Suzane Santiago
May 12, 2010
LW101- MW 9:30-10:50
LW101- Final Exam
Chapter 10: Origins and Organization of the Courts p. 285
6. What are some of the ways in which judges are selected in different states?
Appointment, nonpartisan election, and merit selection are various ways judges are elected.
In most states, judges are popularly elected. However, there are eighteen states judges in trial courts in which they [judges] are appointed by the governor, usually with the consent of the state legislature. Federal judges are also appointed, however they [federal judges] are appointed by the president with the approval of the U.S. senate. There are three states general jurisdiction trial judges that are (only) selected by the state legislature. Eighteen states hold nonpartisan elections and eleven other states hold partisan elections for judges. Lastly, there are ten states that practice the merit selection process.
Chapter 12: Trials and Sentencing p.351
6. Distinguish between indeterminate and determinate sentencing systems.
Indeterminate sentencing allows judges to set a maximum sentence and sometimes a minimum sentence, for the offender to serve in prison. During the [offender’s] sentence a parole board reviews the offender’s growth in behavior to conclude if early release would be advisable. Furthermore, determinate sentencing does not allow judges to enforce fixed sentences that cannot be altered by a parole board. The needs, problems, and backgrounds of offenders are much less important in a determinate sentencing system, because the focus is on the crime that was committed rather than on the type of the offender who committed it.
Chapter 13: Origins and Organization of Jails and Prisons p.386
6. What are the unique challenges associated with the growing numbers of women in prison?
Some challenges the societies might face are: dealing with the victims of women’s crimes, their family histories, and child care issues. Women serving a sentence for a violent crime are twice as likely as men to have committed the crime against an intimate or relative. The differences between male and female offenders require different approaches to treatment and custody of female inmates. In addition, statistics show that 75% of women in prison have at least one child. This may require special training or programs to accommodate the continued relationship between a mother and her child.
Chapter 14: Probation and Community Corrections p.421
6. What is parole, and why is it unpopular with the public?
Parole allows inmates to serve the last part of their sentence in the community under supervision in order to make a successful readjustment to freedom. The public does not favor paroles because they [the public] become outraged when crimes are committed by parolees. They [the public] feels that it is unnecessary to allow dangerous offenders to go back into the community.
Chapter 16: Juvenile Justice p.481
6. What is the significance of the Supreme Court’s decision in Kent v. United States?
Due to a series of U.S. Supreme Court cases in the 1960s, the operation of juvenile justice became more uniform and the trend toward due process in juvenile court proceedings solidified. In Kent v. United States, the Supreme Court rules that a juvenile must receive a hearing before being referred to criminal court for trial as an adult. The Kent case was the first time the U.S. Supreme Court examined juvenile court procedure, and it found that the procedure in question must measure up to basic standards of ue process and fair treatment.
In this class I believe that I deserve an A. I feel this way because I have done all of the assignments and task assigned by the Professor. Furthermore, my attendance and class participation has been above average. I will admit that this class has been very different from the rest of all the classes I have taken in my education career. However, I am resilient and also I am not afraid to face and accept change. Furthermore, I feel that there are many characteristics one must hold as a criminal justice major, and I feel that I am able to carry them out.
Monday, May 17, 2010
Gubernatorial Race 2010 (Survey)
This was a survey in which the class had to interview people differencing in age and gender and their opinions on who will win the Gubernatorial Race on this November's elections. As a result:
Gutierrez Calvo Cruz IDK
Male Under 40 4 3 1 2
Male over 40 5 3 1 1
Female under 40 3 5 0 2
Female over 40 3 5 2 0
Total Votes [15] [16] [4] [5]
I honestly enjoyed this survey, the turn-out was very close, but I can tell that the people I surveyed were very honest. There were some who were confused perhaps because of the recent addition of Lt. Governor Cruz and Senator Espaldon in the gubernatorial race.
Gutierrez Calvo Cruz IDK
Male Under 40 4 3 1 2
Male over 40 5 3 1 1
Female under 40 3 5 0 2
Female over 40 3 5 2 0
Total Votes [15] [16] [4] [5]
I honestly enjoyed this survey, the turn-out was very close, but I can tell that the people I surveyed were very honest. There were some who were confused perhaps because of the recent addition of Lt. Governor Cruz and Senator Espaldon in the gubernatorial race.
Chapter 18
Chapter 18- Comparative Criminal Justice
1. Theft is the most common crime in the world.
2. Crimes is not usually reported to the police because the victims and offenders have similarities.
3. Countries with low crime rates usually have developed strong social control through family systems and religious tradition, practice, and belief
4. Hijacking, trafficking in humans, corruption and war crimes are the usual international crime.
5. Trafficking in humans- the smuggling of women and children from their home countries usually for purposes of sexual exploitation.
6. Genocide- intentionally destroying an ethnic, racial, national, or religious group in a systematic manner
7. Europol shares information about drug trafficking, among member countries of the European unions.
8. Efforts are being made to professionalize law enforcement agencies around the world.
9. (1)Civil, (2) Common, (3) Islamic, and (4) Socialist are the four families/categories of law.
