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.
Wednesday, March 31, 2010
Obama Survey
We were asked to conduct a survey based on the opinion of 10 different people( Male and Female from under 20 years old to over 50 years old), And ask, :If you could spend a minute and talk directly to President Obama what would you say?
And these were the replies I received,
Why would you want to be president when there are other careers that pay more is it because of the benefits? [I don’t believe you when you say you want to lead America out of recession or whatever.] And countries won’t hate you if you do something wrong.
Who is your favorite president? Why?
-Anna, 14
I would talk about the military build-up. And how they're gona take Pagat as a shooting Range...and they might take close down the raceway.
-Dennis, 15
How does it feel to be the first African American president of the United States of America?"
How has your life changed since you got into presidency? What do you feel was your biggest accomplishment so far since you stepped into presidency?
-Abegail, 20
"What’s up with military build-up?" "What are you doing for Guam?"
"What is the real reason behind your visit here on Guam?"
Is the relocation not going smoothly?
What are the concerns on the impact of a population growth that large that quickly?
Who are you working most closely here that guided you to need to visit yourself?
-Raf ,22
Are you in favor of the military build-up on Guam? Personally, would you want our island flooded with 8,000 marines? And why?
-Frances, 38
Do aliens really exist? I have heard that when a President gets elected, they get a briefcase with top secret documents.
-Sam, 30
Are there other ways of raising the minimum wage and possibly not raising taxes? Raising minimum wage would help the many working-class, like myself, a lot, please find ways in doing so.
-Rose, 42
What is your input on Guam becoming a state? Do you support it or not? And why? What is stopping Guam from becoming a state?
-Tom, 41
To really end "Slavery" for all U.S. citizens, so we can have the same freedom like any other US citizen in CONUS. (Continental U.S.) To give the Chamorus what they actually deserved not what the Federal Government want the local people to have.
-John-Ray, 55
How would you deal with the negative responses from Guam’s residence regarding the military build-up? How would you convince Guam’s residence that the military build-up will provide a positive outcome to our island?
-Gloria, 53
---I Really enjoyed this assignment, I felt that I learned a lot from it (especially from the responses I received)
And these were the replies I received,
Why would you want to be president when there are other careers that pay more is it because of the benefits? [I don’t believe you when you say you want to lead America out of recession or whatever.] And countries won’t hate you if you do something wrong.
Who is your favorite president? Why?
-Anna, 14
I would talk about the military build-up. And how they're gona take Pagat as a shooting Range...and they might take close down the raceway.
-Dennis, 15
How does it feel to be the first African American president of the United States of America?"
How has your life changed since you got into presidency? What do you feel was your biggest accomplishment so far since you stepped into presidency?
-Abegail, 20
"What’s up with military build-up?" "What are you doing for Guam?"
"What is the real reason behind your visit here on Guam?"
Is the relocation not going smoothly?
What are the concerns on the impact of a population growth that large that quickly?
Who are you working most closely here that guided you to need to visit yourself?
-Raf ,22
Are you in favor of the military build-up on Guam? Personally, would you want our island flooded with 8,000 marines? And why?
-Frances, 38
Do aliens really exist? I have heard that when a President gets elected, they get a briefcase with top secret documents.
-Sam, 30
Are there other ways of raising the minimum wage and possibly not raising taxes? Raising minimum wage would help the many working-class, like myself, a lot, please find ways in doing so.
-Rose, 42
What is your input on Guam becoming a state? Do you support it or not? And why? What is stopping Guam from becoming a state?
-Tom, 41
To really end "Slavery" for all U.S. citizens, so we can have the same freedom like any other US citizen in CONUS. (Continental U.S.) To give the Chamorus what they actually deserved not what the Federal Government want the local people to have.
-John-Ray, 55
How would you deal with the negative responses from Guam’s residence regarding the military build-up? How would you convince Guam’s residence that the military build-up will provide a positive outcome to our island?
