Criminal Justice Notes

Chapter 1: Crime and Criminal justice

Brief history of the American criminal justice system

1. Puritanical values: different components that have to do with the criminal justice

2. Founding fathers

3. Federalism with states’ rights 

Stages of the criminal justice system: 3 major components

1. Policing: first point of contact in the system and tasked with investigating crime and apprehending offenders

2. Courts: responsible for determining whether an offender should be charged with a crime

3. Corrections: carry out punishment as ordered by the court

Careers

• There are many different opportunities in the criminal justice field

• Requirements to work in these fields: local, state, and federal agencies offer different opportunities to establish a career in the criminal justice field. Some are more competitive and require more skills than training. Can require polygraph screening, drug test, background screening, physical fit test, and so on.

Discretions: refers to the freedom to make decisions. Decision-making power of the criminal justice system

Ethics: refers to the understanding of what constitutes good or bad behavior

Law: a set of rules that we follow

The wedding cake model

Bottom layer: Misdemeanors. Represents the largest number of cases handled by the criminal justice system. Sentence for a misdemeanor is less than one year in jail

Second tier: lesser felonies. Smaller and compromises of lower-level felony cases. They generally sentence to at least 2-3 years

Third tier: Upper felony cases. Filled with upper-level felony cases.

Top tier: Celebrity cases. Represents the high-profile cases. 

Two competing ideologies

The crime control model: 

• Believes that the most important function of the criminal justice system is to suppress and control criminal behavior as a function of public order in society. 

• Efficient and consistent.

The due process model: 

• Views the most important function of the criminal justice system as suppressing and controlling criminal behaviour. 

• Liberal perspective. 

• Emphasis on formalised legal practices. 

• Justice under this model resembles an “obstacle course”

The influence of the media on criminal justice

• Due to limited experiences with the criminal justice system, the information we learn is gathered through the media

• Shapes individuals perceptions of crime and justice

• Internalize media-generated images as facts

The CSI effect:

• References the popular crime drama

• Present a distorted view of the reality of crime

• It can impact real issues in criminal justice

Reality TV:

• Crime is presented in reality TV programming

• Documentaries about crime and justice on various networks

Veremphasis of violent crime incidents:

• False picture painted of realities of crime

• Punitive attitudes on crime

• Increase in fears about crime
  
  

Influencing public policy

• Agents of criminal justice system respond to society's fear of crime

• Rise in public dialogue about crime

• Influenced by media misinformation and sensational high-profile cases

• Crime victims or high-profile events have influenced public policies

Conclusion

1. Move cases through system faster

2. Competing interests

3. Diverse needs of society

Chapter 2: Concepts of Law and justice

Civil law: Governs disputes between individual and private parties (can include corporations)

• Violations of private acts such as contracts, property disputes and family law

• Plaintiff: initiates the case

• Defendant: person responding to the case

• The preponderance of the evidence

• Financial punishment

Criminal cases: brought by the government against defendant for violating a specific law

• Burden of proof is beyond reasonable doubt

Types of punishments:

• Depends on the type of crime

• Probation

• Incarceration

• Execution 

Federal criminal Laws: elected by a legislative branch

• Governs activities within federal government buildings, national parks and tribal land

• Concerns that occur across state lines

• Examples: firearms, money laundering, drugs, and fraud

Criminal state law: prohibits behavior under the tenth amendment

• Criminal behaviour varies from state to state

• Law specific to the geographic jurisdiction of that state

Municipal criminal law: most limited kaw

• Applies to specific city or town

• Cases involving infractions and misdemeanors

 Sources of Law: Code of Hammurabi:

• 1754 BCE

• 282 codified laws

• Lex talionis - Punishment should fit the nature of the crime

Source of law: Roman law:

• 449 BCE

• Twelve tables

• Emergence of first legal scholars

• Influenced western law

Source of law: English law:

• Middle ages

• Henry II (1154- 1189 CD)

• Stare decisis - to stand by things settled

• Precedent - take into consideration previous rulings

Sources of Law: Constitutional law:

• 1787 in Philadelphia

• Highest law-binding to all U.S states, district of columbia, and U.S. territories

