1. Kim Miller 908 399 8386 [email protected] Contact Information.
65
1
-
Upload
griffin-oliver -
Category
Documents
-
view
214 -
download
0
Transcript of 1. Kim Miller 908 399 8386 [email protected] Contact Information.
1
Unit 9 Final Essay
• The US correctional system can serve two specific functions in relation to criminal offenders. First, it can serve as a tool for punishing the offender and making the offender pay for his/her crimes. Second, it can serve as a means to rehabilitating the offender and preparing him/her for successful reentry into society.
• Write a 3-page paper that answers all 3 of the following questions:
• How does our correctional system punish offenders?• How does our correctional system rehabilitate offenders?• Which method is more effective in reducing crime? Punishment
or rehabilitation? Explain your choice.
Unit 9 Final Essay• You are required to use at least three (3) references for this paper.
You are required to access the Kaplan Library for at least one of your references. Another reference can be your text from this class, and the third reference can come from an acceptable online academic resource.
• Note: Wikipedia (and any of its related websites) is not an acceptable academic resource and may not be used for this paper.
• Be sure to list your sources on your reference page. • Your paper must follow this format:
– Page 1 – Cover page– Pages 2, 3 and 4 – Body of text– Page 5 – Reference page
The Fourth Amendment: Your Right To Be Secure
• The Right to Privacy Learn about a 2005 case in which the police used a “sniffer” dog to search for illegal drugs during a routine traffic stop.
• Learn about the privacy protections the Fourth Amendment provides and the circumstances under which the government can infringe upon your right of privacy.
• Have You Been Seized? Use your knowledge to argue a case involving an alleged search and seizure violation.
The Fourth Amendment guarantees your right to be secure against unreasonable searches and seizures—in other words, it guarantees that you have rights to some sorts of privacy. As with First Amendment rights, Fourth Amendment rights are not absolute and are subject to judicial interpretation.
Should authorities be able to search a car or home with “sniffer” dogs, or an electronic sensor? Neither method requires authorities to enter the car or building, so are these really searches? When, if ever, should they be legal?
• 1998: Roy Caballes clocked by state trooper driving 71 mph in a 65 mph zone
• Caballes pulled over for speeding
• Warrant check revealed no outstanding warrants, but that Caballes had been arrested twice for selling drugs
• Second trooper with drug-sniffing dog arrived at scene
Caballes Pulled Over
• Dog walked around Caballes’s car, barked at trunk
• Troopers opened trunk, found large quantity of marijuana
• Caballes arrested for drug trafficking
• Lawyer claimed drugs found as product of illegal search
• Caballes convicted, sentenced to 12 years in prison
A Canine Alert
The Court Hears Illinois v. Caballes
• 2003, Illinois Supreme Court reversed Caballes’s conviction, said drug-sniffing dog at routine traffic stop violated Fourth Amendment rights
• State appealed ruling to Supreme Court
• 2004, Supreme Court hears Illinois v. Caballes
– Government argued dog sniff not search, does not violate privacy
– Justice Souter agreed not full-blown search but asked if it were constitutional, what would prevent police from walking dogs around every private home just to see if they get a “sniff of something”
– Justice Scalia noted Court had ruled Fourth Amendment rights violated when police used thermal-imaging devices to see if people were growing marijuana in homes
– Caballes’s attorney argued sniff was search, like scanner revealed something hidden from view; police had no reasonable suspicion to search car
• 2005, Illinois v. Caballes: 6–2 decision—Court reversed Illinois Supreme Court, upheld Caballes’s conviction
• Majority opinion: person has no legitimate privacy interest in possessing drugs or contraband
• If traffic stop lawful, police had right to use sniffer dog
• Dissenting opinions: dogs can be wrong as result of poor training, errors by handler, dog’s limited ability
• Dog’s bark not probable cause
• Government action indicating possession of contraband does not violate 4th Amendment privacy interests
• Court agreed with state’s argument that dog sniff not a search
• Justice Ginsburg: “every traffic stop could become an occasion to call in the dogs”
• Worried Court decision could clear way for police with dogs to be stationed at long traffic lights, circling cars waiting for green lights
2. Do you agree with the majority of the Court in the Caballes case or with the dissenting opinions? Explain why.
1. Is a trained dog’s sniff of someone or something a search of that person or thing? Explain why or why not.
WHAT DO YOU THINK?
3. Would your opinion in the Caballes case be different if it had involved a bomb-sniffing dog instead? Explain why or why not.
The Fourth Amendment states that “the right of the people to be secure in their persons, homes, papers and effects, against unreasonable search and seizure, shall not be violated.” This guarantee applies only to searches and seizures made by the government; it does not protect against unreasonable searches and seizures by private organizations or citizens. It did not apply to state governments until 1949, and the Supreme Court did not apply the exclusionary rule to state courts until 1961.
