1. 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

2. The Courts What happens between arrest and corrections

3. 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

4. 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

5. Who are the “players” in the judicial system? Prosecutor Defense Attorneys Judges

6. 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?

7. Prosecutorial Discretion Whatever he wants! Decisions Whether or not to charge & specific charge Decision to drop case May enter and end plea negotiations

8. 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

9. Role of the Defense Represent their client in a vigorous, adversarial manner Investigate incident, interview client/witnesses, represent client at all proceedings, negotiate plea with district attorney Conflict of interest? The Devil’s Advocate Low pay and conflict of interest = burnout

10. The Judge During Trial Rule on questions of procedure how to question witnesses, rules of evidence May determine guilt in a bench trial After trial or plea bargain Responsible for determining sentence

11. The Courts System Process 1. Formally charge 2. Pre-trial Detainment Decisions 3. Determine guilt or innocence 4. Impose a sentence 5. Hear appeals

12. Pre-Trial Decisions Prosecutor must issue a criminal charge Formal document, lays out facts of case, circumstances of arrest, penal code Felony cases = bill of “indictment” or “information” Misdemeanors = criminal complaint

13. Pre-Trial Decisions Arraignment Judge makes sure defendant understands charge Makes sure defendant has counsel Defendant enters plea Guilty No Contest Not Guilty Decision regarding pre-trial detainment

14. Pre-Trial Detainment Jail 50% pre-trial, 50% sentenced < 1 year Alternatives to Jail? Bail System Bail Bondsmen Fairness?

15. Alternatives to Bail? Pretrial Supervised Release Essentially probation while out in community before trial (similar “conditions”) Release on Recognizance (ROR) Promise to come back Why do people fail to show up for court dates? Role of pretrial services

16. The Trial Jury Selection Trial Process Opening statement Prosecutor Defense Closing argument Verdict Sentence

17. Is the process really “adversarial?” Sam Walker’s “Wedding Cake” Model Celebrated cases may approach ideal of an adversarial process Lower “layers” = administrative rather than adversarial Judge, defense, and prosecutor have a shared understanding of what a case is “worth”

18. The Courtroom Workgroup Term coined by Malcolm Feeley Judges, prosecutors and defense work together daily Minimize conflict and develop informal procedures for dealing with cases The “Going Rate” Seriousness of offense Prior record of defendant Relationship between victim and defendant

19. Plea Bargaining What is bargained? Charge Sentence Conservatives = loophole Liberals = perversion of the system Reality? Given the “going rate,” it is not so much a “bargain” as standardized administrative process

20. Benefits of Plea Bargaining State Prosecutor assured of guilt verdict Save the court time and cash More time for “serious cases” Defendant Avoid pre-trial detention No uncertainty in sentence May get more lenient sentence

21. Sentencing Structures Indeterminate Tied to rehabilitation More open ended, typically tied to parole release Sentence = 2-5 years Determinate More Fixed Sentence = 26 months May still get out early through a variety of mechanisms (e.g., good time credits)

22. Specialized Sentencing Schemes within Determinate Sentencing Mandatory Minimum Sentences 3 strikes legislation Truth in sentencing Federal initiative 85% for UCR Part I violent offenses

23. Sentencing Guidelines End result of the debate over rehabilitation and intermediate sentences (1960s-1970s) Take discretion away from… Liberals = racist / classist judges Conservatives = liberal weenie judges Question: Where does the discretion go? Who creates the sentencing grid?

25. 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)

26. 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…)

27. 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

28. 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

29. 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 Gender Females more likely to be treated leniently

30. Reducing Sentencing Disparity Sentencing guidelines May reduce some disparity, but does not eliminate Disparity may be “built in” to sentencing grid (e.g., crack penalty) Do we want to eliminate all disparity? More harsh with females? Some disparities may be due to legitimate factors

31. Corrections Carrying out the sentence of the decreed by the judicial system History of Corrections Community Corrections Intermediate Sanctions Institutional Corrections

32. Colonial America (1600s- 1750s) Punishment was public Punishment was corporal or capital Prison-like institutions existed, but were not used as “punishment”

33. COPORAL PUNISHMENTS

34. The Rise of the Penitentiary (1750-1800) William Penn Revised criminal code in Pennsylvania to forbid torture and mutilation; ordered new “houses of correction” Walnut Street Prison (1790) Other states (New Jersey, New York) followed

35. Walnut Street Jail and Eastern Penitentiary

36. Corrections in the 1800s Prison brutal, corporal punishment prevalent Prison building boom (1850s) The Rise of Prison Industry Contract system, convict-lease, state account

37. The Progressive Era (early 1900s) to the 1960s The Progressives attacked many social ills (working conditions, poverty….) In Criminal Justice Rehabilitation (not punishment, penance) should be the goal of corrections Psychology/Sociology “Causes” Platform of indeterminate sentences, probation, parole…

38. Corrections from 1970 to present 1960s-1970 Faith in rehabilitation crushed Liberals = justice model, Conservatives = punish 1970s = deterrence 1980s-2000s: deterrence/incapacitation Return to determinate sentencing 3 strikes legislation, mandatory minimums, harsh sentencing guidelines… Chain gangs, “strip-down” prisons Currently: Evidence based corrections?

39. 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”

40. The Corrections Continuum Probation Intermediate Sanctions Jails Prisons

41. 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

42. 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)

43. 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” (?)

44. 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”

45. 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

46. Intermediate Sanctions Probation Prison Death ISP EM Boot Camp

47. WHY do these critters exist? Prison crowding in 1980s Probation viewed as failure Need for “continuum” of sanctions

48. 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

49. 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

50. 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

51. 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)

52. 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

53. Institutional Corrections Go to jail, go directly to jail, do not pass go, do not collect $200

54. 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

55. Prisons Hold individuals sentence to at least 1 year Operated by the executive branch

56. 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)

57. 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 serious offenders) Minimum (typically campus style)

58. Since the late 1970s, the total number of inmates in custody has increased dramatically

60. 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

61. For the first time in decades… The corrections population is declining Great recession/budgets, change in attitude? 2011 Figures Probation: 3,971,319 Parole: 853,852 Jail: 735,601 Prison: 1,504,150 Roughly 7 million under supervision About 100,000 less than previous year 1.4% decline Almost all of the decline (82,000) due to declines in probation

62. What type of offenders go to prison?