Intro to Criminal Justice Unit 9/10 July,2011. Unit 9 Graded items: 1.Seminar 2.Final Essay Paper 3.Discussion CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL

Intro to Criminal Justice

Unit 9/10

July ,2011

Unit 9

Graded items:

1.Seminar

2.Final Essay Paper

3.Discussion

CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL

By Frank Schmalleger

©2007 Pearson Education, Inc.

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First

• Assignments!

Nothing after May 10!

Double check ME!!!

Go back and get points (2/3 posts)

Re-do tests, not projects

* Paper??

Next Week

Course ends – JULY 26, 2011

Many assignments due – can still turn them in

Unit 10 - Quiz

Unit 9 Final Essay Paper

The US correctional system can serve two specific functions in relation to criminal offenders.

First, it can serve as a tool for punishing the offender and making the offender pay for his/her crimes.

Second, it can serve as a means to rehabilitating the offender and preparing him/her for successful reentry into society.




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Unit 9 paper cont.

Assignment

Write a 3-page paper that answers all 3 of the following questions:

1. How does our correctional system punish offenders?

2. How does our correctional system rehabilitate offenders?

3. Which method is more effective in reducing crime, punishment or rehabilitation? Explain your choice.




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Unit 9 sources

You are required to use at least 2 references for this paper. One reference can be your text from this class and the other reference should come from the Kaplan library. Be sure to list your sources on your reference page.




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Unit 9 paper cont.

Your paper must follow this format:

Page 1 – Cover page

Pages 2, 3 and 4 – Body of text

Page 5 – Reference page

Please remember to write a full 3 pages for your body of text. Your paper should be written in Times New Roman size 12 font and double spaced.




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In -Text:

• …. (Smith & Wesson, 2002).• Smith and Wesson (2002) found that …

• Smith, D.W., & Wesson, T. E. (2002). Gun shots at the Alamo. Baton Rouge, LA: LSU Press.

Examples Note: (most examples adapted from Perrin, 2004)

Appears on page by itselfWord “References” centered at topAlphabetize- beginning with last nameLast name, initials. (date). TitleTitle specifics

◦ Articles: only 1st word of title capitalized, (not italicized) Name of periodical/magazine (each word capitalized & italicized),

volume #, (italicized), then page # of article (no Italics). Example follows:

◦ Nussbaum, J.F., & Bettini, L.M. (1994). Shared stories of the ◦ grandparent-grandchild relationship. The International

Journal of Aging and Human Development, 39, 67-80.◦ Books: only 1st word of title capitalized, title is italicized,

followed by major city of publication: publisher (example:◦ Kent, C.W., & Ray, G.A. (1999). How communities share

resources: Ways to give back. New York: McGraw Hill.

Special situations addressed in guide ◦ no author, association publications, etc.

Reference List

Avoid, only use if essential for clarityEven if not quoting, you must citeQuotations must have the page number attachedYou must quote exactlyShort quotes – less than 40 words, put in

quotation marks, followed by the in text cite and the page number

Long quotes – more than 40 words, must be indented in a block format, with no quotation marks also cited with page number(s).

Do not need to repeat names if they appear in the text.

Quotations

???????????????????

Any questions concerning the Final Essay???




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Seminar Topics

• Death Penalty Issues

• Juvenile Justice

• Prison




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Prisons

A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement. The use of prisons as a place to serve punishment is a relatively new way to handle offenders.




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Early Punishments

Types of early punishments:

Flogging Mutilation Branding Public humiliation Workhouses Exile




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The Penitentiary Era

1790--1825

Philadelphia Penitentiary begun by Quakers for humane treatment of offenders.

Rehabilitation through penance (solitary confinement and Bible study).

Known as the “Pennsylvania System.”




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The Mass Prison Era

1825--1876

Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor.

This Auburn System was the primary competitor to the Pennsylvania System.




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The Reformatory Era

1876—1890 Based on the use of the indeterminate sentence. Believed in the possibility of rehabilitation, especially for youthful offenders. Elmira Reformatory attempted reform rather than punishment. A system of graded stages in educational, behavioral and other goals gave way to the system of “parole.” Ultimately considered a failure, since recidivism was still a problem.




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The Industrial Era

1890--1935

Prisoners used for cheap labor. Industrial production in the North; agriculture in the South. Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. Labor unions complained that they could not compete. The passage of the Hawes-Cooper Act and Ashurst-Sumners Act limited inmate labor. Some prison industries exist today.




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The Punitive Era

1935--1945

Characterized by belief that prisoners owed a debt to society.

Custody and institutional security the central values.

Few innovations.




