CJ System Notes PDF

08/20 The CJ System Institutions (police, attorneys, courts, prisons) Foundations (political, legal, social, moral) Characteristics (discretion, resource dependence, sequential Goals of cj system (justice, crime control, crime prevention) Controlling crime (patrol, arrest, prosec...

08/20 The CJ System Institutions (police, attorneys, courts, prisons) Foundations (political, legal, social, moral) Characteristics (discretion, resource dependence, sequential Goals of cj system (justice, crime control, crime prevention) Controlling crime (patrol, arrest, prosecute, convict, punish) Criminal law Preventing crime (punishment and prevention, participation, deterrent effect of institutions, visibility, precedent) Expansion of federal role 1960s-present ○ Nature of society ○ Influence of state and local policy Feds and policing: specialized agencies Interdependent parts Effects of policies, practices, resources (volstead act, war on drugs) Jurisdictional issues Consensus model/conflict model Resources and priorities Finite resources, exchange relationships Institutional growth and expansion Role of local practices Filtering practices 8/27 Latin crimen - judgment, accusation, or offense Black’s law dictionary: positive or negative act in violation of the penal law; an offense against the state Paul W. Tappan (sociologist); an intentional act or omission in violation of criminal law (statutory and case law), committed without defense or justification, and sanctioned by the state as a felony or misdemeanor Natural law ○ Mala in se ○ Mala prohibita Social construct ○ Change over time (gambling, liquor) Legal construct Types of crimes Felonies, misdemeanors - visible crime, occupational, organized, victimless, political Visible (street) crime; common, resources, perception (~17B annually)  ○ Violent crime, property crime, public order crime ○ Primarily young men, disproportionately low SES Occupational crime; (~660B) stealing patents, tax fraud, economic motives Organized crime; group of people working together, planned “Victimless” crime; drug use, prostitution, gambling Political crime; terrorism, electoral fraud, bribery/misuse of office, civil disobedience (?) Cyber crime; identity theft, skimmers, fraud How much crime? Trends in volume of crim activity Reported vs unreported Uniform crime reports (UCR) vs. national crime victimization survey (NCVS); methodology NCVS: 17M offenses Use and manipulation of statistics Crime victimization About ⅔ crime reported by victims Who are victims of crime? Who cares ○ Lifestyle-exposure model - argues that sometimes people will become victims of crime because they live their lives in a way that exposes them to crime Live in high crime areas Know/friends with criminals Illegal risk takers ○ Gender, age, race, income, education, occupation, marital status Males, younger people, minorities, low socioeconomic status, lower education rate, live in urban areas, unemployed or low level occupations, unmarried ○ Low-income city dwellers at high risk ○ Violent crime and acquaintances Most take place with someone you know rather than with strangers ○ Most violent crime intraracial (same races) Interracial is less common Impact? Role in the cj system? In crimes? ○ Victim and society: Higher taxes (more people in prison) Higher prices (shoplifting) Increase in fear in victim and community ○ Costs: Economic/Financial - taxes/prices Psychological/Emotional - PTSD/fear ○ Fear of crime outweighs the risk of crime  Victimology 1950s; renewed 1970s-80s Revictimized (?) treatment by police, lawyers, courts Help crime victims after crime Funds for counsel Compensation for injury Victim impact statements - allow victims to explain what impact had and what sentence should be given Parole hearings - used in parole hearings; help parole officers decide whether their attacker deserves parole Crime Victims Bills of Rights (almost all states have basic rights for crime victims) 8/29 Role of victims in crime Consent - People agree to take part in crime ○ Drug Use/Prostitution Provocation - Crime itself was avoidable but the person who became the victim spurred on their attacker ○ Provoking someone until they hit you Enticement - Being enticed to commit a crime ○ Bribes Risk Taking - Things that put you in dangerous situations ○ Walking down dark alleys, going to the bad part of town Carelessness ○ Leaving door unlocked ○ Leaving belongings unattended “Common sense” - Use this especially with risk taking behaviors and carelessness Current Victims Rights Issues ○ Anti Stalking Statutes ○ Crime Victims’ Right to be Present Have to be informed during hearings or court appearances and given opportunity to attend ○ Enforcement of Protective Orders Restraining Orders TPO (Temporary Protective Orders) ○ Ordering and Enforcing Restitution ○ Victim Input into Plea Agreements ○ Funding for Victims’ Services Counseling/Therapy services Victims Rights in Georgia  ○ Georgia Crime Victims Bill of Rights (1995) Reflects national trend since most states were making this then Maintained by Dept. of Corrections ○ Eligibility, notification Informed of hearing/court appearances ○ Crime Victims Compensation Apply to get money from state if none from insurance or attacker ○ Federal Constitutional Amendment Violent vs. nonviolent crime Causes of crime Sacred explanations ○ Demonic or evil influence Classical and positivist theories 1760s cesare beccaria ○ Classical-criminal behavior rational; fear of punishment deterrent; proportionality Positivist Theories - scientific; body, mind, environment; identification and rehab possible ○ Deficiencies/environment makes them commit crime Neo-classical - Game theory and economics ○ People can make calculations about the likelihood of success and failure and getting caught or not Biological Explanations ○ Cesare Lombroso circa 1912 Similar to social darwinism Some individuals are criminogenic Primitive physical traits (large ears) Heredity, alcoholism, epilepsy, syphilis ○ Sterilization - constitutional until 1942 Punishment for crimes because they are less likely to create people who may grow up to become criminals Buck v. Bell (1924) Justice Holmes said the state is weakened from criminogenic families so stopping someone from having a child is not a major problem Skinner v. Oklahoma (1942) Not completely overturned but it made it harder to justify sterilization ○ Renewed recent interest Scientific work to map the human genome and try to understand if certain DNA factors are more likely to appears in criminals Other Explanations ○ Psychological Early personality development Psychopathic, sociopathic, antisocial behavior ○ Sociological - Relations to social groups Social structure theories - class Lower classes are usually involved in alcoholism, drug use, gambling Theory is that we criminalize things the lower class partakes in Social process theories - circumstances Learning, , labeling ○ If you are taught crime from a young age, you will grow up to be a criminal ○ If you are labeled a troublemaker you are seen that way and develop an identity around that label and embrace it Social conflict theories - class control ○ Life course: Turning points, pathways Neo-Classical View ○ Cost-benefit analysis Delay, uncertainty, ignorance Likelihood of imprisonment ○ Sources and accuracy of information to prospective offenders Ordinary citizens don’t know much about the law and criminals know even less Lest we Forget Women and crime Only recent subject of research Why more criminal activity? Women’s movement? Job market? Treatment of women in CJ system Limitations, focus of theories Module 3: Criminal Law Criminal Law ○ Substantive - Limits citizens Penal law; determines punishable offenses and punishments Void-for-vagueness doctrine: written in a manner that a normal citizen is able to understand (laws that are not understandable are not applicable) ○ Procedural - Limits the government (law enforcement agencies) How laws are enforced How do they have to treat people in custody Have to obtain warrant before search  Required: Notice of proceedings - have to be public about any proceedings Hearing - right to trial Opportunity to present defense Impartial tribunal - no bias Atmosphere of fairness Principles of Criminal Law ○ Legality - Idea that criminal law is rooted in law through legislative procedure; formal process that law comes from; not arbitrary ○ Actus Reus - Guilty act; You have to show that this act did occur Harm and Causation - To maintain that someone committed a criminal act you have to prove that the act occurred, but you also have to prove that the crime caused harm. ○ Mens Rea - Guilty mind; This shows intent. If the person did the crime with prior intent, it is easier to convict them ○ Concurrence (Exception: Strict Liability) - This is if the Actus Reus and Mens Rea are both present. ○ Punishment - Punishment has to be proportionate to crime Statutory Definitions ○ Statutory language Defines criminal activity ○ Elements of a crime Actus Reus Mens Rea Attendant Circumstances - The conditions surrounding the crime Helps