Criminal Justice Public Safety and Individual Rights

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1 Criminal Justice Public Safety and Individual Rights Crime Statistics Measuring crime How are the two national crime measures performed differently? Uniform Crime Reports Violent crimes Property crimes Some crimes are greatly underreported National Crime Victim Survey Created from interviews with about 90,000 households Respondents indicate which crimes, if any, they were the victims of on the previous year Crime rate The odds What percentage of Americans fall victim to violent crimes in a year (Check the section entitled HIGHLIGHTS on the first page)? What about property crimes? Which are more common? The two rightmost-columns in Table 4 (on page 5) will give you a snapshot of the last two years: The rate in Texas Trends The national crime rate Speculation on why Increased prison capacity Reduction in the demand for harder drugs Good economic times Better police work An aging population Public perception of crime The worrying public

2 Victims and criminals Certain groups are more likely to be victims than others What factors predict who is likely to be a victim of a violent crime? The two rightmost-columns in Table 5 (on page 6) will give you a snapshot of the last two years: Urban areas Low-income vs. high-income areas Gender Minority groups Region Certain groups are more likely to be criminals than others The predominate profile Criminals and their victims resemble each other Most crimes occur within social groups Many occur within familial groups Race The Texas Crime Victims Compensation Fund Criminal Prosecution Process Arrest When police may make an arrest What condition must a law enforcement officer satisfy to make an arrest? The link below provides a succinct explanation: Not all reported crimes result in an arrest The clearance rate What is a clearance rate? How do clearance rates differ for violent and property crimes? What might explain this difference?

3 Pretrial actions After an arrest, police bring in the suspect for booking An assistant district attorney decides whether or not to charge the suspect Charged suspects are brought before a judge for an arraignment The suspect enters a plea Not guilty Guilty Nolo contendere The judge sets bail A grand jury indictment is necessary for all felony cases, unless the defendant waives the right Many states allow a judge to hold a preliminary hearing to allow prosecution Legal representation Not all cases go to trial Trials Alternatives to adversary proceedings Plea bargaining All defendants have the right to trial by jury Adversary proceedings Trial results Sentencing Except for Class C misdemeanors, sentencing is a distinct second step in the process Sentences vary with the severity of a crime Probation Deferred adjudication Equal treatment

4 Capital Punishment History Follow the links for each case to learn the U.S. Supreme Courts ruling in each. Furman v. Georgia (1972) ( Gregg v. Georgia (1976) (( What did the U.S. Supreme Court rule in Gregg v. Georgia regarding what a state must do to use the death penalty constitutionally? Kennedy v. Louisiana (2008) ( Ring v. Arizona (2002) ( Capital murder What are some commonalities among the definitions of capital crimes in Texas? The linked section with the header Texas Capital Offenses lists them: Protection of public safety institutions Knowingly murdering a peace officer or firefighter acting in the lawful discharge of duty Murder of a prison employee while incarcerated Gang-related murder while incarcerated Murder in the act of escaping a penal institution Aggravating factors Committing murder for pay or the promise of pay, or employing one to commit murder Intentionally committing murder in the course of committing certain felonies This one is very common. What are the certain felonies that contribute to the classification of capital murder? If you click on Offender Information in the link below and survey the crimes committed, you can see just how common this is among capital defendants: Murder to obstruct justice or murder of a criminal witness Special circumstances Serial or mass murder Murder of a child

5 The three crucial questions Was the defendant s conduct that caused the death of the victim committed deliberately and with the reasonable expectation that the victim s death would ensue? (Yes) Is it probable that the defendant would commit additional criminal acts of violence that would constitute a continuing threat to society? (Yes) Is there anything in the circumstances of the offense and the defendant s character and background that would warrant a sentence of life imprisonment rather than a death sentence? (No) Method Application About 300 executions have been administered since 1982 (there had been none since 1964) Legal challenges persist, asserting that the death penalty is applied in a discriminatory fashion McCleskey v. Kemp (1987) ( What did the U.S. Supreme Court rule in McCleskey v. Kemp regarding what a defendant must show to establish racial bias in death penalty sentencing? The U.S.S.C. rejected a claim of systematic bias in sentencing Restricted appeals Criminal Appeals Appeal of the decision to a higher court The appellant must show that a reversible error occurred in the trial Many defendants of overturned cases are in turn retried Appeals to the federal courts Federal courts are reticent to hear state cases Usual challenges Double jeopardy The prosecution may not appeal an acquittal Death penalty appeals What is the appeals process of death penalty cases in Texas? Where does the convicted defendant appeal first? Is the appeals process simple and intuitive or long and complex? The Texas Court of Criminal Appeals Defendants often appeal to the U.S. Supreme Court, but remedy is quite rare The Board of Pardons and Paroles Efficiency vs. due process

6 Juvenile Justice Justice for minor defendants Crime rates for juveniles Cases are heard under family law Judges have considerable discretion Some juveniles can be tried as adults Corrections Complete the Texas Criminal Justice Animation Quiz in Canvas now. County jails Counties fund and run local jails, staffed by the sheriff State jails What qualifies someone the serve time in a Texas State Jail? Below is a link that defines and differentiates among Texas crimes. Holds those convicted of fourth-degree felonies, non-violent offenses Sentences State prisons More than 90% are held in maximum security facilities Ruiz v. Estelle (1972) What did the federal District Court rule in Ruiz v. Estelle? How did Texas comply? Overcrowded conditions and inadequate facilities in Texas Capacity Sentencing and overcrowding The late 1980 s construction project Prison release Parole The generous past Flat time Recent trends Recidivism

7 Race and the War on Drugs Equal justice for all? Racial minorities and the prison population Minorities and parole Minorities and drug charge convictions Policy Options More prisons; longer sentences Alternative sentencing Attacking root causes