-Gloria, 53
---I Really enjoyed this assignment, I felt that I learned a lot from it (especially from the responses I received)
Chapter 9
Chapter 9- Issues in Law Enforcement and Police Behavior
1. Racial Profiling- where the police are accused of stopping and searching minorities for minor violations more than whites.
*after the 9/11 (September 11 attacks), the United States security became more strict because now, everyone is being watched
*Three styles of policing have been identified that characterize different approaches to the management of police discretion:
2. Watchman style- emphasizes the maintenance of order; Police may use both formal methods (arrest) and informal methods (warnings or threats) to maintain order
3. Legalistic style- focuses more strictly on law violations than on the maintenance of order
4. Service style- approaches law enforcement from a broad problem-solving perspective
5. Police stress- emotional pressure produced by the nature of police work; such as public apathy, exposure to criminals and injury to fellow officers
6. Anomie- no rules or control; 95% of problems come from not following procedures
7. Authoritarianism- tendency to favor blind obedience to authority; " you should listen t me, because I tell you to"
8. Selective enforcement- police cannot enforce every single law
9. Malfeasance- doing bad acts or illegal acts
10. Misfeasance- not doing the job properly
1. Racial Profiling- where the police are accused of stopping and searching minorities for minor violations more than whites.
*after the 9/11 (September 11 attacks), the United States security became more strict because now, everyone is being watched
*Three styles of policing have been identified that characterize different approaches to the management of police discretion:
2. Watchman style- emphasizes the maintenance of order; Police may use both formal methods (arrest) and informal methods (warnings or threats) to maintain order
3. Legalistic style- focuses more strictly on law violations than on the maintenance of order
4. Service style- approaches law enforcement from a broad problem-solving perspective
5. Police stress- emotional pressure produced by the nature of police work; such as public apathy, exposure to criminals and injury to fellow officers
6. Anomie- no rules or control; 95% of problems come from not following procedures
7. Authoritarianism- tendency to favor blind obedience to authority; " you should listen t me, because I tell you to"
8. Selective enforcement- police cannot enforce every single law
9. Malfeasance- doing bad acts or illegal acts
10. Misfeasance- not doing the job properly
Chapter 7 and Chapter 8
Listed below are some of the important* facts throughout Chapter 7 (Criminal Procedure and the Police) and Chapter 8 (Origins and Organizations of Law)
Chapter 7- Criminal Procedure and the Police
1. The role of the police in the criminal procedure are as the gatekeepers; the police must observe behavior and make judgments about possible criminal behaviors in order to prevent crime and apprehend criminals.
2. Frisk- a patting down of the outer clothing of a suspect (based on reasonable suspicion); it is designed to protect the police officer from getting attacked by a weapon during the "frisk"
3. Search- inspection of a person or property based on probable cause of law violation
4. Seizure- confiscation of property occurring when there is some meaningful interference with the individual's possession of property
5. Exclusionary rule- a legal principle that holds that illegally seized evidence must be excluded from use in trials
6. Searches with the exceptions to the warrant requirement include:
(a) searches incident to a lawful arrest (b) searches with voluntary consent (c) plain view searches (d)searches of automobile and their contents (e) open fields and abandoned properties
7. Miranda warning- a five-point warning derived from the case of Miranda v. Arizona. Its purpose is to provide fair notice to crime suspects of their basic constitutional rights
8. Public Safety Exception- the Police may omit the Miranda warning (prior to questioning a suspect) if the public safety is jeopardized
9. Fifth Amendment- provides for grand juries protection against double jeopardy and protection from self incrimination
10. The importance of confessions to police work is limited because most suspects are taken into custody based on other evidence.