determine how to punish someone and the extent to which to punish them ○ Classification of similar acts Mitigating circumstances - Things that help justify the act or things that diminish the responsibility of the convicted criminal Emotional maturity Acting in self defense or flawed understanding of law Developmental problems Physical/sexual abuse Aggravating factors - Enhance punishment Endanger minors Commit treason Use a weapon Guilty Mind ○ Determination of mens rea ○ Defenses against this Accident, self-defense, necessity, duress Entrapment - I did not want to or intent to commit this crime but someone presented me with a opportunity and was persuasive so I committed the act because of being prompted Mistake of fact, intoxication, insanity Georgia Insanity Defense: M’Naghten Rule with Irrepressible Impulse Test - you have to prove both ○ Each state has different law regarding insanity plea ○ Generally, have to prove either you do not know right from wrong (M’Naghten Rule) or prove that you cannot control your actions (Irrepressible Impulse Test) Arguing that you do not understand the law Immaturity Have to be convinced by usually a psychologist/psychiatrist ○ Other Defenses Road rage defense - They were not in their right mind because they were so angry about driving Grand Theft Auto defense - They would not have done the crime if not for the influence of this video game Gay panic defense - They would not have done this act except for they were offended or uncomfortable by an LGBTQ+ person Medical necessity defense - They would not have done this act except for they needed the medication out of desperation or need Shopping addict defense - They would not have done this act except for they are addicted to shopping Blame-the-therapist defense - They would not have done this act except for in the course of therapy I was reminded of past events and they scared me so I acted in response to that PMS defense - They would not have done this act except for they were facing hormonal changes so they could not stop Postpartum depression defense - They would not have done this act except for they were depressed after giving birth “Twinkie defense” - They would not have done this act except for they were eating a lot of unhealthy foods which altered their body chemistry and caused the act to occur Affluenza defense - They would not have done this act except for he was wealthy, spoiled, and was not raised to take responsibility for his actions 9/05 Procedural criminal law How state must process cases (magna carta) - no free man shall be seized, stripped of rights, except by lawful judgment Due process Due process model: citizen has absolute rights and cannot be deprived of life, liberty or property without appropriate legal procedures and safeguards Bill of rights Barron v. baltimore (1833) and the states (bill of rights only limit fed gov, not states) Fourth fifth sixth and eighth - criminal procedure protections in bor Selective incorporation Fourteenth amendment from magna carta (to apply to states) Powell v alabama (1932) ○ Scottsboro boys ○ Fundamental fairness; shock to conscience ○ Requirements; notice of charges, hearing on facts warren/burger courts and criminal law revolution 1961-69; incorporation Nationalization of cj; controversial 9/10 ○ Selective Incorporation - Supreme Court gradually takes pieces of the Bill of Rights and applies them to the states in individual court cases Bill of Rights Provisions Incorporated ○ Mapp v. Ohio (1961) - Exclusionary rule applied to state searches and seizures ○ Wolf v. Colorado (1949) - Unreasonable searches and seizures ○ Malloy v. Hogan (1964) - Self incrimination ○ Gideon v. Wainwright (1963) - Assistance of counsel ○ Pointer v. Texas (1965) - Confront witnesses against the accused ○ Washington v. Texas (1967) - Compulsory process to obtain witnesses ○ Klopfer v. North Carolina (1967) - Speedy trial ○ Robinson v. California (1963) - Cruel and unusual punishment Constitutional Protections ○ Fourth Amendment - search/seizure Unreasonable search barred; SCOTUS role Confusing because what does unreasonable mean Importance to law enforcement If in violation of fourth amendment, evidence is inadmissible in trial Exclusionary Rule Illegally acquired evidence cannot be used in court  ○ Fifth Amendment Self incrimination - do not have to testify if it can be used against you Pleading the fifth Technology, beating, torture - Not admissible confession Right to grand jury indictment in fed level but not guaranteed at state level Double jeopardy barred