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Lecture 6.5--criminal justice--rights of criminal suspects

Lecture 6.5--criminal justice--rights of criminal suspects. Crime Explosion. Growth in violent crimes per 100,000 1960-1990. Declining Crime since ‘93--why?. improved economy? get tough policies? mandatory minimums, “broken windows” better policing? changing attitudes? demographics?

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Lecture 6.5--criminal justice--rights of criminal suspects

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  1. Lecture 6.5--criminal justice--rights of criminal suspects

  2. Crime Explosion • Growth in violent crimes per 100,000 1960-1990

  3. Declining Crime since ‘93--why? • improved economy? • get tough policies? • mandatory minimums, “broken windows” • better policing? • changing attitudes? • demographics? • crack “fad” diminishing? • Legalized abortion?

  4. A search warrant is: • Authorized by a judge on the basis of “probable cause” • specifies the place to be searched, a period of time in which the search will take place, and often the specific item sought.

  5. Police don’t need warrant when: • permission given • following an arrest, in the area in the immediate control of the arrested suspect • object is within plain view of police from a place they have a right to be • necessary to prevent harm to people or property

  6. “stop and frisk” • Police may “stop” (reasonable person feels not free to go) a citizen on grounds of “reasonable suspicion” • Police may then “pat down” citizen

  7. Rights of the Accused • Mapp v Ohio (‘61)--4th amend search n’seize • extending “exclusionary rule” to the states, and “fruits of the poisoned tree” • since then, “good faith rule”, “inevitable discovery” • Miranda v Arizona (‘64)--5th amend self-incrimination • must be advised of rights once “in custody, prior to interrogation” • since then, two-tier interviews, etc.

  8. Gideon v Wainwright (‘63)--6th amend right to counsel • Transcript: The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case. • state must provide attorney for the indigent • but not necessarily high quality defenses • in CA over 90% of felonies are plead out

  9. Hardening line in 80’s and 90’s • Fed and State mandatory minimum sentences • increased incarceration for drug offenses • especially by minorities, women, minor offenders CA

  10. Three strikes laws • 1994 CA prop 184 passed overwhelmingly, half the states followed • in CA: after two “serious” felonies, third leads to 25-life--but counties differ in their use of 3 strikes • about 60% of CA’s 7000 3 strikers for “non-serious” 3rd offense • USSC said not cruel and unusual--state has right to punish a pattern of crime • 2004 CA ballot initiative to require 3rd strike to be violent or serious lost • Next November, another try at reform probable

  11. A vast social experiment: the carceral state • US prison population grows 600% in past 30 years, world’s largest • California, much the same • incarceration rate about average of other states • but much higher recidivism rate

  12. California’s experiment with drug courts and Prop 36 • 1990s CA began diverting some non-violent drug offenders to courts offering treatment • 2000 Prop 36 created expanded additional program • 30,000 diverted per year, saving CA money, studies have shown more successful than prison at combating recidivism

  13. juvenile justice • Most states create separate system for juveniles in early 20th century • juveniles typically face “hearings” not trials, until 1960’s, received few adult protections • 1990’s: growth in violent juvenile crime, and movement to try juveniles as adults--in CA, prop 21 passed in 2000

  14. CYA cages--http://www.californiaconnected.org/wp/archives/194

  15. VIII Amendment--Capital Punishment • Furman v Georgia (1972) • cruel and unusual punishment due to inconsistent application • Gregg v Georgia (1976) • capital punishment can be constitutional • Protected categories reflecting “national consensus of evolving standards”: • mentally retarded (2002) • minors under age 18 at time of crime (2003)

  16. DP in CA • Reinstated after the Gregg case, by voter initiative • Since then 14 executions • Biggest death row in U.S. • But rate of new death sentences slowing dramatically

  17. Method of execution • most states with dp now offer lethal injection as sole or primary method • Recently: U.S. District Ct: must be applied humanely

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