Crim B1 Intro to Criminal Justice Study Guide PDF

**Crim B1 Intro to Criminal Justice** **Study Guide \#2** **Week 9:** **Pretrial Procedures: The Adversary System in Action** **[District Attorneys (DA) are Prosecutors, they are attorneys who file cases on behalf of the people of the State of California (the Government).]** They have **[wide di...

**Crim B1 Intro to Criminal Justice** **Study Guide \#2** **Week 9:** **Pretrial Procedures: The Adversary System in Action** **[District Attorneys (DA) are Prosecutors, they are attorneys who file cases on behalf of the people of the State of California (the Government).]** They have **[wide discretionary power]** to decide whether an arrestee will be charged with a crime, level of charges, and recommend punishment and **often are considered the most powerful person in the criminal justice system.** The **[Attorney General]** is the prosecutor at the **state and federal** levels. **Defense attorneys may be private or public and are attorneys representing defendants.** Their Responsibilities are to **[zealously defend their client]** by investigating the facts w**ith the prosecutor and where feasible negotiate plea bargains**. **Public Defenders are employees of the county or state (taxpayer funded) who only work as defense counsel similar to District Attorneys who are also county employees.** [**U.S. Supreme Court sets the standard for inadequate defense counsel**.] To prove this standard, the defendant must show the attorney's performance was deficient and more likely caused the defendant to lose the case. **(Sixth Amendment, Gideon v. Wainright).** [**As laid out in the Eighth Amendment, Bail is the dollar amount to secure that the defendant will appear for further criminal proceedings**.] The purpose of bail is to allow a defendant to be released from custody until a trial. Bail amounts vary but are **another aspect of the Eighth Amendment. Bail must not be excessive or unreasonable.** **[Preliminary hearing]** **occurs Defendant appears before a judge who determines if there is sufficiency of evidence to hold a defendant over to trial or further proceedings. (Felonies only)** **[Discovery]** is a process where each side can evaluate the evidence the other side is going to present as evidence and **make motions to ask for key documents in a case that may prove or disprove facts or evidence**. **Plea bargain is negotiations between prosecutors and defense attorneys to generally reduce a criminal charge upon agreement and th**us resolve the case. **Victims are allowed to participate in the plea-bargaining process**. **Critics of plea bargains argue even innocent people may take a plea if there is a slight chance they might lose in trial.** The rationale is you take a chance going to trial, jury might find you guilty and the sentences are stronger than a Judge might render in plea bargaining. **Week 10: The Criminal Trial Process** **[Sixth Amendment]---the accused has the [right to a speedy public trial], Impartial jury of peers.** **[Gideon v. Wainright case held there must be adequate representation during the critical stages of the proceedings.]** **American criminal justice system utilizes a [twelve-person jury.]** ["]Taking the fifth" means asserting/taking your Fifth Amendment right not to self-incriminate. **[Presumption of innocence] means a defendant is innocent until proven guilty. The burden of proof in a criminal proceeding is [guilty beyond a reasonable doubt. ]** **[Voir dire] is the process of selecting a jury. In the process both the prosecutor and defense attorney question each juror to expose any explicit bias.** **[Challenge for cause:] legally justifiable reason why a juror is unfit to serve on the jury. [Peremptory challenge:] juror is excused from the jury for subjective reasons by the prosecution or defense; usually limited to a certain number by the court.** **Opening statements** **Prosecution and defense give brief overview of the case, the facts, and what supporting evidence they will present in court** **Objections (disagreements) to testimonial and physical evidence are made and the judge decides if admissible. Only evidence that proves or disproves a fact will be admitted.** **Prejudicial evidence- Evidence that tends to mislead the jury or cause an emotional bias.** **[Direct examination] is the questioning of a witness by the attorney who called the witness to the stand.** **[Cross-examination] is the questioning of a witness by the opposing attorney to determine truth and veracity.** **Hearsay Evidence-** Out of court statement made to assert the truth of a fact. (very complex) **The burden of proof is on the state to prove the charges; the defendant does not have to present evidence.