Cannot be tried twice for the same crime ○ Does not apply to other jurisdictions if the crime took place in many other states ○ Sixth Amendment Betts v. Brady (1942) Declined to accept the right to counsel except for Powell v. Alabama Gideon v. Wainwright (1963) - Assistance of counsel and guaranteed attorney only for people who cannot afford lawyer Speedy trial: defined, enforced Impartial jury: cross-section Jury has to represent entire community ○ Both genders; multiple races ○ Eighth Amendment Excessive bail, fines: seizure, forfeiture Cruel and unusual punishment Warren Court - values of contemporary society ○ How society defines cruel and unusual can change Disproportionate; Supreme Court generally limits to death Death penalty Responses of CJ Systems ○ Limits on law enforcement; protections for citizens ○ Regulations and guidance ○ SCOTUS and balance ○ Change within SCOTUS and fluidity Module 4: Police (Part 1) Police ○ American police ○ Limited authority, local control, fragmented organization Operate in a relatively restricted geographical area Have rules and regulations they have to follow Funded through taxes and government ○ Roots in British system  Earliest: community members, watchmen, “frankpledge” Very rudimentary; not much training Watchmen - Unemployed individuals who would watch the community at night; had no training “Frankpledge” - Males in community were tasked with security; was more organized; shared responsibility to protect community ○ Organized policing mid-18th century Initially volunteers; not paid Organization of Police ○ 1829: London police force created by Sir Robert Peel Focused on prevention of crime and proportional methods (not severe violence in small crime) ○ Police preferable to military ○ American import of British system Adapted to local needs and conditions Watchmen, slave patrols ○ Emergence of professional policing after riots, serious crime in US cities New York first established organized police in 1850 American Police ○ Political era (1840-1920) Close ties between police and political leaders Crime control and public service Giving blankets/food on behalf of political leaders Were still not trained to combat crime correctly; unprofessional Patronage, corruption Police jobs were for sale; no tests or training Rural areas - sheriffs, posses, US marshall ○ Professional model (1920-1970) Progressive movement Make government work better; more accountable, transparent, efficient ○ FBI gained prominence Better, more professional policing ○ Accreditation and training Society over political interests Technology, scientific interests Automobiles Car radios Shift to crime prevention Professional organizations, ethics  Less corruption Changing relationship between police, community Abandoned helping community as much and focused on crime ○ Less close relationships because they would travel in cars ○ Many riots broke out and were blamed because of the separation between police and community Needed reform to help them get close again ○ Community policing model (1970-present) Move toward order maintenance and providing services Quality-of-life crimes, etc Respond to relatively minor crimes to help them stop from escalating Broken Windows Model - Focus on low level quality-of-life crimes instead of just serious crimes ○ Communities sometimes felt they were being overpoliced and harassed by police responding to minor crimes Foot patrols, interaction Community wanted to see police interacting with them Police would be accessible on foot or bikes Role of federal funds ○ Shift Post-9/11 Community policing - intel, emergency preparedness Trained community members how to look for signs of possible terrorist activities and how to respond to that ○ Active shooter situations Law Enforcement Agencies ○ 1M+ law enforcement officers; 800K state/local 70% of spending at local level Fragmented, divided jurisdiction ○ Federal agencies - “federalization” of crime FBI: DOJ, federal law enforcement, terrorism, espionage, cyber crime Specialized: DEA, ATF, IRS Drug Enforcement Agency Bureau of Alcohol, Tobacco, Firearms and Explosives Internal Revenue Service Others: National Park Service, HHS agents, DOE agents Department of Health and Human Services Department of Energy Post-9/11: DHS (TSA, Secret Service, Coast Guards, Customs and Border Protection)  Department of Homeland Security State and Local Police ○ States At states vary in duties and authority Generally all states have a police, bureau of investigation, and highway patrol (except Hawaii) ○ Counties Sheriffs