Podcast
Questions and Answers
What does plea-bargaining under pressure often involve?
What does plea-bargaining under pressure often involve?
Which of the following is a myth of the war on drugs?
Which of the following is a myth of the war on drugs?
There is a drug exception written into the Fourth Amendment.
There is a drug exception written into the Fourth Amendment.
False
What is the probable cause exception?
What is the probable cause exception?
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What are bus sweeps?
What are bus sweeps?
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Citizens are generally willing to cooperate with law enforcement.
Citizens are generally willing to cooperate with law enforcement.
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What is a fishing expedition in the context of police stops?
What is a fishing expedition in the context of police stops?
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What are federal funding incentives for the drug war?
What are federal funding incentives for the drug war?
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What is the primary purpose of SWAT?
What is the primary purpose of SWAT?
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What significant change regarding civil forfeiture happened in 1984?
What significant change regarding civil forfeiture happened in 1984?
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The civil asset forfeiture reform act removed the profit motive for law enforcement agencies.
The civil asset forfeiture reform act removed the profit motive for law enforcement agencies.
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What percentage of defendants cannot afford legal counsel?
What percentage of defendants cannot afford legal counsel?
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People often go to prison because they are wealthy.
People often go to prison because they are wealthy.
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Who holds more power in the current legal system, judges or prosecutors?
Who holds more power in the current legal system, judges or prosecutors?
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What is the 'Three Strikes Law'?
What is the 'Three Strikes Law'?
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Most people convicted of felonies are placed on _____
Most people convicted of felonies are placed on _____
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What restrictions do parolees face?
What restrictions do parolees face?
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Study Notes
Plea-Bargaining Under Pressure
- Many individuals plea-bargain without legal representation due to coercive tactics, including threats of severe sentences.
- This often affects vulnerable groups, such as children, who may be pressured following unjust searches or witness coercion.
Myths of the War on Drugs
- 80% of drug-related arrests are for simple possession, contradicting the belief that the focus is on high-level dealers.
- Significant rise in marijuana possession arrests contributed to substantial growth in drug-related arrests during the 1990s.
Arrests and Legal Exceptions
- There is no constitutional provision for a drug exception; the Fourth Amendment remains overlooked in drug-related arrests.
- Probable cause allows warrantless searches of vehicles, creating challenges for civil liberties.
Bus Sweeps
- Police utilize bus sweeps, questioning passengers and searching belongings without prior suspicion of illegal activity.
- The pressure to consent to searches complicates passengers' ability to refuse cooperation.
Federal Policing Practices
- Large-scale voluntary searches often target innocent individuals to catch a small number of criminals, with high failure rates (95-99% yielding no contraband).
- Federal funding encourages local law enforcement agencies to actively participate in drug enforcement, easing budget burdens.
SWAT and Police Tactics
- SWAT teams, initially designed for emergency situations, are frequently deployed to serve warrants against suspected drug offenders.
- Civil asset forfeiture legislation allows law enforcement to seize property suspected of being related to drug offenses without a criminal conviction.
Civil Forfeiture Practices
- Since 1984, agencies can keep up to 80% of seized assets, incentivizing profit through civil forfeiture.
- Reforms may address some issues, but they fail to eliminate the profit motive or ensure legal counsel for the affected.
Indigent Defendants and Legal Representation
- 80% of defendants cannot afford legal counsel, leading to rushed plea-bargaining, especially in drug cases.
- Children often lack adequate parental guidance, increasing their vulnerability in legal situations.
Impact of Poverty on Imprisonment
- The inability to afford a defense attorney results in a reliance on plea-bargaining, disproportionately impacting the poor.
Power Dynamics in the Legal System
- Judges have diminished sentencing discretion while prosecutors wield significant power due to mandatory minimum sentences.
- Prosecutors can influence charges and sentencing severity, determining outcomes for defendants.
Disproportionate Sentencing for Drug Crimes
- Lengthy sentences for drug offenses often exceed those imposed for serious crimes in other wealthy nations.
- Harsh penalties for drug-related offenses contribute to recidivism, particularly among young offenders.
Three Strikes Law
- This policy ensures that offenders committing three or more violent crimes face harsh penalties, typically 25 years to life without parole.
Parole Conditions
- Individuals on parole must adhere to strict conditions, including travel limitations, interactions with other felons, and regular check-ins with parole officers.
- Failure to comply with these conditions can lead to immediate reincarceration.
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Description
Explore key concepts from Chapter 2 of 'The New Jim Crow'. This quiz focuses on the pressure of plea-bargaining and myths surrounding the war on drugs. Test your understanding of these critical issues in the context of racial disparities in the justice system.
