Introduction to Crime and Justice

Introduction to crime and justice According to Emile Durkheim, crime is normal, a normal part of society. He believed that it was impossible to eliminate crime. We had 51 criminal justice systems (50 states and 1 federal). NO 2 states are exactly alike. (justice systems, harshness of sentences, etc.) Had a major social problem in the 1960s- Increased by 100% between 1960-1968 Crime index: Murder Forcible rape Robbery Aggravated assault Larceny Burglary Motor vehicle theft Arsen (added in 1979) Why?? Percentage of crime index occurred due to the baby boomers time (children grew up) Society was not in a positive condition (abandoned buildings, no good) Increase in drug usage. Civil rights movement, women’s rights movement, free speech movement, etc (clashes occurred from people against the marches. Not enough courts, officers, training, law enforcement. Commission on law enforcement and admin of justice was formed in 1965 The omnibus crime bill was passed by congress in 1968. Programs started to begin in hopes of decreasing the crime rate (job programs, clubs, Sesame Street, etc) However, no matter what they tried, the crime continued to increase in the 60s, 70, 80, then started to calm down from there. Not until 1993 was it that you started to notice a decrease. Saw more juvenile delinquents appeared in the crime society. Violent crimes: Violent crimes against women and children: Homicide: First degree murder -(intended to kill this person, planning the whole time) or premeditated murder Second degree murder-intending to commit a crime but not to kill one, killing one anyways (ex. A man dies in a bar fight) Voluntary manslaughter- killing someone after a negative emotion such as anger, frustration, etc. Involuntary- an accident, definitely not intended (ex. Car accident fatality) Felony murder- when one commits a felony that ends up resulting in murder (setting a building on fire, which is arson, and one ends up dying in the building) Aggravated Assault: Robbery:taking any of value from another person FACE TO FACE Larceny:not face to face Robbery:involves theft and interpersonal Property crimes: Burglary- unlawful entry into a structure Larceny- known as theft -unlawful taking, carrying, leading, or riding away property. (belongs to someone else) -shoplifting, pickpocketing, purse snatching, etc. Motor vehicle theft- theft of a motor vehicle -each state has their own laws that describe motor vehicles. If in the state, it’s not considered a motor vehicle, they will be charged with grand larceny. Arson- Malicious burning of a dwelling. Or motor vehicle , aircraft, property, etc. -purposely burning shit up. Forgery and counterfeiting- lying and saying what is actually is fake is REAL -trying to use fake money, fake tickets, forgery in signatures for checks, cashing, contracts. -imitate documents and say its real Fraud- obtaining money or property by false pretenses. -credit card fraud as an example or someone gets a credit card in your name. White collar crimes:admitted  by individuals in the course in the course of their occupation. -OR their crimes committed by the actual corporation. Pilferage-any time you take things from your work or office without paying for it. -America loses about 4 billion dollars a year because of pilferage. Embezzlement-Misappropriation or misuse of funds Fraud by professionals- lawyers who build more time than they actually put in. When you call for a lawyer, they send you a bill for how long they spent on your case. -Doctors billing patients for things they never did. Price fixing-when corporations get together and set high prices Price Gouging- similar, but gouging means taking advantage in a situation and doubling or sometimes tripling prices. (ex=in Florida because of Hurricane Irma). False advertising- Not as serious as it used to be. -”results may Vary” are the three words that save people from getting put into court for false advertising. Corporate Violence- Corporations kill many people each year than all the murders combined. -Corporations cause illness, injury and death. Categoties called chizzleing Political crimes Public order crimes Organized crime Violent crimes Against women and children Rape-forced sexual intercourse (vaginal, anal, oral penetration, even includes foreign objects) In most states, rape is intercourse/penetration. SEXUAL ASSAULT is forced unwanted sexual contactDomestic violence- physical attack involved in two of a relationship -people take longer to get over a verbal abuse than a physical abuse, however there is no law against psychological abuse. Physical abuse of children- often hard to define -where do you draw the line? Between discipline (spanking a child) and over doing it. Children normally don’t want to exploit on their parents in fear of being taken away from their parents Sexual abuse of children- any physical contact or in any sexual nature between a child and an adult. -Every state is different: you could be documented