10. It is difficult to compare crime rates in different nations because of the various methodological problems.
1. Theft is the most common crime in the world.
2. Crimes is not usually reported to the police because the victims and offenders have similarities.
3. Countries with low crime rates usually have developed strong social control through family systems and religious tradition, practice, and belief
4. Hijacking, trafficking in humans, corruption and war crimes are the usual international crime.
5. Trafficking in humans- the smuggling of women and children from their home countries usually for purposes of sexual exploitation.
6. Genocide- intentionally destroying an ethnic, racial, national, or religious group in a systematic manner
7. Europol shares information about drug trafficking, among member countries of the European unions.
8. Efforts are being made to professionalize law enforcement agencies around the world.
9. (1)Civil, (2) Common, (3) Islamic, and (4) Socialist are the four families/categories of law.
10. It is difficult to compare crime rates in different nations because of the various methodological problems.
Chapter 17
Chapter 17- Economic and Political Crime
1. Economic and political crimes include white-collar crime, organized crime, computer crime, international and domestic terrorism, and some forms of hate crimes.
2. Conspiracy- agreement between two or more persons to commit a crime or to carry out a legal act in an illegal manner.
3. White-collar crimes- crimes of fraud, crimes against public administration, and regulatory offenses that are usually carried out during the course of a legitimate occupation.
4. Computer crimes are becoming a growing threat, the most common type of computer crime is theft by computers.
5. Harassment and extortion are other types of computer crimes. As computer literacy increases, the rates of computer crimes are also expected to increase.
6. Organizational crime is a continuing criminal enterpise that rationally works to profit from illicit activities that are often in great public demand.
The main types of organized crimes are provision of illicit services (loan-sharking, prostitution, gambling), provisions of illicit goods (drug dealing, fencing of stolen property), and infiltration of legitimate business (demands for "protection" money or no-show jobs).
7. Importation of stolen vehicles, drug smuggling, and illegal immigration are some of the significant types of international crime.
8. Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.
9. Hate crimes- offenses motivated by prejudice, usually against a particular race, religion, or sexual orientation.
10. Hate crimes are similar to terrorist acts except that a particular minority group (defined by race, ethnicity, nationality, or sexual orientation) is usually the target.
1. Economic and political crimes include white-collar crime, organized crime, computer crime, international and domestic terrorism, and some forms of hate crimes.
2. Conspiracy- agreement between two or more persons to commit a crime or to carry out a legal act in an illegal manner.
3. White-collar crimes- crimes of fraud, crimes against public administration, and regulatory offenses that are usually carried out during the course of a legitimate occupation.
4. Computer crimes are becoming a growing threat, the most common type of computer crime is theft by computers.
5. Harassment and extortion are other types of computer crimes. As computer literacy increases, the rates of computer crimes are also expected to increase.
6. Organizational crime is a continuing criminal enterpise that rationally works to profit from illicit activities that are often in great public demand.
The main types of organized crimes are provision of illicit services (loan-sharking, prostitution, gambling), provisions of illicit goods (drug dealing, fencing of stolen property), and infiltration of legitimate business (demands for "protection" money or no-show jobs).
7. Importation of stolen vehicles, drug smuggling, and illegal immigration are some of the significant types of international crime.
8. Terrorism is the unlawful use of force or violence against persons or property to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.
9. Hate crimes- offenses motivated by prejudice, usually against a particular race, religion, or sexual orientation.
10. Hate crimes are similar to terrorist acts except that a particular minority group (defined by race, ethnicity, nationality, or sexual orientation) is usually the target.
Chapter 16
Chapter 16-Juvenile Justice
These are some main points in the class discussion on Chapter 16
1. Young people have a problem realizing the consequences of reality
2. Professor McNinch stated that children under the age of 12, are results of mostly parenting problems, these children usually come from broken homes. Now, children from the ages of 12-17 are juveniles, because they are at that stage of making decisions for themselves and others.
3. Determinism- you can only start/go to a place, if you can only start now. There is nothing you can do about yesterday. The past should not touch you, don’t let it chain your present.
I think with this being said, Professor McNinch was trying to explain to use that when people commit crimes, they always dwell on the things they “should have” done. But, like what was said, there is nothing we can do about yesterday.
4. Victory Frankl’s Logo theraphy- suggest that we [humans] learn a lesson from it [our past] and move on.
5. Idle hands makes the devil’s workshop- Professor McNinch also stated that the reason why public school was introduced was to get the children out of trouble. If you do not give young people something to do, they will end up doing something else, that is usually “trouble.”
Here are the top 10 information I chose from Chapter 16.
1.Delinquency- a criminal act committed by a person under the age of majority.
2.Status offenses- Undesirable behaviors that are unlawful only for juveniles.
3. Parens Patriae- the state acts as a parent. The view that juvenile law violations are a sign that parents cannot or will not take care of their child adequately and that it is up to the state to step in and act in his/her or best interests, thus preventing future misbehavior.