departments Elected In charge of jails Politics/civil service ○ Municipalities Role depends on size of community Coordination and modernization; urbanization Police Functions ○ Broad range of duties Order maintenance Prevent disturbances, disorderly conduct Judgment, discretion of officers Law enforcement Public perception as core task of police Specialization ○ Cyber crime ○ Crimes against minors ○ Internal affairs Practical difficulties ○ Geography ○ Resource limitations ○ Infrastructure and skill issues Service First aid Animal rescue Traffic Roadside assistance —-- 9/12 Organization of Police ○ Bureaucratic; military model Division of labor; chain of command  Officers, commanders, sergeants, lieutenants, captains, majors, chiefs, colonels ○ Operational Units Specific functions (patrol, investigations, internal affairs) SWAT, Web Patrols (internet crime bureaus) ○ Tasked with online or internet crimes (child pornography, counterfeiting) Police in Action ○ Police as gateway into cj system ○ Resources, regulations ○ Internal operations, firing weapons, toilet use ○ Many considered useless, unenforceable Reflection of community values Legalistic style”; “Service style” Actions and discretion Line services/administrative services Interaction with police ○ Seek assistance, witness/report crime ○ Less than ⅓ initiated by police ○ Time, effort, cost discourage interaction Police discretion ○ Full vs. selective enforcement ○ Nature of crime, relationships and behavior dept. policy, personal attributes Police and law enforcement Why become police officer ○ Attractive; variety of activities, public service, responsibility, job security, adventure ○ Unattractive; stress, danger, modest pay Recruitment Education, physical ability, background ○ Others; language skills, computer skills Health, age, citizenship, drug test, written test, academy training Trend toward more educational requirements Compensation Pay levels; local dept; about 35-40k start; about 48-50k max for patrol officer ○ Higher in cities and for supervisors ○ Chiefs national; 68k; chiefs cities; >100k Diversity Women, minorities ○ Movement against discrimination  ○ Hesitation and benefits of female, minority officers Greater role since ‘70s ○ Minorities about 20% nationally; up to 40% in many urban areas ○ Women 1.5% in 1970, about 10% now; up to 20% in some cities 9/17 Training Legal rules, conduct, emergency medicine, firearms, languages On the job training, socialization Acclimation to police subculture ○ Subculture; shared attitudes, beliefs, values ○ Working personality Relationship b/w occupational environment and interpretation of events; danger, authority ○ Police morality High sense of morality; justify discretion ○ Police isolation Perceptions of police, community; mistrust ○ Job stress Long hours, alert state, danger Police response and action Mainly reactive, not proactive ○ “Incident-driven policing” Proactive; stings, investigations Response driven by comm tech Dispatcher discretion Productivity and crime reduction ○ Clearance rate 15% minor crimes, 50% violent crimes - cost and capacity differentiate this rate Police services Line functions (things out in field) Patrol ○ Specialization; community size ○ Routine nature of most police work ○ Response to requests for assistance ○ Maintenance of police presence ○ Investigation of suspicious circumstances, behavior Investigative function Investigation - reactive ○ Status, pay, hours, independence  ○ Detectives and law enforcement function Evidence gathering; cooperation with agencies, assets ○ Real effects; role of response time and routine procedures ○ Most suited to cases where moderate evidence Other Services Apprehension ○ Crime detection, prelim. investigation, follow-up investigation, clearance and arrest Forensics ○ Science and tech; resources DNA, prints, blood, weapons, textiles ○ Types of crimes ○ DNA databases (CODIS) issues Special Operations ○ Traffic - discretion, proactive ○ Vice - prostitution, drugs; undercover work ○ Drug enforcement – aggressive patrol; maximization of arrests Tactics – code/building inspection Treatment vs. enforcement ○ Juveniles, SWAT Patrolling issues When. where, how many ○ Preventative patrol, hot spots ○ Rapid response Delays; ambiguity, coping, conflict, comm. ○ Number per unit; methods of transport ○ Aggressive policing, community policing Future issues ○ Changing with experience, research ○ Descriptive vs receptive ○ Terrorism and pervasive threats 9/19??? Module 5: Police (Part 2) Issues and Challenges ○ Abuse of power