** **Competence and reliability of witnesses:** witnesses should have sufficient mental capacity to comprehend the importance of their testimony and be able to clearly recall significant events. **Creating a reasonable doubt is a key defense strategy** by exposing a weakness of law in the prosecution's case. **Closing statements-** Prosecutor and defense attorney present a summary of their cases to the jury deliberation. **Fifth Amendment protects and prohibits citizens from [double jeopardy], which trying the same offense twice.** Eighth Amendment holds that a Habeas corpus (The Great Writ) must be filed no later than one year after conviction. **The Writ of Habeas Corpus is a formal request from someone who is imprisoned to appear before a judge so the court can hear the convict's claim of being held illegally and there is new evidence to support this assertion.** **Week 11: Punishment and Sentencing** **Basic rationale for sentencing criminals- Retribution, Deterrence, Incarceration, and Rehabilitation.** **Just desserts** **holds that the severity of the punishment should be proportionate to the severity of the crime Deterrence.** The Four R's of sentencing & punishment: **[Rehabilitation-]** Belief society is better served when criminals are given resources to eliminate criminal behavior. **Restorative Justice** is punishment designed to repair the harm done to the victim and society. **Restitution** is monetary compensation paid to the victim for damages done by the offender\'s criminal actions. **Retribution** occurs where a person knowingly breaks the law and society's rules needs to be punished. **Indeterminate sentencing** is where the laws set a minimum and a maximum range of time for sentencing. (Judge can adjust) **Determinate sentencing-** where the laws set a fixed time for sentencing and a judge cannot adjust the sentencing time. Good time and truth in sentencing - Good is the reduction of a prison sentence due to good behavior while in prison **[Truth-in-sentencing laws]** are those passed to ensure violent convicts complete at least 85 percent of their prison sentence before being considered for release. **Imprisonment, Probation, Parole, or alternative sentencing can be imposed, this includes alternatives like house arrest or electronic monitoring.** The **sentencing process**, A **comprehensive report** is prepared for the judge to assist them in determining an appropriate sentence for the defendant. (These reports are **written by probation officers).** **Disparities in sentencing** attributed to the defendant's gender, race, or economic standing. Race and sentencing: **[Black males receive about 20 percent more severe sentences that White males for the same crimes.]** **[1984 Sentencing Reform Act created strict guidelines for sentencing]** **Victim Impact Statement (VIS) are** statements from the victim to the sentencing body about how the crime affected them. **Week 12: Court Procedures, probation, sentencing** **Court timeline of procedures begin with the arrest and end with sentencing.** **A preliminary hearing is for felonies and determines if sufficient effort exists to take a case to trial and or charge a suspect**. **Nolo contendere** is a Latin phrase used by defendants who plead "no contest," meaning they don't contest the issue of guilt or innocence. **Gideon v. Wainright held defendant is entitled to adequate representation during all critical stages of the proceeding.** Principles of probation: terms of probation must relate to the offender rehabilitation, safety for the community, and cannot violate constitutional rights. Supervisory role of the probation officer is to guide probationer to positive behavior, Use of authority. Probation officers can send probationer to prison for violation of conditions, Caseload dilemma, High caseloads makes it difficult to monitor all probationers. **Revocation of Probation**-Removal of a probationer from agreed upon initial terms of probation. This occurs where terms of probation were violated and invokes a due process proceeding. The due process in revocation consists of, Preliminary hearing, to decide if probable cause existed to revoke probation 11 percent of violent offenders arrested are on probation or parole. Day reporting centers (DRCs) Centers where probationers spend most of the days receiving treatment and education. The more an offender is watched, the more likely they are to be caught violating conditions of release. Intensive supervision probation (ISP). Probation is the most common sanction in U.S. **Jeanne Cleary Act** required colleges and universities to publish crime stats on all campuses, **11 percent of violent offenders arrested are on probation or parole. About 25 percent of parolees return to prison.