The Criminal Justice System Chapter 12

Learning Objectives 12.1 Describe the different classifications of criminal offenses. 12.2 Analyze issues of the death penalty in Texas. 12.3 Explain the role of Texas’s jail and prison system in handling corrections and rehabilitations. 12.4 Compare the juvenile justice system to the adult correctional system. 12.5 Evaluate the fairness of Texas’s justice system. Copyright © 2016 Cengage Learning. All rights reserved.

Elements of the Criminal Justice System Criminal Justice Law Texas Criminal Justice System: system of law enforcement – apprehension, defense, prosecution, sentencing, and punishment Texas Penal Code: provides laws, penalties, and correctional measures Graded penalties: Felonies:1st, 2nd, 3rd,4th(State Jail); Three classes of misdemeanors: A, B, & C Enhanced punishment: additional penalties – organized/hate crimes, & repeat offenders Capital felony: punishable by death or life imprisonment criminal justice system: The system of law enforcement that is involved in apprehension, defense, prosecution, sentencing, and punishment of those suspected or convicted of committing a crime. Texas Penal Code: Set of codes that provide the laws, penalties, and correctional measures for crime in Texas graded penalties: Depending on the nature of the crime, felonies are graded as first degree, second degree, third degree, and state jail; misdemeanors are graded as A, B, and C. enhanced punishment: Additional penalties or prison time for those who engage in organized crime or hate crimes, and repeat offenders. capital felony: A crime punishable by death or life imprisonment. Copyright © 2016 Cengage Learning. All rights reserved.

Elements of the Criminal Justice System Criminal Justice Policy Drug crimes Most arrests: possession of controlled substance Response: incarceration Counties with 550,000 must establish drug court Hate crimes: Criminal acts against another person motivated by bias or prejudice against a group of which the victim belongs James Byrd Jr. Hate Crimes Act (2001) District attorneys decide Learning Check 12.1 What types of crimes may receive “enhanced punishment” and what does that mean? True or False: Most low-level drug offenders have complicating issues such as homelessness and poverty. plea bargain A deal between the prosecutor and the defendant in a criminal case in which the defendant agrees to plead guilty to a specific charge and in return will get certain concessions from the prosecutor. Hate Crimes: criminal acts against another person motivated by bias or prejudice against a group of which the victim belongs Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

The Death Penalty: Many Forms Reinstitution of the Death Penalty Before 1923: executions by hanging After 1923: electrocution Court challenges: no executions between 1964-1982 1972: Furman v. Georgia Supreme court ruled: death penalty was racially biased 1973: Texas rewrote laws: 1st - lethal injection Past three decades: Texas executed more capital felons than any other state 1973: Texas rewrote the laws to meet the US Supreme Court’s standardization and fairness: first execution under the law was 1982 Copyright © 2016 Cengage Learning. All rights reserved.

The Death Penalty Reviewing the Death Penalty Texas rejects idea of moratorium i.e. delay or suspension One supporting factor: deterrence Too long between sentencing and execution Average time on death row: 11 years Learning Check 12.2 Which Supreme Court case deemed the death penalty unconstitutional in 1972? According to the Texas Department of Criminal Justice, what is the average time spent on death row before execution? moratorium: The delay or suspension of an activity or law. A moratorium may be imposed when something is seen as needing improvement. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation The Texas Department of Criminal Justice Providing Public Safety Increased use of probation and job training Imprisonment rates have declined Problem maintaining workforce Lack of air conditioning in facilities Administrative segregation – solitary confinement for violent or disruptive behavior Administrative segregation: Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior. Copyright © 2016 Cengage Learning. All rights reserved.

Facilities of the Texas Department of Criminal Justice (2013) Figure 12.1 Texas Department of Criminal Justice. Critical Thinking Question: How does having a state jail or prison facility in or near a community affect the community? Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Promoting Positive Behavioral Change Discipline and education Combat recidivism: recurring criminal behavior after release from a prior offense Every prisoner must be given a job More than half enrolled in vocational and academic classes (Windham School District) administrative segregation Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior. Recidivism: Criminal behavior that results in incarceration after a person has been released from confinement for a prior offense Copyright © 2016 Cengage Learning. All rights reserved.

