SPEA-J - Public And Environmental Affairs SPEA-J 306 Lecture Notes - Lecture 2: Youth Detention Center, Plea Bargain, Execution By Firing Squad


Department
SPEA-J - Public And Environmental Affairs
Course Code
SPEA-J - Public And Environmental Affairs SPEA-J 306
Professor
Cale Bradford
Lecture
2

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Section 2
oDefendants & Victims
Characteristics of a ∆
-82% male; 53% younger than 35
-71% racial minority
Minorities only make up about
25-30% of the US population
-31% were under court supervision;
61% repeat offenders
-Poor & low education
-Mental health issues
-Substance abuse
-No father figure
-Most don’t trust the system or their
lawyer
Characteristics of a Victim
-Poor & uneducated
-Mental health issues
-50/50 men & women
-Vics of violent (non-sexual assault)
are 82% men
-27/1000 = Black, 16/1000 = White,
10/1000 = Other
-50% more likely to be a vic of a
property crime if you rent
85% more likely for burglary
Most occur b/w 10-2 pm
-Single women = 4x more likely
Frustrations of a Victim
-Trial delays
-Wasted time
-Long waits in uncomfortable settings
-Missing work/lost wages
-Fear of retaliation
-Sense of indifference/nobody cares
about them
-Pain & embarrassment of reliving it
-Stress of testifying
-Lack of restitution
∆ Pathway
-Crime
-Investigation
-Arrest or Summons
-Charging Info & Probable Cause
Affidavit Filing
If judge thinks there is PC, they
will sign off on charges (indicted
at federal level)
-Initial Hearing
1st appearance before judge
Charges read & given to ∆
∆ advised of right
Appt. atty if needed
Set future dates
Address conditions of release
Insure appearance (flight
risk)
Insure community safety
Pretrial Release
Release on Own
Recognizance (OR)
Release on Bail/Bond
Surety Bond: pay bondsman
10%, don’t get it back
Cash or Property Bond: post
10% to court; get it back if
you show up.
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Section 2
Home Detention
Day Reporting
Work Release
-Pre-Trial Conference
Judge confirms or continues the
trial date
Review discovery
Motions hearing
Guilty plea (if plea negotiation is
reached) (how most are
resolved)
-Trial
Jury or bench/court
Sentencing
Appeal
-Petition for Post-Conviction Release
(PCR)
∆ has new evidence
Atty was ineffective
Strickland v. Washington
-Habeas Corpus Petition
Saying state is violating their
rights & they’re being help
illegally
Judge can overturn on
supremacy clause
oDeath Penalty
Theories For Support of Death
Penalty
-Deterrence
-Incapacitation
-Retribution
Cases
-Furman v. Georgia (1972)
Took away that certain cases get
automatic DP
SC wasn’t specific on what they
meant
-Greg v. Georgia (1976)
States can use DP but it must
have direct criteria & limit its use
The law must take into account
the characteristics & record of
each ∆
Use of DP Eroded
-1991: 24,703 murders; 2010: 14,748
-Introduction of Life W/O Parole
(LWOP)
-DP cases are expensive b/c criminal
rule 24
The county that brings the
charges usually has to pay for t
Stats
-34 states & military still have DP
-Prior to 1913 → Hanging
-1913-1994 → Electric Chair
-1994-Present → Injection
-8 states still allow electric chair
3 gas chamber
3 firing squad
3 hanging
-Regions
South: 1050 executions since ‘74
Mid-West: 150
West: 75
Northeast: 4
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find more resources at oneclass.com
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