Legitimate vs. excessive force George Floyd There has to be some degree of force How common is excessive force? Looking at complaints made against officers  ○ Approximately 5% of officers are responsible for almost 50% of complaints - Only few officers are doing these behaviors ○ Police brutality; professionalization Regulations, training Decrease use of excessive force and understand when force is necessary ○ Lawsuits Citizens file in response to mistreatment Filed against government or agency not police officer because PO’s have no money ○ SCOTUS and use of force (1980s) Supreme Court allows use of force if under imminent physical harm or violence ○ Proliferation of non-lethal arms - weapons that do not end in lethal harm or death Stun guns/tasers Guns with rubber bullets Flashbang grenades Tear gas Police Corruption ○ Historical decline; rising professionalism ○ Forms Major - Take a free thing here and there, friends with certain members Minor - Taking drug money, planting evidence, taking bribes ○ Prevalence among vice units ○ Socialization ○ Results of corruption Lax enforcement Low morale Tarnished image/reputation Civic Accountability ○ Internal affairs Varied, stressful Other police officers distrust them ○ Civilian review boards - many cities have these but not all Do not have official role in changing policy but can recommend change Outside police agency Give citizens a role to help change occur; some agencies do implement them  Helps police learn about certain officers that are not acting professionally or correctly ○ Standards and accreditation Quality assurance You have to meet minimum standards to qualify for being a police officer Some amount of training per year ○ Civil liability suits Individuals, agencies Citizens can help keep agencies accountable Policing and Technology ○ Cyber crime issues Increasing role of technology in crime Hard to deal with ○ Transnational - people involved are committing crime from outside the US ○ Widespread Hackers and extortion ○ Easy to hide from police ○ Hard to acquire expertise in this area Need to be good in computers/data Most people usually want to go to tech firms that pay much more Tools for Policing ○ Computers, databases CODIS - federal DNA database IAFIS - federal fingerprint database Easily searchable databases for inmates, sex offenders, case files Some visible for citizens ○ Ballistics ○ Resources, databases ○ Laboratories, security cameras Use soil samples, test blood, any physical evidence Expensive and hard to staff and lots of scientific expertise required FBI has biggest crime lab Lot of backlog because of loss of personnel ○ Scanners, polygraphs, thermal imaging Polygraphs are not admissible in court unless both parties agree to allow them to be used and can be unreliable Thermal Imaging - looking inside a building to see number of people ○ Weapons technology (tasers)  Non-lethal weaponery Public-private policing ○ Two-tiered system (Public vs. Private) Recruitment - work to advantage their business “Moonlighting” - take on extra work; police officers work in private for additional pay (grocery store, private parties); act as security They can arrest while normal security officers cannot ○ Relationship between business, police Conflicts of interest ○ Roles of private police Service is to their employer not to the public They do not participate in law enforcement They can hold someone temporarily until police officers arrive Do not do the same things police officers do ○ Emergency preparedness Have to know first aid and help in fires for example ○ Exemptions from legal limitations Cannot make any arrests Police officers have to listen to regulations from government (procedural law) but private have some exceptions to those rules (substantive law) 9/24 Policing and the Constitution Police authority limited ○ Reaction to colonial experiences, royals Crime control balance with liberty, privacy, due process Officer training and awareness Search and Seizure Fourth amendment Search; intrusion on reasonable expectation of privacy Seizure; interference with liberty and freedom of movement Stops and arrests Stop; reasonable suspicion Arrest; lengthy, involved ○ Probable cause, warrants (sworn affidavit), totality of circumstances Lawful searches Plain view doctrine ○ Horton test - officer lawfully present, have lawful access, incriminating character apparent Open fields doctrine  ○ Distinction between fields and curtilage Plain feel, plain smell, plain hearing doctrines Warantless Searches Stop and frisk Role of observation, witnesses “Terry stop/frisk” (Terry v. Ohio 1968) - can only pat down outer layer of clothing but can request someone to take off coat/puffy jacket ○ Search incident to lawful arrest If already being arrested, can be pat down ○ Exigent circumstances Urgency - some sort of emergency occurs where there has to be an immediate search/seizure ○ Consent When officers ask to search, most people say yes ○ They are allowed to say no ○ Automobiles Stop and searches ○ Not permitted to disassemble a vehicle or get into locked compartments Can get around this with canine dogs ○ Pretext stops - police pull someone over but do not have reasonable suspicion so they come up with other justification Very controversial Challenge initial reason for stop especially if they end in arrest or seizure Random checkpoints (Michigan Dept. of State Police v. Sitz 1990) ○ Do have to be truly random (look at every 10th car or something like that) Cannot target certain cars or certain people Questioning suspects Fifth amendment protections ○ Self incrimination ○ Discourages violent coercion Emergences mid-20th century ○ 1936- S.C. ruled statements after beatings not permissible as evidence (brown v miss) ○ 1964 - S.C. linked guarantee of attorney and protection against self-incrimination (massiah v. us) Miranda rights  Miranda v arizona ○ Requires onced individual is sole focus ○ Inform of basic procedural rights Right to remain silent Statements made can/will be used in court Right to attorney State will provide if can't afford one ○ Applied to custodial interrogations Effects of miranda Debate over effects ○ Not many Detrimental to law enforcement ○ Not really, they've adapted Assessment of effects Empirical data Data issues Clearance rate fell late ‘60s Rising crime? Police workload? Miranda controversial, but affirmed ○ Consequences: police tactics = delays, lies ○ Exceptions: public safety Exclusionary Rules Exclusionary Rule Applied to Fourth and Fifth Amendments ○ 1914; federal courts exclude evidence improperly obtained ○ 1961; incorporation; extended to states Exceptions; good faith; inevitable discovery Basis and effects Non-profit principle ○ Often irrelevant ○ Profit normal ○ Other sources of deterrence 9/26 – fill in 10/1 Judges Key figure in cj system ○ Federal level; 9 SCOTUS justices, 179 COA judges, 677 district court judges ○ States; sc justices, numerous other judges  Roles in and outside of trial processes Warrants, bail, pleas, arraignment, evidence, scheduling Who are judges ○ High status, lawyers ○ Political connections; historically male WASP the ballots Judicial Functions ○ Adjudicator Fairness, impartiality Making sure to read rights ○ Negotiator Pleas, sentencing, bias Preference for avoiding trial to speed up case Encourage two sides to reach an agreement ○ Administrator Courtroom and courthouse management Court administrators/executives in urban areas Dispute resolution ○ Civil: plaintiff v. defendant ○ Criminal: complainant v. defendant ○ Most cases settle or plead guilty so judges do not have to do anything Behavior Modification ○ Carrots (positive incentives) and sticks (punishments) ○ Control punishments and positive incentives Allocation of gains and losses ○ Order and oversee transfers of funds and property Restitution Policymaking ○ Create and apply authoritative rules ○ Achieved through law/theory and/or practice ○ Decisions of court help determine policy/laws Decisions of court help determine policy/laws Georgia ○ Nonpartisan elections Many judges run uncontested ○ Trial courts - each court below has 159 courts because GA has 159 counties Municipal - serve a particular city Magistrate - deal with warrants arraignments Probate - deal with wills, estates, marriage licenses Juvenile - deal with juvenile offenders  State - deal with low level crimes (misdemeanors) ○ Trial/appellate Superior court - deal with high level crimes (felonies) Has trial and appellate jurisdiction ○ Can do appeals for cases in state courts ○ Appellate courts Court of Appeals of Georgia: rotating panels of 15 judges; hear cases in groups of 3 Supreme Court of Georgia: 9 justices Explanations for Legal Outcomes ○ Legal perspective - judges decide cases based on law and/or precedent Disagreement on extent Role of discretion, judicial preferences ○ Personal perspective Values, personality, self-interest of judges “Judge-shopping” - Self-interest of litigants Environmental perspective - judges are influenced by the world around them ○ Courts, government, and society ○ Direct, indirect ○ Interest groups, social trends