Chapter 8- Origins and Organizations of Law Enforcement
1. Mutual pledge system- residents can be held responsible for the actions of their neighbors; a system of community responsibility used during the Middle Ages in Britain
2. Watch and ward system- a system used ( in England established 1285) to help constables in their law enforcement efforts. Men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable
3. The invention of gin (by a Dutch chemist during the 17th century) was the catalyst that triggered a more organized effort towards the establishment of public policing
4. Bow street racing- Henry Fielding organized a mounted patrol to guard highways; quickly established a reputation for their ability to catch criminals
5. preventive police- the first organized police department in London established 1829
6. Crime commissions- focused on improved operations of the criminal justice system as the best way to reduce crime
7. Professionalization- changes in the police organization, administration, and technology aimed at improving the efficiency of the police in the deterrence and apprehension of criminals
8. Local police- the police department of municipalities; local law enforcements also includes county sheriffs and special police agencies such as park, airport, transit and university police.
9. Community policing- a service-oriented style of law enforcement that focuses on the disorder in the community, crime preventions, and fear reduction ( as opposed to the traditional focus on serious* street crimes)
10. Policing faces a dilemma: There is a need to organize law enforcement efforts in a more effective way. However, there is also a reluctance to provide the necessary resources and authority
Chapter 7- Criminal Procedure and the Police
1. The role of the police in the criminal procedure are as the gatekeepers; the police must observe behavior and make judgments about possible criminal behaviors in order to prevent crime and apprehend criminals.
2. Frisk- a patting down of the outer clothing of a suspect (based on reasonable suspicion); it is designed to protect the police officer from getting attacked by a weapon during the "frisk"
3. Search- inspection of a person or property based on probable cause of law violation
4. Seizure- confiscation of property occurring when there is some meaningful interference with the individual's possession of property
5. Exclusionary rule- a legal principle that holds that illegally seized evidence must be excluded from use in trials
6. Searches with the exceptions to the warrant requirement include:
(a) searches incident to a lawful arrest (b) searches with voluntary consent (c) plain view searches (d)searches of automobile and their contents (e) open fields and abandoned properties
7. Miranda warning- a five-point warning derived from the case of Miranda v. Arizona. Its purpose is to provide fair notice to crime suspects of their basic constitutional rights
8. Public Safety Exception- the Police may omit the Miranda warning (prior to questioning a suspect) if the public safety is jeopardized
9. Fifth Amendment- provides for grand juries protection against double jeopardy and protection from self incrimination
10. The importance of confessions to police work is limited because most suspects are taken into custody based on other evidence.
Chapter 8- Origins and Organizations of Law Enforcement
1. Mutual pledge system- residents can be held responsible for the actions of their neighbors; a system of community responsibility used during the Middle Ages in Britain
2. Watch and ward system- a system used ( in England established 1285) to help constables in their law enforcement efforts. Men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable
3. The invention of gin (by a Dutch chemist during the 17th century) was the catalyst that triggered a more organized effort towards the establishment of public policing
4. Bow street racing- Henry Fielding organized a mounted patrol to guard highways; quickly established a reputation for their ability to catch criminals
5. preventive police- the first organized police department in London established 1829
6. Crime commissions- focused on improved operations of the criminal justice system as the best way to reduce crime
7. Professionalization- changes in the police organization, administration, and technology aimed at improving the efficiency of the police in the deterrence and apprehension of criminals
8. Local police- the police department of municipalities; local law enforcements also includes county sheriffs and special police agencies such as park, airport, transit and university police.
9. Community policing- a service-oriented style of law enforcement that focuses on the disorder in the community, crime preventions, and fear reduction ( as opposed to the traditional focus on serious* street crimes)
10. Policing faces a dilemma: There is a need to organize law enforcement efforts in a more effective way. However, there is also a reluctance to provide the necessary resources and authority
Chapter 5 and Chapter 6
Listed below are some of the important* facts throughout Chapter 5 (Criminal Law) and Chapter 6 (The Criminal Justice System).
*(in my opinion they are important)
Chapter 5- Criminal Law
1. Criminal Law is the set of formal rules designed to maintain social control`
2. Substantive criminal law are laws defining the specific behaviors prohibited under the criminal law
3. Procedural law-rules of adjudication of individuals suspected of violating the law
*All states as well as the federal government have both substantive and procedural criminal laws, which vary somewhat among jurisdictions
4. Constitutions are used by society as a major source that guides their enactment of special laws and the application of those laws by courts.