4. The most commonly used indicator of delinquency is the rate of juvenile arrests.
5. Younger juveniles are arrested significantly less often than older juveniles.
6. The first juvenile court was established in 1899. It was during 1960s, when most modifications regarding the concern of delinquency was addressed in the juvenile justice system.
7. In Kent v. United states, the Supreme Court ruled that a juvenile must receive a hearing before being referred to criminal court for trial as an adult.
8. A 2005 Supreme court decision now prohibits imposition of the death penalty for crimes committed when offenders are under the age of 18.
9. Police have 5 alternatives on deciding how to handle a juvenile (1) warn and release, (2) refer to juvenile court, (3) refer to a social welfare agency, (4) refer to another police department, or (5) refer to criminal court for prosecution as an adult.
10. Many believe that in order to reduce the numbers of serious delinquents,action must be taken to address their living conditions.
These are some main points in the class discussion on Chapter 16
1. Young people have a problem realizing the consequences of reality
2. Professor McNinch stated that children under the age of 12, are results of mostly parenting problems, these children usually come from broken homes. Now, children from the ages of 12-17 are juveniles, because they are at that stage of making decisions for themselves and others.
3. Determinism- you can only start/go to a place, if you can only start now. There is nothing you can do about yesterday. The past should not touch you, don’t let it chain your present.
I think with this being said, Professor McNinch was trying to explain to use that when people commit crimes, they always dwell on the things they “should have” done. But, like what was said, there is nothing we can do about yesterday.
4. Victory Frankl’s Logo theraphy- suggest that we [humans] learn a lesson from it [our past] and move on.
5. Idle hands makes the devil’s workshop- Professor McNinch also stated that the reason why public school was introduced was to get the children out of trouble. If you do not give young people something to do, they will end up doing something else, that is usually “trouble.”
Here are the top 10 information I chose from Chapter 16.
1.Delinquency- a criminal act committed by a person under the age of majority.
2.Status offenses- Undesirable behaviors that are unlawful only for juveniles.
3. Parens Patriae- the state acts as a parent. The view that juvenile law violations are a sign that parents cannot or will not take care of their child adequately and that it is up to the state to step in and act in his/her or best interests, thus preventing future misbehavior.
4. The most commonly used indicator of delinquency is the rate of juvenile arrests.
5. Younger juveniles are arrested significantly less often than older juveniles.
6. The first juvenile court was established in 1899. It was during 1960s, when most modifications regarding the concern of delinquency was addressed in the juvenile justice system.
7. In Kent v. United states, the Supreme Court ruled that a juvenile must receive a hearing before being referred to criminal court for trial as an adult.
8. A 2005 Supreme court decision now prohibits imposition of the death penalty for crimes committed when offenders are under the age of 18.
9. Police have 5 alternatives on deciding how to handle a juvenile (1) warn and release, (2) refer to juvenile court, (3) refer to a social welfare agency, (4) refer to another police department, or (5) refer to criminal court for prosecution as an adult.
10. Many believe that in order to reduce the numbers of serious delinquents,action must be taken to address their living conditions.
Chapter 15
Chapter 15- Justice and Punishment in the Twenty-first Century
*New ways of administering justice and punishment
1. Technocorrections- the use of technology to monitor offenders and to prevent future crimes.
2. Risk-based treatment- classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine the likelihood of reoffending.
3. Early-life Interventions; "The high/scope perry preschool project"- a developmental program emphasizing intellectual and social development through active learning designed for children of low socioeconomic statues and low IQ who are at high risk for failure in school.
4. Virtual prison- an offender monitoring system in which the offender wears an ankle bracelet that cannot be tampered with or defeated effectively, and that can be monitored via GPS.
* How can offenders with mental health and drug problems be handled in the Criminal Justice System?
5. Mental health courts are specialized courts that focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
6. Women offenders have different problems in different proportions than men. such as more than half have been sexually abused and how two-thirds of women in prison have minor children.
7. The balance between punishment and public safety can be difficult. Punishment is needed to express the society's disapproval of the law violation; and corrective treatment is required to prevent repeated offenses.
*The future of corrections
8. Offender accountability- an approach to illegal behavior that makes offenders aware of the damage, loss, or injury they cause and their responsibility for it.
9. Punishment and control by distance- a corrections approach that includes electronic monitoring, probation kiosks, and camera satellite surveillance to partially restrict offenders freedom and to deprive them of some portion of their liberty.
10. Correction as prevention. Corrections can be more effective when greater attention is paid to aspects leading to crime before a person violates the law.
*New ways of administering justice and punishment
1. Technocorrections- the use of technology to monitor offenders and to prevent future crimes.
2. Risk-based treatment- classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine the likelihood of reoffending.
3. Early-life Interventions; "The high/scope perry preschool project"- a developmental program emphasizing intellectual and social development through active learning designed for children of low socioeconomic statues and low IQ who are at high risk for failure in school.
4. Virtual prison- an offender monitoring system in which the offender wears an ankle bracelet that cannot be tampered with or defeated effectively, and that can be monitored via GPS.