Characteristics of Texas’s Prison Population (2012) Table 12.2 Source: Texas Department of Criminal Justice, Fiscal Year 2012 Statistical Report, http://www.tdcj. state.tx.us/documents/Statistical_Report_FY2012.pdf. Critical Thinking Question: How might studying the characteristics of the prison population influence lawmakers’ criminal justice policies? Copyright © 2016 Cengage Learning. All rights reserved.

The Darrington Unit Seminary Fall 2013 Class Critical Thinking Question: Should an inmate receive a reduced sentence for completing a rehabilitation program? Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Reintegrating Offenders: Reentry and Integration Division: equip prisoners with the skills to succeed upon release Criminal Justice Assistance Division: responsible for convicted criminals who serve all or part of their sentence in the community Parole Division Successful reintegration complicated Texas is suing the EEOC to protect state hiring laws and policies. Re-Entry and Integration Division: equip prisoners with the skills to succeed upon release Criminal Justice Assistance Division and Parole Division: responsible for convicted criminals who serve all or part of their sentence in the community Successful reintegration complicated: convicted felons lose many civic rights including jury service, the right to administer estates and impediments to employment Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Assisting Victims Victim Services Division Victim impact statements Crime Victims’ Compensation Fund Up to $50,000 Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Local Government Jails Found in all but 19 counties 350 municipal jails Private Prisons: State/local govts. contract private companies to construct and operate prisons More than any other state Private contractors also provide substance abuse programs/halfway houses Learning Check 12.3 What are the two primary means of combating recidivism? How has the change in the state’s prison population affected private prisons? Private Prisons: state and local governments contract private companies to construct and operate prisons Private contractors also provide Substance abuse programs/halfway houses Copyright © 2016 Cengage Learning. All rights reserved.

State and Local Agencies Juvenile Justice State and Local Agencies “Delinquent children”: Texas youth between ages 10 and 17 “Status offenders” - offense that would not be a crime if committed by an adult: e.g. running away from home Texas Juvenile Justice Department Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Juvenile Justice Procedures Detained in separate facilities from adult offenders Counseling and probation Residential treatment and commitment Adjudication hearings: a trial in juvenile court Considering raising age of adulthood: one of the 8 states that direct 17 year olds to adult criminal justice system; many have argued that adulthood should be 18 as in other 40 states Juvenile Justice Learning Check 12.4 What agency oversees Texas’s juvenile justice system True or False: Young Texans at least 6 years of age but younger than 19 are treated as “delinquent children” when they commit offenses that would be classified as felonies or misdemeanors if committed by adults. Adjudication hearing: A trial in a juvenile court Considering raising age of adulthood: Texas – one of the 8 states that direct 17 year olds into adult criminal justice system. Many have argued that adulthood should start at 18, considered adult age in 40 states. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Overcrowding and Mental Illness in Prison Harris County jail third largest in country in relation to overcrowdedness Many have mental illness Harris County jails - frequently at or near capacity, ranges between 8,500 and 9,500 Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Technology The Prison Show – enables family members & friends to call in to interact with inmates Facebook and online blogs: inmates have access to Facebook – created by family or friends DNA database – used to identify suspects and exonerate the innocent Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Exoneration Issues Texas compensates wrongfully incarcerated $80,000 for each year wrongly imprisoned Tuition for college or training Lifetime annuity Assistance in accessing social services Health insurance Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Racial Bias in the Criminal Justice System Target minority groups Annual racial profiling reports Latinos moving toward becoming majority of population Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Misconduct by District Attorneys Code of Criminal Procedure Focus on justice 91 criminal cases (2004-2012) prosecutor committed misconduct – Texas Tribune Hiding evidence Improper arguments to jury Case of Anthony Graves: DA obtained false statement to send Graves to death row Case of Michael Morton: DA failed to disclose exculpatory (favorable to the defendant) evidence Learning Check 12.5 Most individuals who have been exonerated were sent to prison based on what type of evidence? True or False: The Code of Criminal Procedure requires district attorneys to give primary importance to convicting a criminal defendant. Case of Anthony Graves: DA obtained false statements from witnesses to send Graves to the death row Case of Michael Morton: DA’s failure to disclose exculpatory evidence Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Tracking Truants Click picture to view video Copyright © 2016 Cengage Learning. All rights reserved.

Video Discussion Questions A judge sentenced this student to wear a tracking device. Is truancy a matter for the courts? How is truancy handled in your community? Is this method more effective? Which type of court did this student likely appear in? Copyright © 2016 Cengage Learning. All rights reserved.