5. Statutes are specific laws passed by legislatures that prohibit or mandate certain acts
6. Court decisions (or case laws) involves the judges' interpreting laws passed by legislatures to determine their applicability in a given case or to clarify their meaning
7. Administrative regulations are rules applied to organizations that are designed to protect public health, safety, and welfare in the market place
* Listed above are the four main sources of Criminal Law.
8. Criminal Justice System are independent government agencies that have been set up to deal with different aspects of crime and treatment of offenders, including law enforcement, the courts, and corrections
9. Due process is a legal protection included in the United States constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures
10. Intention is the conscious purposiveness; a factor in the determination of criminal responsibility
Chapter 6- The Criminal Justice System
*The main types of criminal justice agencies are law enforcement agencies, courts (including trial and appeal courts) and correctional systems. All three types are found at all three levels of government (federal, state, and local).
1. The criminal justice system process acts like a filter in which the agencies of criminal justice each capture a share of law violators.
2. Law enforcement agencies main tasks are: (a) to protect people and their rights (b) apprehend those who violate laws (c) prevent crimes and (d) provide social services; also known as policing
*Courts (both state and federal court system) have three basic types of jurisdiction:
3. Limited Jurisdiction which have narrow legal authority over specific types of matters
4. General Jurisdiction have most trials for felonies also trials in major civil cases
5. Appellate Jurisdiction review specific legal issues raised in trial courts.,
*Corrections, exist at all three levels of government (federal, state, and local)
6. Local jails are facilities used to detain adults awaiting trial and offenders serving sentences of one year or less
7. Probation is a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer
8. Procedural law specifies how people accused of crimes will be treated
9. Probable cause is a reasonable link between a specific person and a particular crime; the legal threshold required before the police can arrest or search an individual
10. Warrant is a sworn statement by police gar attest to the existence of a probable cause in a given case; it is signed by a judge who agrees with the officer's assesment of the facts
*(in my opinion they are important)
Chapter 5- Criminal Law
1. Criminal Law is the set of formal rules designed to maintain social control`
2. Substantive criminal law are laws defining the specific behaviors prohibited under the criminal law
3. Procedural law-rules of adjudication of individuals suspected of violating the law
*All states as well as the federal government have both substantive and procedural criminal laws, which vary somewhat among jurisdictions
4. Constitutions are used by society as a major source that guides their enactment of special laws and the application of those laws by courts.
5. Statutes are specific laws passed by legislatures that prohibit or mandate certain acts
6. Court decisions (or case laws) involves the judges' interpreting laws passed by legislatures to determine their applicability in a given case or to clarify their meaning
7. Administrative regulations are rules applied to organizations that are designed to protect public health, safety, and welfare in the market place
* Listed above are the four main sources of Criminal Law.
8. Criminal Justice System are independent government agencies that have been set up to deal with different aspects of crime and treatment of offenders, including law enforcement, the courts, and corrections
9. Due process is a legal protection included in the United States constitution that guarantees all citizens the right to be adjudicated under established law and legal procedures
10. Intention is the conscious purposiveness; a factor in the determination of criminal responsibility
Chapter 6- The Criminal Justice System
*The main types of criminal justice agencies are law enforcement agencies, courts (including trial and appeal courts) and correctional systems. All three types are found at all three levels of government (federal, state, and local).
1. The criminal justice system process acts like a filter in which the agencies of criminal justice each capture a share of law violators.
2. Law enforcement agencies main tasks are: (a) to protect people and their rights (b) apprehend those who violate laws (c) prevent crimes and (d) provide social services; also known as policing
*Courts (both state and federal court system) have three basic types of jurisdiction:
3. Limited Jurisdiction which have narrow legal authority over specific types of matters
4. General Jurisdiction have most trials for felonies also trials in major civil cases
5. Appellate Jurisdiction review specific legal issues raised in trial courts.,
*Corrections, exist at all three levels of government (federal, state, and local)
6. Local jails are facilities used to detain adults awaiting trial and offenders serving sentences of one year or less
7. Probation is a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer
8. Procedural law specifies how people accused of crimes will be treated
9. Probable cause is a reasonable link between a specific person and a particular crime; the legal threshold required before the police can arrest or search an individual
10. Warrant is a sworn statement by police gar attest to the existence of a probable cause in a given case; it is signed by a judge who agrees with the officer's assesment of the facts
Tuesday, February 9, 2010
Day 7- February 10, 2010
We had a presentation on the Marine Patrol and Executive Security which are both in the Operations Bureau (under the Special Operations Division).
