Welcome Back 9/1/2015 What does the constitution tell us? Do you think there are different models for Criminal Justice?

Criminal Justice is it a system? System: A smoothly operating set of arrangements and institutions directed toward the achievement of common goals

C.J is not a System

Why? Not a single system Loose confederation Overlapping jurisdictions Confusion and Conflict

Examples

Juvenile System Seal Records “Delinquents” Harder on criminal officials

Rather than operating as a system criminal justice operates more independently which can create problems.

Please answer on your notecards What are 2 problems with Criminal Justice not being a complete “system”?

Two Models of Criminal Justice Herbert Packer 1968

1. Crime Control Method Conservative Control Criminal Behavior Efficiency/Quickness “Assembly Line or McJustice” Uniformity

C.J is a slow process Arrest  Court Case  Jury  Appeal Plea Bargaining Informal Process Semi-uniform

Problems! Guilt Arrest/Prosecution Correct Exoneration or guilty plea

Court Case: Example

Gary Ridgway: The Green River Killer 48 counts of murder Death Penalty Life Imprisonment Locate Victims “We could have gone forward with seven counts, but that is all we could have ever hoped to solve. At the end of that trial, whatever the outcome, there would have been lingering doubts about the rest of these crimes. This agreement was the avenue to the truth. And in the end, the search for the truth is still why we have a criminal justice system. Gary Ridgway does not deserve our mercy. He does not deserve to live. The mercy provided by today's resolution is directed not at Ridgway, but toward the families who have suffered so much”

On your notecards Do you feel the decision to grant Mr. Ridgway a plea bargain was justified? Why or why not?

2. Due Process Model Factual Guilt = No enough Public Trials Full opportunity to discredit charges “Obstacle Course Justice”

People make mistakes Wrongful arrests Let a guilty man go than punish an innocent man Not to be held guilty until proven in court Not just factually but legally guilty

Due Process Common Rights Freedom from unreasonable searches and seizures Protection against double jeopardy Protection against self-incrimination Speedy/Public Trial Impartial jury of state where crime committed Confront opposing witness Right to counsel Prohibition of cruel and unusual punishment

Problems Not equal Justice Trials Defending Attorney

Create a Venn-Diagram Each Model gets a circle Middle circle if you see any similarities between them

Which System do you agree more with? Why?

Costs of Criminal Justice 2004 Statistics 194 billion 670 per U.S resident State/Local 82% of cost Police = Local Corrections = State Judicial = State/Local

Federal Government Creates new policies and divisions Grant Money Ex 2004: Focus on drug related crimes 7% of a tax dollar 20 years remained Low priority

Do you think Criminal Justice should be more of a priority for the Federal Government?

Costs in single cases Law Enforcement Cost Prosecution Cost Defense Cost Judicial Cost Court Support Staff Cost Corrections Cost Average Case Cost = $46,106 in Florida 2008

Timothy McVeigh

Costs Ted Bundy: State of Florida: 10 Million Timothy McVeigh: OKC Bomber Federal Government 100 Million Both were sentenced to Death

Were the executions worth the expense? Why or why not?

Myths: “Simplistic and distorted beliefs based upon emotion rather than rigorous analysis.” Middle Ages in Europe: Trial by Ordeal Salem Witch Trials

You are the leader You have just been given a new land As the leader you need to make decisions How much effort will you place toward C.J system? Which system would you follow? Why? How would you handle costs of C.J? What punishments do you seem fit?