The use of Deadly Force Tennessee v. Garner (1985) “Fleeing Felon” Trend of police killings (and killings of police) have been downward Most department have guidelines for when police may discharge firearm Review boards for firearm discharge + administrative leave 1
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The use of Deadly Force Tennessee v. Garner (1985) “Fleeing Felon” Trend of police killings (and killings of police) have been downward Most department.
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The use of Deadly Force
Tennessee v. Garner (1985) “Fleeing Felon”
Trend of police killings (and killings of police) have been downward
Most department have guidelines for when police may discharge firearm
Review boards for firearm discharge + administrative leave
1
The Courts
What happens between arrest and corrections
The Structure of the Courts State Courts
Layers of Trial Courts (Superior and inferior) Appellate courts Supreme court
Federal Courts Trial courts Federal Appeals courts “District courts” The Supreme Court
U.S. Supreme Court 9 Justices, appointed by president,
in consultation with senate Appointment is for life
High stakes for politics Interpret laws in light of
constitution and past court rulings Choose what cases they wish to hear—
can originate in state or federal court
Who are the “players” in the judicial system?
Prosecutor Defense Attorneys Judges
The Prosecutor Represents the state in criminal
matters Federal = Attorney general and U.S.
attorneys State = District or State attorney
The 400 pound gorilla of the court system What does a 400 pound gorilla do?
Prosecutorial Discretion Whatever he
wants!
Decisions Whether or not to
charge & specific charge
Decision to drop case
May enter and end plea negotiations
The Defense Attorney Private Attorneys (Johnny Cochran) Sixth Amendment right to counsel
Attorney list system Contracting with law firm Public defenders system (large, urban)
Roughly ¾ of state inmates are represented by publicly funded attorneys
Theft Crimes ($2,500 or less) Check Forgery ($200-$2,500)
II
121
121
13
15
17
19
21 20-22
Sale of Simulated Controlled Substance
I
121
121
121
13
15
17
19
18-20
Sentencing and Discretion With guideline sentencing, who has
discretion? Who creates the grids?
Many states = legislature Constant pressure to increase sentences
MN: The Minnesota Sentencing Guidelines Commission
1980 guidelines tied to prison population
Prosecutors Decide the charge (where you land on offense
seriousness)
Sentencing Disparity When 2 people who commit similar
crimes, and have the same prior record receive different sentences
What stage do disparities enter? Jurisdictional Differences Plea bargaining (part of “going rate?”) Victim/Offender relationships Sentencing judge (biased, bad day…)
Racial Disparities RACE
Incarceration Rates Black = 3,300/100,000 Hispanic = 1,200/100,000 White = 500/100,000
BUT… Disparities enter prior to judicial involvement
(police) Disproportionate involvement in serious
crime
Racial Disparity in Sentencing II The “Liberation Hypothesis”
More disparity in less serious cases More disparity when black offender and
white victim Rape and Capital Murder
Race as part of “offense seriousness” and “prior record” Crack cocaine laws, aggressive policing of
minority communities
Other Disparities Class = Difficult to detect (most in
system are relatively poor) Difference between white collar and
street Differences in some “celebrated cases”
are obvious Full benefit of highly paid defense attorneys
Conscience and Convenience Why were the first prison built?
Revulsion of Gallows “Penitentiaries”
Then, “Correctional Facilities” Why do we still build prisons if we
no longer believe in rehabilitation? Incapacitation as the “default” goal of
prisons….or “convenience”
The Corrections Continuum Probation Intermediate Sanctions Jails Prisons
Probation Formally adopted in progressive era Suspend sentence, in return, offender
abides by “conditions of probation” Conditions set and enforced by judicial
system Offenders who “fail” may have probation
revoked, and original sentence imposed
Functions of Probation Departments
Pre-sentence Investigation (PSI) Interview offender, case history, tied to
rehabilitation Includes recommendation for sentence
Supervision of Offenders Counseling, meet with offenders Help with job, broker community
resources Supervise (house visits, drug testing)
Use of Probation 65% (almost 2/3) of the total corrections
population is on probation Roughly 4.2 million offenders are on
probation Average Caseload = 120
Goal has shifted Rehabilitation (1920-60s) to
supervision/zero tolerance (1980s-1990s) to “balanced” (?)
Parole Parole as release from prison
Discretionary release Parole board = appointed by governor
Related to rehabilitation and intermediate sentences
Parole as supervision Similar to probation supervision Early release a privilege, therefore must follow
conditions of release Many states abolished parole release in 1980s, but
now retain supervision “Post-custody supervision” or “Community Control”
How “effective” are probation and parole supervision?
Cost savings Probation and parole are much less expensive than
prison Recidivism
Large differences in “recidivism” across jurisdictions
For felons on probation, as high as 65% (California felons), as low as 17% get arrested within 3 years
Depends upon “risk” of clients Failure rates higher for parolees
40% return to prison within 3 years, arrest rates much higher
Intermediate Sanctions
Probation Prison Death ISP EM Boot Camp
WHY do these critters exist? Prison crowding in 1980s Probation viewed as failure Need for “continuum” of sanctions
What is the goal of these critters? Divert offenders from prison (save
money) Reduce recidivism (through
deterrence) Provide an option to judges that
fits between prison and probation
Intensive Probation or Parole Supervision (ISP) as Example Idea is to “soup up” traditional
supervision Reduce Caseloads (15 to 40
offenders) Daily contact with offender Routine drug testing Curfews, home and employment visits
Do ISP’s work? Do ISP’s divert from prison?
NO, judges are reluctant to send “prison-bound” offenders to ISP (Net Widening)
Do ISP’s reduce recidivism? NO, when compared to similar group of
offenders, they actually do worse (fishbowl effect)
Movement over past decade to use ISP as a way to punish probationers, to enforce treatment, or to incorporate effective treatment within the ISP framework
Residential Community Corrections Traditional “Half-way house”
Used to reintegrate prison inmates into society
Now Traditional functions Sanction for probation violators Day reporting centers Split sentences (probation + RCC time)
How do RCC’s Work? Typically, they are house-like
structures (not prison-like) Inmates (clients) are usually free to
leave during the day (job, classes), and return at night
Progression from little freedom to more freedom
RCC as primary way to provide correctional treatment
Institutional Corrections
Go to jail, go directly to jail, do not pass go, do not collect
$200
JAILS County Level Institutions
Usually run by Sheriff and deputies House inmates (less than 1 year) and
pre-trial detainees Conditions notoriously poor
Little programming, no medical facilities Violence, shifting population, suicide
rates high
Prisons Hold individuals sentence to at
least 1 year Operated by the executive branch
Federal Bureau of Prisons (BOP)
98 Facilities From 140,00 at yearend 2000 to
215,000 inmates at yearend 2011 Most inmates (60%) are serving
time for drug offense Clear product of “War on Drugs”
Prisons ranked on a 1 to 6 scale (1 = FCI in Colorado)
State Prisons Over 500 prisons, and 1.5 million
offenders Governor typically appoints warden Organization
Maximum (razor wire, guard towers…) Medium (similar to max, but less
Since the late 1970s, the total number of inmates in custody has increased dramatically
Why the dramatic increase?
Change in public opinion, and political emphasis Three strikes laws, “truth in sentencing” Longer sentences in “guidelines” Drug Policy Increase in felony convictions
Factors that do not clearly influence incarceration Crime rates, Economy
For the first time in decades… The corrections population is declining