* How can offenders with mental health and drug problems be handled in the Criminal Justice System?
5. Mental health courts are specialized courts that focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
6. Women offenders have different problems in different proportions than men. such as more than half have been sexually abused and how two-thirds of women in prison have minor children.
7. The balance between punishment and public safety can be difficult. Punishment is needed to express the society's disapproval of the law violation; and corrective treatment is required to prevent repeated offenses.
*The future of corrections
8. Offender accountability- an approach to illegal behavior that makes offenders aware of the damage, loss, or injury they cause and their responsibility for it.
9. Punishment and control by distance- a corrections approach that includes electronic monitoring, probation kiosks, and camera satellite surveillance to partially restrict offenders freedom and to deprive them of some portion of their liberty.
10. Correction as prevention. Corrections can be more effective when greater attention is paid to aspects leading to crime before a person violates the law.
Chapter 14
Chapter 14- Probation and Community Corrections
1. Monetary fines are the most common form of criminal sanction in the U.S. Although fines are usually used for minor crimes.
2. Probation is a system in which offenders are allowed to live in the community under supervision. Offenders who are sentenced to probation usually have conditions attached to their sentences.
3. However, supervision of offenders in the community poses the risk that the offenders may commit the same or other crimes.
4. The purpose of parole is to allow inmates to serve the last part of their sentence in the community under supervision in order to readjust to freedom.
5. Parole is associated with indeterminate sentencing and is decided by a parole board consisting of correction officers.
6. Work or study release programs allow eligible inmates to work or take courses outside the prison during the day and return to the prison at night. The prisoners are supervised and are only granted a few hours.
7. A pardon allows a convicted offender to be released from prison without any supervision. A pardon basically excuses the offender from its criminal penalties.
8. Those who agree with restorative justice believe that the winners of the case is less important than "making the victim a whole."
9. In the most common form of restorative justice, the offender provides restitution to the victim. Restitution is a form of restorative justice that usually takes the form of money. but it can also include returning property or performing services for the victim.
10. Shock incarceration is short-term military-style "boot camps" designed primarily for nonviolent young offenders and featuring a military atmosphere and strict discipline.
1. Monetary fines are the most common form of criminal sanction in the U.S. Although fines are usually used for minor crimes.
2. Probation is a system in which offenders are allowed to live in the community under supervision. Offenders who are sentenced to probation usually have conditions attached to their sentences.
3. However, supervision of offenders in the community poses the risk that the offenders may commit the same or other crimes.
4. The purpose of parole is to allow inmates to serve the last part of their sentence in the community under supervision in order to readjust to freedom.
5. Parole is associated with indeterminate sentencing and is decided by a parole board consisting of correction officers.
6. Work or study release programs allow eligible inmates to work or take courses outside the prison during the day and return to the prison at night. The prisoners are supervised and are only granted a few hours.
7. A pardon allows a convicted offender to be released from prison without any supervision. A pardon basically excuses the offender from its criminal penalties.
8. Those who agree with restorative justice believe that the winners of the case is less important than "making the victim a whole."
9. In the most common form of restorative justice, the offender provides restitution to the victim. Restitution is a form of restorative justice that usually takes the form of money. but it can also include returning property or performing services for the victim.
10. Shock incarceration is short-term military-style "boot camps" designed primarily for nonviolent young offenders and featuring a military atmosphere and strict discipline.
Chapter 13
Chapter 13- Origins and Organization of Jails and Prisons.
1. Pennsylvania system- a philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders from being corrupted by mixing with other offenders.
2. Auburn system- A philosophy of imprisonment that emphasized labor and meditation. Offenders worked every day, but they did so in complete silence.
3. Penitentiaries- maximum security federal correctional institutions
4. Correctional institutions- medium security federal correctional institutions
5. Metropolitan correctional centers (detention centers)- federal jail facilities for pretrial detention and for those serving short sentences.
6. Prisoners tend to be poorly educated and to come from single-parent households where alcohol and drugs were used. Many were physically or sexually abused and have family members who have been incarcerated.
7. Nearly all observers have viewed inmate work favorably, but business people and labor organizations fear competition from cheap prison labor.
8. The growing numbers of women in prison is usually associated with difficulties such as the nature of the women's crimes , family histories, and child care issues.
9. Violent crimes rapidly increased in recent years, usually from prisoners involved in gangs (prison gangs), such as instigating riots.
10. Freedom of religion and right to privacy are some basic rights prisoners have.
1. Pennsylvania system- a philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders from being corrupted by mixing with other offenders.
2. Auburn system- A philosophy of imprisonment that emphasized labor and meditation. Offenders worked every day, but they did so in complete silence.
3. Penitentiaries- maximum security federal correctional institutions
4. Correctional institutions- medium security federal correctional institutions
5. Metropolitan correctional centers (detention centers)- federal jail facilities for pretrial detention and for those serving short sentences.
6. Prisoners tend to be poorly educated and to come from single-parent households where alcohol and drugs were used. Many were physically or sexually abused and have family members who have been incarcerated.