• Bill of Rights

• Due process guarantees

Sources of Law: Constitutional law fourth amendment:

• Protection against unreasonable search and seizure

• Warrant requirement

• Exceptions

Sources of Law: Constitutional law fifth amendment:

• Double jeopardy

• Self incrimination

Sources of Law: Constitutional law sixth amendment:

• Speedy trial

• Impartial jury

• Notice of charges

• Confrontation of witnesses

• Presenting witnesses

• Attorney

Sources of Law: Constitutional law eighth amendment:

• Cruel and unusual punishment

• Bail

Sources of Law: statutory law:

Laws that are established by governments:

• Federal statutory law - created by members of congress who introduce a bil to house of senate

• State statutory law - proposed bu a member of the state legislature

Sources of Law: administrative law:

• Laws that governs the creation and function of state and federal government agencies

• Powers that are granted to agencies

• Federal administrative procedure act (APA) - primary source of administrative law

Sources of Law: International law:

• Regulation between nations

• Oversees different topics:
  - Human rights

- International crime

- Refugee and migration issues 

- Conditions of war

- Global issues

- The united nations - founded in 1945

- The international court of justice- judicial entity within the united nations

Source of law: case law:

• Result of legal decisions by the court

• New interpretations of the law are called precedent

• Involved judge or panel of judges 

• Linked to statutory law

Two categories

Mala in se–are acts that are considered to be inherently illegal Ex: muirder

Mala prohibita – are only crimes because they have been defined under the law as ilegal EX: drug use, prostitution, gambling

Components of a criminal act

• Actus Reus– is latin means ‘evil act”

• Mens Rea - is the “evil thought" that accompanies the crime

• Attendant circumstances - context of the act that makes it a crime

• Results - harm experienced and intent joining together

Substantive criminal law:

• Partly relates to defining what makes something a crime

• Another way to describe statutory law

• Also defines the potential punishment for someone who is convicted of a crime

Procedural Criminal law

Criminal defenses overview

Necessity, duress, and entrapment

Chapter 3: Defining and measuring crime

Defining crime: Violent offenses

Violent offenses

• Criminal actions against another person

• The publics fear of crime and victimization 

• Less common

Examples:

• Murder 

• Least common type

• Most serious penalty

• Punishable by death in some regions.

• Sexual assault

• Assault: involves the physical harm of a victim
  - Simple assaults: generally do not involve the use of a weapon, and minor, if any, injuries

• Robbery: involves taking personal property though the use of force or fear

Defining crime: Property Offenses

Property crime

• The most common offense

• Taking or damaging physical goods

Examples:

• Larceny-  withtaking property without the use of force

• Vandalism - the physical damage or destruction to buildings

• Arson - setting something on fire

Status offenses

• Illegal acts for specific groups

• Truancy

• Underage drinking

• Running away from home

Defining crime: Victimless crime

Examples:

• Drug use

• Prostitution

• Gambling 

Defining crime: White-collar offenses

• The range of criminal and civil offenses varies however, there are multiple types of white-collar crime

• Fraud

• Embezzlement

• Misconduct

• Tech based offenses

• Extortion

Uniform crime reports:

• One of the largest datasets on crime in the United States

• Data collected

• Organizes crime data into categories

• Age, gender, ethnicity, location, and region

• Two main categories, type 1 offenses and Type 2 offense

• Property crimes

• Rates of crime
  - crime rate - compares the number of occurrence of a particular crime to the size of the total population
  - helps to understand trends in criminal activity and victimization over time

• Data on offenders

• Limitations of the UCR
  - Hierarchy rule

• National incident-based reporting system (NIBTS
  - divide data into 3 themes
  - crime against the person
  - crime against property
  - crime against society
  - slow transitions of agencies
  - report includes various information

• National crime victimization survey
  -gives hidden stories that people have
  - Apart the bureau of justice and statistics
  - around the world: several types of international crime surveys
  - self reported offending datasets
  - types of questions asked by researchers
  - Youth risk behavioural surveillance study
  - Annual or semi-annual basis
  - longitudinal studies

