Chapter 11 – Criminal Justice

Learning Objectives 11.1 Identify the right of the accused and of victims 11.2 Distinguish the types of crimes and punishments in Texas criminal law 11.3 Explain the stages of the criminal justice process in Texas 11.4 Evaluate the consequences of postconviction punishment in Texas 11.5 Assess reforms to the Texas criminal justice process

Texan Justice Rights of the Accused Victim Rights Defendant Probable cause Search and seizure Indigent defense Guaranteed by both US Constitution and Texas Constitution Victim Rights

Types of Crimes Misdemeanors Felonies Drug Crimes Juvenile Crime Class A: most severe Class C: least severe Felonies Drug Crimes Juvenile Crime Aged ten to sixteen Different procedures Guardian ad litem

Criminal Justice Process Pretrial Appear before a judge: within 48 hours Inform accused of the charges Bail Contract to release from prison and pay money as promise to return Arraignment After charges filed, initial appearance Prosecutor Grand Jury Plea Bargain

Criminal Justice Process Trial Jury selection Voir dire Plea Guilty Not guilty No contest Does not admit guilt but is not contesting the underlying facts

Criminal Justice Process Punishment Physical Labor Probation, Community Supervision, deferred adjudication Incarceration Overcrowding Fall in Crime Rate and Incarceration Drug Court Reform Privatization

Criminal Justice Process Death Penalty Since 1924 all executions carried out by state Several crimes eligible for the death penalty Hiring someone to murder someone else Murdering a judge or correctional officer Murdering during specific felonies Race significant factor Death row moved to The Polunsky Unit Support for death penalty high in Texas

Life After Prison Restricted Licensing, Employment, and Access to Programs Ineligible for food stamp benefits Ineligible for selected Medicaid programs Ineligible for higher education scholarships Voting Rights loss Criminal disenfranchisement Parole Calendar time served plus good conduct time equals one-fourth of the maximum sentence or fifteen years, whichever is less

Reforms Alternatives to Incarceration Bail Reforms Addressing Prison Suicides Grand Jury Reform Death Penalty Reform

Texas Takeaways The accused has the right to remain silent, consult with an attorney, have an attorney present during questioning, and protection from unreasonable search and seizure. Victims have the right to be informed about the progress of a case at various points and the right to have the court take their safety into account on release of their attacker from a correctional facility. The maximum penalty for a misdemeanor is up to a year in jail and/or a $4,000 fine. The maximum penalty for a felony is death by lethal injection (the death penalty).

Texas Takeaways The age range for a juvenile in Texas is ten to sixteen years old; at age seventeen defendants can be tried as adults. A grand jury is responsible for bringing criminal charges against an individual. Probation and deferred adjudication are two alternatives to incarceration. Local, state, and federal governments maintain correctional facilities in Texas.

Texas Takeaways Prison populations exploded in the 1980s as the US Congress and state legislatures began to pass “tough on crime” legislation. Criminal disenfranchisement is the loss of voting rights after a conviction. The law requires a two-thirds vote of the board members to grant parole for capital offenses. Each prisoner costs Texas taxpayers about $45 a day The old system allowed grand jury commissioners to pick the grand jury pool. The new system institutes a random process for drawing jurors from a broader pool of potential applicants.