7. Nearly all observers have viewed inmate work favorably, but business people and labor organizations fear competition from cheap prison labor.
8. The growing numbers of women in prison is usually associated with difficulties such as the nature of the women's crimes , family histories, and child care issues.
9. Violent crimes rapidly increased in recent years, usually from prisoners involved in gangs (prison gangs), such as instigating riots.
10. Freedom of religion and right to privacy are some basic rights prisoners have.
Chapter 12
Chapter 12- Trials and Sentencing
This chapter focuses on, (1) what happens at trial, (2) how do judges decided on a sentence, (3) how do sentencing options differ, (3) how does the Eight Amendment restrict sentencing, and lastly (4) what is the answer on the death penalty debate.
1. What happens at trial?- jury selection, witness testimony and evidence, defense strategies, arguments and outcomes, retribution and incapacitation, deterrence and rehabilitation, probation, restitution and incarceration, and the presentence report. As Professor McNinch stated, “in criminal justice, the process is the punishment.”
2. How do sentencing options differ? Judges may choose sentences within a range established by law.
3. Intermediate sentencing- empowers the judges to set a maximum sentence (up to the limit set by the legislature) and sometimes a minimum sentence for the offender to serve in prison.
4. Determinate sentencing- permits the judges to impose fixed sentences that cannot be altered by a parole board
5. Sentencing guidelines- a middle ground between indeterminate and determinate sentencing. The guidelines are developed by commissions that examine averages of past sentences for various combinations of offenders and offenses.
6. The Eight Amendment bars excessive bail, excessive fines, and cruel and unusual punishment.
7. Cruel and unusual punishment – a portion in the Eight Amendment prohibiting criminal penalties that violate “evolving standards of decency that mark the progress of a maturing society.”
8. The Supreme Court has ruled that the death penalty is cruel and unusual punishment except in the cases of murder.
9. Supporters of the death penalty believe that it is a necessary punishment as retribution for the life unlawfully taken.
10. Analysis of DNA evidence has proved that suspects are convicted in error more often than was previously imagined.
This chapter focuses on, (1) what happens at trial, (2) how do judges decided on a sentence, (3) how do sentencing options differ, (3) how does the Eight Amendment restrict sentencing, and lastly (4) what is the answer on the death penalty debate.
1. What happens at trial?- jury selection, witness testimony and evidence, defense strategies, arguments and outcomes, retribution and incapacitation, deterrence and rehabilitation, probation, restitution and incarceration, and the presentence report. As Professor McNinch stated, “in criminal justice, the process is the punishment.”
2. How do sentencing options differ? Judges may choose sentences within a range established by law.
3. Intermediate sentencing- empowers the judges to set a maximum sentence (up to the limit set by the legislature) and sometimes a minimum sentence for the offender to serve in prison.
4. Determinate sentencing- permits the judges to impose fixed sentences that cannot be altered by a parole board
5. Sentencing guidelines- a middle ground between indeterminate and determinate sentencing. The guidelines are developed by commissions that examine averages of past sentences for various combinations of offenders and offenses.
6. The Eight Amendment bars excessive bail, excessive fines, and cruel and unusual punishment.
7. Cruel and unusual punishment – a portion in the Eight Amendment prohibiting criminal penalties that violate “evolving standards of decency that mark the progress of a maturing society.”
8. The Supreme Court has ruled that the death penalty is cruel and unusual punishment except in the cases of murder.
9. Supporters of the death penalty believe that it is a necessary punishment as retribution for the life unlawfully taken.
10. Analysis of DNA evidence has proved that suspects are convicted in error more often than was previously imagined.
Chapter 11
Chapter 11- Trial Defense and Prosecution
This chapter mainly focuses on the, (1) the rights of the accused, (2) how the cases are settled without trial, and, (3) some of the problems of the court system. Here is a list of the top 10 interesting facts, I learned from reading them.
1. Right to counsel- is the sixth amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. Gideon v. Wainwright-Clarence Earl Gideon was charged of breaking into a poolroom and during his trial he was denied the right to have a lawyer or counsel defend him, after requesting for one. A after his case, the court made the right to counsel during felony trials binding on all the states. This case established the scope of the right to counsel.
3. Effective counsel- competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
4. Nolle prosequi- a decision by a prosecutor not to press charges; also known as nol.pros.
5. Plea bargaining- an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
6. Speedy Trial Act- legislation requires that all criminal cases be brought to trial within one hundred days.
7. Caseloads- the large numbers of cases to be adjudicated in the courts; also one of the many problems in the court.
8. Case mortality- case attrition, in which arrests do not result in convictions for various reasons.
9. “Three strikes” laws- laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
10. A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act.
This chapter mainly focuses on the, (1) the rights of the accused, (2) how the cases are settled without trial, and, (3) some of the problems of the court system. Here is a list of the top 10 interesting facts, I learned from reading them.
1. Right to counsel- is the sixth amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. Gideon v. Wainwright-Clarence Earl Gideon was charged of breaking into a poolroom and during his trial he was denied the right to have a lawyer or counsel defend him, after requesting for one. A after his case, the court made the right to counsel during felony trials binding on all the states. This case established the scope of the right to counsel.
