1. CJ227 Criminal Procedure Welcome to our Seminar!!! (We will begin shortly) Tonight – Unit 9 (Chapter 16 – Sentencing) (Chapter 17 – Collateral Proceedings) (Chapter 18 – Victim’s Rights) Our last seminar for this class!!

2. CJ227 Criminal Procedure - Unit 8 Review In Unit 8 we discussed: –Chapters 14 and 15 –Jury instructions –Deliberations –Hung juries –Verdicts –Appeals –Mistrials

3. CJ227 Criminal Procedure - Unit 9 Preview In Unit 9 we will discuss: –Chapters 16, 17 and 18 –Sentencing –Collateral proceedings –Victim’s rights

4. CJ227 Criminal Procedure - Unit 9 Preview We all know that sentencing is intended as a form or punishment…. What were some historical forms of punishment?

5. CJ227 Criminal Procedure - Unit 9 Preview Historical forms of punishment –Clan revenge –Blood Feuds –Imprisonment –Church sanctuary –Death –Mutilation –Banishment Up to 1776 to colonies (100K people), after to Australia

6. CJ227 Criminal Procedure - Unit 9 Preview Which Amendment protects citizens against cruel and unusual punishment? What are the various sentencing philosophies?

7. CJ227 Criminal Procedure - Unit 9 Preview Sentencing philosophies: –Retribution –Incapacitation –Deterrence Specific deterrence General deterrence –Rehabilitation

8. CJ227 Criminal Procedure - Unit 9 Preview What are some of the different types of sentencing formats that have been used?

9. CJ227 Criminal Procedure - Unit 9 Preview Determinate sentencing Indeterminate sentencing Mandatory minimums Development of sentencing guidelines Truth in sentencing laws Megan’s law (Sex offender registration) Polly’s Law (three-strikes) Death (in those 40 states that allow or defendants who are deemed to be mentally handicapped (Atkins v. Virginia))

10. CJ227 Criminal Procedure - Unit 9 Preview What role does the jury have in determining a sentence? Why?

11. CJ227 Criminal Procedure - Unit 9 Preview In most jurisdictions juries have no role in the sentencing phase. –This is due to the often extreme emotional attachment that jurors have to a crime committed in their community and/or to the defendant. –One exception is TX, where the defendant can choose to be sentenced by the jury.

12. CJ227 Criminal Procedure - Unit 9 Preview What are collateral proceedings? What are some collateral proceedings?

13. CJ227 Criminal Procedure - Unit 9 Preview Collateral proceeding are essential parts of the criminal justice system yet not part of the judicial process involved in the conviction and sentencing or acquittal of defendants. These proceedings include: –Extradition: returning the accused from one state or foreign country to the state where the crime was committed for the purpose of prosecution

14. CJ227 Criminal Procedure - Unit 9 Preview These proceedings include: –Extradition: returning the accused from one state or foreign country to the state where the crime was committed for the purpose of prosecution –Interstate extradition – Art IV, Section 2 of the US Const.

15. CJ227 Criminal Procedure - Unit 9 Preview What are the typical steps in an interstate extradition?

16. CJ227 Criminal Procedure - Unit 9 Preview Typical interstate extradition steps: Warrant for arrest in original (demanding) state Request to Gov of demanding state for a demand to be made on the Gov of the state where the suspect is located (asylum state) for the return of the person for prosecution, identification of charge(s), allegation that the person was in the demanding state when the crime was committed. copies of pleading complaint and warrant Gov of asylum state reviews and makes a determination whether the fugitive should be surrendered or not –May request AG to make inquiry into the sufficiency of the application If the fugitive is already in custody in the asylum state, some states require a extradition hearing to be held, others waive this requirement. Fugitive can also waive the hearing by giving consent to extradite in writing. While rarely invoked…the Gov of the asylum state may refuse to extradite the fugitive.

17. CJ227 Criminal Procedure - Unit 9 Preview Another collateral procedure is a Writ: A Writ is a written order issued by one court ordering another court or court officer to do (or not do) something. Writ of habeas corpus – (the great writ) to obtain the prompt release of a person who is unlawfully detained. Writ to test the legality of a confinement. Writ of Certoiari – Writ issued by an appellate court to permit the review of a lower court’s decision.

18. CJ227 Criminal Procedure - Unit 9 Preview Historically, victims have often been the “forgotten” people in the criminal justice system. Thanks to President Ronald Reagan, the victim’s rights movement began in 1982. This is when the Task Force of Victims of Crime was created. They subsequently issued a report which have become a platform for victim’s rights. This was followed in 1984 by Congress’ passage of the Victims of Crime Act (VOCA) and the creation of the Office for Victims of Crime within the DOJ. In 1995, the DOJ sponsored the first National Victim Assistance Academy and repeated in in 1996 using distance learning technology In 1996, Pres. Clinton proposes a Const Amend

19. CJ227 Criminal Procedure - Unit 9 Preview What is restitution? What types of restitution are there? What is compensation? What is a victim impact statement?

20. CJ227 Criminal Procedure - Unit 9 Preview Payment by criminal to victim for property loss and personal injury caused by the crime. Types: –Financial: lost wages, child care, expenses associated with attending court hearings. Ordered for crimes including: sex crimes, child sexual abuse, telemarketing fraud and domestic violence. –Symbolic: Community service. –Often included as a part of probation

21. CJ227 Criminal Procedure - Unit 9 Preview Compensation: Direct payment to the victim of a crime for expenses and losses incurred as a result of a crime –Includes: medical bills, mental health counseling, funeral costs, and lost wages. –Son of Sam provision: requires the royalties from the sale of literary rights or other profits derived from the crime to be deposited in the Crime Victims Fund and to be held for 5 years to satisfy any civil judgment the victims may obtain.

22. CJ227 Criminal Procedure - Unit 9 Preview Victim Impact Statement (VIS) –Presents the victim’s point of view to the sentencing authority. –VIS allowed thru Payne v. Tennesee. The use of the VIS is allowed so long as it does not introduce evidence that renders the trial fundamentally unfair.

23. CJ227 Criminal Procedure - Unit 9 Mini-review In Unit 9 we discussed: –Chapters 16, 17 and 18 –Sentencing –Collateral proceedings –Victim’s rights

24. -- CJ227 Criminal Procedure -- Thank you all for a GREAT term…I have thoroughly enjoyed everyone in class. Best to you on your finals and in ALL of your future academic and career endeavors as well as in life – you are the only limitation on what you can achieve Take care -- bye for now!