CJ 100 Lecture Notes - Lecture 16: Due Process, Solitary Confinement, Private Prison
29 Apr 2018
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April 3, 2018
• Crime control vs. Due Process
o Two competing models of criminal justice administration
▪ Crime control
• Assel Lie Justie
• Every effort is made to repress crime
• Speed and efficiency are the main goals
• Avoids the courtroom, promotes plea bargaining
o Pleading guilty with a reasonable expectation of reduction
in a charge (for a lighter sentence)
▪ Due process
• Ostale Course Justie
• Stresses using the adversarial (courtroom) process
• Strained resources make this model problematic
• Plea Bargaining
o Plea agreement
▪ The defendant will plead guilty to the original charge, or to another
charge, in return for a reduced sentence
o Criticisms
▪ Due process concerns, defendants give up their constitutional rights
(right to trial by jury)
▪ “eteig poliies ad redued soiet’s iterest i appropriate
punishments for crimes
o Legal cases
▪ Boykin v. Alabama (1969)
• Defendants must state they made their pleas voluntarily, before a
judge can accept the plea
▪ Santobello v. New York (1971)
• If the prosecution has promised a lenient sentence as a result of a
plea deal, the prosecution must keep that promise
• Death penalty as a Criminal Sanction
o The U.S. Supreme Court suspended its use from 1972 to 1976 amid debates
concerning the Eighth Amendment (cruel and unusual punishment)
o Furman v. Georgia (1972)
▪ Suspended death penalty, but also helped states rewrite their death
penalty laws to pass Constitutional threshold
▪ Holding: Supreme Court found that the death penalty was being imposed
in an unconstitutional manner
▪ Never ruled the death penalty itself to be unconstitutional
o California has the most on death row
• Corrections
o Corrections refers to ALL programs, services, facilities, and organizations
responsible for the management of the accused and convicted
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