3. Effective counsel- competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
4. Nolle prosequi- a decision by a prosecutor not to press charges; also known as nol.pros.
5. Plea bargaining- an agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
6. Speedy Trial Act- legislation requires that all criminal cases be brought to trial within one hundred days.
7. Caseloads- the large numbers of cases to be adjudicated in the courts; also one of the many problems in the court.
8. Case mortality- case attrition, in which arrests do not result in convictions for various reasons.
9. “Three strikes” laws- laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
10. A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act.
Sunday, May 16, 2010
March 8, 2010- Murder Case
In class we discussed a local case of a man who was murdered inside his Yona home by teenagers (boys from the age of 16-18 years old). According to the PDN files, five teenagers were charged on the murder of this Yona man. In class we also discussed the challenges juveniles or young criminals who face the absence of realizing the consequences of reality. This case was also linked with marijuana and robbery. The teenagers initially wanted to steal the Yona man's marijuana in his home, but when the Yona man fought back, things got ugly. The teens used a bat (also stolen from the Yona man's home) to beat the Yona man on the head with. With further PDN files, all five teenagers are being charged as adults and pleaded not guilty.
In class we also discussed the risks drug users and drug dealers face. Because of the involvement of drugs in their lives, they are more pronged to crimes, most especially murders.
In class we also discussed the risks drug users and drug dealers face. Because of the involvement of drugs in their lives, they are more pronged to crimes, most especially murders.
Culture Society and Music
* notes from the Culture Society and Music Presentation from Professor McNinch.
The University of Guam chose to have 55 credits out of 124 credits to be from the General Education courses because the university wants its students to be well-rounded. The university wants students to have basic knowledge of other topics or majors other than their (the student's) chosen major.
The Criminal Justice System is constantly changing. The system needs those who are (1) adaptive, (2) and addresses change (in other words, those who are prepared for change). Don't leave Education to Educators, Don't leave Psychology to Psychologists. Professor McNinch also adds that we should study technology, social effects and trends throughout our lives. We should learn to visualize change before it happens. And also to strive for the edge.
In this presentation, Professor McNinch added that "We [humans] live our lives in contrast." Such as (1) Intimacy and Isolation, (2) Ambition and Fear, (3) Love and Hate, (4) Desire and Taboo, and (5) Stability and Apathy.
Lastly, he associated the change music has adapted to through the past decades. In 1965, five groups came to the US from England. These groups are (1) The Beatles, (2) The WHO, (3) The Rolling Stones, (4) The Animals, and lastly, (5) The Kinks. All the listed groups were heavily influenced by US music. Such as Elvis Presley. Some of the groups did revivals of some songs from US artists a few decades before their popularity boom in the U.S. However these groups introduced new items to the U.S. Such as electric guitars and amps.
The University of Guam chose to have 55 credits out of 124 credits to be from the General Education courses because the university wants its students to be well-rounded. The university wants students to have basic knowledge of other topics or majors other than their (the student's) chosen major.
The Criminal Justice System is constantly changing. The system needs those who are (1) adaptive, (2) and addresses change (in other words, those who are prepared for change). Don't leave Education to Educators, Don't leave Psychology to Psychologists. Professor McNinch also adds that we should study technology, social effects and trends throughout our lives. We should learn to visualize change before it happens. And also to strive for the edge.
In this presentation, Professor McNinch added that "We [humans] live our lives in contrast." Such as (1) Intimacy and Isolation, (2) Ambition and Fear, (3) Love and Hate, (4) Desire and Taboo, and (5) Stability and Apathy.
Lastly, he associated the change music has adapted to through the past decades. In 1965, five groups came to the US from England. These groups are (1) The Beatles, (2) The WHO, (3) The Rolling Stones, (4) The Animals, and lastly, (5) The Kinks. All the listed groups were heavily influenced by US music. Such as Elvis Presley. Some of the groups did revivals of some songs from US artists a few decades before their popularity boom in the U.S. However these groups introduced new items to the U.S. Such as electric guitars and amps.
Fights around Bars
http://www.cops.usdoj.gov/pdf/e05021561.pdf
Listed above is the link for the U.S. Department of Justice: Assaults in and around Bars.
I felt that this link was pretty useful, however, I rarely (still have not) experienced the night life here on Guam. Otherwise, for future references and even to pass on the ideas and tips shared on this link is very helpful. This gives a precised explanation on the actions before and after the assault. In addition, I would like to applaud those who have created this link because it must have been hard to generalize all the problems and assaults in and around bars. However, they [the USDOJ] emphasizes the importance of acknowledging the "local problem."
In the class room, Professor McNinch gave the class a brief explanation of the contributors to the fights (or assaults) around bars. He mentioned that (1) the fewer availabity of females to males and/or (2) excessive amount of alcohol and lastly, (3) crowding, impacts or perhaps are the main reasons why fights (or assaults) begin in bars.