as a sex offender if you watched X rated movies whild you child is fallen asleep on your lap. Stings and Swindles-involves stealing through deception -for example, investing scams that uses religion to invest off their people. Chiseling- cheating consumers on a regular basis -charging for bogus auto repairs -cheating customers off home repairs (AC, heating, plumbing, etc) -short weighing in supermarket (produce, meat, etc) -pharmacists can give you a prescription but charge you for a different one -lawyers can charge you for extra time or forge signatures Public order crimes- illegal drug use, prostitution, pornography and gambling - willing participants Organized crime- when the public demands illegal goods or services Political crimes- two categories; crimes by government and crimes against government Crimes BY government- mainly to preserve and maintain public order Crimes AGAINST government- to show retaliation -espionage, treason, HATE crimes - people believe this is another part of political crimes. -Crimes of violence or property committed against individuals or groups because of their race, ethnicity, national origin, religion, gender, disability, or sexual orientation. TERRORISM- one aspect of political violence. - You can trace back terrorism to 44 BC assassination of julius caesar. - Assassination comes from “hashish eater” De-political terrorismEnvironmental terrorists- earth liberation front, -driven through spiked trees, broken into labs to set experimented animals free, all in the name of the environment. State sponsored terrorism- most extreme form of state sponsored terrorism is genocide. Where the gov is trying to eliminate a particular race, religion, etc. Nuclear terrorism There is a difference between the criminal justice system and the criminal justice process: CJS is made up of three interdependent parts: Law enforcement Courts corrections. Begins with a crime being committed. Most unsolved. They a have a suspect. CJP takes an offender through a series of steps beginning with an initial contact and concluding with their reentry into society. Interviews, witnesses, Laws- formalized rules that prescribe or limit actions Substantive Criminal laws- consist of the rights, duties, and prohibitions administered by the courts- which behaviors are to be allowed and which are prohibited. Procedural criminal laws- rules concerning just how substantive laws are to be administered, enforced, changed, and used by the players in the legal system. 3 main functions of criminal law: 1.) Defining socially unacceptable behavior 2.) Controlling the behavior and maintaining social order 3.) Regulating the punishment of behavior Crime- an intentional act or omission to act in violation of criminal law, committed without defense or justification, and sanctioned by the state as a felony, misdemeanor, or infraction. Crimes are considered wrong for two reasons: 1.)mala in se- crimes that are considered wrong or evil in and of themselves -everyone believes that it is wrong. 2.) mala prohibita- crimes that are considered because they are prohibited by criminal law Felonies- a year or more in prison Misdemeanors- a fine, community service, probation, less than a year in jail. Infractions-you will not go to jail with an infraction (jaywalking, noise complaint, leash law, etc Elements of a crime Corpus delecti- the body of the crime Actus reus-the guilty act Mens rea- having criminal intent Self defense-you were defending yourself, friends, loved one, children, or family, so I killed one to save my self and _____ Entrapment-encouraged or enticed to act a certain way by government or law enforcement (undercover pretending to be one to lure you in) Duress- you would have never done this unless you were under duress (ex, your child has been taken and have to rob a bank to get him back) Age- “i’m too young to know the difference” can still be taken to a juvenile delinquent system, but not punished as harshly (AZ law states that an 8 year old at youngest can be charged as an adult for murder) Mistake- claiming that it was a mistake, or did not know that the law existed. Necessity-choosing a lesser of two evils (dye in a snowstorm of exposure OR break into someone’s cabin Consent-often has to do with rape. Must be a verbal, sober, “YES”. Intoxication- “ I was under the influence and drugs and I had no idea what I was doing” Insanity- have a mental illness, not remember your actions. Insanity defense are used about 2% of the time, and only wins 25% of the time. Prevalence of crime- the number of people participating in crime Incidents of crime- the number of criminal acts committed Dark figure of crime- the number of crimes that are not detected, reported to the police, or recorded by the police. Part one crimes- index crimes- homicide, rape, arson, burglary, etc Crime rate is based on the part one crimes that occur per one hundred thousand people. 