Alabama s Criminal Justice System

Transcription

1 Alabama s Criminal Justice System

2 Carolina Academic Press State-Specific Criminal Justice Series Criminal Justice Basics and Concerns William G. Doerner, ed. Alabama s Criminal Justice System Vicki Lindsay and Jeffrey P. Rush, eds. Arkansas s Criminal Justice System Edward Powers and Janet K. Wilson California s Criminal Justice System Second Edition Christine L. Gardiner and Pamela Fiber-Ostrow, eds. Florida s Criminal Justice System Second Edition William G. Doerner Georgia s Criminal Justice System Deborah Mitchell Robinson Illinois s Criminal Justice System Jill Joline Myers and Todd Lough, eds. Minnesota s Criminal Justice System Jeff Bumgarner, Susan Hilal, and James Densley Missouri s Criminal Justice System Frances P. Reddington, ed.

3 North Carolina s Criminal Justice System Second Edition Paul E. Knepper and Mark Jones Ohio s Criminal Justice System Joshua B. Hill, Nancy E. Marion, Kevin M. Cashen, R. James Orr, III, and Kendra J. Kec Pennsylvania s Criminal Justice System Mary P. Brewster and Harry R. Dammer, eds. West Virginia s Criminal Justice System Kimberly A. DeTardo-Bora, Dhruba J. Bora, and Samuel L. Dameron

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5 Alabama s Criminal Justice System Vicki Lindsay, Ph.D. Jeffrey P. Rush, D.P.A. Carolina Academic Press Durham, North Carolina

6 Copyright 2016 Carolina Academic Press, LLC All Rights Reserved Library of Congress Cataloging-in-Publication Data Alabama's criminal justice system / edited by Vicki Lindsay and Jeffrey P. Rush. pages cm. -- (State-specific criminal justice series) Includes bibliographical references and index. ISBN (alk. paper) 1. Criminal justice, Administration of--alabama. 2. Corrections--Alabama. 3. Police--Alabama. 4. Law enforcement--alabama. I. Lindsay, Vicki, editor. II. Rush, Jeffrey P. (Jeffrey Paul), editor. HV9955.A2A dc Carolina Academic Press, LLC 700 Kent Street Durham, NC Telephone (919) Fax (919) Printed in the United States of America

7 For my wonderful son, Jacob. Thank you for letting Mommy finish her dumb book. No, you don t have to read it yet, you are only seven. Vicki This work is dedicated to my beautiful wife, The Warrior Goddess. Without her I am nothing. And to God, whose guidance in my life has brought me to where I am. Jeff

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9 Contents Acknowledgments Series Note xvii xix Chapter 1 The History of the Criminal Justice System in Alabama Vicki Lindsay, Ph.D. 3 Introduction 3 Contemporary Reasons for Punishment 5 History of Alabama Criminal Justice System 6 The History of Alabama Law Enforcement 8 The History of Corrections 13 The History of Alabama Courts 16 Crime and Justice 17 Summary 18 Key Words 19 For Further Reading 21 Chapter 2 Crime in Alabama Brean Nichols 23 The Alabama Uniform Crime Reports Program 23 The Crime Rate 26 Crime Trends 28 Conclusion 35 Key Words 35 For Further Reading 35 Chapter 3 Alabama Criminal Law Matt Folmar, J.D. 37 Code of Alabama 37 The Criminal Code Title 13A 37 ix

10 x CONTENTS Felonies 38 Habitual Felony Offender Act 40 Modifications to the Habitual Offender Law 41 Punishments for Hate Crimes 42 Enhanced Punishments for Selling Drugs 42 Suspension of Driver s License 43 Fines for Felonies 43 Misdemeanors and Violations 44 Fines For Misdemeanors And Violations 46 Elements of Crimes 46 Culpable Mental States 47 Strict Liability Offenses 48 Inchoate Crimes 49 Criminal Solicitation 50 Attempt 50 Criminal Conspiracy 51 Legal Defenses 52 Adult 53 Criminal Homicide 55 Homicide 56 Murder 56 Felony Murder 57 Capital Murder 57 Manslaughter 59 Criminally Negligent Homicide 60 Title 15 Statute of Limitations 60 Key Words 61 For Further Reading 63 Chapter 4 Alabama Criminal Law: Pleas Matt Folmar, J.D. 65 Arraignment 65 No Right of Appeal 65 Key Words 77 For Further Reading 77 Chapter 5 The Court Structure in Alabama Vicki Lindsay, Ph.D. 79 Alabama s Unified Court System 79