The Marine Patrol Section works with the Fired Department and United States Coast Guard. They are responsible for providing safe boating for the residents of Guam. They provide an eight hour course that reviews the safety precautions and procedures in the water. He also explained the common causes for boating accidents and showed pictures of boating accidents. He explained that it is the law that anyone who is under the age of 16 must wear a floating device or safety vest while on a vessel/boat. He could not stress the importance of safety in the waters. He also said that it doesn't matter how good of a swimmer one maybe, if the waters are rough, you will drown.
The Executive Security Section is responsible of the Head of state(visiting Guam), VIP (indicated by the Governor), and the Governor and Lt. Governor and their families. They must know how to prevent and react to attacks or threats. They must always anticipate what will happen next and think ten seconds ahead.
The Marine Patrol Section works with the Fired Department and United States Coast Guard. They are responsible for providing safe boating for the residents of Guam. They provide an eight hour course that reviews the safety precautions and procedures in the water. He also explained the common causes for boating accidents and showed pictures of boating accidents. He explained that it is the law that anyone who is under the age of 16 must wear a floating device or safety vest while on a vessel/boat. He could not stress the importance of safety in the waters. He also said that it doesn't matter how good of a swimmer one maybe, if the waters are rough, you will drown.
The Executive Security Section is responsible of the Head of state(visiting Guam), VIP (indicated by the Governor), and the Governor and Lt. Governor and their families. They must know how to prevent and react to attacks or threats. They must always anticipate what will happen next and think ten seconds ahead.
Day 6- February 8, 2010
Sgt. Chaco gave a presentation on the Training and Staff Development Section which falls in the Services Bureau (under the Administration Division). The Training and Staff Development Section is responsible for overseeing the Guam Police Department training program. They must deal with all of the paper work and the physical training. He also went over some of the demographics in the Police Department such as: 287- overall officers in GPD;6 6-Detention Officers; 18-women in GPD (16-officers and 2-Detention Officers) Then, he went over the process one must go through before being eligible for the Police Academy. Take the test and pass with a 70 or over, a GPD oral interview, polygraph testing, drug testing, background check and psychological evaluation. The requirements are a (1) high school diploma (2) valid driver's license (3)must be over 18. He went over the 26-week cycle of the Police Academy. All the courses and daily routines the recruits go through. The most interesting thing I learned from this presentation was that Police Officers do not need a firearms license unless they own a gun. But, when handling a gun given by the Police Department they do not need a firearms I.D.
Day 5- February 3, 2010
The Guam Police Department Special Weapons and Tactics (SWAT) presented on their division which falls under the Operations Bureau (Special Operations Division). Sgt. Chaco shared some of his experiences along with the other SWAT officers. He shared with us that along the way, they have made a few mistakes during their operations. One of them were during an arrest of two prisoners who escaped, the detective in charge of the case gave the wrong information to them therefore causing the SWAT team to break into a home of an innocent family instead of breaking into the house across the street. But, the family knew who the officers were looking for, and in fact that family were the ones who gave the "tips" on the whereabouts of the prisoners. An important lesson they gave was regarding the issue of operating with force. The most important thing to remember is presence. Then follows, verbal tactics then physical tactics. An interesting fact I learned about the SWAT was that they do not need a warrant of arrest when they arrest, prisons that have escaped.