Listed above is the link for the U.S. Department of Justice: Assaults in and around Bars.
I felt that this link was pretty useful, however, I rarely (still have not) experienced the night life here on Guam. Otherwise, for future references and even to pass on the ideas and tips shared on this link is very helpful. This gives a precised explanation on the actions before and after the assault. In addition, I would like to applaud those who have created this link because it must have been hard to generalize all the problems and assaults in and around bars. However, they [the USDOJ] emphasizes the importance of acknowledging the "local problem."
In the class room, Professor McNinch gave the class a brief explanation of the contributors to the fights (or assaults) around bars. He mentioned that (1) the fewer availabity of females to males and/or (2) excessive amount of alcohol and lastly, (3) crowding, impacts or perhaps are the main reasons why fights (or assaults) begin in bars.
Pre-Exam Practice
We had to write an essay on our dream job, how college and this class is preparing us for this job, where we will be in 2025, 2050, and the teaching methods used in the class.
Listed below is my response to the Pre-Exam Practice.
Suzane Santiago
April 7, 2010
LW101- Pre-Exam Practice
My dream job is to become a lawyer. And this career requires a lot of discipline, sacrifice and hard-work. I feel that the University of Guam is preparing me for this career in ways that many people fail to notice. I have noticed that many of the General Education classes in the University prepare the students to become more versatile. Many of my previous professors encourages multi-tasking and being able to handle a lot of things at once and still succeeding or finishing the tasks properly and efficiently The teaching methods in this class is interesting and very different. Many students will agree that this course was the least they expected it to be. The academic sense is more of a self-pace, it is up to you if you want to read the Chapters. Now, if you don’t, it is really your lost as a student. You pay for this course and if you were to just attend all the class meetings and disregard the work, then it is really your time and your money that you are wasting. The lectures are enjoyable and appealing, especially the cases.
In the year 2025, about fifteen years from now I would like to see myself working as an attorney for the government court. I would like to work for the Attorney General of Guam or even in the Supreme or Superior Court. Also, in this year (2025), I would like to see myself as a well-known and established (professional), trusted individual. Perhaps, it is during this time where I have decided whether to run the candidacy of a senator. I’ll admit that I am frightened and afraid of the negative effects a politician must face prior to becoming elected, which is why I am still undecided on this challenge I would like to one day encounter.
In the year 2050, it would be nice to see myself still working as an attorney, perhaps in my own (personally owned) firm. Perhaps, training younger attorneys and still defending clients in the courtrooms. However, I would also, like to establish a name in my mother country, the Philippines. I want to serve as a role model for my fellow Filipinos and children of immigrants. And hopefully, by this time I would have fulfilled many of the goals I have set for myself, including running for the Presidency in the Philippines.
Listed below is my response to the Pre-Exam Practice.
Suzane Santiago
April 7, 2010
LW101- Pre-Exam Practice
My dream job is to become a lawyer. And this career requires a lot of discipline, sacrifice and hard-work. I feel that the University of Guam is preparing me for this career in ways that many people fail to notice. I have noticed that many of the General Education classes in the University prepare the students to become more versatile. Many of my previous professors encourages multi-tasking and being able to handle a lot of things at once and still succeeding or finishing the tasks properly and efficiently The teaching methods in this class is interesting and very different. Many students will agree that this course was the least they expected it to be. The academic sense is more of a self-pace, it is up to you if you want to read the Chapters. Now, if you don’t, it is really your lost as a student. You pay for this course and if you were to just attend all the class meetings and disregard the work, then it is really your time and your money that you are wasting. The lectures are enjoyable and appealing, especially the cases.
In the year 2025, about fifteen years from now I would like to see myself working as an attorney for the government court. I would like to work for the Attorney General of Guam or even in the Supreme or Superior Court. Also, in this year (2025), I would like to see myself as a well-known and established (professional), trusted individual. Perhaps, it is during this time where I have decided whether to run the candidacy of a senator. I’ll admit that I am frightened and afraid of the negative effects a politician must face prior to becoming elected, which is why I am still undecided on this challenge I would like to one day encounter.
In the year 2050, it would be nice to see myself still working as an attorney, perhaps in my own (personally owned) firm. Perhaps, training younger attorneys and still defending clients in the courtrooms. However, I would also, like to establish a name in my mother country, the Philippines. I want to serve as a role model for my fellow Filipinos and children of immigrants. And hopefully, by this time I would have fulfilled many of the goals I have set for myself, including running for the Presidency in the Philippines.
Chapter 10
Chapter 10: Origins and Organization of the Courts
1. In this chapter, criminal courts in the past and [criminal courts] today, were compared. Unlike in the past, defendants could not act as witnesses or take the stand in their own defense. However, today defendants are permitted to testify under oath.
2. U.S. Supreme Court- the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
--This chapter also discusses the participants in the Judicial Process.
3. Prosecutors- also called district, county, state, commonwealth, or U.S. attorneys, depending on the jurisdiction; elected or appointed officials who represent the community in bringing charges against an accused person.