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The Community-Based Era

1967--1980

Based on premise that rehabilitation cannot occur in isolation from the real world. Prisons considered dehumanizing. Led to innovations in the use of volunteers and the extension of inmate privileges. Programs include:

• Half-way houses• Work-release• Study-release




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The Warehousing Era

1980--1995

Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. Nothing works doctrine. Prison overcrowding became widespread. Greater emphasis on incarcerating non-violent drug offenders.




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U.S. Prison Population: 1960-2005

Source: Bureau of Justice Statistics




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The “Just Deserts” Era

1995--present

Based on the justice model. Emphasis on individual responsibility and punishment. Imprisonment is a proper consequence of criminal and irresponsible behavior. Chain gangs, “three-strikes,” and reduced parole.




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Prisons Today: Numbers and Types of Prisons

Approximately 1,325 state prisons 84 federal prisons 482 state and federal prisoners per 100,000 population

On January 1, 2004, state and federal prisons held 1,461,191 inmates. Slightly more than 6.9% of those imprisoned were women.




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Prisons Today: Sentences

In state prisons:

49% are violent criminals 19% are property criminals 20% drug law violators

In federal prisons:

61% are drug law violators




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There are three security levels:1. Maximum

2. Medium

3. Minimum

Security Levels in State Prison Systems




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Most maximum security institutions tend to be massive old buildings with a large inmatepopulation, including all death row inmates.

They provide a high level of security with:

High fences/walls of concrete Several barriers between living area Secure cells Armed guards Gun towers

Maximum Security




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Medium security prisons are similar in designto maximum security facilities; however, they:

Usually have more windows. Tend to have barbed wire fences instead of

large stone walls. Sometimes use dormitory style housing.

Medium Security




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Medium security prisons allow prisoners morefreedom, such as:

Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less • supervision

An important security tool is the count. The process of counting inmates during the course • of a day. Times are random, and all business stops until the count • is verified.

Medium Security




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In minimum security prisons: Housing tends to be dormitory style. Prisoners usually have freedom of movement• within the facility. Work is done under general supervision only. Guards are unarmed, and gun towers do not exist. Fences, if they exist, are low and sometimes• unlocked. “Counts” are usually not taken. Prisoners are sometimes allowed to wear their own • clothes.

Minimum Security

Death Penalty

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The Death Penalty

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Capital punishment means the death penalty. It is the most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses).

Scmalleger, 2007

The Extent of Death Penalty Statutes

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Capital punishment is a sentencing option is 38 states and the federal government.

States vary considerably with regard to the number of death sentences given and the number of executions.

Methods of imposing death vary by state. Most use legal injection. Electrocution, hanging, gas chamber, and firing squad are still on the books as a option in at least one state. Scmalleger, 2007

U.S. Executions by State1976-2004

37Scmalleger, 2007

Habeas Corpus Review

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The average time before execution is 10 years and 11 months. Most of the delay is due to appeals.

All death penalty cases get one automatic appeal. Beyond that, inmates can receive more appeal by filing writs of habeas corpus,

an order directing anyone holding a prisoner to bring him before a judicial officer to determine the lawfulness of the imprisonment.

Scmalleger, 2007

Limiting Appeals

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In a move to reduce delays in executions, the U.S. Supreme Court:

Limited the number of appeals (McCleskey v. Zandt, 1991 & Coleman v. Thompson, 1991). Defined standards for further appeals from death row inmates (Schlup v. Delo, 1995)

Abolitionist and Retentionist Positions on Capital Punishment

Arguments for Retention Revenge—Only after execution can survivors begin to heal psychologically Just desserts—Some people deserve to die for what they did Protection—Once executed, the person cannot commit another crime

Arguments for Abolition Has been used on innocent people and may be again Not an effective deterrent Imposition is arbitrary and discriminatory Far too expensive Reduces society to the level of the criminal

CRIMINAL JUSTICE TODAY, 9E

PRENTICE HALL



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The Courts and the Death Penalty

U.S. Supreme Court defined cruel andunusual methods of execution in In reKemmler (1890):

“Punishments are cruel when they involvetorture or lingering death; but the punishmentof death is not cruel within the meaning of

thatword as used in the Constitution.”

41Scmalleger, 2007

Furman v. Georgia (1972)

“evolving standard of decency”

The Court invalidated Georgia’s death penalty statute on the basis that it allowed a jury unguided discretion in the imposition of a capital sentence.

Georgia, and states with similar statutes, worked quickly to modify their procedures.

42Scmalleger, 2007

Gregg v. Georgia (1976)

The Court upheld the two-step procedure requirements of Georgia’s new capitalpunishment law as necessary forensuring the separation of the highlypersonal information needed in asentencing decision from the kinds ofinformation reasonably permissible in ajury trial.

43Scmalleger, 2007

Recent Court Challenges

Most recent appeals challenge state’s capitalpunishment laws and tend to focus on theprocedures in sentencing decisions.

