Jails
locally, county operated, usually inner-city facilities for people who have been convicted of relatively minor crimes; also for people who are being held in custody before a trial, have not paid bail or were recently arrested; don't have many amenities fo
Prisons
operated by state govts or federal govt; could be very far away from a convicted person's home and family; defendants who are convicted of state crimes serve time in state prison; defendants convicted of a federal crime will service time in a federal pris
Probation
conditional substitute for serving any jail or prison time; some requirements include checking in with probation officer, attending drug/alcohol rehabilitation, attending counseling or therapy sessions, applying for employment and/or keeping a job; has in
Parole
conditional release from prison; the offender has already served some time in a correctional facility and requests an early release dependent upon certain conditions that must be met in order for the offender to stay out of prison; conditions include chec
Growth of Corrections
incarcerated population has increased from 100 per 100,000 in 1980 to over 500 per 100,000 in the present day; 1 out of 30 American adults is under some supervision today compared 1 out of 80 in the 1980s
Prison Overcrowding
constitutional issue about cruel/unusual punishment - standard of care (minimum level of safety/healthcare)
California Prison System
33 more prisons would have to be built in CA to bring the existing 32 prisons to capacity (not overcrowded); larger than the prison systems in Germany, Italy, the Netherlands and Singapore COMBINED
Explanations for Increased Prison Population
(1) increase in crime rate; (2) truth in sentencing laws - must serve 80-85% of prison sentence before being granted parole; (3) longer sentences; (4) dramatic increase in determinate sentences; (5) 3-strikes law
Common Proposals/Limits for Solutions to Prison Overcrowding
(1) build more prisons - not financially feasible; (2) increase parole - legal limit: truth in sentencing laws (states didn't get federal funding if they didn't abide by these laws) and political limit: politicians don't want to be known for allowing pris
Increased Women Population in Prisons
from 1925 to 1975, the population of women in prisons and jails remained steady at about 5 per 100,000; women's population was 12-15 per 100,000 in the 1980s; today, it's 60 per 100,000
Causes for Increased Women Population in Prisons
(1) women have become more criminal because of cultural changes/sexual revolution, women in the labor force increased dramatically in 1974; (2) we are a society started responding more harshly to female offenders (i.e. police started arresting women rathe
Consequences for Increased Women Population in Prisons
(1) it costs more money to lock up women than men - child care provided by state (about a third of children for every woman in prison is a ward of the state); (2) most states only have 1 designated female prison, so they can't transport them from prison t
Elderly (55+) Prisoner Facts
elderly prisoners tend to have poorer health and have shorter life expectancies; life in prison is harsher than life on the outside and people age faster in prison; life expectancy declines 8-10 years after 6 years in prison
Increased Elderly Population in Prisons
by 1993, the entire U.S. had 25,000 prisoners over age 55; in the mid-to-late 1990s, the U.S. prison elderly population grew by 50% (it had only increased 1% annually before 1990); estimated that CA will have 126,000 elderly prisoners by 2020; CA and Texa
Causes for Increased Elderly Population in Prisons
fundamental changes in our laws such as the 3-strikes law and mandatory longer sentences
Consequences for Increased Elderly Population in Prisons
higher healthcare costs for elderly prisoners - prisons are poorly designed for providing healthcare; average cost of keeping a 55-year-old in a minimum-security prison is $95,000 and $125,000 for maximum-security prison (national average for costs for pr
Fogel's Justice Model
justice is about outcomes, not just the process; sought to reduce disparities in sentences; believed plea bargains resulted in large disparities - 90% of sentences are the result of plea bargaining; parole leads to inequality; parole boards grant parole b
Martinsen's "Nothing Works
analysis on rehab - influenced policymakers to reduce rehab with prisoners because of questions about whether or not it helps with life skills and recidivism rates
History of the Rights of the Criminally Accused - Declaration of Independence
outlined the abuses of the British crown (i.e. the Quartering Act and the Writs of Assistance - very broad search warrant); framework for Bill of Rights and the Constitution
History of the Rights of the Criminally Accused - Articles of Confederation
first U.S. Constitution; formed the Continental Congress; weaknesses included large debt accumulated by states to fund the Revolutionary War
History of the Rights of the Criminally Accused - U.S. Constitution
Article I - Congress/legislative branch; Article II - presidency/executive branch (powers the president DOESN'T have mainly; Article III - judiciary/courts
History of the Rights of the Criminally Accused - Bill of Rights
protections against the federal govt ONLY; 10 of the 12 amendments were passed; included the criminal justice amendments: 4th Amendment - search & seizure, 5th - protections against self-incrimination, 6th - right to counsel
Selective Incorporation
states take the constitutional Bill of Rights and put them into their own constitutions
Due Process Clause - 5th Amendment
only applies to the federal govt; "major burden bearer
4th Amendment (search & seizure)
your house is your castle"; protects against unreasonable searches & seizures (what's considered reasonable?); a search is presumed to be reasonable if a warrant is issued, but if a warrant isn't issued it can still be reasonable (i.e. consent); an arres
Conditions for Getting a Warrant
(1) has to be sworn out; must have probably cause/hunch/suspicion; (2) has to be signed off by another branch of govt (i.e. an independent judge); (3) must specifically list what's to be searched and seized
Exceptions to Searches w/out Warrants
(1) consent - has to be voluntary and has to be given by someone with authority; (2) incident to a valid arrest - reason to believe a person might be involved in criminal acts; (3) public/officer safety; (4) cursory search because of potential for destruc
Exclusionary Rule
evidence obtained illegally (i.e. w/out a warrant) can't be used against someone; remedy Supreme Court gave to people whose 4th Amendment rights were violated; established via Weeks vs. US in 1914
