Term
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Definition
Trial rights.
• Notification of charges in advance, formal hearing (initial appearance), free from self-incrimination (Miranda V Arizona), right to counsel, formal ruling on the record, cannot twice be held in jeopardy.
• Two prongs of Miranda: awareness (aware of what’s going on) and voluntariness (cannot beat, promise anything or threaten for confession) |
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Term
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Definition
• Right to counsel.
o Definitely just right to counsel. |
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Term
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Definition
| • Cruel and unusual punishment not allow. Against excessive bail. Sentences must be proportionate to crime. Death Penalty issues. |
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Term
| Arguments for and against capital punishment |
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Definition
• 3 in favor:
o Just desserts.
Morally right, taken a life, so execute
o Revenge
Want a painful death of execution
o Specific Deterrence
If they are executed they will not commit further crimes.
• 3 Against
o Morally wrong
Act of killing is wrong no matter what
o No general deterrent impact: the brutalization phenomenon.
Number of murders actually increase
o Miscarriages of justice
We kill innocent people. System is full of mistakes.
o Extreme socio-economic/ethnic bias
Discriminatory
106x more likely for a black killing a white than vice versa
Across the country about 10x more likely.
• Micro vs Macro
o Micro is in favor--- one specific case involved.
o Macro is opposed--- overall events and systems. |
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Term
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Definition
General Law Enforcement History
• Hue and cry system
o Rely on neighbors for help
• Shire reeve
o Sheriff, hired people to rep interests
• Thief taker
o Citizen’s arrest system. Some buds and you decide to write out own warrant
• John and Henry Fielding
o Need more order
• Hired Bow Street Runners
o Would patrol around London, protect citizens, but they did not screen individuals |
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Term
| Metropolitan Police Act of 1829 |
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Definition
| • Created police force in London. Organized police system in London. US didn’t get the memo. Our system is pretty much the way the UK’s system was before the act. |
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Term
| Wickersham Commission of 1931 |
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Definition
• Side note: the wickersham brothers in Horton hears a who are monkey and they were kinda evil.
• Reforms:
o get police out of politics.
o Train those damn police officers, man! (academies),
o screen applicants—I don’t want no nut with a gun
o move police into a more kinetic, law enforcement orientation. Crime control all the way baby. |
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Term
| Presidential Crime Commission |
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Definition
• Agreed with Wicks. However, it said we should also have education for police officers. LEAP would pay. Bachelor’s at least. Masters for higher ups
• Rejected the kinetic model, for social service/due process model. |
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Term
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Definition
• Asked police officers who deserved highest admiration. (themselves, then police officers. At bottom, college students, politicians, inmates.) Jerk…..
• Highest regard for police: older women with good jobs, no police initiated contact, middle class) |
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Term
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Definition
• Have a master status, viewed as cop and cop only (not as a father, son, etc. Just a cop. Narcissists. Okay, no it’s just the first and foremost self concept.)
• Separate themselves from rest of society, brings them together with other officers. Only sees society at worst moments. |
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Term
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Definition
• Split Kansas City into three areas: mild, moderate, heavy traffic of police
o Looked at patrolling and crime rates.
o Hypotehesis was that lots of police would lead to less crimes.
o Found fear of crime was highest with lots of police.
o Otherwise, no difference. No diff man. No diff.
o Leads to less patrolling more social service and problem solving models |
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Term
| Neiderhoffer’s Cynicism Model |
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Definition
• Professional
o Failure
Frustration
• Desenchantment
o Cynicism
Anomie
• 1. Recommit.
o Looking for ways to go back to the start at professionalism.
Job specific training
Education. More = more.
Union involvement
Democratic leadership (likert systems 1= militaristic. Likert systems 4= democratic)
Likert three is most likely.
PEOPLE SUPPORT WHAT THEY CREATE
• 2. OR Become corrupt.
• 3. OR Quit. |
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Term
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Definition
Pre-trial diversion—what is it?/how does it work?
• Run by prosecutor.
o Sign statement, plead guilty, no new offenses, follow rules
• Non-dangerous, non-violent may earn dismissal of charges if rules are followed.
o No criminal record
• If rules are not followed, original charges will be filed. |
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Term
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Definition
| • Minimizes level of intrusion into justice system. • Save money • No record so no stigma. • Offenders are held accountable. • PROBLEM: VERY BIASED. So Michaela would not get this. Just because. |
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Term
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Definition
Different levels of courts
• Minor trial court
o County courts. 90% here,
o Initial appearances
o Prelim hearings
o Misdemeanor trails
o Civil cases involving less than $51,000 (NE)
• Major Court
o District courtsz
o Arraignments
o Felony trials
o Civil cases with more money
o Appeals from minor trial courts.
• Appellate court
o Multiple judges.
o In division sitting.
o Adjudicate the law
o Appeals
• Supreme court
o No jury, handle appeals.
o Always sits en banc
o Multiple judges. Nine judges.
• Both fed and state. Two are courts of fact and two are courts of law.
o De facto: minor and major
Jury involved, evidence involved
o Of law: Appellate and Supreme.
Just review constitutional and processional issues. |
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Term
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Definition
Granted a certiorari
Only 70-80 casees with written decisions, only 200 get certs, 8000 requests for certs a year. Court of law. Original, non-exclusive, non-concurrent jurisdiction. |
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Term
| Courts of law vs. Courts of fact |
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Definition
Courts of law handle appeals
Courts of fact handle evidence |
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Term
| State court and federal court layout |
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Definition
Courts county, district, appeals, supreme, miscellaneous.