** **Probation and parole officers** are uniform or non-uniformed officials responsible for supervising probationers and parolees while they are on community-based incarceration. **GPS or Electronic monitoring is the use of technology to monitor offender\'s whereabouts** **Week 13: Prison, Jails, Gangs** Roles of prisons in modern society and there are general models: **Custodial model** **Security and discipline Rehabilitation model** **Inmate well-being and treatment Reintegration model** **Types of prisons** 1. **Maximum Security Prisons- violent and repeat offenders** 2. **Supermax prisons-super maximum security, Reserved for murders, prison gang members, high-risk, and repeat offenders.** 3. **Supermax syndrome- psychological and emotional issues associated with long periods of isolation.** **Medium-security prison - About 45 percent of prison inmates are housed in these facilities.** **Incarceration is heavy economic burden to society. (about \$53,000 per year per inmate in California, 2005).** **Black males are five times more likely than White males to be incarcerated and two times more likely than Latino males.** **Private v. Public prisons, primary differences are cost, training, and types of inmates housed.** **Jail and overcrowding are primary concerns of incarceration.** **Hispanic gangs consists of several groups, however, most popular are the Surenos, southern California gang members whereas Nortenos are northern California gang members.** **The largest street gang in America is the Crips wearing the color blue and Bloods or Piru wearing the color red.** **The oldest prison gang in the U.S. is Mexican Mafia (EME)** generally comprised of Hispanic gang members from east L.A. EME was established in 1957 in Tracy CA. "EME" became powerful both in prison and the streets. **The Aryan Brotherhood Aryans (AB) originated in San Quentin and established by white supremist group in the 1960s.** The enemies of AB include Mexican Mafia and the Black Guerilla Family. **Yet in prison it is different. Prison gang Alliances: Aryan Brotherhood align with EME while the BGF teamed with NF. Soledad prison in 1967. NF northern California barrios and EME southern California barrios, primarily Hispanic members.** **The Black Guerilla Family (BGF) was founded in 1966 at San Quentin.** BGF was established by a black panther. The CRIPS and BGF are closely aligned due to the large size of the crips estimated at 60,000 members nationwide. **Week 14: Prisoner population composition: Reentry into Society** Most inmates are under 34 years old. Most inmates are doing sentences for drugs or immigration violations. **Brown v. Plata (2011) (AB 109)- The U.S. Supreme Court ordered California** to reduce its prison population so it could properly care for inmate needs, including medical care. Rehabilitation and prison programs: activities designed to improve physical and mental health of inmates **Race plays a role in prison life, and violence is usually associated with race** **In 2005, the U.S. Supreme Court** reaffirmed that California's 60-day segregation policy was discriminatory and unconstitutional. California continued inmate segregation for small amounts of time to identify race-based gang members. **Prisoners have the same guaranteed rights as other Americans. (except voting)** **Courts have ruled that censoring inmates' mail** is not a violation of rights if the censorship is for security concerns. **Megan's Law** Requires local authorities to notify the public of sex offenders release and status. **Week 15: Juvenile Justice System: Drugs & Mental Health** **Parens patriae:** doctrine that the state has a responsibility to look after the well-being for children and assume the role of parents, Organizations focused on juvenile treatment, not punishment. **U.S. Supreme Court** ruled juveniles have a right to counsel and a hearing when being transferred to adult court Important court decisions. **In re Gault (1964)-** U.S. Supreme Court overturned the sentence and affirmed juveniles have the right to counsel, right to cross-examine witness, and right not to self-incriminate. Due process clause in the 14th Amendment applies to juveniles. Drug abuse and criminal behavior go hand in hand. Infliction of physical, emotional, and sexual damage on a child impacts delinquency. **Juveniles transferred to adult court** have higher recidivism (reoffending) rates. Juvenile probation, 63 percent of juveniles receive probation as where about 3,500 juveniles are incarcerated.