Terry Stop
briefly detained person can be subject to a general pat down for officer safety
Law & Order Period
refers to a series of movements within public opinion more likely to support a punitive position toward crime - increase in fear and higher consciousness toward crime; started in mid-1960s because of tremendous crime surge and peaked in 1992, but still co
Barry Goldwater
father of modern conservatism; first presidential candidate to make a concern for social order; ran on the platform of the fear of communism (LBJ and Democrats painted Goldwater as a lunatic) and states' rights (shrinking size of federal government while
Safe Streets Act of 1968
gave billions of dollars to local communities and other subsequent acts; in the mid-1980s, a similar act was passed by Congress and for 10 years, similar acts were passed annually; before Congress intervened in criminal justice ("police studies") programs
Rehnquist's Influence on Law & Order Period
in Warren court, defendant won 66-75% of the time in criminal justice cases; in Rehnquist court, law enforcement won 66-75% of the time
Exigent Circumstances
allows law enforcement to enter a structure without a warrant, or if they have a "knock and announce" warrant, without knocking and waiting for refusal under certain circumstances; it must be a situation where people are in imminent danger, evidence faces
Spano vs. NY (psychological coercion)
Spano was incessantly interrogated by police for the murder of someone after a bar fight; police gave him dinner and continued to question him even though he said his attorney advised him to remain silent; Court held that the interrogation violated Spano'
Katz vs. US (4th Amendment)
Charles Katz used a public pay phone booth (which contained an FBI electronic eavesdropping device) to transmit illegal gambling wagers concerned the nature of the "right to privacy" and the legal definition of a "search"; The Court's ruling adjusted prev
Mapp vs. Ohio (Exclusionary Rule)
Ohio police used a fake warrant to obtain evidence from Ms. Mapp's home; extended exclusionary rule from federal govt-only to state govts too; incorporated the provisions of the 4th Amendment (which are applicable only to actions of the federal govt) into
5th Amendment Protections
contains double-jeopardy and due process clauses; protections against self-incrimination; a defendant can never be forced to be a witness against himself in any criminal case
Limits of the 5th Amendment
(1) protects self-incrimination only in criminal cases, not in other cases (i.e. civil cases); (2) no protections against testifying against someone else; (3) only protects individuals, not corporations; (4) no jeopardy
Brown vs. Mississippi (physical coercion)
3 black farmers confessed to the murder of a white planter only after police used violence (i.e. whipping) against the farmers; Court ruled that a defendant's involuntary confession that is extracted by police violence cannot be entered as evidence and vi
Wolf vs. Colorado (4th Amendment)
World was accused of conspiracy to perform criminal abortions - question was whether states are required by the 4th and the 14th Amendments to exclude illegally seized evidence from trial; Court ruled the 4th Amendment was applicable to the States through
Kyllo v. US (4th Amendment)
Court held that the use of a thermal imaging device from a public vantage point to monitor the radiation of heat from a person's home was a "search" within the meaning of the Fourth Amendment, and thus required a warrant; Court reversed Kyllo's conviction
Public Order Crime
activities that are illegal because they offend public morality - mala prohibita acts like prostitution, homosexuality, drug/alcohol abuse and sexual deviance; also called "crimes without victims," consensual crimes or folk crimes
5th Amendment
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public da
5th Amendment "No-Comment Rule
it is a violation of a defendant's 5th Amendment rights for the prosecutor to comment to the jury on the defendant's declining to testify, or for the judge to instruct the jury that such silence is evidence of guilt; this rule is binding on all States thr
Bond vs. US (Rehnquist - 4th Amendment)
during an immigration status check of a passenger on a bus in Texas, a US Border Patrol Agent squeezed the soft luggage of Steven Bond and eventually searched it, only to find "brick" of methamphetamine; Court ruled police may not physically manipulate it
Maryland vs. Pringle (Rehnquist - 4th Amendment)
police officer pulls over car with 3 guys, finds $700 in glove and cocaine behind the back-seat armrest; Pringle, the front-seat passenger, was convicted of possession with intent to distribute cocaine and possession of cocaine; Court ruled the arrest did
Illinois vs. Gates (Rehnquist - 4th Amendment)
police receive anonymous letter about a couple who traffics drugs; Court overturned ruling of Illinois courts, which said the police affidavit did not provide enough evidence to establish probable cause, which led to the exclusion of evidence obtained on
Rehnquist's Influence on 4th Amendment Interpretations
he bolstered the authority of arresting officers to conduct searches; raised the bar for what would be considered a protected search under the 4th Amendment; relaxed standards for establishing probable cause and reasonable suspicion; and identified condit
Rehnquist's Role in Warrantless Searches & Arrests (4th Amendment)
(1) probable cause justifies the warrantless entry of a home - police, with probable cause but w/out an arrest warrant, can pursue a suspect into her home where she was arrested and searched because they first tried to arrest her in a public place (the do
Rehnquist's Role in Defining What a Search Is (4th Amendment)
searches are determined by nature of police conduct and scope of an individual's interest in determining if an investigative exploration rises to the level of a 4th Amendment search; if actions do not qualify as a search, then such an investigative explor
Rehnquist's Role in Police Behavior Leniency (4th Amendment)
if the actions by police are reasonable, then 4th Amendment prohibitions against an "unreasonable search" don't apply; routine searches are more limited in scope and less intrusive than non-routine ones; lower level of intrusion into privacy reduces the w
Rehnquist's Role in Probable Cause
probable cause can be established from the sum total of related factors even in the absence of a specific element of the "two prongs" (Illinois vs. Gates) - (1) the magistrate must be informed of the reasons to support the conclusion that such an informan