5 major categories Rational choice theories- free will Biological theories- something with the body (chromosomes, hormones testosterones for men and estrogen for women), etc Psychological theories-something with the mind, a defect in the mind or personality Sociological theories-something in the environment- looking for the cause of the crime outside the individual (school, family, household, community, poverty,) the environment around that person to cause them to commit a crime Political theories- blame the political and economic structure of society (the wealthy use the legal system) 4th amendment and arrest The right against the legal search and seizure (seizure of you is an arrest) Must have a probable cause States that no warrant shall issue without a probable cause of person or things Probable cause- enough facts and circumstances for a reasonable person to believe that a crime has been committed. ex.) woman hears a gunshot, a few screams, and a man runs, however she did not see the incident. 3 circumstances there so a reasonable person might believe the man was responsible for the shot. Differences between stops and arrests: POlice officers can do a STOP when they are suspicious, they cannot take any clothing off of you for a body pat down, but they can pat down and ask you take out anything they feel like is a weapon. Arrest needs a warrant first which can take minute, hours, or removable of their house for a long search. You are not under arrest until an officer states “you are under arrest” Miranda vs Arizona - Up to the state to prove you guilty -Must inform you that you have the right to remain silent -You don’t have to say anything, answer questions, -This is created because of the long history of confessions, which lure officers into torture. -”anything you say can be used in the court of law” New york vs quarles- a woman ran up to NY police officers that she ran into a man that raped her. Asked the suspect where the gun. The suspect pointed to a pile of boxes. Later then argued that the gun should not be used against him, since he has not been read the miranda rights to him. -Overriding consideration of public safety as an exception. The gun was left at the store and the state decided that getting the gun secure was more important than reading one a miranda rights. Oregon vs Elstad- the police went to the home of an 18 year old because they were suspicious of him involved in a burglary. He says he was at the scene and was taken to the station. He gave a full confession. His attorney argued that saying he was there was immiscible and the continuation after that was the continuation of his confession. The original confession was said before the miranda rights and the rest was said after, there Colorado vs Connelly- can a confession of a mentally ill suspect be used in court?? The supreme court said yes. “A criminal suspect mentally ill can be used in court” ● Punishment might be slightly be affected Minnick vs Mississippi- a suspect is in custody and is asked for an attorney. Can the police continue questioning after that? NO they must wait until an attorney should stop. And if it doesn't stop, All answers/confessions should not be used that srae saisd Illinois vs Perkins- Undercover cop as an inmate was told about a confession about an unsolved murder. The court decided that the miranda rights help the officers in which the person is already in jail and told the miranda rights. Therefore, charged with that murder. Arizona vs Fulminate- Here the court ruled that even if the confession is co (involuntary) and is admitted to court, it can be viewed as a harmless error IF the remainder of the evidence is sufficient and is brought into court and investigation. Fourth amendment involved Weeks vs United states- 1914 Exclusionary rule for Federal crime cases ● The search was illegal since they did not follow by the fourth amendment, even if you have found the murder weapon. That weapon can be brought out to court. Mapp vs Ohio - 1961 Exclusionary rule extended to state cases ● The search and fourth amendment should be used for state cases too. ● Many state police officers do not follow this amendment too. ● PROBABLE CAUSE and Permission because if not, we cannot use any weapons found to court. ● Criminals have escaped because of this but the federal court decided that the police should not abuse their powers. Brewer vs Williams - 1977 ● Robert williams suspected of killing a ten yrd girl and not found the body, 200 people about trying to help finding the body. Williams was taken to Iowa. The police are having a convo and is ignoring Williams in the back seat. Williams took the police to the body, and took his first trial. Mix vs Williams- 1984 The police used all of his evidence. His attorney revealed to the court (christian Burial Speech) should not have been used at court since he was not there to witness Williams taking them to the body. He was tried the second time never mentioned the christian burial speech by anyone. The evidence was everything around the body. If he hadn’t taken the cops to