Criminal justice -- outline

Transcription

1 CRIMINAL JUSTICE

2 Criminal justice -- outline Models of law creation Punishment Branches of the criminal justice system Sentencing The corrections system Sociological perspectives on criminal sentencing Death penalty

4 Two models of law creation The consensus model of law Suggests that laws arise because people see a behavior they do not like and agree to make it illegal The conflict model of law Proposes that powerful people write laws and do so to protect their own interests Discussion: Which model best explains our laws?

6 Punishment -- deterrence Deterrence prevents a person from doing something out of fear of the consequences Two types of deterrence Specific deterrence Seeks to prevent a particular offender from committing that crime again General deterrence Seeks to prevent others from committing crimes by making an example of a particular offender

7 Punishment -- shaming Shaming: A deliberate effort to attach a negative meaning to a behavior Shame can either stigmatize or reintegrate (John Braithwaite) Stigmatized shame A permanent label given to an offender Increases the likelihood of re-offending because the guilty person is labeled forever Reintegrative shaming Allows the offender to reconnect to society after punishment without further stigma

9 The U.S. Criminal Justice System Three branches of the criminal justice system Police Courts Corrections

10 Police There are more than 18,000 law enforcement agencies in the United States There are more than 800,000 full-time sworn law enforcement officers

11 Police Police spent little time directly protecting society Studies show that police directly protect society less than 1% of the time An officer s job is best described as hour upon hour of boredom, interrupted by moments of sheer terror Police have little direct impact on crime Studies of increased police numbers show very little impact on crime rates Techniques such as target hardening (making an object less attractive to a possible criminal) is more likely to have positive effects on crime rates than increased police numbers

12 Police Police officers have the initial discretion Discretion is the ability to make decisions on whether or not a crime has occurred Discretion is often used when they frequent hot-spots Hot spots are areas regularly patrolled because police believe they will find criminal activity there Usually these neighborhoods are poor areas This kind of discretion perpetuates inequality in the system Racial profiling (a type of discretion) occurs when police target certain groups based on race Racial profiling increases the odds that minority criminals will get caught and makes it less likely that white criminals will be brought to justice

13 Courts The court system consists of: Prosecutors Defendants Judges

14 Courts -- prosecutors The prosecuting attorney Official duty is to conduct criminal proceedings on behalf of the state or the plaintiffs Often elected or works for an elected district attorney In the court system, no one has more discretion than the prosecuting attorney After an arrest, the district attorney s office decides what the official charges are They have power to accept plea bargains Out-of-court agreements between prosecutor and defense attorney that involve concessions by prosecution to obtain a guilty plea

15 Courts -- defendants Defense counsel Attorneys hired or appointed by the court to provide legal defense for the accused The right to a defense attorney is part of the suspect s Miranda rights and guaranteed by the court There is great disparity among types of defense counsels Private attorneys who specialize in criminal law and provide good results are costly Public defenders who are paid to provide defense services to indigent people tend to have large caseloads Conviction rates, including plea bargains, are higher for public defenders versus private attorneys The poor with public defenders are more likely to be convicted than the rich who can afford private attorneys

16 Courts -- judges The judge s role is to ensure that proceedings are held in accordance with the legal system Exercise discretion over what should and should not be admitted into the case May have power over the outcome, depending on the state and situation

18 Sentencing philosophies Sentencing philosophies Philosophy of retribution -- calls for punishment predicated upon the need for revenge Power of the state is used to punish offender Philosophy of just deserts -- criminal offenders deserve the punishment they receive at the hands of the law Punishments should be appropriate to the type and severity of the crime committed (see proportionality sentencing) Both philosophies contend that the primary goal of the criminal justice system is to exert power over offenders and punish them for their crimes Discussion: Which philosophy shapes the US criminal justice system?

19 Sentencing Proportionality sentencing principle States that the severity of sanctions should bear a direct relationship to the seriousness of the crime The offender is given a fixed-term sentence that may be reduced by good time Time deducted from a prison sentence for good behavior Gain time Time deducted for participation in special programs

20 Sentencing Models of sentencing Indeterminate sentencing -- model of criminal punishment that allows the judge and corrections system discretion in the length of the sentence Structured sentencing -- the legislative system of a state enacts constraints on judicial discretion in regards to determining criminal sentences

21 Structured sentencing Truth in Sentencing Laws aimed at abolishing or limiting parole so that inmates serve a set majority of their sentences Mandatory sentencing (mandatory minimums) Structured sentencing strategy that allows for no discretion on the part of the judge Force judges to hand out fixed sentences for specific crimes Eliminating the possibility of using mitigating circumstances to decrease a sentence (see next slide)

22 Sentencing circumstances The judge or jury can take circumstance into account when sentencing Aggravating circumstances Describe a crime in which gravity is greater than that of the average instance of the offense Mitigating circumstances Circumstances surrounding commission of a crime that may reduce the blameworthiness of defendant

23 Types of structured sentencing Mandatory sentencing increases the length of time people serve in prison Results in overcrowding, health care issues, and greater expense Some states built nursing homes within prison walls to care for an increasingly aging inmate population too weak to care for themselves but who cannot be released due to these laws State and federal governments have become more restrictive and harsher with sentencing over time (see Prop 36) Mandatory minimum sentences for drug offenders not an efficient use of tax dollars, compared to drug treatment (Rand Corporation) Mandatory sentencing regulations raise serious questions about the fairness of the justice system There continues to be a racial and social class element to sentencing