• Limitations in NCVS

Group intervention program

Junveline court involvement

Informal probation or diversion

School based intervention

Family counseling or mediation

Mental health or substance use services

Community based mentoring or support

No formal justice system intervention

Look beneath behavior of individual

Conflict

Abuse or neglect 

Housing instability

Mental health need

Substance use

School difficulty

School bullying

Caregiving responsibilities

Poverty

Transportation

Peer influence 

Lack of community resources

A young lady named maya thompson, 15 years old,

lives with mom and 8 year brother, 

Past 2 months, maya obtained 18 unexcused absences, been stopped by police twice

Maya's mom works long shifts and doesn't come home until after midnight. Maya refuses to comply with rules. 

Last week, Maya left house and stay with friend for 3 nights, 

maya’s mom reported runaway, told authorities that maya is uncontrolled 

Filed truancy petition, maya has not been accused of committing criminal content

Maya takes care of brother and claims that cannot afford daycare

maya reports bullying, reported, but nothing changed, 

admits staying past curfew 

leaves brother with aunt 

1. What status offense or status offenses appear in this case? Truancy and running away from home.

2. Why would mayas behaviour not be illegal if she was an adult?  Because right now she's a minor

3. What circumstances may be contributing to her behaviour? Caregiving problems, school difficulty, school bullying, lack of transportation, and neglect

4. Who appears to have labeled maya as a problem? The school and her mom

5. Should maya be referred to juvenile court? Why or why not? Yes, 

6. What concequences can come for her and her family? Foster care or taken to a different caregiver and fines

7. What response would address the reason behind Maya's behavior? Family counseling and juvenile court involvement. 

8. How might race, gender, social class, family resources, or adult dicrestion influence maya’s decisions? Social class and family resources

Chapter 5: victims and the criminal justice system

Victim and crime: overview

• Majority of crime involves a victim

• Victim is someone who has been injured or harmed by another

• Few crimes are victimless

• Victims have traditionally played a minor role in the criminal justcie process

• Victims of crime are reduced to a tool of the criminal justice system or a piece of evidence in a criminal case

• Many victims experience frustrations

Theories of victimization: early theories of victimology

Victimology

• Hans Von Hentig

• Typology of victims

• Risk factors for victimization may be influenced by personal factors such as
  - biological
  - psychological
  - social factors

Just-word hypothesis

• Society has a need to believe that people deserve whatever comes to them

• Several problematic assumptions surrounding just-word hypothesis
  - assumes people are able to change the environment in which they live
  - implies only “innocent” victims are true victims
  - creates a false sense of security and victimization.

Victim blaming

Enables people to make sense of the victimizations

Makes them feel somehow different from person who is victimized

Routines activities and lifestyle theory

• Routine activities and lifestyle theory

• Lawrence cohen and marcus felson

• One of the most influential perspectives in modern victimology

Lifestyle theory

• Seeks to relate the patterns of one’s everyday activities to the potential for victimization

• Developed to explore the risks of victimization from personal crimes

• One may increase the risk for criminal opportunity and victimization through both an increased exposure to criminal activity and an increased exposure to motivated offenders

Background

• Grassroots movement during the 1970s

• Response to the lack of the attorney by the criminal justice system toward victim issues

• Laws began to be recommended and adopted

• President Ronald regan’s presidential  task force on victims of crime (1982)

• Victim and witness protection act of 1982

• Provides fair treatment standards to crime victims and witnesses

Victims in the criminal justice system: Overview

1. Consider how a case moves through the criminal justice system from the victim’s perspective

2. Police must be made aware of the crime and may exercise their discretion

3. Victims may be allowed to give their input into police decision but are not required to follow the wishes of the victim

Who are the victims of crime?

After an evening class Alex was walking through a dark parking lot while looking at their phone

Person shows weapon and robs Alex. Alex is embarrassed and waits to report the crime the next morning

• What factors may have increased Alex's victimization? The fact that he was alone and his head was not on a swivel

• Who is responsible for the robbery? The person with the weapon

• Write one victim blaming statement someone might make about Alex? Blaming him for not being aware of his surroundings

• Write another one where we’re not blaming Alex? “Why would someone willingly wait in a parking lot after school?”

