Procedures following arrest
1) complaint:filed by police, identifies charge, date/time of crime, circumstances surrounding it, which leads to them to ask the prosecutor to charge the suspect.2) recognizance: allowed to leave with the promise you will return for trial(bail)
recognizance
obligation entered into before a court to do an act required by law. Allowed to leave if you promise to show up to trial and fulfill act.
Indictment Process GF
have the right to act as independent investigating body (although not common) Issue a presentment to the prosecutor telling them to investigate or charge the suspect. And then make a decision on Probable cause
True bill
Prosecutor proves Probable Cause and indictment
No bill
did not prove Probable cause
Preliminary hearing
GRAND JURY they issue indictments and a document calling for information is approved by the judge
arraignment
is in front of a judge to lay our the charge and punishment and defendant is informed of those charges. 90% plea out. if you do not plea guilty judge sets a trail date. bail is set
Indictment
(n.) the act of accusing; a formal accusation (by jury in prelim)
Information Process (PH)
open to the public. goes to judge for a PC case. people may watch the hearing. defendants can waive PH if they want to keep evidence and trial private, or are pleading guilt or to speed up process accept PC.
nolo contendere
is pleading guilty to the criminal charge but the guilt can not be used in a civil case.
Missouri V. Frye
raises importance of defense attorneys in plea agreements -plea to reduce charges, reduce # of counts, for recommendation of leniency or alteration of charges.
role of prosecutes
include discretionary tool, few limitations, considerations, seriousness of crime, attitude toward victim, strength/admissibility of evidence, applicable sentencing provisions.
role of defense
are advisory, explanatory and informative to defendant -judge approves the plea - victim has no role (but usually prosector asks them what they want)
Adversarial justice system
where defendant and prosecution fights/ battle it out in the court roomThe US
Bail
legal right by 8th amendment
judges consider 5 things while making bail
crime type, prior record, flight risk, danger, and parole status.
The Trial Process
trying to preserve the rights of the defendant and maintain the objectivity of the jury
peremptory (jury selection)
(limited) gets to veto/strike a juror without having to explain reason
a challenge for cause (jury selection)
(unlimited) a lawyer believes a juror cannot serve a case because they have a bias that would prevent them from fairly judge the case
Batson V. Kentucky
Supreme court held the due process rights were violated because the court found that a juror was a strikes solely because of their race. If one side can convince the judge that the other side strikes a juror due to race it is reversed.
Opening/ Closing Statements
Do not inflame jury just state summary of case. Prosecution goes first because they have the burden of proof.
The prosecution's case
Experts are the only people that can give opinions during the case. Prosecutions witness are questioned and then cross examined by the defendant.
The Criminal defense
Defendants does not need to put on a case if the prosecution has not filled the glass with beyond reasonable doubt they may ask for acquittal/ directed verdict. Defense is the only one that can ask directed verdict because they do not have the burden of proof. Do not need to put client on the stand.
Instructions to the jury
Instructions on answers to questions under guilty or not guilty
Deliberation and verdict
Hung jury is a jury that cannot come to a unanimous agreement. The trial is dismissed
The Sentence
The jury may be able to decide the sentence if they agree guilty
Appeals
If there is an acquittal there can be not appeal.
General Deterrence
People should be punished to set an example for others. 1) Should be proportionate and balanced 2) Effect is less than desired People should believe that if they commit a crime they will caught and it will be swift and severe. Inefficient system weakens deterrence
Incapacitation
Preventing crime by keeping offenders under state control
Specific Deterrence
The experience of suffering punishment should inhibit future law violationsOnce people are punished they will be less likely to commit a crime in the future Mixed results of research
Defiance V. Deterrence
People that are severely punished are more likely to reoffend is defiance
Retribution/ Just dessert
Those that violate the rights of other deserve punishment that is equal to the seriousness of the crime.
Rehabilitation
The justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds.
Diversion
sparing non-dangerous offenders from the stigma and labeling of a criminal conviction and further involvement with the justice system.
Equity/ Restitution
Pay back victims justice system and society$
Restoration
restore offender to good standing in society
Concurrent Sentences
Served 2 sentences at the same time (serve full time of longest sentence)
Consecutive Sentences
Served 2 sentences one after the other
Good Time
knocks off 10-15 days of your sentence- incentive to be goodearned good time:agree to a rehab program is extra good timeYou can loose good time if you began acting poorly
Indeterminate sentences
Offenders are placed in confinement only until they are rehabilitated and the released on parole. MUST SERVE 2 YEARS (good time can't knock of time for 2 year term)
Parol Board
Decides when a person gets to leave prison during sentence.
Determinate Sentences
A fixed term of years to be served by the offender sentenced to prison for a particular crime. No min just up to X years. Judge determines X years.