• Definition of search—any action by government to find evidence of criminal activity—very broad
• Includes searching property, listening to phone conversations, stopping suspicious-looking persons and frisking for weapons
Searches• Seizure occurs when authorities keep
something—an object, person
• Police might seize item from home as evidence in a murder
• Might take drugs or weapon from person stopped and frisked
Seizures
Understanding Search and Seizure
To obtain a warrant—a court order to search for something or seize someone—there must be probable cause to believe the search will produce evidence of a crime, or that the person seized committed a crime.
• 4th Amendment bans unreasonable search and seizure
• What is reasonable?
• 1967: Katz v. United States, searchers must respect person’s right to privacy
• Search warrant needed to look inside something
• Must state what is being searched, what authorities are looking for
Unreasonable Searches
• Some instances where warrant not required
• Plain view doctrine: if object is in plain view, law assumes owner does not consider it private
• Example—if police have warrant to search home for illegal drugs and drug paraphernalia is in plain view, it can be seized even though items not listed on warrant
Warrantless Searches
Probable Cause and Warrants
Summarizing
How are search and seizure related?
• Answer(s): Authorities conduct searches for evidence of illegal activity, and if they find such evidence, they seize it for evidence.
• On Thursday, May 26, 2005, Holloway and 124 fellow graduates of Mountain Brook High School, located in a wealthy suburb of Birmingham, Alabama, arrived in Aruba for a five-day, unofficial graduation trip. The graduates were accompanied by seven chaperones. According to teacher and chaperone Bob Plummer, the chaperones met with the students each day to ensure nothing was wrong.
• One chaperone who organized the trip, stated, "the chaperones were not supposed to keep up with their every move. Police Commissioner Gerold Dompig, who would head the investigation from mid-2005 until 2006, described the behavior of the Mountain Brook students, stating there was "wild partying, a lot of drinking, lots of room switching every night. We know the Holiday Inn told them they weren't welcome next year. Natalee, we know, she drank all day every day. We have statements she started every morning with cocktails—so much drinking that Natalee didn't show up for breakfast two mornings“. Two of Holloway's classmates, Liz Cain and Claire Fierman, "agreed that the drinking was kind of excessive“.
• Holloway was last seen by her classmates leaving the Aruban bar and night club Carlos'n Charlie‘s around 1:30 a.m. on Monday, May 30. Holloway left with 17-year-old Joran van der Sloot, a Dutch honors student living in Aruba and attending the Aruba International School,and his two Surinamese friends, 21-year-old Deepak Kalpoe and 18-year-old Satish Kalpoe,in Deepak Kalpoe's car.Holloway, who had been scheduled to fly home later on May 30, did not appear for her return flight, and her packed luggage and passport were found in her Holiday Inn room. Aruban authorities initiated searches for Holloway throughout the island and surrounding waters but did not find her.
• The FBI watched interrogations and were given access to documents as well as taking statements from the students back home.
• The FBI was on the ground within two days of Natalee's disappearance.
• As Aruba is a sovereign nation, they had no official status but were allowed to watch interrogations, and a prosecutor flew over to the states to meet with them and show them the documents they had.
•The FBI cooperated with the Aruban police force by questioning the students back in the U.S. and taking statements in addition to analyzing some forensics and the access to interrogations they had in Aruba. Obviously there would not be equal jurisdiction, just as the Aruban or Dutch government would not have equal basis in investigating a crime in the states if the citizen was Dutch or Aruban
Unsolved Crimes
• The Aruban police overlooked some evidence. The suspect was the son of a local lawyer. The youth said he drove Natalee with his two friends to a deserted beach. The police did not examine his car or search his home. The students said they drank heavily, the Aruban Deputy Police Chief said Natalie may have drunk too much alcohol or taken too many drugs and died on the beach, where someone buried her.
• The psychological impact of cold cases, particularly disappearances, kidnappings, or murders, is overwhelming. Natalee Holloway’s mother Beth flew to Aruba with her husband and friends within hours of learning Natalee was missing. She worked with Aruba police to identify the men with whom Natalee was last seen, and to speak with one of them, Joran van der Sloot
• In 2008 Van der Slott was arrested after saying he was involved in her death. Then he told Fox News he sold her into slavery. He retracted all of his statements.
Lingering Doubts
• Van der Sloot’s bizarre confessions and retractions have raised his profile as the prime suspect. Was his motive to confuse the police or just to get attention from the media?
• How could Natalee completely disappear on the small island? Since Van der Sloot and his friends had access to boats, was one used to dump her body at sea?
In the disappearance of Natalee Holloway, what is the evidence that points to murder
without a body?
In the disappearance of Natalee Holloway, what is the evidence that points to murder
without a body?• Only circumstantial. One myth is that blood was found in Deepak's
car. In actuality a presumptive test showed possible blood, but when further analyzed in Holland it was actually cleaning fluid. Common cleaning fluids are one of the many things that will test positive for blood on the presumptive test. It CANNOT hide blood however, for years criminals have made the mistake of thinking that cleaning blood from crime scenes will hide it and discovered that it won't once it is examined in a lab. There has been rumor that a crab trap was missing from a fisherman's hut but this was never proven and it certainly has never been found, nor was any sign of Natalee found during a complete search of Joran's apartment discovered. Sadly, Natalee is still missing and this circumstance leads to the likelihood that she lost her life somehow, but who or what is not known. Hopefully one day there will be a resolution to this case for all concerned.
Lingering Doubts
• Did the local police go easy on Van der Sloot because he was the son of an Aruban lawyer?
• Why did Natalee go willingly with three strangers without notifying her classmates? Was she a victim of date rape drug?
If Van der Sloot received probation he would be getting a second chance?
1. True
2. False
33
34
Correct Answer
1. True
Pay fines, allow the probation officer to visit and stay employed apply to all probationers. They are __________
conditions of Van Der Sloot’s probation.
1. Mandated
2. General
3. Specific
4. Program - Orientated
35
36
Correct Answer
2. General
If Van Der Sloot was on probation or parole he must abide by conditions of
supervision or risk losing the privilege to remain in the community.
1. True
2. False
37
38
Correct Answer
1. True
If Van Der Sloot was on probation, he would have been released from prison
early on conditions.
1. True
2. False
39
40
Correct Answer
2. False
After looking at the statistics regarding parole, would you favor early release of Van Der Sloot’s taking into account his conduct while in prison or review by a
parole board?
1. Review by trained professional parole board members
2. Statutory Decree
3. No early release, offenders should serve entire sentence
41
Parole or probation revocation may result for Van Der Sloot from which of the
following technical violations?
1. Failure to meet with officer
2. Failure to participate in treatment
3. Drug or alcohol use
4. All of the above are violations
42
43
Correct Answer
4. All of the above are violations
House arrest means a guard is posted at Van Der Sloot home rather than have him
come and go as he pleases.
1. True
2. False
44
45
Correct Answer
2. False
In Bearden v Georgia Van Der Sloot must make restitution and pay all fines or risk going to prison on technical violations.
1. True
2. False
46
47
Correct Answer
2. False
Which intermediate sanction would require strict discipline, physical
exercise, a short participation time and works mainly with first offenders such as
Van Der Sloot?
1. Intensive Supervision
2. Boot Camp
3. Mixed Sentencing
4. Electronic Monitoring
48
49
Correct Answer
2. Boot Camp
Which of the following cases allows for Van Der Sloot to be represented by an
attorney at a revocation hearing?
1. Minnesota v Murphy
2. Gagnon v Scarpelli
3. Mempa v Rhay
4. Morrissey v Brewer
50
51
Correct Answer
3. Mempa v Rhay
Which one of the following best represents your opinion of community
corrections?
1. I support it because it is the cost effective way to control offenders.
2. I support it because it allows for counseling, community service and more opportunities for rehabilitation.
3. I don’t support it because it limits punishment and puts society in danger.
53
The Sampson case upheld the ability of police to conduct a warrantless search on
a parolee.
1. True
2. False
54
55
Correct Answer
1. True
True or False
1) Nationwide, approximately 12% of parolees successfully complete parole.
2) In 2006, the U.S. Supreme Court found that the Fourth Amendment does not prohibit police officers from conducting a warrantless search of a person who is subject to a parole search condition, even when there is no suspicion of criminal wrongdoing and the sole reason for the search is because the person is on parole.
3) The Serious Violent Offender Reentry Initiative (SVORI) provides additional services, such as education and skills training to offenders who are most likely to pose a risk to the community upon release.
4) A typical caseload for an intensive supervision probation officer is 250 probationers.
5) The U.S. Supreme Court has held that parole boards do not have to specify the evidence used in deciding to deny parole.
6) A probation officer does not need a search warrant or probable cause to search a probationer's residence.
Short Answer
58) ________ procedures may include a presentence investigation and dispute-settlement proceedings.
59) The growing reluctance to use ________ today seems to be due to the realization that correctional routines have generally been ineffective at producing any substantial reformation among offenders before their release back into the community.
60) ________ conditions may be mandated by a judge who feels that the probationer is in need of particular guidance or control.
61) Under conditional ________ if a condition if violated the individual can be returned to prison.
Multiple Choice14) Probation, parole, home confinement, and electronic monitoring are examples of:
A) lenient sentences.
B) imprisonment.
C) community-based corrections.
D) restitution.
15) Who is recognized as the world's first probation officer?
A) John Augustus
B) Gresham Sykes
C) Henry Marshall
D) Larry Singleton
16) Bob is sentenced to probation. The conditions of his probation, and all probationers in this jurisdiction, include maintaining employment, possessing no firearm, obeying all laws, and meeting with his probation officer. These are ________ conditions.
A) special
B) mitigating
C) general
D) extraordinary
Short Answer51) The managed return to the community of individuals released from prison is
called prisoner ________.
52) ________ is a court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community.
53) Community ________ is a sentencing alternative that requires offenders to spend at least part of their time working for a community agency.
54) Individuals ordered confined to their homes are sometimes monitored ________ to ensure they do not leave during the hours of their confinement.
55) ________ location monitoring is a supervision strategy using electronic technology to track offenders sentenced to house arrest.
56) The primary purpose of probation has always been ________.
57) Pregnant women, geriatric convicts, offenders with special handicaps, seriously or terminally ill offenders, and the mentally retarded may all be better supervised through ________ confinement than traditional incarceration.
Multiple Choice17) Which of the following statements about probation is false?
A) Convicted murderers and rapists cannot be sentenced to probation.
B) It is the most common form of criminal sentencing.
C) Probation is a court-ordered sanction.
D) Probation is significantly less expensive than imprisonment.
18) Discretionary parole is granted by:
A) correctional personnel.
B) a parole board.
C) the governor.
D) statutory decree.
19) Which of the following is not a function of a probation or parole officer's work?
A) assistance to prosecutors by conducting arrests and investigations
B) supervision of clients
C) intake procedures
D) needs assessment and diagnosis
20) All of the following are advantages of using probation instead of imprisonment except:
A) allows the offender to maintain family ties.
B) increases the likelihood restitution will be paid.
C) increased risk to the community.
D) increases employment opportunities for offenders.
7) There are far more offenders in prison today than are serving community-based sentences.
8) Offenders who have been paroled generally avoid serving time in prison, while probationers are incarcerated before release.
9) Split sentencing involves a brief period of incarceration in prison and shock probation involves a brief period of incarceration in jail.
10) Split sentences and shock probation result from decisions made by judicial authority.
11) If a probationer does not claim a right against self-incrimination, any statements made to a probation officer may be used as evidence.
12) Working as a probation or parole officer is attractive because of the small caseloads and ample opportunities for career mobility.
13) Recent research indicates that offenders sentenced to shock incarceration have lower recidivism rates than offenders sentenced to ordinary prisons.
Multiple Choice21) Morrissey v. Brewer provides procedural safeguards to parolees at ________ hearings.
A) revocation
B) preliminary
C) grand jury
D) probation
22) Which model, describing the duties of probation and parole officers, see clients as "wards" whom officers are expected to control?
A) correctional model
B) supervisory model
C) social work model
D) social service model
23) Which type of sentence requires that offenders serve weekends in jail and receive probation supervision during the week?
A) diverse sentence
B) split sentence
C) mixed sentence
D) shared sentence
Multiple Choice24) Which of the following sentences is not an example of an intermediate sanction?
A) intensive probation
B) shock incarceration
C) simple probation
D) house arrest with electronic monitoring
25) Which intermediate sanction resembles a military-style boot camp?
A) shock incarceration
B) shock probation
C) shock parole
D) intensive supervision
26) Research has shown that shock incarceration programs:
A) can save money.
B) exist in all 50 states.
C) are ineffective with females.
D) lower recidivism rates.
27) What type of probation might require face-to-face contacts between the officer and the probationer five
times a week, a mandatory curfew, having a job, and submitting to weekly alcohol and drug testing?
A) concentrated
B) intensive
C) directed
D) shock
Multiple Choice28) Revocation of probation or parole:
A) is not governed by any particular due process requirement.
B) can be enacted merely on a decision to revoke made by the probationer's or parolee's probation or
parole officer.
C) requires the concurrence of an appellate court judge.
D) requires procedural safeguards including a hearing.
29) Which of the following is not cited as a disadvantage of probation and parole?
A) Probation and parole programs are underused, enabling practitioners to adequately supervise
offenders on their caseloads.
B) Probation and parole result in increased social costs.
C) Probation and parole expose the community to greater risk than does incarceration.
D) Probation and parole serve a relative lack of punishment upon the offender.
30) Mempa v. Ray held that a probationer should have the opportunity for ________ before a deferred
prison sentence can be imposed.
A) parole
B) good time
C) counsel
D) jail time
31) Probation is ordered by:
A) the investigating officer.
B) the court.
C) the parole board.
D) the victim.
Multiple Choice32) What is the most common form of criminal sentencing in the United States?
A) parole
B) imprisonment
C) shock incarceration
D) probation
33) According to a Bureau of Justice Statistics study, about what percentage of people convicted of homicide are placed on probation?
A) 5
B) 35
C) 22
D) 0
34) Which of the following sentences is a prisoner reentry strategy?
A) parole
B) community service
C) restitution
D) probation
