A search warrant is: Authorized by a judge on the basis of “probable cause” specifies the place to be searched, a period of time in which the search will take place, and often the specific item sought.
Police don’t need warrant when: permission given following an arrest, in the area in the immediate control of the arrested suspect object is within plain view of police from a place they have a right to be necessary to prevent harm to people or property
“stop and frisk” Police may “stop” (reasonable person feels not free to go) a citizen on grounds of “reasonable suspicion” Police may then “pat down” citizen
Rights of the Accused Mapp v Ohio (‘61)--4th amend search n’seize -extending “exclusionary rule” to the states, and “fruits of the poisoned tree” -since then, “good faith rule”, “inevitable discovery” Miranda v Arizona (‘64)--5th amend self- incrimination -must be advised of rights once “in custody, prior to interrogation” -since then, two-tier interviews, etc.
Gideon v Wainwright (‘63)--6th amend right to counsel Transcript: The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case. -state must provide attorney for the indigent facing incarceration -but not necessarily high quality defenses -in CA over 90% of felonies are plead out
Hardening line in 80’s and 90’s Fed and State mandatory minimum sentences increased incarceration for drug offenses especially by minorities, women, minor offenders CA
Three strikes laws 1994 CA prop 184 passed overwhelmingly, half the states followed in CA: after two “serious” felonies, sentence doubles, third felony leads to 25-life about 60% of CA’s strikers for “non- serious” 3rd offense USSC said not cruel and unusual--state has right to punish a pattern of crime 2004 CA ballot initiative to require 3rd strike to be violent or serious lost
A vast social experiment: the carceral state US prison population grows 600% in past 30 years, world’s largest California, much the same incarceration rate about average of other states but much higher recidivism rate
States pull back due to expense, under Bush, Feds dig in many states, including CA have retreated from mandatory minimums, but U.S. Attorney General is still calling for max penalties
California’s experiment with drug courts and Prop s CA began diverting some non-violent drug offenders to courts offering treatment 2000 Prop 36 created expanded additional program 30,000 diverted per year, saving CA money, studies have shown more successful than prison at combating recidivism
Getting smart on crime?
juvenile justice Most states create separate system for juveniles in early 20th century juveniles typically face “hearings” not trials, until 1960’s, received few adult protections 1990’s: growth in violent juvenile crime, and movement to try juveniles as adults--in CA, prop 21 passed in 2000
VIII Amendment--Capital Punishment Furman v Georgia (1972) -cruel and unusual punishment due to inconsistent application Gregg v Georgia (1976) -capital punishment can be constitutional Protected categories reflecting “national consensus of evolving standards”: -mentally retarded (2002) -minors under age 18 at time of crime (2003)
VIII Amendment--Capital Punishment--cont’d Race as a factor: McClesky v Kemp (1987) has to be a specific case of racial discrimination -as opposed to logic of Furman
DP in CA Reinstated after the Gregg case Since then 13 executions Biggest death row in U.S. But rate of new death sentences slowing dramatically
Method of execution most states with dp now offer lethal injection as sole or primary method Recently: U.S. District Ct: must be applied humanely