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.
Monday, May 17, 2010
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.
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