Chapter 15: Justice and Punishment in the Twenty-First Century

Technocorrections is the use of technology to monitor offenders and to prevent future crimes. Genetic risk assessment is the technique that builds upon the discoveries in the area of DNA and genetic mapping, where genetic predispositions toward certain behaviors can be anticipated and prevented. For example, Studies of twins have shown behaviors that may be attributable to a genetic effect.

Chapter 14: Probation and Community Corrections

Community Corrections is sanctions that are alternatives to incarceration in jail or prison (such as monetary penalties, probation, intensive supervision, and home confinement with electronic monitoring), or supervision in the community after a sentence of incarceration has been served (such as parole, work release, furloughs, and halfway houses). Sanctions are ways to punish or place restrictions on offenders. There are two different types of Sanctions or ways to punish or place restrictions on offenders. which are the Sanctions that are alternatives to incarceration in jail or prison, such as monetary penalties, probation, intensive supervision, and home confinement with electronic monitoring and Supervision which is in the community after a sentence f incarceration has been served. Here the goal is to promote a smooth transition from confinement to freedom. Parole, work release, furloughs, and halfway houses fall into this category. During the 1800 fines and whippings were the two most common penalties. Probation is a criminal sentence of community supervision of the offender that is conducted by a probation officer. Like Classification of offenders, Condition of Probation, and Supervision of Offenders. Intermediate Sanctions are sentencers designed to provide more rigorous supervision than normal probation, yet something less expensive than incarceration. Intensive supervision is a probation or parole for which jurisdictions maintain small caseloads, make frequent contact with offenders under supervision, and require special conditions such as random drug tests, curfews, restitution to victims, electronic monitoring, or house arrest. Confinement and Monitoring are like house arrest which is the condition of probation or parole in which offenders are not permitted to leave their residences for purposes other than work, school, treatment, or other approved reasons, electronic monitoring which is the surveillance of offenders in the community by means of electronic devices such as radio and telephone transmitters, and net widening is the process by which more offenders end up being placed under supervision of the criminal justice system even though the intent of a program was to divert offenders out of the system. The way Ex-Offenders Return to the Community after Prison is by parole which is like the good-time credits which is the small reductions in the time to be served, awarded to inmates for each day on which they obey prison rules. As well as maxing out which release from incarceration after the offender has served the entire sentence without every being granted parole or accumulating enough good-time credits to justify early release. Further more, Parole Release which is the prisoner release decided by a parole board consisting of corrections officials and political appointees who evaluate the inmate's record and his or her behavior in prison to determine whether the inmate will be released to serve the remainder of the sentence under community supervision, work release are programs that permits eligible inmates to work during the day at regular jobs in the outside world, returning to the jail or prison at night, study release is a program similar to work release, in which an inmate attends school by day and returns to jail or prison at night. Pardon is a reprieve from a governor or from the president that excuses a convicted offender and allows release from prison without any supervision and commutation is a modification or reduction of a sentence imposed on an offender.

Chapter 13: Origins and Organization of Jails and Prisons

The Virginia State Penitentiary was built in the shape of a horseshoe three stories high and housed men, women, and children. During the 1800's it was opened. The cells had no heat, no light, and no plumbing. Which was Solid oak doors made it possible to see what was going on inside the cells. Sewage runoff ended in a ditch next to the James River, where a fierce odor lingered except when rain gave temporary relief. That is what you call Prisons and Jails. Pennsylvania system is a philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders from being corrupted by mixing with other offenders. The Auburn System is a philosophy of imprisonment that emphasized labor and meditation. Offenders worked everyday, but they did so in complete silence. Reformatory movement was during the late nineteenth century trend to ward use of incarceration to reform through education. Levels of Custody contain Maximum Security which prisons that house dangerous felons and that usually have a wall surrounding the entire facility. Medium Security are prisons that have some facilities outside the main enclosure and are surrounded by two rows of chain link fence, topped with barbed wire. Penitentiaries is Maximum security federal correctional institutions. Finally is metropolitan correctional centers (detention centers) which Federal jail facilities for pretrial detention and for those serving short sentences. Jails are facilities that are operated by counties and municipalities to hold two main categories of inmates: those awaiting trial and those serving sentences of one year or less. Correctional Institutions Operate by Punishment, Custody and Deterrence, and Rehabilitation and Reform. Models of Prison Administration are control model which prison management approach characterized by strict enforcement of prison rules and few privileges for prisoners, Responsibility model is prison management approach that gives inmates more autonomy; staff guides prisoners' decision making rather than making all decisions for them, and Consensual model are prison management approach that maintains order by agreement between inmates and staff on the validity of rules.