State
Magistrate's Court
appointed by district court judges for 8 years
District Courts
94 courts
some civil areas
some civil rights issues
patents
copyright
bankruptcy
diversion jurisdiction if 2 or more parties from 2 or more states, cases $75,000+ case may go to district court
crime $200
appeals
nationwide jurisdiction
County court/Minor Court (90% of cases)
misdemeanor, traffic, initial appearances, civil: less than $50,000
preliminary hearing,juvenile trials
COURT of FACT
District/ Major trial
arraignments, felonies, occasionally handles appeals in which case it is a court of law
COURT of FACT
Court of Appeals
meet in division
constitutional questions
occasionally sit in bunk
COURT of LAW
Supreme Court
always together
appeals
occasionally an impeachment
rarely meet in division
COURT of LAW
Miscellaneous |
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Term
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Definition
if 2 or more paries from 2 or more states with case of $75,000+, case may go to district court
deals with crime that is $200+
appeals
nationwide jurisdiction |
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Term
| Original, non-exclusive, non-concurrent jurisdiction |
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Definition
| • Can give these cases to fed courts to try in a court of fact. Transfer of court of fact case to a lower court. |
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Term
| Supreme Court Chief Justice Powers |
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Definition
• Decide what cases to hear
• Vote last
• Speak first and last.
• Sets agenda
• Assign decision writing if votes with majority
• Circulates a list of cert denied suggestions without conference discussion |
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Term
| Selection of judges: Missouri Plan |
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Definition
• State level: gubernatorial appointment, legislative election, partisan election, non-partisan election, Missouri plan (NE uses this)
• Bilateral Commission (4 lawyers, 4 non, 4 repubs, 4 dems.) selects pool of people, submit three to governor, governor chooses.
• Periodic unilateral elections (is this person doing their job)
• How judges get jobs
o Judges in Minor: U.S. Magistrates court, serve 8 years, appointed by federal judges.
• Major Trial; U/S district rout, serve for life, appointed by pres.
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Selection of Federal Judges
Supreme court
o Pres picks people.
Political reward (loyal party member),
desire to maintain relations with interest grouos (differnet groups of people are supposed to have the seats),
ideology (liberal vs conservative),
ability never really a factor (can hire top quality clerks.) |
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Term
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Definition
| • Senior senator of party of pres may choose who they want to be district court or courts of appeal judges in state where vacancy occurs. |
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Term
| How to remove a judge from office |
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Definition
• Die, retire, impeached. (federal)
• Direct: Die, retire, impeached, voted out, petition (initiative referendum election), judicial misconduct board. (state)
• Indirect: informal pressure to resign, prosecuted/convicted, bar association action—could be disbarred if they are censored (state) |
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Term
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Definition
Problems: expensive, biased, unconstitutional confinement, overcrowding, aggravates the crime problem.
Probation vs. Parole
• Probation
o A punishment in itself.
o Court administered program
o Behavioral contract, probation could be revoked and prison/jail sentence imposed if failure to comply exists.
o Not lenient to certain people (inner city want to go to prison)
• Parole
o After incarceration.
o Same as above.
Replacement Phenomenon
• When someone is arrested crime doesn’t end. Someone else takes place. Drugs, prostitution, gangs. Etc. |
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Term
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Definition
1. Build more prisons
2. Tear down prisons
Neither seems really plausible, so most people lean towards middle to solve problmes:
• Divert to community based programs
o Halfway houses. Etc.
• Selective incapacitation
o On weekends kinda thing, pay for time in prison.
• Shorter sentences
• Less intrusive classification. |
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Term
| Kant—why do we punish people? |
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Definition
• 1. Retribution, just desserts
• 2. Revenge, individually based (most support here)
• 3. Control/order maintenance, protect society and maintain order
• 4. General deterrence, maintain order and threaten in order to subdue. |
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Term
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Definition
• Commission of a crime over and over and over
• Relies on
o Time dimension
How long person is followed.
o Type of violation
Felony v misdemeanor
Violent v non-violent
o Type of violator
Maximum security vs pretrial diversion
Career criminal vs 1st timer
o Level of intrustion
Who is considered a recidivist? When do they fail? Are they arrest, convicted? Or just given warning etc?
o Arrest
o Conviction
o Prison (max, med, min)
Reentry problems
• Civil restrictions (can’t vote, hold officer, public employ)
• Insurance and educational restrictions
• Occupational licenses restricted
• Government and public housing restrictions. |
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Term
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Definition
Age specific phenomenon- crime is. (16-25)
Parens Patriae
• Serve as the parent of. |
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Term
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Definition
laws applying only to juveniles.
Alcohol, weapons, tobacco, curfews, schools attendance. |
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Term
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Definition
• Heaving v trial
• Adjudicated v convicted
o Not found guilty, found responsible. More rehab based.
o Treatment based. |
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Term
| Who is considered a Juvenile |
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Definition
• Until 18th bday
• Min age: 8
• Can be tried in adult court
• Cannot receive death penalty
• Prosecutor and judge must agree to charge as adult |
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Term
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Definition
• Lack legit roles
• Peer pressure
• Lack self control, hedonism
• Biological factors
• Educational disparity
• Blank time issues (extra time)
• Entertainment exposure
• Poverty |
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