Still, most U.S. Supreme Court justices believein that the “death sentence” is fundamentallyconstitutional. It is the means of executionand the population of those to be executed(like age and mental inability) that are comingto be questioned.

44Scmalleger, 2007

The Future of the Death Penalty

There is little common ground between death penalty advocates & opponents.

The future of the death penalty likely rests with state legislatures.

45Scmalleger, 2007

Sell v. U.S. (2003)

An important government issue must be at stake and only a case by case inquiry can determine whether the government's interest is mitigated by the possibility of a long civil commitment for the treatment of the mental illness or by the fact that long periods of confinement have already been served, as this would be subtracted from any criminal sentence.

There must be a substantial probability that the medication will enable the defendant to become competent without substantial undermining side effects.

The medication must be necessary to restore the defendant's competency, with no alternative, less intrusive procedures available that would produce the same results.Scmalleger, 2007

Juvenile Justice

Police Officer

Ticket Juvenile Court

My personal view

Traffic Tickets – Result

Cruelty to Children

Felony Cases Reduced Sentence

Domestic Cases Mediation

Overview of the 3 main casesIn re Gault (1967)

More on details of case later

Procedural fairness to juveniles in juvenile court

Parens Patriae – the child was entitled more to custody than to liberty

Gault delivered safeguards – including advanced notice of charges, a fair/impartial hearing, assistance of counsel, and opportunity to confront witnesses, and priv. against self-incrimination.

Fundamental Fairness Doctrine

Case Law Evaluation Continues

In Re Winship (1970)

raised the standard in proceedings to “beyond a reasonable doubt” vs “preponderance of the evidence”

Breed v. Jones (1975)

Double Jeopardy – Adult vs. Juvenile Court

Setback in progress?

McKeiver v. Pennsylvania (1971)

the Constitution does not require a jury trial in juvenile court proceedings

Judge can be finder of fact in lieu of a jury

“Gault, Winship, and McKeiver precipitated a procedural revolution in the juvenile court system” (p.83).

Researchers are still critical

The shift from “needs” of the child to “deeds” committed focuses on criminal prosecutions like adult courts.

This is a convergence of “substantive” and “procedural” justice.

Some quote Kent v. U.S. (1966): “the child receives the worst of both worlds: the child gets neither the protections of an adult nor the care and treatment postulated for children.”

In re Gault, 387 US 1, (1967)Gerald Gault made some lewd phone calls

After a hearing soon after being taken into custody, he was ordered to a State Industrial School until he reached adulthood. No notice was given to parents that he was in custody.

A petition for detainment was filed on the day of the hearing and was not presented to Gault or his parents

The complainant of the lewd calls was not present at the hearing either.

Gault 2No sworn testimony

Officer testified that Gault admitted to making the calls (outside the presence of his parents).

No Miranda – no notification of right to counsel, self-incrimination

Superior Court dismissed habeas corpus petition by parents. Argument: that committal by proceeding requires due process and fair treatment

Decision in GaultReversed; Juvenile proceedings must

have fundamental due process procedures

1. written notice of charges

2. notification of right of counsel prior to hearing

3. application of the constitutional privilege of self-incrimination

4. a determination of delinquency by sworn testimony, which can be subjected to cross-examination

In Re Winship, 397 US 358, (1970)

12 year old boy stole money

NY family court judge adjudicated based on the standard of “preponderance of the evidence” instead of “reasonable doubt” standard

Boy was subject to confinement based on this standard of guilt.

The case was affirmed by NY Supreme Court

DecisionThe reasonable doubt standard was

founded on the value that it is far worse to convict and innocent man than to let a guilty man go free.

Due process clause protects an accused in a criminal prosecution to the standard of “reasonable doubt”.

Although juvenile proceedings don’t have to be structurally similar to adult courts, the finder of fact still has to used this standard.

McKeiver v. Pennsylvania, 403 U.S. 528, (1971)

From PA and NC, a group of juvenile proceedings were evaluated.

PA: 15 and 16 year old boys, charged with both felonies and misdemeanors, requested a jury trial and were denied.

NC: A group of juveniles also requested a jury trial (public was excluded in some cases) but were also denied in all cases.

Supreme Courts in both states affirmed the decision in lower courts

McKeiver v. PA 2Due process clause and fundamental

fairness require some protections, but they do not require a jury trial in a juvenile proceeding.

The presence of a jury trial would create an adversarial proceeding, which would slow down and take away from the curative, rehabilitative model that juvenile courts are supposed to have.

1 Justice affirmed, but would reverse if state’s didn’t allow public-view trials.

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Intro to Criminal Justice Unit 9/10 July,2011. Unit 9 Graded items: 1.Seminar 2.Final Essay Paper 3.Discussion CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL