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![Page 1: Chapter Topics Crime Policing Arrests The Defendant Prosecution Grand Juries Exclusionary Rules Case Attrition The Criminal Justice Wedding Cake.](https://reader034.fdocuments.us/reader034/viewer/2022051614/55181e18550346a7318b48f1/html5/thumbnails/1.jpg)
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Chapter TopicsCrime
Policing
Arrests
The Defendant
Prosecution
Grand Juries
Exclusionary Rules
Case Attrition
The Criminal Justice Wedding Cake
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Crime• Crimes known to the police increased for twenty years, declined in the 1990s and have stabilized the last few years
•Data comes from the FBI Uniform Crime Reports
• Type I offenses (homicide, rape, arson, aggravated assault, robbery, burglary, auto theft, larceny over $50)
•Type II offenses (theft, simple assault, public drunkenness, disorderly conduct, etc.)
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Crime• 1 in 4 crimes is Type I
• Fighting crime is a regular campaign slogan, but is a difficult social problem.
• Despite money and effort crime remains persistent.
• U.S. has the highest crime rate of any Western industrial nation
• A large number of American are fearful of crime, however studies show that is not necessarily related to actual risk
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Policing
• Policing is decentralized (800,000 officers in nearly 18,000 agencies)
• Historically connected to party politics
• Today regulated by civil service
• Modern policing is heavily influenced by problem solving approaches (e.g., community policing)
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Arrests
• Of crimes brought to the attention of the police, only 20% result in arrest (clearance rate)
• varies by type of crime, 46% of violent crimes result in arrest, but only 16% of property offenses
• 13.6 million people arrested
• drug and property crime arrests are nearly triple the arrests for violent crime
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The Defendant
• Most defendants are charged with nonviolent offenses
• Career criminals make up a disproportionate share of the arrests
• Felony defendants are:
• younger, male, disproportionately members of minority groups, come from broken homes, less educated, unemployed, single
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Initial Appearance• The police must bring an arrested person before a judge “without unnecessary delay”—typically 48 hours
• An initial appearance is a defendant’s first encounter with the courts and judicial process
• judge advises defendant of rights
• typically last a few minutes
• for minor crimes, defendants may plead guilty and receive immediate sentence
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Initial Appearance• For major crimes, the judge will set bail, schedule next court appearance and appoint a counsel if the defendant is an indigent
Bail
• Bail is a guarantee that in return for being released from jail, the accused will return to court as needed
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Bail• procedures vary depending on seriousness of crime
• for minor offenses bail may be posted at the police station (which often has a fixed bail schedule)
• for felony or serious misdemeanors the court must set a bond amount
• Once amount is set there are four ways to post a bond
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Bail• Bond procedure include:
• provide cash bond
• provide property bond (equity of twice the face amount of bond)
• bail bondsman – which posts the bond for the defendant and charges a nonrefundable fee (often 10% of face value of bond)
• personal recognizance – judge may release defendant from jail without monetary bail
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Bail• The poor often wait in jail, while the rich are able to post bond
• studies show that defendants held in jail without bon are more likely to be convicted, and more likely to be sentenced to prison
• In serious cases there is a lot of discretion in setting the bail amount
• a few defendants are held over without bail
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Bail• Over 700,000 people are held in jail (v. prison)
• Debate is the goal of bail to:
• 1) ensure the appearance of the defendant, or 2) to protect the public
• preventive detention emphasizes the public protection aspect and allows judges to hold over those accused of dangerous crimes without bail
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Prosecution• Prosecution is found at all major governmental levels: national, state, county and local
• may be called U.S. Attorneys, state attorneys general, prosecutor, district attorney, state’s attorney, city attorney
• Prosecutors have broad discretion – prosecutors decide which cases to pursue
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Filing Charges• The sixth amendment requires the defendant to be given information about the charges against them
• a charging document includes the name of the person charged, brief description of how and where the offense was committed and the statute allegedly violated
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Filing Charges• Three major types of charging documents:
• complaint – is supported by oath or affirmation of an arresting officer, used in misdemeanor or city ordinance violations
• information – identical to complaint but signed by prosecutor
• indictment – issued by a grand jury (citizens)
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Filing Charges• There is considerable discretion in the prosecutor’s decision to follow an arrest with a charge.
• the prosecutor controls the “doors to the courthouse”
• very little oversight—other than prosecutors are typically elected officials
• some police consider every decision not to charge as a repudiation of their policing
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Preliminary Hearing• A preliminary hearing is the first time a criminal case is reviewed by someone other than a law enforcement official
• an arrested person is entitled to a timely hearing before a neutral judge to determine probable cause for the detention
• protects the innocent and provides the defendant with an overview of the case against him
• does not require the establishment of guilt—only probable cause
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Grand Juries• Grand juries are different from trial juries—they determine probable cause
• Two primary functions:
• determine whether there is probable cause the defendant committed the crime
• protect the public from overzealous prosecutors
• issue a true bill if the case continues
• grand jury use varies but is used mostly for felonies and capital crimes
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Grand Juries• size of the grand jury varies 6 – 23
• normally selected in a manner similar to trial juries
• impaneled for a set time and meet periodically
• legal protections of criminal court do not apply—the work is done in secret, plurality vote, no right to an attorney
• prosecutors dominate process
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Exclusionary Rules• many factors affect how the police arrest and prosecutors charge those accused of committing crimes
• The Bill of Rights and Supreme Court decisions
• Exclusionary Rule – prohibits the prosecutor from using illegally obtained evidence during a trial
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Exclusionary Rules• There are three distinct exclusionary rules:
• identification of suspects – defendant’s have the right to be assisted by counsel during a police lineup
• confessions – no physical or psychological coercion, Miranda rights inform a suspect of their legal guarantees
• searches – the gathering of physical evidence must follow certain rules and be truthful and relevant
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Exclusionary Rules• Lawyers ask for evidence to be excluded through pretrial motions
• pretrial motions are a request to suppress evidence that was illegally obtained
• empirical studies show that despite great public concern over the exclusionary rule—relatively few pretrial motions to suppress evidence are actually filed
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Exclusionary Rules• Debate centers on whether convictions lost, and the guilty let go because of the suppressed evidence.
• it is difficult to resolve this debate because it hard to determine precisely why cases are dropped
• we do know that far more cases are dropped because of a lack of evidence or witness problems than are dropped because the prosecutor cannot use illegally obtained evidence.
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Case Attrition• The exercise of discretion (by police, prosecutors, judges, etc.) causes many cases to be dropped
• out of 100 felony arrests only 55 survive to trial stage
• once a case reaches felony court is highly likely to end in a guilty plea or trial verdict of guilty
• there are variations across courts in case attrition rates
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Why Attrition Occurs• Legal Judgments – at every stage a decision is made about whether there is sufficient legal evidence to move a case forward
• Policy Priorities – prosecutors are simply not interested in pursuing some cases (where the punishment may have already occurred), yet very aggressive in pursuing others
• Substantive Assessments – some cases are dropped because the officials decide prosecution would serve no useful purpose
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Criminal Justice Wedding Cake• Not all cases should be treated or counted the same way
• Samuel Walker suggests using a wedding cake as a metaphor—with each layer representing a different type of case but with consistency in each layer
• Walker observes that criminal justice officials handle the various layers of the cake very differently
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Celebrated Cases• at the top of the wedding cake
• dominate the news headlines, but are atypical of most cases
• the judicial process is carefully followed
• these cases are likely to go to a full jury trial
• have considerable impact on the public perception (too much?)
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Serious and Lesser Felonies• The second and third layers of the cake are felony cases
• Differentiation between the two levels is based on: 1) the seriousness of the crime, 2) the criminal record of the suspect, 3) relationship between the victim and the offender
• serious felonies are carefully handled and lesser felonies are dispensed of routinely and quickly
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Misdemeanors• misdemeanors far outnumber all other types of cases
• half of the misdemeanor cases represent “public order” offenses, fewer than a third represent crimes against persons or property
• processed very differently from felonies: routine handling, defendants are arraigned en masse, guilt is rarely contested, punishment is not severe
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Conclusion• America’s courts process millions of criminal cases every year—most are routine
• Crime rates continue to be high profile and a frequent subject of political campaigns
• Crime is persistent (if dropping) despite considerable effort and expenditures
• Discretion occurs at every stage of the criminal justice process