Saturday, February 6, 2010
Day 4- February 1, 2010
Our guest speaker was Richard Cress, Sgt. I, G.P.D., he holds many positions for the Guam Police Department. During his presentation he explained the different departments and divisions in our island’s police system. I learned so much from his presentation, but I would like to list my top 10 favorites. (I intend to treat his presentation as if it was one of the Chapters in our book)
Guam Police Department Presentation- Richard Cress, Sgt. I, G.P.D.
1. The Chief of Police is appointed by the Governor. This appointee can be a police officer or even a civilian. As long as the Governor feels the appointee obtains the skills to perform his job effectively.
2. The Chief of Police established the goals of the Police Department
3. The Chief of Police in charge of hiring the recruits.
4. Special Staff Assistant (SACOP)- This department has all uniformed officers and their job is to screen the reports that will be handed to the Chief of Police. They are also responsible for informing the chief of all events and functions the department will be a part of.
5. The Auxiliary Services handles the internal affairs, legal section, intelligence unit, polygraph office, chaplain, public affairs office, community affairs and victim’s assistance unit.
6. Public Affairs are in charge of informing the public or media, rather than having the press and reporters harassing victims, suspects, witnesses, or anyone involved in a crime, the media must contact the Public Affairs Officer for information that the police department is willing to release.
7. The Community affairs enhance the relationship between the community and the police department.
8. The Internal Affairs section investigates the police officers. If there are cases filed against police officers, it is the responsibility of the internal affairs to examine and investigate the cases.
9. Under the Police Commander there are two departments, Operations and Investigations Bureau. The Operations Bureau includes, Special Operations Divisions, neighborhood patrol, and highway patrol divisions. Criminal investigations and forensic science divisions make up the Investigations Bureau
10. The Highway patrol division enforcers the rules of the roadway. The biggest issue facing the United States is DUI or Driving under the Influence. The police department has tried many awareness projects to inform the crucial and deadly effects of it.
Guam Police Department Presentation- Richard Cress, Sgt. I, G.P.D.
1. The Chief of Police is appointed by the Governor. This appointee can be a police officer or even a civilian. As long as the Governor feels the appointee obtains the skills to perform his job effectively.
2. The Chief of Police established the goals of the Police Department
3. The Chief of Police in charge of hiring the recruits.
4. Special Staff Assistant (SACOP)- This department has all uniformed officers and their job is to screen the reports that will be handed to the Chief of Police. They are also responsible for informing the chief of all events and functions the department will be a part of.
5. The Auxiliary Services handles the internal affairs, legal section, intelligence unit, polygraph office, chaplain, public affairs office, community affairs and victim’s assistance unit.
6. Public Affairs are in charge of informing the public or media, rather than having the press and reporters harassing victims, suspects, witnesses, or anyone involved in a crime, the media must contact the Public Affairs Officer for information that the police department is willing to release.
7. The Community affairs enhance the relationship between the community and the police department.
8. The Internal Affairs section investigates the police officers. If there are cases filed against police officers, it is the responsibility of the internal affairs to examine and investigate the cases.
9. Under the Police Commander there are two departments, Operations and Investigations Bureau. The Operations Bureau includes, Special Operations Divisions, neighborhood patrol, and highway patrol divisions. Criminal investigations and forensic science divisions make up the Investigations Bureau
10. The Highway patrol division enforcers the rules of the roadway. The biggest issue facing the United States is DUI or Driving under the Influence. The police department has tried many awareness projects to inform the crucial and deadly effects of it.
Day 3- January 27, 2010
On our third day of class, Professor Mcninch informed us that he will be out of town for the next two weeks, however guests speakers and presentations will be conducted by various federal government employees. Also, we went over Chapters 3 and 4.
Chapter 3- Defining and measuring crime
1. Crimes are classified into three different areas: crimes against persons, crimes against property and crimes against public order.