11 CONTENTS xi Alabama s Court History in Review 82 Federal Court in Alabama 84 State Courts in Alabama 86 Requirements of All Alabama Judiciary 91 Municipal Court 92 Alabama s Defendants Rights 96 Right to an Attorney 96 Defendant s Right to a Speedy Trial 102 Defendant s Right to Face Accuser 102 Defendant s Right to a Bond 104 Alabama s Difference between Incompetent and Insane 109 The Defendant Is Deemed Incompetent to Stand Trial 109 Insanity Is a Defense Which Must Be Proven 110 Key Words 112 For Further Reading 115 Chapter 6 Arrest through Pre- Trial Proceedings in Alabama Vicki Lindsay, Ph.D. 117 Arrest 117 Arrest by Law Enforcement without a Warrant 117 Private Individuals Have the Right to Arrest 118 Arrest without a Warrant May Forgo Initial Appearance 118 Arrest with a Warrant 120 Pre- Trial 123 Procedure of Initial Appearance 123 Procedures of a Preliminary Hearing 125 Steps Associated with Preliminary Hearings 127 Jury Pool 128 Venire 129 Grand Jury 129 Grand Jury Duties 130 Information 133 Arraignment 134 Arraignment Process 135 Plea Agreements 135 Pretrial Discovery 139 Key Words 140 For Further Reading 142

12 xii CONTENTS Chapter 7 Trial Vicki Lindsay, Ph.D. 145 The Trial 145 Voir Dire 146 To Sequester or Not to Sequester 156 Trial 157 Opening Statements 158 Presentment of Evidence 158 Closing Statements 159 Charging the Jury 160 Deliberation 160 Verdict 160 The Verdict 161 Not Guilty by Mental Defect Verdict 162 Sentencing 164 Life or Death for a Capital Offense 165 Voluntary Sentencing Standards 166 Key Words 167 For Further Reading 169 Chapter 8 Policing in Alabama Brady B. McLaughlin, M.S./ H.S.E.M., and Jeffrey P. Rush, D.P.A. 173 History of Law Enforcement 173 An Overview of the History 173 The Rise of Current Law Enforcement 177 Current Training Mandates 178 Consolidation of State Law Enforcement 180 Conclusion 180 Key Words 181 For Further Reading 182 Chapter 9 Alabama Juvenile Justice Barbara Cascasan, M.S., and Jeremy Varney, J.P.O. 185 History of Juvenile Court 186 History of Alabama s Juvenile Court System 187 Department of Youth Services (DYS) 188 Juvenile Justice Act of Juvenile Services Program of

13 CONTENTS xiii Juvenile Justice Act of Jurisdiction of the Court 189 Types of Youth Terms in the Juvenile Court 189 Delinquent Offender 189 Child in Need of Supervision (CHINS) 190 Truant 190 Ungovernable 190 Runaway 191 Serious Juvenile Offender (SJO) 191 Multiple Needs Child 192 Key Figures in the Juvenile System 193 Juvenile Court Judge 193 Juvenile Probation Officer 193 Intake Officer 195 Juvenile District Attorney 197 Juvenile Defense Attorney (Child s Attorney) 197 Guardian Ad Litem 197 Referees 198 A Juvenile Court Proceeding in Alabama 198 Complaint 198 Intake 198 Petition 199 Detention Hearing 201 Adjudication Hearing 202 Disposition 202 After Care Hearing 207 Waiver Hearing 208 Key Words 208 For Further Reading 211 Chapter 10 The Importance and Scope of Miller v. Alabama Eddie L. Coleman III, M.S. 217 Roper v. Simmons 217 Miller v. Alabama 220 State Reaction to the Miller Ruling 222 State of Nebraska v. Mantich 223 Toca v. Louisiana 226 Key Words 227 For Further Reading 228