Sentencing Guidelines
Regulate the length of determine sentences: Guidelines judges must follow depends on the seriousness of the crime and the background of the suspect
The Sentencing Grid
Looks at prior record and current offense
Mandatory sentences
Fixed Prison sentences for certain crimes
Three Strikes Laws
long prison sentences for any person convicted of three felony offenses (habitual)
Capital Punishment
For some to receive the death penalty it must be 1st degree murder and aggravating circumstances present.
Furman V. Georgia
death penalty was illegal for four years until this case because it was arbitrary and it was unconstitutional until aggravating circumstances were added.
Gregg V. Georgia
legalized capital punishment with aggravating circumstances, paved the way for the rest of the country to right their clause with aggravating circumstances.
READ NOTES ON HISTROY OF CORRECTIONS
CHAPTER 14
Quakers
were concerned about preventing harm to society, deterrence, and most importantly penitent reflection, (heal themselves)
The Walnut Street Jail
created in the late 1700s is considered the birth place of the modern penal system. According to the quaker way felons were kept in their own cells because they want them to engage in penitent reflection which you can only do by yourself.
The Pennsylvania System
Eastern State Penitentiary No corporal punishment Isolation and individual penitence Silence Hoods
The Auburn System
New YorkTier System/ congregate system (cells were built up)GROUP WORK: when outside of cell you work but do not talk Military Regimentation Silent confinement at night Fear of Punishment
Public Account System
a labor system under which a prison bought machinery and raw materials with which inmates manufactures a salable product.
Elmira Reformatory
run by Zebulon Brockway, gives elementary edu for those that are illiterate, vocational training, library
5 primary purposes of jails
1) Detain accused offenders2) Hold convicted3) Confinement for misdemeanor offenders4) Probation/ parole violations5) Prison overcrowding
maximum security prisons
Crimes of violence, strict security, high walls, limited contact with outside world
Super Maximum security prison
Highest level of security, only on a federal level, Lockdown 23 hours a day in their cell, An hour to exercise.
Medium security
Not violent, less vigilant, more contact with outside world, and more treatment
Community Sentencing
criminal sentence that suspends or delays a correctional term in prison or jail
Probation
A sentence entailing the conditional release of convicted offender into the community under the supervision of the court subject the certain conditions for specified time. see notes
Probation Officers usually have five tasks
1) Investigation: Pre sentence investigation serves as the basis for sentencing2) Intake3)Diagnosis: used to select appropriate treatment modes4) Treatment supervision5) Risk Classification: Assessment of the risk level probationers pose to the community and themselves. (or risk assessment)
Minnesota V. Murphy
If you are have gotten close to your PO and feel as if it is a partnership and you admit to committing another crime when asked by your PO that confession will be used against you in court. (no custodial interrogation not in custody and no confidentiality between PO)
Griffin V. Wisconsin
Probation officer gets info that the suspect may have firearms in person when the probation agreement said no firearms and they may search at any time. Argument was that there was no PC or warrant. Ruled: No, Probation officer does not need PC or warrant, when they search. No expectation of privacy
United States V. Knights
Police officer searched an arsonist instead of PO. Police officer sees suspicious materials in the arsonist's partners car and had reasonable suspicion to search. Arsonist broke parole and was sent to jail and that was okay because probationer had no expectation of privacy and all officer needed was reasonable suspicion.
REVOCATION RIGHT
placing a person on probation implies that probation will continue unless the probationer commits a major violation the defendant has been given certain procedural due process rights at this state of the criminal process.
Mempa V. Rhay
Entitled to council at a revocation hearing
Morrisey V. Brewer
Certain due process rights 1)written notice 2) Indentify violation 3) Cross-Examine Witnesses 4) Written Explanation for Revocation 5) Created a 2 stage Process 1) Showing PC 2) Actual revocation hearing
Gagnon V. Scarpelli
Follow up to Morrisey explained how two part process works
Beardon V. Georgia
revoke probation because of lack of money to pay a fine, which is part of the sentence. (If you intentionally dont pay the fine even tho you have the money thats means of revocation) however if you diligently try and find a job but still lack the money they don't have to pay the fine.
United States V. Granderson
If probation is revoked and no suspended sentence. Incarceration time chosen cannot be anymore than what it was originally when probation was chosen/imposed.
Intermediate Sanctions
include programs that are usually administered by probation departmentsGroup of punishments falling between probation and prison
Fines, Forfeiture and Restitution
you pay fine and serve probation. Forfeit assets that are involved in crime. Pay fine to victim is Restitution
SKIP IT
skip it
Shock
you are going to prison for 30 days that will scare the shit out of you so that you will never want to break your probation.
Split
Not as serious, do not get sent back to judge after 30 days. And can be county jail rather than federal. STIGMATIZED
House Arrest/ Electronic Monitoring
serve part of sentence in your house, people will go shopping for you. Electronic monitoring is used during house arrest, to make sure you stay in your house.
New Generational
continuous observation direct supervision- guard is in the pod with them indirect supervision: guard are in a secure room watching