rights to protect themselves and receive protection in return. Governments give protection and receive loyalty and obedience in return.

    • Properties would be joined together to form a common wealth. Once joined in the commonwealth, you can't withdraw from it and your land can't be removed from it. Property holders became members of the commonwealth only with consent to submit to its government.

  • The Consensus Theory of Justice: most citizens in society share similar values and beliefs.

    • Even a diverse population of individuals hold the same morals/views on “right” or “wrong” behavior. These views are reflected in law.

    • Acknowledges that perspectives and values, can change over time. Ex.) marijuana- 2000: 31% of Americans in support; present day: over 68% in support. Colorado was the first to legalize recreational marijuana in 2012.

    • Mala en se: acts most people think are bad

    • Mala prohibita: acts that aren’t inherently bad but still deemed undesirable to society.

Conflict Theory of Justice

  • Jean-Jacques Rousseau differed from both Hobbes and Locke.

    • JJR: development of private property and unequal distribution of resources = loss of freedom and creates conflict.

  • The Conflict Theory of Justice: There will always be competing interests and viewpoints in society.

    • Beliefs can differ greatly, in turn, consensus is not possible. Ex.) abortion.

    • Maintains that laws reflect the interests of the most powerful people in society. Characteristics of certain groups makes them more/less likely to be subjected to laws and criminal sanctions (age, class, gender, race).

Crime Control and Due Process (Herbert Packer)

  • The crime control model follows an assembly line-like philosophy.

    • Primary goal is to deter criminal conduct and protect society.

    • Police and prosecutors should be able to use their own judgement to control crime and the criminal should be punished ASAP.

  • The due process model is similar to an obstacle course.

    • Primary goal is fairness.

    • Prioritizes protecting the rights of accused and keeping police/prosecutors in check. Slows down the process.

    • Embraces rehab as a strategy to prevent future crime.

    • Substantive due process refers to the fairness of the laws.

    • Procedural due process refers to the fairness of the procedures used to enforce laws.

Discretion: Making and Applying the Law

  • Discretion: making decisions based on personal judgement without being unfair or prejudice.

  • “If you choose not to decide, you have still made a decision.”

  • Used by police, prosecuting attorneys, judges, and corrections.

The Pathway Through the Criminal Justice System

Law Enforcement: Investigation/Arrest

  • Once established a crime was committed, the person must be caught before the case can go through the system.

Prosecution and Pretrial Activities

  • Police send arrest report to the prosecutors who will then use discretion to decide if formal charges will be filed with the court. Prosecutors can also drop charges (Noelle prosequi) if they feel the probable cause or evidence is weak.

Initial Appearance

  • Judge decides if there was probable cause for the arrest. Determination of guilt and assessment of penalty may also happen at this stage.

  • Possible discussions of bail or another conditional release agreement.

  • If likely to appear in trial, the defendant can be released on recognizance or R.O.R. (released without bail upon promising to appear in court).

Preliminary Hearing or Grand Jury

  • Preliminary hearing: judge decides it there is p.c. to accuse and if there is then you go to trial.

  • Grand jury: decides if there is sufficient evidence to go to trial. If so, the grand jury sends in an indictment (written statement of the facts of the offense charged) to the court.

  • Information (noun): A formal accusation written by prosecutor that is then sent to court.

Adjudication

  • Allows the defendant to respond to charges, requires the government to prove its case, and allows judge/jury to decide guilty/not guilty.

  • Indictment or information is filed with trial court and arraignment is scheduled.

Arraignment

  • Accused is informed of charges, advised of the rights of criminal defendants, and asked to enter a plea.

  • Defendant can enter a plea of guilty, not guilty, or nolo contendere (no contest)

    • Guilty plea or nolo contendere: judge can accept or reject the plea. If accepted no trial is held and sentencing occurs during proceeding or soon after.

    • Approximately 95% of defendants plead guilty because of plea bargaining between prosecutor and defendant.

Trial

  • A plea of not guilty or not guilty by reason of insanity forces the government to prove its case beyond a reasonable doubt.

  • Guaranteed trial by jury but may request a bench trial where only a judge will hear both sides.

  • Trial results in acquittal (not guilty) or a conviction (guilty) on original charges or on lesser included offenses.

Sentencing and sanctions

  • Capital cases: death penalty is sought and a jury decides punishment while a judge determines sentencing. ‘

  • Hearing may be held and evidence of aggravating or mitigating circumstances are considered.

  • Sentencing choices:

    • Death (only in first-degree murder cases and only in certain states).

    • Prison (1 year or longer), jail (up to a year), or other confinement facility.

    • Probation

    • Fine (minor offenses)

    • Restitution (offender pays compensation to victim)

    • Intermediate sanction (house arrest, community service, etc.)

Appellate review

  • Request a higher court to review arrest and trial

  • Makes sure no errors impacted the trial outcome

  • Appeals automatic in death penalty cases

Corrections

  • Jail/ prison.

  • Parole

The Juvenile Justice System

  • Juvenile courts have jurisdiction over matters concerning minors.

  • Handle “status offenses” like running away

The Wedding Cake Model

Layer 1: celebrated cases

  • Great deal of media attention

  • Crimes are usually unusual

  • More complex crimes

Layer 2: serious felonies

  • Violent crimes committed by criminals with lengthy records

  • Cases most deserving of heavy

  • Low chances of a plea agreement before trial

Layer 3: lesser felonies

  • Nonviolent, viewed as less important

Layer 4: misdemeanors

  • About 90% of criminal matters

  • Less serious and public-order crimes

Character in criminal justice is of upmost importance. -