14 xiv CONTENTS Chapter 11 Pre- Trial Diversion as an Alternative to Incarceration Vicki Lindsay, Ph.D., and Barbara Cascasan, M.S. 231 Types of Pretrial Diversion 234 The Court Referral Officer Program 234 Court Referral Officer Program (CRO) for Juveniles 235 Drug Courts 236 Adult Drug Court 237 Juvenile Drug Court 240 Family Court Division of the Unified Judicial System 242 Juvenile Detention Alternative Initiative 242 Juvenile Probation Officers 243 Child Support Court 243 Key Words 243 For Further Reading 245 Chapter 12 Corrections in Alabama Vicki Lindsay, Ph.D. 247 History 247 Prisons in Alabama 254 Board of Corrections 255 Responsibilities of the Board to All Convicts 255 How Sentences Are Carried Out 256 Prison System 256 Convicts 256 Classification of Prisoners 256 Education within Prison 257 Convict Health 258 Warden 258 Correctional Officers and Guards 258 Correctional Officer Training 259 Female-Only Guard of Females 261 The Prisons of Alabama 263 Bullock Correctional Facility 263 Bibb Correctional Facility 263 Donaldson Correctional Facility 263 Draper Correctional Facility 264 Easterling Correctional Facility 264 Elmore Correctional Facility 264 Farquhar Cattle Ranch 264 Fountain / JO Davis Correctional Facility 265

15 CONTENTS xv Hamilton Aged and Infirmed 265 Holman Correctional Facility 265 Kilby Correctional Facility 265 Limestone Correctional Facility 266 Montgomery Women s Facility 267 Red Eagle Work Center 267 St. Claire Correctional Facility 267 Staton Correctional Facility 267 Tutwiler Prison for Women 268 Ventress Correctional Facility 268 Alabama- Run Prison Work Centers 268 Work Release Inmates 269 Alex City Community Work Center 269 Atmore Community Work Center 269 Birmingham Community Work Center 269 Camden Community Work Center 270 Childersburg Community Work Center 270 Decatur Community Work Center 270 Elba Community Work Center 270 Frank Lee Youth Center 270 Hamilton Community Work Center 271 Loxly Community Work Center 271 Mobile Community Work Center 271 Good Time Earned 271 Work Incentives 271 Tiered Rule Following Reduction 271 Other Bonuses for Inmates 272 Release from State Prison 272 County Jails 272 Multi- Area Jails 273 Misdemeanants May Have to Pay for Housing, Medical and Other Costs of Jail Stay 273 Jails Must Abide by State Code 273 Key Words 274 For Further Reading 276 Chapter 13 Victims Rights Jeneve Brooks, Ph.D. 281 Introduction 281 History of Alabama s Crime Victims Rights Movement 282

16 xvi CONTENTS Current Services to Ensure Crime Victims Rights 286 The Prevalence of Crime Victimization in Alabama 292 The Social/Historical Context of Victimization in Alabama 293 Summary 300 Key Words 301 For Further Reading 303 Editor Bios 307 Contributing Author Bios 309 Index 311 Cases 327

17 Acknowledgments Vicki Lindsay: This book could not be completed without the following people: Scott Hoyem, J.D., and Maggie at the Alabama Administrative Office of Courts for the research help and guidance on use and abuse, as well as expediting the paperwork through the system. Beth, our editor, who allowed me more time. She had the patience and knowledge that one day this book would be completed. Ms. Margaret, my secret editor down the street, thanks for tearing my chapters to shreds. If only I had known you could do that earlier in the process Elizabeth, for giving me the opportunity when I first got to Alabama and before you left me. Barbara, for keeping me sane and on task. She won the tally while at the same time becoming a great friend and colleague. She also became a writer and the Guru of APA during the process of this book. I will never look to another if I have an APA question. My students, who put up with my scatterbrain while in class. One day you ll realize I do this for you. Ginger, for being my legal eagle and protecting my 6. My son, Jacob, and all the people who watched him and kept him occupied, while Mommy was doing her homework. And my personal and special thanks to James, who just doesn t realize all that he has done and continues to do for me. Jeffrey P. Rush: I d like to thank Dr. Vicki Lindsay for her incredibly hard work in putting all this together and in allowing me the opportunity to be of some small assistance. Without her, this work would not have been possible. To Beth Hall, for her guidance and patience throughout the process. xvii

18 xviii ACKNOWLEDGMENTS And to Ms. Bre Nichols, who has been a good friend and colleague and has helped me in immeasurable ways. Finally, to The Warrior Goddess, who keeps me sane and on track each and every day.

19 Series Note Carolina Academic Press state-specific criminal justice series fills a gap in the field of criminal justice education. One drawback with many current introduction to criminal justice texts is that they pertain to the essentially non-existent American criminal justice system and ignore the local landscape. Each state has its unique legislature, executive branch, law enforcement system, court and appellate review system, state supreme court, correctional system, and juvenile justice apparatus. Since many criminal justice students embark upon careers in their home states, they are better served by being exposed to their own states criminal justice systems. Texts in this series are designed to be used as primary texts or as supplements to more general introductory criminal justice texts. xix

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