2. Criminal homicide- “homi”- man , “cide” kill; kill a person
3. Mercy killings, wars, self-defense, and surgery are examples of legal killings.
4. Murder- intentional killings
5. Manslaughter- causing a death recklessly or intentionally, under certain circumstances.
6. Recklessness- disregard of normal behavior
7. Simple assault- making someone afraid; actions intended to injure another person
8. Aggravated assault- actions intended to seriously hurt or even cause death to another person
9. Robbery- using force to steal or take possessions of others
10. Uniform Crime Reports (UCR) - data for FBI that keeps track of all the crimes in the U.S.
Chapter 4- Perpetrators and Victims of Crime
1. In 1985, the definition of sexual assault, changed dramatically. Which therefore increased crime rates because certain actions were now called sexual assault. (i.e. date rape)
2. Bowers v. Hardwick Case, during the 1980s two men were arrested for practicing sodomy. They challenged the courts regarding the issue of intruding into others sexual activity.
3. Time and people change, therefore so do the laws.
4. In the recent 30 years, there have been many laws created to protect both women and children.
5. The FBI Uniform Crime Reports gathers information of those arrested.
6. Intimate partner violence- partner abuse; physical assaults between those intimate or romantic relationships, such as former spouses or boyfriends and girlfriends.
7. Other than rape, mostly men are victims of violent crimes.
8. Asians have the lowest (of any ethnic or racial groups) victimization rate in the United States
9. Crime profiling- used to have better understanding and preventing crime; to investigate crime incidents in order to distinct the qualities of a victim, offender and situations
10. Crime scene profiling- to investigate the place, time, and physical evidence of a crime scene
Chapter 3- Defining and measuring crime
1. Crimes are classified into three different areas: crimes against persons, crimes against property and crimes against public order.
2. Criminal homicide- “homi”- man , “cide” kill; kill a person
3. Mercy killings, wars, self-defense, and surgery are examples of legal killings.
4. Murder- intentional killings
5. Manslaughter- causing a death recklessly or intentionally, under certain circumstances.
6. Recklessness- disregard of normal behavior
7. Simple assault- making someone afraid; actions intended to injure another person
8. Aggravated assault- actions intended to seriously hurt or even cause death to another person
9. Robbery- using force to steal or take possessions of others
10. Uniform Crime Reports (UCR) - data for FBI that keeps track of all the crimes in the U.S.
Chapter 4- Perpetrators and Victims of Crime
1. In 1985, the definition of sexual assault, changed dramatically. Which therefore increased crime rates because certain actions were now called sexual assault. (i.e. date rape)
2. Bowers v. Hardwick Case, during the 1980s two men were arrested for practicing sodomy. They challenged the courts regarding the issue of intruding into others sexual activity.
3. Time and people change, therefore so do the laws.
4. In the recent 30 years, there have been many laws created to protect both women and children.
5. The FBI Uniform Crime Reports gathers information of those arrested.
6. Intimate partner violence- partner abuse; physical assaults between those intimate or romantic relationships, such as former spouses or boyfriends and girlfriends.
7. Other than rape, mostly men are victims of violent crimes.
8. Asians have the lowest (of any ethnic or racial groups) victimization rate in the United States
9. Crime profiling- used to have better understanding and preventing crime; to investigate crime incidents in order to distinct the qualities of a victim, offender and situations
10. Crime scene profiling- to investigate the place, time, and physical evidence of a crime scene
Tuesday, January 26, 2010
Day 2- Janurary 25, 2010
On our second day of class, we reviewed "the rules" from last class meeting. Such as appearance, Lawtenberg Amendment, and the primacy effect. During this class meeting, he explained this assignment, "blogging." I was very excited because I used to blog during my middle and high school days. The basic rules of this blog are; (a) at least 100 words (b1) explain/discuss the lessons/materials learned in class (b2)list 10 interesting facts for each Chapter covered in class (c) discuss the events of and related to the class. As a class we went over the terminologies of Chapters 1 (Perspectives on Criminal Justice) & 2 (The nature and causes of crime).