• Identify one reason why alex delayed in reporting the crime? He felt embarrassed about it

• Identify one right, service or form of assistance that might help alex? Office for victims of crime (OVC)

Who counts as a victim?

• One offense can produce several forms of harm

• Direct victim: someone who is DIRECTLY harmed or threatened

• Indirect victim: someone who is harmed by family members, witnesses, or survivors of a deceased victim

• Community victimization: fear of harm spreads beyond the person targeted

• Repeat or polyvictimization: repeated incidents or several forms of victimization affect the same person

Niel Christie ideal victim concept

• Tels us who deserves the most sympathy

Ideal victim problem

• Credibility is often judged through stereotypes

• People often expect a victim to be
  - weak, respectable, sober, cooperative, and blameless
  - harmed by a stranger and visibly distressed

• Real victims may
  - know the person , fight back, use alcohol, report late, or have a record
  - show anger, flat affect confusion, or continued contact with te person who harmed them

Victims have Rights

• Common rights
  - dignity and privacy
  - protection and safety considered
  - notice and presence
  - opportunity to be heard
  - Conference with the prosecutor
  - restitution when authorized

• System decisions

• Immediate safety: emergency response, shelters, safety planning, protective order

Victims in the criminal justice system around the world

• ICVS International crime victim service

Criminal victimization in a global content

• Other surveys designed to look at victimization from an international perspective

• Crime survey for England and Wales (CSEW)

International crim victims survey (ICVS) compares levels of crim victimization on a global level

• Measure 10 common crimes
  - car theft
  - theft from a car
  - bicycle theft
  - burglary
  - attempted burglary
  - robbery
  - theft of personal property
  - sexual offenses, assault, and threat

1. Is Alex still a victim? Yes

2. Does pushing the person first make Alex responsible for the robbery? No

3. How might age, race, gender, alcohol use, and behavior affect how others view Alex?  Age, alcohol use, and behavior which is influenced by the alcohol use

4. What is the difference between victim precipitation and victim-blaming? Victim blaming is holding the responsible, victim precipitation is when the victim contributed in some way to the crime

5. Which part of the response could constitute secondary victimization? When Alex and the person exchanged insults and Alex pushed the person first

6. Which rights should Alex have under Marsy’s Law?To be protected, his privacy, and he can know what the punishment was for the person

7. What could Alex request through restitution? To get paid for the days he missed from work

8. What might victim compensation cover? Other stolen property

9. Which decisions can Alex influence?  

10. Which decisions remain with the prosecutor or judge?

Chapter 6: Criminal justice policy

What is a policy?

• policies are used to provide guidance to criminal justice officials

• particularly useful in cases where there arfe high levels of discretion

• policies serve as the rules that workers in the criminal justice system use to do their jobs

Why do we need criminal justice policies?
Purpose

• addressing needs or issues that face the criminal justice system and society

• deals with the presence of crime and the handling of offenders

federal government

• active player in creation of crime control policies

Agencies

• billions of dollars are spent nationwide supporting the enterprise of criminal justice system

• department of justice’s budget included 27.1 billion in 2011, in 2026 the discretionary fund is 33.6 billion dollars

Policy development process

• problem identification

• policy demands

• agenda formation

• policy adoption

• policy implementation

• policy evaluation

Planning a policy

• must be issue at hand

• identified by various parties

• examples: rising crimes; needs for prison rehabilitation programs

• concerns about residency requirements for convicted sex offenders

• debates over the demands of a policy

• goals or objective of the policy

• examples: increase punishments; increase community safety

• agenda formation process

• most politicized stages in policy development as it involves a variety of different voices

• examples: government officials; special interest groups

adopting and implementing a policy

• could involve passage of new laws or signing of executive orders

• policy implementation stage

• spending money

• policy implementation may change

• significant challenges may arise

evaluating a policy

• looks at the efficiency of the policy

• process evaluation — looking at the progression of the policy development experience

• outcome evaluation— changes that occur as a result of the policy

• evaluation is the most important stage, but overlooked and underemphasized

who develops criminal justice policy

• direct democracy: citizens in 17 states empowered to make law through an initiative process

