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

SPEA-J - Public And Environmental Affairs
Course Code
SPEA-J - Public And Environmental Affairs SPEA-J 306
Cale Bradford

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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
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
-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
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
Jury or bench/court
-Petition for Post-Conviction Release
∆ has new evidence
Atty was ineffective
Strickland v. Washington
-Habeas Corpus Petition
Saying state is violating their
rights & they’re being help
Judge can overturn on
supremacy clause
oDeath Penalty
Theories For Support of Death
-Furman v. Georgia (1972)
Took away that certain cases get
automatic DP
SC wasn’t specific on what they
-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
-DP cases are expensive b/c criminal
rule 24
The county that brings the
charges usually has to pay for t
-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
South: 1050 executions since ‘74
Mid-West: 150
West: 75
Northeast: 4
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