Chapter 1 (Perspectives on Criminal Justice)
1. Media Portrayals- Media obscures the truth at some point, because their main goal is to keep us interested, therefor we are sometimes mislead or misinformed
2. Gallup poll on crime- guessing or assumptions on crimes
3. Vigilantism- when citizens take matters into their own hands w/o the permission of a law enforcement personnel
4. Scapegoating- Unfairly blaming others for crimes
5. Felonies- serious crime where the penalty is more than a year or $1,000
6. Misdemeanors- less serious crimes where the penalty is less than a year and under $1,000.
7. Criminalization- making things illegal
8. Decriminalization- changing a crime into a noncriminal act
9. Victimless crimes- where the offender and victim are the same people; or the behavior is consensual
10. Criminal Justice- law and order; management of police, courts and corrections and the study of causes of and treatment for crime
Chapter 2 (Nature and Causes of Crime)
1. Norms- social expectations of good behavior under different circumstances
2. Deviance- violation of the social norm, rudeness, disobedience, or gossiping
3. Mala in se- crimes evil within in themselves (i.e. robbery or murder)
4. Mala prohibitia- crimes that are evil because we believe/say it is so
5. Offenses against morality- crimes such as adultery, prostitution or gambling
6. Over criminalization- "over kill" not clearly defining the differences between inappropriate acts and criminal acts
7. Legalization- to allow certain acts to be practices or removing prohibited law from a criminal law
8. Positivism- individual human behavior is determined by the internal and external influences
9. Ethical view-sees crime as a moral failure in decision making
10. Labeling theory- by assuming someone is a bad person, we are actually encouraging that person to be bad
Chapter 1 (Perspectives on Criminal Justice)
1. Media Portrayals- Media obscures the truth at some point, because their main goal is to keep us interested, therefor we are sometimes mislead or misinformed
2. Gallup poll on crime- guessing or assumptions on crimes
3. Vigilantism- when citizens take matters into their own hands w/o the permission of a law enforcement personnel
4. Scapegoating- Unfairly blaming others for crimes
5. Felonies- serious crime where the penalty is more than a year or $1,000
6. Misdemeanors- less serious crimes where the penalty is less than a year and under $1,000.
7. Criminalization- making things illegal
8. Decriminalization- changing a crime into a noncriminal act
9. Victimless crimes- where the offender and victim are the same people; or the behavior is consensual
10. Criminal Justice- law and order; management of police, courts and corrections and the study of causes of and treatment for crime
Chapter 2 (Nature and Causes of Crime)
1. Norms- social expectations of good behavior under different circumstances
2. Deviance- violation of the social norm, rudeness, disobedience, or gossiping
3. Mala in se- crimes evil within in themselves (i.e. robbery or murder)
4. Mala prohibitia- crimes that are evil because we believe/say it is so
5. Offenses against morality- crimes such as adultery, prostitution or gambling
6. Over criminalization- "over kill" not clearly defining the differences between inappropriate acts and criminal acts
7. Legalization- to allow certain acts to be practices or removing prohibited law from a criminal law
8. Positivism- individual human behavior is determined by the internal and external influences
9. Ethical view-sees crime as a moral failure in decision making
10. Labeling theory- by assuming someone is a bad person, we are actually encouraging that person to be bad
Monday, January 25, 2010
Day 1 -January 20, 2010
The first day of LW-101 (Intro to Criminal Justice) was very interesting. Professor McNinch went over “the (basic) rules” we (as Criminal Justice majors) must follow in order to become a Federal Government or Law enforcement employee one day. He explained the “primacy effect” which means that first impressions are the most important, because as public servants we must show the public that we are professional and are capable of protecting them. He stressed the fact that drugs and alcohol are not tolerated in the criminal justice business. I agree with him because I believe that the use of drugs and alcohol can lead to dangerous and violent situations. The Lawtenberg Amendment prohibits anyone who is charged with a domestic violence a chance of ever legally carrying a gun. He explained that our appearance in class is also very important. The basic rules he covered based on appearance were, (a) men do not wear earrings, (b) no students wear visible piercings i.e. nose rings, lip rings, tongue rings, (c) no t-shirts with obscene or explicit prints (d) no hats or hoods (e) be careful with the materials students post on the internet (f) delete provocative or explicit e-mail addresses.
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