The Criminal Justice System Chapter 12

Learning Objectives 12.1 Describe the different classifications of criminal offenses. 12.2 Analyze issues of the death penalty in Texas. 12.3 Explain the role of Texas’s jail and prison system in handling corrections and rehabilitations. 12.4 Compare the juvenile justice system to the adult correctional system. 12.5 Evaluate the fairness of Texas’s justice system. Copyright © 2016 Cengage Learning. All rights reserved.

Elements of the Criminal Justice System Criminal Justice Law Texas Criminal Justice System Texas Penal Code Graded penalties Three classes of misdemeanors Enhanced punishment Capital felony criminal justice system: The system of law enforcement that is involved in apprehension, defense, prosecution, sentencing, and punishment of those suspected or convicted of committing a crime. Texas Penal Code: Set of codes that provide the laws, penalties, and correctional measures for crime in Texas graded penalties: Depending on the nature of the crime, felonies are graded as first degree, second degree, third degree, and state jail; misdemeanors are graded as A, B, and C. enhanced punishment: Additional penalties or prison time for those who engage in organized crime or hate crimes, and repeat offenders. capital felony: A crime punishable by death or life imprisonment. Copyright © 2016 Cengage Learning. All rights reserved.

Elements of the Criminal Justice System Criminal Justice Policy Drug crimes Most arrests: possession of controlled substance Response: incarceration Counties with 550,000 must establish drug court Hate crimes James Byrd Jr. Hate Crimes Act (2001) District attorneys decide Learning Check 12.1 What types of crimes may receive “enhanced punishment” and what does that mean? True or False: Most low-level drug offenders have complicating issues such as homelessness and poverty. plea bargain A deal between the prosecutor and the defendant in a criminal case in which the defendant agrees to plead guilty to a specific charge and in return will get certain concessions from the prosecutor. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

The Death Penalty Reinstitution of the Death Penalty Before 1923: executions or hanging After 1923: electrocution 1972: Furman v. Georgia ruled death penalty was racially biased 1973: Texas rewrote laws, lethal injection Past three decades: Texas executed more capital felons than any other state Copyright © 2016 Cengage Learning. All rights reserved.

The Death Penalty Reviewing the Death Penalty Texas rejects idea of moratorium One supporting factor: deterrence Too long between sentencing and execution Average time on death row: 11 years Learning Check 12.2 Which Supreme Court case deemed the death penalty unconstitutional in 1972? According to the Texas Department of Criminal Justice, what is the average time spent on death row before execution? moratorium: The delay or suspension of an activity or law. A moratorium may be imposed when something is seen as needing improvement. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation The Texas Department of Criminal Justice Providing Public Safety Increased use of probation and job training Imprisonment rates have declined Problem maintaining workforce Lack of air conditioning in facilities Administrative segregation Administrative segregation: Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior. Copyright © 2016 Cengage Learning. All rights reserved.

Facilities of the Texas Department of Criminal Justice (2013) Figure 12.1 Texas Department of Criminal Justice. Critical Thinking Question: How does having a state jail or prison facility in or near a community affect the community? Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Promoting Positive Behavioral Change Discipline and education Combat recidivism Every prisoner must be given a job More than half enrolled in vocational and academic classes (Windham School District) administrative segregation Commonly referred to as solitary confinement, this practice isolates an inmate in a separate cell as punishment, typically for violent or disruptive behavior. Recidivism: Criminal behavior that results in incarceration after a person has been released from confinement for a prior offense Copyright © 2016 Cengage Learning. All rights reserved.

Characteristics of Texas’s Prison Population (2012) Table 12.2 Source: Texas Department of Criminal Justice, Fiscal Year 2012 Statistical Report, http://www.tdcj. state.tx.us/documents/Statistical_Report_FY2012.pdf. Critical Thinking Question: How might studying the characteristics of the prison population influence lawmakers’ criminal justice policies? Copyright © 2016 Cengage Learning. All rights reserved.

The Darrington Unit Seminary Fall 2013 Class Critical Thinking Question: Should an inmate receive a reduced sentence for completing a rehabilitation program? Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Reintegrating Offenders Reentry and Integration Division Criminal Justice Assistance Division Parole Division Successful reintegration complicated Texas is suing the EEOC to protect state hiring laws and policies. Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Texas Department of Criminal Justice Assisting Victims Victim Services Division Victim impact statements Crime Victims’ Compensation Fund Up to $50,000 Copyright © 2016 Cengage Learning. All rights reserved.

Correction and Rehabilitation Local Government Jails Found in all but 19 counties 350 municipal jails Private Prisons More than any other state Substance abuse programs/halfway houses Learning Check 12.3 What are the two primary means of combating recidivism? How has the change in the state’s prison population affected private prisons? Copyright © 2016 Cengage Learning. All rights reserved.

State and Local Agencies Juvenile Justice State and Local Agencies “Delinquent children”: Texas youth between ages 10 and 17 “Status offenders” Texas Juvenile Justice Department Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Juvenile Justice Procedures Detained in separate facilities Counseling and probation Residential treatment and commitment Adjudication hearings Considering raising age of adulthood Learning Check 12.4 What agency oversees Texas’s juvenile justice system True or False: Young Texans at least 6 years of age but younger than 19 are treated as “delinquent children” when they commit offenses that would be classified as felonies or misdemeanors if committed by adults. Adjudication hearing: A trial in a juvenile court Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Overcrowding and Mental Illness in Prison Harris County jail third largest in country Many have mental illness Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Technology The Prison Show Facebook and online blogs DNA database Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Exoneration Issues Texas compensates wrongfully incarcerated $80,000 for each year wrongly imprisoned Tuition for college or training Lifetime annuity Assistance in accessing social services Health insurance Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Racial Bias in the Criminal Justice System Target minority groups Annual racial profiling reports Latinos moving toward becoming majority of population Copyright © 2016 Cengage Learning. All rights reserved.

Problems and Reforms: Implications for Public Policy Misconduct by District Attorneys Code of Criminal Procedure Focus on justice 91 criminal cases (2004-2012) Hiding evidence Improper arguments to jury Case of Anthony Graves Case of Michael Morton Learning Check 12.5 Most individuals who have been exonerated were sent to prison based on what type of evidence? True or False: The Code of Criminal Procedure requires district attorneys to give primary importance to convicting a criminal defendant. Learning Check Copyright © 2016 Cengage Learning. All rights reserved.

Tracking Truants Click picture to view video Copyright © 2016 Cengage Learning. All rights reserved.

Video Discussion Questions A judge sentenced this student to wear a tracking device. Is truancy a matter for the courts? How is truancy handled in your community? Is this method more effective? Which type of court did this student likely appear in? Copyright © 2016 Cengage Learning. All rights reserved.