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

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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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crime explosion
Crime Explosion
  • Growth in violent crimes per 100,000 1960-1990
declining crime since 93 why
Declining Crime since ‘93--why?
  • improved economy?
  • get tough policies?
  • mandatory minimums, “broken windows”
  • better policing?
  • changing attitudes?
  • demographics?
  • crack “fad” diminishing?
  • Legalized abortion?
a search warrant is
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.
police don t need warrant when
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
stop and frisk
“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
rights of the accused
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.
gideon v wainwright 63 6th amend right to counsel
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
hardening line in 80 s and 90 s
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


three strikes laws
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
a vast social experiment the carceral state
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
california s experiment with drug courts and prop 36
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
juvenile justice
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
cya cages http www californiaconnected org wp archives 194
CYA cages--http://www.californiaconnected.org/wp/archives/194
viii amendment capital punishment
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)
dp in ca
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
method of execution
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