24 The Corrections System Probation A sentence given in lieu of prison and requires conditions that must be met by the offender Probationers have lower rates of re-offense compared to those sent to prison Parole A correctional strategy that releases inmates from prison early but supervises them in the community Similar to probation conditions Violating the conditions of parole can result in prison as well

26 The Corrections System More than 7.3 million Americans were under some form of correctional supervision in 2007 (see next slide) Individuals serve longer sentences and have little chance of getting out early for good behavior

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28 Prison -- statistics Prison is the last resort in the criminal justice system Offender is incarcerated for a period of time as punishment for crime Today s prison inmates 64% belong to racial or ethnic minorities 57% are younger than 35 years old 21% serving time for a drug offense

29 Prison -- statistics Bureau of Justice Statistics Correctional Surveys One of every 15 people in the U.S. will be incarcerated in his or her lifetime The U.S. is currently imprisoning people at a rate 6 times greater than Canada and 13 times greater than Japan (see next slide and compare with Finland) Blacks are 3 times more likely to be imprisoned than Hispanics and 5 times more likely than whites Nearly nine out of ten inmates are male The rate of female inmates is increasing Southern states have higher incarceration rates (see next slide) They have more crime They sentence offenders to prison more often and with longer sentences

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31 Prison -- Finland Finnish rate of incarceration is 0.05% in comparison to United States 0.7% Crime and recidivism rates are both lower Characteristics of Finnish prisons Fences with razor wire rejected in favor of cameras and electronic networks Inmates live in areas that look like college dorms Guards are unarmed and do not wear uniforms Interact with inmates in effort to get to know them as fellow citizens Discussion: Should the US adopt the Finnish model?

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33 Prison not effective The idea that incarceration naturally decreases crime is difficult to support with criminological data (Jeffrey Reiman) As crime rates increase, politicians use tough-on-crime strategies to entice voters Such policies have problems being funded Incarceration turns offenders from taxpayers into tax drains

34 Recidivism Recidivism is the tendency for former inmates to return to prison More than 50% of all inmates return to prison within 3 years of their release During current period of get tough policies, recidivism rates have gotten worse

35 Costs of Incarceration Reported numbers often underestimate the cost of incarceration Hidden costs associated with incarceration make determining actual numbers difficult Social costs are almost never factored into prison budgets because other government departments pay for them Taxpayers foot the bill either way

36 Costs of Incarceration The federal government reported paying almost $26,000 per inmate in federal facilities in 2008 Community corrections center costs were estimated at nearly $24,000 per inmate Neither figure includes social costs It actually costs $30,000/year (when social costs are included) to incarcerate a single inmate (James Austin and John Irwin)

38 Conflict Theorist Philosophies of Criminal Sentencing Conflict theorists focus on issues of inequality and power relationships Laws are not written with the interest of society in mind, but with the interest of the wealthy Inequality of punishment falls firmly on the indigent Income and incarceration are linked Poverty affords public defenders and plea bargains Wealth affords good lawyers and bail money (see next slide)

39 Conflict Theorist Philosophies of Criminal Sentencing System of bail People not yet convicted of crimes are arrested and held in jail unless they can make bail The process involves putting up money for release If the person does not show up for trial, the bail is forfeited Not everyone can afford the amount of money being asked Thousands of people remain in jail while awaiting trial, receiving punishment before being convicted

40 Functionalist Philosophies of Criminal Sentencing Functionalists see the world as interconnected Propose incapacitation Use of imprisonment or other means to reduce the likelihood the offender will be capable of committing future offenses By sending a person to prison, society ensures that the only possible people they can hurt are other inmates Suggests that incapacitation will naturally decrease crime rates because inmates will be off the streets Sentences relying on this theory are usually harsh and lengthy

41 Symbolic Interactionist Philosophies of Criminal Sentencing Interactionists suggest that the power of a symbol is linked to its meaning Prison is not for punishment, but for correcting antisocial behavior Rehabilitation Attempt to reform offender The ultimate goal of any correction method should be to turn offender into a productive, contributing member of society

42 Symbolic Interactionist Philosophies of Criminal Sentencing Restorative justice A model of punishment that strives to restore the bond between perpetrator and society Perpetrators might pay restitution to their victims Work in community as way to reconnect with the public

44 The Death Penalty Death penalty (capital punishment) for offenders who commit most serious crimes Murder or treason Many states now include rape or sexual assault of a minor (under 14 years of age) The United States is only modern, industrialized democracy on Earth still using this form of punishment (see next slide)

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46 The Death Penalty Thirty-eight states have death penalty sentences (see Prop. 34) Three states abolished the practice Supporters argue it is the ultimate deterrent States with the death penalty actually have higher rates of murder than states without it Recent DNA testing has revealed unjust conviction of several deceased prisoners The cost of prosecuting and executing offenders is higher than lifetime incarceration costs

47 The Death Penalty Opponents also criticize biased applications (Levine and Montgomery) When the victim was white, black offenders were twice as likely to receive the death sentence as white offenders Blacks convicted of killing whites are four times more likely to receive the death sentence than blacks whose victims were of the same race