Chapter 12: Trials and Sentencing

In New York, Dr. Robert Bierenbaum, a plastic surgeon was placed on trial accused of killing his wife around fifteen years earlier and disposing of her body without a trace. He pleased not guilty, and prosecutors tried the case with "no body, no forensics, no murder weapon, no bloody clothes, no fingerprints, no brain matter, no body parts." Whenever Prosecuting any criminal case requires corpus delicti which is proving a crime, it means that proof of an act and that the act resulted from the illegal actions of the defendant; also called proving a crime. Usually, what happens at a trial are delays which is the continuance that is a court authorized postponement of a case to allow the prosecution or defense more time to prepare its case. Another cause of delays is a process called discovery which is the process that entitles a suspect to review certain information gathered by the prosecutor. The right to trial jury is a group of citizens (usually twelve) who decide on the guilt or innocence of a defendant. Witness Testimony and Evidence is the body of the trial which consist of the presentation of the prosecutor's evidence and the statements of witnesses, which is followed by the presentation of the case for the defense. Defense Strategies are the general defenses which is the Justifications or excuses for criminal conduct that are applicable to all criminal offenses. Furthermore, justification defenses is the defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self defense. Finally, excuse defenses are defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples. Jury nulification is an acquittal of a defendant despite facts that show guilt. The way Judges decide on a sentence is much of criticism that is either too lenient or too severe. Just like retribution which is the punishment applied simply in proportion to the seriousness of the offense. Incapacitation is the prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct. Selective incapacitation is the Identification of potential high rate offenders for incarceration for longer periods as means of reducing crime. Deterence is the prevention of crime through the example of offenders being punished. And Rehabilitation is the view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat these shortcomings in order to prevent future crimes. There are two sentencing options that differ which is, indeterminate sentencing which is a system of sentencing that empowers the judge to set a maximum sentence and sometimes a minimum sentence, for the offender to serve in prison. and Determine sentencing which is a sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board. As well as truth in sentencing which is  a sentencing provision that requires offenders to serve the bulk of their sentence before they can be released. Mandatory sentencing is a fixed sentences for offenders convicted of certain types of crimes such as gun related crimes, drug offenses, and drunk driving offenses. Guideline sentences is sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain crimes or offenders. The way Eight Amendment Restricts sentencing is by the prohibition of cruel and unusual punishment which is a portion of the Eighth Amendment prohibiting criminal penalties that violate "evolving standards of decency that mark the progress of a maturing society."

Chapter 11: Trial Defense and Prosecution

The rights of Accused falls under the Sixth Amendment which deals with the rights of people accused of crimes. The Sixth Amendment states that "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assitance of Counsel for his defense." The Right to Counsel is a Sixth amendment protection that representation by an attorney when their liberty is in jeopardy. Right to effective Counsel which the competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case. Diversion programs are alternatives to the forma criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case. As well as, Pretrial intervention is a type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed. Plea Bargaining is an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty. Speedy Trial Act is the Legislation requiring that all criminal cases be brought to trial within one hundred days. Unlike caseloads, they are the large numbers of cases to be adjudicated in the courts. Case Mortality is a case attention, in which arrests do not result in convictions for various reasons. Crime control model is the perspective that views the repression of criminal conduct as the most important function to be performed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing and Due Process Model is the Perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness, and reliability in criminal procedure.

Chapter 10: Origins and Organization of Courts

Timothy McVeigh was convicted for bombing the Oklahoma City federal office building, a crime that killed 168 people. This case was a domestic terrorism, the worst in U.S. history at that time, provoked nationwide anger as well as fear that it was part of a larger criminal conspiracy. A major difference between trials today and trials today and trials in the earlier centuries is the absence of lawyers in most trials in times past, furthermore, in felony trials. Eye witness is a person that calls to testify because of his or her special expertise in an area at issue in a legal proceeding. State Court Systems are like Limited and General Jurisdictions which are the courts of limited jurisdiction, such as municipal courts, usually their legal authority is restricted to certain specific cases. As well as Apellate Courts although which is that highest level of state court systems, they usually have a panel of three to ten judges or justices who hear arguments in cases that are referred to them from lower courts. The Federal Court Systems are like the U.S. district Courts which the Federal trial courts of general jurisdiction and the U.S. courts of appeals which is an Intermediate federal appellate courts. Also, The U.S. Supreme Court which is the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution. Four types of cases in which the U.S. Supreme Court must render an opinion is 1. When an act of Congress has been found unconstitutional in a lower federal court. 2. When a state supreme court has found a federal law unconstitutional. 3. When a U.S. court of appeals has found a state law unconstitutional. and 4. When a constitutional challenge of state law has been upheld by a state supreme court. Prosecutors are elected or appointed officials who represent the community in bringing charges against an accused person. District Attorneys is the name for city and county prosecutors in many jurisdictions. Defense Attorneys represent the legal rights of accused persons in criminal proceedings. Assigned counsel is a private attorney appointed by the court on a case by case basis from a list of available attorneys. Public Defenders are Salaried attorneys paid by the government to represent indigents charged with crimes. Judge is a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case. Victims' Bill of Rights are Legal Changes that formally recognize the role and rights of victims in the justice process.