the body, There never would’ve been a case. This was when the Doctrine Inevitably, someone would have been found by the volunteers, But if not, the body would not have been found. Maryland vs Garrison- entered the wrong apartment, even though they had a search warrant for a particular apartment. Established a reasonable mistake exception. Colorado vs Bertine- vehicles confiscated by the police. Established an inventory exception to the exclusionary rule. If police confiscate your vehicle, the police have a legal right to search your car and everything in your car (back pack, suitcase, etc). They would still need a search warrant if they want to search their home. Arizona vs hicks- it was asked if the police have a search warrant for a weapon. They need a separate search warrant for a serial number for a stolen item. Chimel vs California- one arm’s length rule. If they have a search warrant, they can only use one arms length to search the house. Carroll doctrine- automobile searches. Counts or RV’s and boats. Plain view doctrine- if a police officer is in a place where they are allowed to be, and something is in plain view, they have a right to seize it. (ex, one car doesn’t stop a stop sign, gets pulled over, sees a case of beer in the back seat and the driver is not 21) Open fields- fair game. Do not provide the setting for those intimate activities that the fourth amendment is intended to shelter from government surveillance. Abandoned property-once you abandon a property, the police can search it. Once you throw a trash bag to the streets, they can search it. Once you checked out a motel, they can search the room. School searches- they don’t need permission to search lockers, gym bags, back packs Airport searches- TSA searches, luggage, baggage search without permission. They are all legal searches under the law. totality of the circumstances rule- police can make a stop and make arrest if the totality is enough for a probably cause. If the government calls the national guard, they have the right to use force to maintain law and order. Police are the gatekeepers to the criminal justice process. The police also have the decision whether to give you a ticket or a warning. Kin police system Frankpledge Police systemTithing Hundreds- grouped into shires Shires-shire reeve Earldom Parish-Constable System Watch the ward America had a very diverse population, on top of that, the cities were growing tremendously, and the officers that were hired were hired because they were strong. Extra legal factor: Demeanor of the suspect Preference of the complain Race, gender, ethnicity Age, sex, and number of years on the police force Mooching Chiseling Shopping Knapp commission- formed to investigate police corruption in NYC 2 types of corrupt police officers: Meat eaters- officers that charging a fee to protect one from getting in trouble. Grass eaters- Certainly accept pays that come their way, but wont ask. 4 kinds of stress External stress- comes from the threats and dangers they might have to face everyday (having to enter a dark building, or responding to a call involving a man with a gun) Organization stress- come from paramilitary structure. You may have a policy rules from the police department you must follow. (ex, have to submit the written report in a limited time. Might be working a graveyard shift, ) Personal stress- can be caused by an officer’s racial or gender status (ex, if you are a woman hired first in an all white male force) Operational stress- comes from dealing with many different types of people that we don’t normally run into on a normal base. (homeless, drug addicts, pick pockets,) Women in policing ● Women have been policing for more than 100 years., but were not assigned to regular, uniformed street patrols until 1967. ● 1905, she was hired specifically to shelter women and children from the unruly prowls and characters (coming to portland Oregon). City was expecting (louis and Clark expedition) ● The first regularly commission policewoman was Alice Stebbins-Wells. Hired 1910 by the LA police department ● By 1925, more women were hired, but during the next four years, the policewomen were being stalled. They were doing more of a secretary work (make coffee, file/organize, sometimes work with children) Women were not really patrol officers ● By 1940, only 141 of the 417 largest cities employed any females as police officers. ● 1967- the president’s commision on law enforcement and administration of justice released a groundbreaking report that stated women should perform the same duties in policing as men. ● 1960, increase in recruiting women, but if you look at the stats, it’s only about 15% of police population that are females. ● Stats prove that females are as effective as male police. Women are sometimes better handling situations than male (not as much shouting and commotion). 