The goals of criminal justice policies

• tougher on crime

• retributive punishments

• changing the definitions of criminal behavior

• responses by police agencies to crime

• its primary way is to change the way in which offenders are processed in the criminal justice system

• cost-saving measures

• fiscal concerns of states

• savings, accountability and full enforcement act (SAFE Act of California 2012)

Liberals

liberal politics

• focus on the importance of due process

• focus on the importance of individual freedoms

• focus on the importance of individual constitutional rights

Conservatives

conservative politics

• leans toward kess intervention by the government

• focuses on traditional values

• liberals and conservatives think differently about criminal justice policies

presidential politics and criminal justice policies

• policing first began in 1930s with the creation of Wickersham commission

• crime became a key component of the presidential platform

• president Richard Nixon declared war on crime

• get tough on crime

• highlighted furing the 1988 presidential elections

• president has little power when it comes to making policy

• goal is to persuade members of congress

public perceptopn and criminal justice policies

• criminal justice policies change over time

• reflection of changes in our government structure and positions of those who represent residents in political offices

• example: juvenile crimes

Chapter 8: issues in policing

The fourth Amendment mandates much of how police do their job

Probable cause

• Search

• warrant - legal document

• seize - to take

Exclusionary rule: established by U.S. Supreme Court case Mapp v Ohio (1961)

Fruit of the poisoned tree

exceptions

good faith exceptions

Cases where a warrant may not be required

• consent search

• legally stops

• emergency exemption

Automobile searches

• carroll doctrine

• a warrant id not required

• U.S. v. Chadwick

• less clear about warrantless searches regarding mobile homes and motor home

• california v. acevedo

• drivers ability to gain entry back into the car
  - Rodney J. Grant

Automobile searches - newer issues

• an unaccompanied vehicle parked in a person’s driveway

• Collins v. Virginia

• the exemption of privacy of a rental car driver who did not sign the rental agreement
  - Byrd v. U.S.

• refusal to be searched as a criminal act

• Birchfield v. North Dakota

• Breathlyzer

• Blood withdrawal

Miranda warning

• used to inform people who are under arrest

• The fifth amendment provides protection against self-incrimination during an interrogation

Miranda V. Arizona (1966)

• ernesto miranda

• several challenges

• Rhode Island v. Innis (1980)

• Beghuis v. Thompkins

Ethical dilemmas and corruption

ethics - the study of what is right or wrong, good versus evil

• expect police will have a sense of ethics

• police will serve as representatives of fairness and justice in society

• code of ethics for their officers

• example: code of ethical conduct

ethical dilemma - officer is unsure about the right path of action

discretion: allows for officers to determine when to best take action in different situations

• limited discretion

• specific policies

• discriminatory or favorable treatments

• ethical violations

Duty

• officers are faced with challenges on how they view theor roles as police officers

• may not be inclined to perform a particular aspect of the job

• our perspective on duty

Honesty

• impact on how public views the police

• lead to acts of corruption, such as bribery

corruption

• most common forms

• theft

• selling information

• perjury

• mooching/bribery

• shakedowns

• occurs in every type of department:

• 2 categories
  - grass-eaters -
  - meat-eaters - actively pursue, that cost in result of illegal gains

• why does corruption occur?
  - rotten apple theory
  - example: Rampart Division of the Los Angeles Police Department

Racial Profiling

• “the race or ethnicity of an individual — is used as the sol or primary determinant” by the polive when making decisions

• Whren v. U.S. (

• The gallup organization

• 2013—23% of young black men indicated they had been treated poorly by the police in the last month

• racial profiling and traffic stops

• who is most likely to be pulled over

• what s the cause of puling over the individual

• dashboard cameras

• body cameras

• collect data

Use of Force

• part of their job duties

• Tennessee v. Garner (1985)

• excessive use of force

• Types of force
  - physical force
  - chemical force
  - electronic force
  - impact force
  - firearm force

• three things that can influence this decision making process
  - the nature

• research on taser
  - taser replacement
  - fatal cases of taser

• the cognitive functioning

• what is the social outcome software tasers and cognition

Police legitimacy

• establishing legitimacy

• community viewpoints
  - obeying the law
  - precedural justice
  - decision making
  example: Ferguson, Missouri
  - Micheal brown
  contested circumstances
  series of protests and unrest

Police occupational stress

• several implications
  - high-intensity environments
  - working in a bureaucratic environment
  - time and energy spent on issues of prejudice and bias

Chapter 7: Policing Organizations and practices

Brief history on policing:

• earliest form of policing in the U.S.
  - 1631

• volunteer night watch

• U.S. Marshals

• Created by congress in 1789

• secret service
  - April 4, 1865
  - Abraham Lincoln

• Other major cities
  -created own agencies
  - british influence
  - Sir Robert Peel

The political era

• 1840 (early 20th century)

• professional police departments

• foot patrol

• crime fighting

• social service

• August Vollmer first police chief in 1909

The reform era

• 1920s

• Law became the foundation for modern policing

• focus on controlling crime

• professionalism of police organizations increased

Community problem-solving era

• result of civil unrest

• demand for personal approach by officers

• improved police-community relationship

Types of police organizations

Jurisdiction over special areas

Federal

Local

State

Federal Law enforcement
- federal law has been broken
- 73 federal agencies
- demographic variable
- age
- gender
- Department of homeland security
- U.S. customs and border protection
- 1789- customs services
- 1924 - border patrol
- the department of justice
- The federal bureau of investigation
- largest within DOJ
- drug enforcment agency
- crimes related to drugs
- the U.S. marshal
- oldest in the nation
- security of federal inmates
- ATF
- illegal possesion of goods
- 3 primary goals
- prevent terrorism and promote the nation’s security
- prevent
- the U.S. secret service
- 1865
- counterfeit currency
- security detail
- president grover cleveland
- Federal Emergency Management Agency (FEMA)
- smallest
- 100 officers

State Law enforcement

• each state operates own polcie agency

• 93,14

Local Law enforcement

• employs majority

• 12,501 agencies

• defined as either
  - county sheriff
  - municipal police

Special law enforcement agencies

• special regional or subject jurisdictions

• over 1,700 agencies

• school districts

Women in policing

• woman enter police force as sworn officer

• 20th century

• Alice Stebbin Wells

• first female police officer in 1910

• not equal responsibilities

• Duties remained limited in the mid-20th century

• mid 20th century
  - time of war
  - opened up opportunities
  - womens civil rights
  - gender equality
  - challenges
  - low pay

• last few decades
  - Zena Stephens, First black female sheriff in Texas

• continued challenges
  - mixed research
  - overlooked for positions
  - sexual harassment

• successes
  - models of community policing
  - problem-solving skills
  - communication
  - better relationships with community

Courts and crime

• criminal law versus civil law

• Criminal law requirements

• jurisdiction and the court system
  - geographical jurisdiction: after an arrest, criminal case moves to court system. Jurisdiction of court depends on several factors
  - concurrent jurisdiction: when acts are illegal under both federal law and state law

• Types of jurisdiction
  - subject matter jurisdiction: handles misdemeanor cases, also includes domestic violence cases
  - trial court: where the case is gonna be heard for the first time
  - original jurisdiction: where criminal court cases starts
  - limited jurisdiction:
  - general jurisdiction: they don’t have a limit to the types of cases, hears the most serious types of cases in criminal court
  - appellate jurisdiction: a court hears appeals

• criminal cases will not be heard by state courts

• structure of the court

• the federal court system: responsible for criminal cases,
  - U.S. magistrate courts: the first level of the federal court system, limited jurisdiction
  - U.S. district courts: mainly consist of working in general jurisdiction, 94 district courts
  - U.S. courts of a appeals: intermediate courts, usually a 3 judge court,
  - U.S. Supreme Court: brief, amicus curiae, oral arguments, opinion, majority opinion
  - Precedent
  - concurring opinion
  - dissenting opinion

which court has the original jurisdiction over the case? The federal court system

does the fact that the tablets were manufactured outside of the states automatically make this a federal case? no

what would happen during Jordan’s initial court appearance? reading of charges, explain constitutional rights, legal representation, and pretrial release or bail

should jordan be released on person recognences, released wth conditions, required to post or detained before trial? he should be released on personal recognences

what info should the judge consider when making the release decision?