Chapter 9: Issues in Law Enforcement and Police Behavior

In Colorado, more than 100 police officers lost the right to wear a badge because they have committed such misdemeanors and felony involving crimes. There have been myths and stereotypes about police like racial profiling which is an alleged practice whereby police stop and search minorities for minor violations significantly more often than whites. Everyone agrees that the police should always prevent crimes but feel that they neglect their jobs as police men/women. Police stress is an Emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals, and injury to fellow officers. Police officers are viewed as cynical because motivated by self interest. Just like cynicism is a belief that human conduct is motivated entirely by self interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior. Cynicism is a by product of anomie in social structure which is a normlessness or lack of attachment felt by some people toward their society. Just like what Niederhoffer explained. "As the cynic becomes increasingly pessimistic and misanthropic, he finds it easier to reduce his commitment to the social system and its values. If the patrolman remains a "loner," his isolation may lead to psychological anomie and even to suicide." That's why he pointed out that that suicide rates are 50 percent higher among police officers than in the general population. Police discretion is the ability to choose between arrest and non-arrest solely on the basis of the officer's judgement. Selective enforcement is an unwritten policy in which police are not required to fully enforce all laws as written. Police pursuits is police chases of suspects immediately after a crime has been committed. Clearance rate is the proportion of open crime cases that are solved through the arrest of a suspect by police. There are also some forms of police corruption like police corruption which Illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to receive) any gain for themselves or others. Nonfeasance is a form of police corruption involving failure to perform a legal duty and misfeasance is a form of police corruption involving failure to perform a legal duty in a proper manner. Finally is malfeasance which is the form of police corruption involving commission of an illegal act. Police Brutality is the use of excessive physical force by police in carrying out their duties.

Chapter 8: Origins and Organization of Law Enforcement

The way Policing evolve was by the mutual pledge system which is a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors. Crown is like a system of mutual responsibility and shared penalties are designed to ensure all members of the community made conscientious effort to control crime. Which by then shire reeve is a modern term called sheriff that they are known to control crime, which they are a Crown. The Justice of peace has assisted the sheriff to enforce the law. The new police Bobbies are like the preventive police which are the first organized police department in London, that established in the 1829. Eight decades ago, since the beginning of a movement of police is going into professionalism, crime commissions included the Chicago Crime Commission, the National Crime Commission, and the Wickersham Commission, that they focus on the improvement on operation of the criminal justice system as the best way to reduce crime. As well as Professionalization they are changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deterrence and apprehension of criminals.  That’s why we have Law enforcements, local police, and homeland security to protect the community. State police are enforcement agencies primarily engaged in highway patrol activities. About half of state police agencies also have the authority to conduct investigative work. Federal Law Enforcement Agencies can enforce only laws acted by the Congress. Also, transnational law enforcement which are international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational, nature of the Internet, and the threat of international organized crime and terrorism.

Chapter 7: Criminal Procedure & the Police

Usually when police has a suspicion in a person, they tend to put them in a frisk which is patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made. If the person runs away the police will start a search which is an exploratory inspection of a person or property based on probably cause of law violation. Good faith exception is a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge. When police make an arrest and search have been carried out, they have the authority to interrogate the arrested person but it is applied to the fifth Amendment to the Constitution that includes protection against self incrimination. Miranda warning is required when an individual is taken into custody and is subjected to questioning because this is when the protection against self incrimination is jeopardized. Public safety exception, police may omit the Miranda warning prior to questioning a suspect when public safety is jeopardized.

Chapter 6: The Criminal Justice System

During the late 1990's and early 2000's, New York and other major cities experienced a remarkable drop in the crime rate. Agencies of Criminal Justice are law Enforcements which exist at all levels of government; federal, state, and local, Courts that are determined through interpretation of the law in relation to the circumstances of individual cases, & corrections exist at all three levels of government; local, state, and federal. Procedural Law is very important part of the criminal justice process because it specifies how people accused of crimes will be treated. As for the Bill of Rights, the first ten Amendments to the Constitution details many of the requirements for adjudication, such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure. Fourth Amendment is the constitution that prohibits searchers without probable cause which probable cause is a reasonable link between a specific person and a particular crime. Warrant is a sworn statement by police that attests to the existence of probable cause in a given case. Arrest involves taking a suspected law violator into custody for the purpose of prosecution. Booking is a procedure in which an official record of the arrest is made which can lead to summon which is a written notice to appear in court. Plea is a statement of innocence or guilt.