4th amendment Search and seizures- must have a probably cause 5th Amendment Double jeopardy-can’t be charged twice Self incrimination-right to remain silent Due process- all procedural laws must be followed 6th amendment Right to: Speedy and public trial A trial by an impartial jury Be informed of the nature and cause of the charges To confront witnesses Obtain witnesses on own behalf An attorney 8th amendment No excessive bail No excessive fines No cruel and unusual punishments 14th amendment Extends these rights to state criminal trials (applies the bill of rights to the states) When the 14th amendment was passed, it required all states to incorporate the bill of rights into their own constitution. The public has confidence in the criminal courts. We want to believe the process in the court rooms are equal. Is justice blind to race or gender? Are we all treated equally? What you see in the media, there is little resemblance in what goes on in a courtroom. Factors: ● Discretion- depending on where you live or who was involved, the police decide to arrest you r tell you to go home. The police have discretion and so do the prosecutors. The police officers have the most power because they decide what charge to charge you with and so on. ● Amount of social diversity between the offender and the victim- the police may never investigate when a homeless person kills another homeless one. However may seek charges between a lower social class citizen and a rich white guy. ● The question of whether the courts do not dispense justice but administer and interpret the law- ● The media- constantly being reported on. Constantly in the corporate. ● Prosecutors backed by the state- ● Judges are supposed to interpret the law- judges are not supposed to be biased. ● The gateway to the criminal justice system- for the same offense a foreperson is more likely to be arrested, than an upperclassman. ● Defendants are poor- don't have the money to go hire an attorney. 1791- if you couldn’t afford an attorney, you had to appear on court with no one. Just sit there. (indigent- poor to afford an attorney) Court cases: ● Johnson vs Zerbst- 1928- supreme court ruled that an indigent offendant is entitled to an attorney in federal criminal prosecutions. ● Powell vs alabama- 1932- if a defendant is charged with a capital crime (crime worth charging the death penalty), they have the right to an attorney. added to state criminal prosecutions relating to Johnson vs Zerbst. ● Gideon vs Wainwright- 1963- supreme court ruled that an indigent defendant charged with a felony had the right to defense council paid for by the state. (landmark case of 1963) ● Douglas vs california- 1963- many defendants who were found guilty appeal. The supreme court ruled an indigent defendant is entitled to their attorney for their first appeal. ● Miranda vs Arizona- 1966- entitled to an attorney during custodial interrogations. ● In re gault- 1967- juveniles are also entitled to an attorney. covered by the 6th amendment's rights ● United states vs wade- 1967- permits the ● Argersinger vs Hamlin- 1972- basically est. the right to a defense attorney as a cornerstone for criminal justice. Included any misdemeanors for which you could be locked up. Jurisdiction: is the geographic area, subject matter, or persons over which a court can exercise authority. The area of geographic jurisdiction is referred to as venue. Subject (matter) jurisdiction refers to the category of cases the court is authorized to consider. Limited jurisdiction means that the court has jurisdiction in only a limited number of narrowly defined cases. General jurisdiction refers to the authority of a court to hear any type of case. Can hear a civil case, a misdemeanor, criminal, case, etc. Original jurisdiction refers to the authority of a court to hear or act upon a case from its beginning to its conclusion. Appellate jurisdiction refers to the authority of the court to review decisions made by the lower court. Diversity Jurisdiction is the result of litigants from different states. Trial courts of limited jurisdiction- They can hear a limited number of cases May be referred to as : ● Inferior courts ● Lower courts May be called: ● District courts ● Justice courts ● Justice of the peace courts ● City courts ● Municipal courts ● Magistrates courts Trial courts of General jurisdiction May be referred to as Major trial courts. May be called: ● district courts ● Circuit courts ● Superior courts Intermediate courts of appeals May be called: ● Appeals court ● Appellate court ● Commonwealth court ● Superior court ● Court of appeals Only in 39 states. Courts of last resort May be called: ● Court of appeals ● Supreme judicial court ● Supreme court of appeals ● Supreme court. Federal Courts: ● Magistrate courts ● District courts ● Circuit courts of appeals ● United states supreme court Law enforcement: ● Court security staff ● Sheriff's deputy ● Bailiff Courts: ● Prosecutor ● Public defender- Private defense attorney ● Judge ● Law clerk ● Clerk of the court ● Court reporter ● Secretary ● Translator ● Court administration Corrections: ● Probation officer ● Pretrial services ● Drug rehabilitation Public: ● Defendant ● Victim ● Witnesses ● Jurors ● Victim witness assistance personnel ● Rape crisis personnel ● Child advocates ● Bail agent ● Newspaper reporter ● Court watchers Complaint Information Indictment Crime-an intentional act or omission to act, neither justified or excused, that is in violation of the criminal law and punished by the states. Arrest - physical taking of a person Initial court appearance- Informed of the charges or charges against them -bail is set -informed of their rights to a defense counsel -informed of their rights to remain silent Riverside county, California vs McLaughlin A defendant must be brought before a judge within 48 hours of arrest-48 hour rule. (in arizona its 24) Preliminary hearing- There is enough probable cause for this case to move forward. Half the states use preliminary hearing, the other uses grand jury. (AZ uses both). The prosecutor shows enough to represent that there is a probable cause. Preliminary hearing is NOT double jeopardy. Judge, defense attorney, prosecutor and defendant, and is open to the public. Plea bargain or trialSentence Crime Arrest Initial court appearance Grand jury-Done in secret. No media, no public. The federal government always uses a grand jury. If the judge decides there is a probably cause, they issue an indictment. Plea bargain or trial Sentence CrimeGrand Jury Arrest arraignment -they will be asked to enter a plea Plea bargain or trial Sentence Difference between Preliminary hearing and Grand juryIn preliminary hearing they sit and listen to what the defendant has to say. Use immunity-a grant of use immunity guarantees a witness that any testimony he or she gives will not be used against him or her. Transactional immunity- ensures that the witness will not be prosecuted at all for crimes that are the subject of his or her testimony. Horizontal overcharging- when a prosecutor files a number of related charges or a number is separate counts of the same basic charge. (ex- a person Under the influence gets in an accident, killing two from the other car. Gets a charge for reckless driving, manslaughter, and a DUI) Vertical overcharging-when a prosecutor files the most serious possible charge appropriate to the crime. (ex- in the car accident, they would charge him with first degree murder). Factors that influence a prosecutor's decision to charge a suspect: ● Prior record to the accused ● Potential harm to the accused ● Likelihood of obtaining a conviction ● Character and reliability of the victim ● Character and reliability of the witnesses ● Possibilities for diversion ● Willingness of the accused to testify against other defendants ● The limits on the resources of the prosecutor's office and the courts. A plea bargain is a negotiation between a prosecutor and defense attorney to arrive at a neutrally satisfying charge for a case. Of course when a defendant accepts a plea bargain, they have rights. 5 basic types of plea bargains: ● Reducing the seriousness of the charge ● Reducing the number of charges or counts ● Reducing the sentence ● No recommendation regarding the sentence ● Altering charges with negative labels. ↓ A guilty plea must be entered into voluntarily and intelligently -Defendant must understand the rights he or she is giving up. -must give up these rights of their own free will Santobello vs new york - a prosecutor has to live up to the terms of a plea bargain. Duncan vs Louisiana - right to a jury trial extended to all state defendants that faced 6 months or more behind bars William vs Florida - Juries with as few as 6 persons are constitutionally permissible except in cases involving a capital crime. Johnson vs louisiana - Jury verdicts of 9 to 3 are permitted Apodaca vs Oregon - jury verdict of 10 to 2 are permitted Taylor vs Louisiana - women cannot be excluded for juries Bellew vs Georgia - court ruled against a 5 person jury Burch vs Louisiana - if six juries are used, decision must be unanimous Baston vs Kentucky - court ruled that prosecutors may not use the peremptory challenges to exclude blacks from juries because they believe that such persons favor a black defendant. Lockhart vs McCree - court ruled that prospective jurors who state that they could not under any circumstances vote for imposition of the death penalty could be excluded for cause Master jury list- this list is supposed to be representative and an impartial jury. Cross section of your community. Venire- when you're supposed to know when to start the actual trial. Voir Dire- defense is questioning you Challenge for cause- prosecutor defense has to give a reason why they want this juror excused. Peremptory challenges-Don’t have to give a reason. Only can excuse three jurors without giving a reason. Real evidence- tangible evidence, Testimony evidenceDirect evidenceCircumstantial evidence-Indirect evidence used to prove something All evidence in court must be trustworthy, credible, There must be a valid reason for introducing any evidence. The defense doesn't need to do anything. 4 purposes of punishment: Retribution- eye for an eye, a tooth for a tooth, based on the concept of revenge. Focuses on punishment on past behavior. Incapacitation- “lock them up and throw away the key” attempts to prevent future crimes by physically restraining the offender. Deterrence● General deterrence- “let this be a warning to others” ● Special deterrence- designed to change the behavior of the individual offender. Rehabilitation- INtermittent incarcerationIntentive probation supervision- when a Probation- Community serviceRestitutionForfeiturejail/prison- if your sentence is less than a year, it’s jail. More than a year is state prison. Death penaltyIndeterminate sentence- a prison sentenced with a minimum and maximum number of years to be served Determinate sentence- A person sentenced with a fixed term of imprisonment. Presumptive sentencing- a min and max number of years is set by the legislature for particular crimes Truth-in-sentencing- intended to reduce the discrepancy between the sentence imposed and the actual time served Three-strikes- sentencing measures mandating life without parole for repeat offenders of violence. Jails have 5 primary purposes: 1. Detain accused offenders who cannot make bail or are not eligible for bail prior to trial 2. Hold convicted offenders awaiting sentence 3. Serve as the principal institution of secure confinement for offenders sentenced to jail 4. Hold probationers and parolees picked up for violation and waiting for a hearing 5. House felons when state prisons Prisons are organized according to security level Minimum- there may be no offense or no armed guards, security, or a wall MediumMaximumSuper MaximumThe first penitentiary in the US was Walnut Street Jail. Indentured Servitude- the practice of selling criminals as servants to private individuals instead if sentencing them to penal facilities Prisonization- a process of socialization whereby prisoners adopt the norms, values and and beliefs of the inmate subculture as their own Classification determines which inmates go to which institutions and the specific conditions under which they will be confined. Inmate subculture- the norms, values, and beliefs that develop among prisoners. Importation Model- the perspective assuming that inmate subculture does not develop as a result of prison circumstances but rather is brought in from the outside when offenders enter. Punitive Segregation- isolation of an inmate for disciplinary reasons, to provide additional supervision and control of the individual. Conjugal visit- the practice of an extended private visit by an inmate’s lawful spouse or registered domestic partner. Institutionalization- The state of being dependent on an institution to meet one’s basic needs to the point of being unwilling or unable, to function in the outside world. Hands-off doctrine- meant that prisoners could not sue prison wardens for violation of their civil rights. Civil commitment- the process where a judge decides that a person is mentally ill and incarcerated that person indefinitely in a mental hospital Criminal justice system Juvenile Justice system Crime Delinquent act Criminal Delinquent Arrest taken into custody Arrest warrent summons Initial apperance intake hearing Indictment Petition Not guilty plea Deny the petition Guilty plea Agree to petition Plea bargain Adjustment Trial Adjudicaiton hearing Conviction Adjudication Presentence investigation Social History Sentence Disposition Incarceration Commitment Prison Training school, reform school Parole Aftercare Binding out- sending out children to live with wealthy families Infancy defenses- A defense that holds that children under the age of 7 could not be criminally prosecuted because they were too young to form mens rea 1st juvenile court formed in Chicago in 1899 Kent vs United States- Juveniles transferred to adult court must have a waiver/transfer hearing Waiver- is the mechanism that permits the transfer of juvenile offenders to adult court. In re Gault- juveniles must be granted due process rights, to be notified of the charges, the right to an attorney, confront witnesses, right to remain silent In re Winship- juveniles must be found guilty beyond a reasonable doubt McKeiver vs Pennsylvania- Juveniles are not entitled to jury trials Breed vs Jones- Juveniles cannot be adjudicated delinquent in juvenile court and then tried in adult court, that would be double jeopardy Roper vs Simmons- death penalty for people younger than 18 when they committed murder is crule and unusual punishment The philosophy of parens patriae- means that the government as the father of the children Statue offense- an offense that is illegal only because the defendant is a child, such as truancy Expunged- a term used to describe a juvenile court record that is destroyed or made legally unavailable. Intake is the first booking procedure for juvenile in the juvenile justice system