arrest and booking

initial appearance

discovery and pretrial motions

preliminary hearing

arraignment

trial

sentencing

appeal

identify 2 facts that strengthen the prosecutors case and the defendants case

State vs Jordan lee

• jordan lee age 22 was arrested after the police responded to a reported burglary to a closed electronic store, officers found jordan sitting in a vehicle parked behind the store. Jordan’s friend marcus was standing near the vehicle had stolen 4 tabets

• stores rear window was broken, sureveillance

• jordan was wearing a geay sweatshirt when arrested

• his fingerprints were found on one of the tablets, and he claimed it was handed to him.

Chapter 9: court and crime

• Women and minorities on the supreme court
  - race, ethnicity, and the court
  - first non-white federal judge was irvin mollison, who was appointed to the U.S. customs court in 1945

• presidential appointments and race
  - president obama appointed the largest number of judges of color during his time in the office

• Thurgood Marshall
  - first justice of color in 1967
  - argues several important civil rights cases before the supreme court
  - brown vs board of education (1954)
  - appointed by President Johnson

• Clarence Thomas
  - only other african american justice
  - appointed by president Goerge H.W Bush in 1990
  - conservative legal ideology
  - strong supporter of state rights

• Genevieve Cline
  - first women appoited to the federal judiciary in 1928
  - since the 1970s, the number of women

• Only 6 women have served on the supreme court

• Sandra Day O’Connor
  - appointed by president ronald reagan in 1981

• Ruther Bader Ginsberg
  - Appeared before the court on

• sonia sotomayor
  - first woman of color, a latina, to serve on the supreme court
  - liberal voice

• Elena Kagan
  - one of three women serving simultaneously on the court
  - also contributed to shift judiciary of the highest court

• Amy Barrett
  - she was appointed the United States Court of Appeals judge for the Seventh Circuit in 2017

• Ketanji Broen Jackson
  - she became the first black women and the first former public defender to serve the court

The State Court system

• try cases that allege violations of state criminal law

• heard in state courts

• some states combine all cases

• judicial selection
  - the selection process for state court judges

Missouri Plan

• three steps
  - candida

• State appellate courts
  - the appellate level is divided into intermediate courts of appeals and courts of las resort

Chapter 10: Punishment and sentencing

Correctional philosophies

• what is a correctional philosophy: how society punishes, manages, how society responds to law makers

• why are they used

• how are they used

Deterrence

• specific Deterrence: an individual themselves decides that the punishment is

• general Deterrence: if people fear the punishment, they might act on it again

• Deterrence theory: punishment must possess the characteristics

• certainty: the offender needs to be aware

• severity: the punishment must be severe enough to fit the crime

• clarity: the potential punishment can be swift

Rehabilitation

• what is the focus of rehabilitation? focusing on the behavior,

• history of rehabilitation: started in the 20th century

incapacitation

• the practice of removing the offender from society

• prison

• three strike law

• mandatory sentencing

Retribution

• how are prisoners punished

• punishment and criminal behavior

• how does retribution work

restoration

• core decision-making

• joint process

Around the world

• criminal sentencing in chins

• how does the criminal justice work in china

• Chinese law: allows offenders to express remorse for their crime

• strike hard

Sentencing guidelines

• impact of sentencing: reduce the level of discretion within the jurisdiction

• eliminating discrimination

Sentencing reform act

• created in 1984

• who created it: US sentencing commission

• created sentencing guidelines

• wanted to make sure that everybody was treated equally

• criticism of the act

• classifications of federal crimes

• specific circumstances

• Blakely v. Washington

• United states vs. Booker

indeterminate sentencing

• progressive era

• impact of maximum sentence

• rehabilitative focus

• length of time

Mandatory sentencing

• elimination of discretion

• law proscribed crimes

• opposition of mandatory sentencing

Capital punishment

• what is capital punishment? used as a consistent legal form of protection that is reversible

• who uses capital punishment?

• Furman decision