4. Defense Counsel and Defendants (defense attorneys)- attorneys who represent the legal rights of the accused in criminal proceedings.
5. Judges- objectively assesses the strength of a case, rule on issues of law and procedure, and in many cases determines the disposition of a case.
6. Victims and witnesses- "the forgotten players" because no one specifically represents them; they [victims and witnesses] are not appropriately informed of the progress of criminal proceedings or the pending release of offenders from prison.
7. Juries- selected from voter registration records, property tax rolls, or motor vehicle records. The jury pool is supposed to represent the community.
8. Courtroom work group- the prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
--Lastly, this chapter discusses how specialized and alternative courts have change the court systems. Specialized courts have emerged as a way for society to deal more effectively with the problem of drug-related crime.
9. Felony drug courts- courts that handle only drug offenses and attempt to correct underlying causes of the illegal conduct.
10. Dispute Resolution and Community Courts- Mediation and pretrial intervention programs have been instituted partly in response to high caseloads.
-Dispute resolutions: a method of handling complaints outside the judicial process through a mediator appointed by the court.
-Community prosecution: a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
-Community courts: decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
1. In this chapter, criminal courts in the past and [criminal courts] today, were compared. Unlike in the past, defendants could not act as witnesses or take the stand in their own defense. However, today defendants are permitted to testify under oath.
2. U.S. Supreme Court- the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
--This chapter also discusses the participants in the Judicial Process.
3. Prosecutors- also called district, county, state, commonwealth, or U.S. attorneys, depending on the jurisdiction; elected or appointed officials who represent the community in bringing charges against an accused person.
4. Defense Counsel and Defendants (defense attorneys)- attorneys who represent the legal rights of the accused in criminal proceedings.
5. Judges- objectively assesses the strength of a case, rule on issues of law and procedure, and in many cases determines the disposition of a case.
6. Victims and witnesses- "the forgotten players" because no one specifically represents them; they [victims and witnesses] are not appropriately informed of the progress of criminal proceedings or the pending release of offenders from prison.
7. Juries- selected from voter registration records, property tax rolls, or motor vehicle records. The jury pool is supposed to represent the community.
8. Courtroom work group- the prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
--Lastly, this chapter discusses how specialized and alternative courts have change the court systems. Specialized courts have emerged as a way for society to deal more effectively with the problem of drug-related crime.
9. Felony drug courts- courts that handle only drug offenses and attempt to correct underlying causes of the illegal conduct.
10. Dispute Resolution and Community Courts- Mediation and pretrial intervention programs have been instituted partly in response to high caseloads.
-Dispute resolutions: a method of handling complaints outside the judicial process through a mediator appointed by the court.
-Community prosecution: a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
-Community courts: decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
Class Survey
Circle one: Male or Female
Over 40 years old Under 40 years old
1. What crime do you worry about the most?
2. Who is your favorite senator?
3. If you could only choose statehood, independence or
free association; Which would you choose?
4. What good things will come out of the military build-up?
5. What bad things will come out of the military build-up?
6. Should the university or college education be free?
7. How many hours a day do you watch TV?
8. Who do you think will win the special election?
9. Who do you think will be the next delegate elected?
10. Who do you think will be elected governor in the fall?
11. In the special election, please pick one:
Tony Ada or Roque Aguon
12. In the delegate’s race, please pick one:
Madeleine Bordallo or Frank Blas
13. In the governor’s race, please pick one:
Calvo, Cruz, or Gutierrez
14. Should the Guam legislature return to 21 senators?
-Listed above is the class survey that the class was tasked on conducting. This was the first survey where the class analyzed and calculated the results of the survey. I must say, that doing research through surveys is interesting, educational, yet very difficult. Upon conducting the survey, I faced many challenges such as, (1) people not taking the survey seriously, (2) people refusing to take the survey, (3) and awkward/insulting remarks from those who took the survey. However, I learned a lot from conducting this survey.
Over 40 years old Under 40 years old
1. What crime do you worry about the most?
2. Who is your favorite senator?
3. If you could only choose statehood, independence or
free association; Which would you choose?
4. What good things will come out of the military build-up?
5. What bad things will come out of the military build-up?
6. Should the university or college education be free?
7. How many hours a day do you watch TV?
8. Who do you think will win the special election?
9. Who do you think will be the next delegate elected?
10. Who do you think will be elected governor in the fall?
11. In the special election, please pick one:
Tony Ada or Roque Aguon
12. In the delegate’s race, please pick one:
Madeleine Bordallo or Frank Blas
13. In the governor’s race, please pick one:
Calvo, Cruz, or Gutierrez
14. Should the Guam legislature return to 21 senators?
-Listed above is the class survey that the class was tasked on conducting. This was the first survey where the class analyzed and calculated the results of the survey. I must say, that doing research through surveys is interesting, educational, yet very difficult. Upon conducting the survey, I faced many challenges such as, (1) people not taking the survey seriously, (2) people refusing to take the survey, (3) and awkward/insulting remarks from those who took the survey. However, I learned a lot from conducting this survey.
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