CJUS P300 1st Edition Lecture 16 Outline of Last Lecture 1. Enhancements2. Death Penalty3. Felony Murder4. Colonial JailsOutline of Current Lecture 1. Life without Parole2. Death Penalty 3. Habitual Offender4. Police and Prosecutor RelationshipCurrent Lecture1. Life without parolea. Also a capital offense, doesn’t involve being put to deathb. You get sentenced to life in prison without the possibility of ever being paroledi. Parole doesn’t concern prosecutors that much. Once somebody has been sentenced and sent to prison it’s really a prison issue1. It’s how prisons and legislators keep control2. Parole board determines whether or not you get paroleda. Still have to report to a police officer as well as other conditionsc. Life without parole means that once you’ve been sentenced you are in prison for the rest of your lifed. Criteria are exact same as death penalty because it’s also a capital offensee. More states are going to life without parole as they make the death penalty illegali. Death penalty seen as the easy way out?ii. DNA tests where innocent people have been killediii. Life without parole is less expensive1. Not entitled to special attorneys 2. Not entitled to as many expert witnesses as a death penalty casef. Becoming popular with prosecutorsi. Not as much controversy associated with itii. Bargaining tacticThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.g. Research has shown it’s more of a deterrent than the death penalty2. Death Penaltya. If you’re the prosecutor and have a death penalty eligible case, what makes you decide to file the death penalty?b. Class Discussioni. How gruesome the crime is ii. Threat to society c. How much does it cost to try the death penalty?i. 1.5 -2 million dollars ii. Submit filing to committee and they’ll look at whether they agree with you if the death penalty should be filed1. If they agree, funds can be reimbursedd. Why does it cost this much?i. If a death penalty case is filed by the prosecutor, the court has to make sure that the defense lawyer is a death penalty qualified lawyer (have to take continuing legal education hours per year). ii. Primarily paying defense bills1. County has to pay e. Defendants Entitled to following: i. Use of experts 1. If they can’t pay for them themselves then the state will pay for themf. When you can’t be put to deathi. Anyone with an IQ of less than 50 can’t be put to death1. Still eligible for life without paroleii. Person 16 years or less (at the time of the crime) can’t be put to death 1. Still eligible for life without paroleg. The jury decides whether or not to impose the death penalty. There was a time the judge could overturn that decision, but no longer. i. That decision is final except for appealsii. Penalty phase, the prosecutor can bring in family members and such to make it emotional. Similarly the defense will call witnesses to speak as to why they shouldn’t be put to death. 1. For defense this includes school teachers, school records, mental health people, people who say why this defendant’s life is important to societyh. Appellate Process (first to State Supreme Court)i. Move up through the federal system (under the constitution) can argue it’s a cruel and unusual punishment via the 8th amendment.ii. Go through the federal appellate process and can appeal to the United States Supreme Court (they do not have to look at your case) iii. Whole process takes about 15-20 years 1. You as a defendant can say you don’t want to go through the appellate processi. Lethal Injection is used in most statesi. Electric Chair (Texas)ii. Firing Squadiii. There is a new drug that Ohio is using though they refuse to say who it’s from (as in who manufactures it) 3. Habitual Offender a. Someone who has acquired in most places 2 or more prior unrelated FELONY convictions i. The prosecutor can file a habitual offender (enhancement) b. It will enhance the original sentence by a certain amount of time c. Each enhancement phase has to be tried separately i. When you split a trial like that it’s called bi-furcated if it’s three parts it’s call tri-furcated ii. First there’s the part with the charge (jury finds guilty) then there’s the second part with the enhancement (2 separate trials)1. Reason you don’t have 3 separate juries is because you want the jury who heard the original evidence to look at the rest of the phases2. Don’t want to have to call a new jury and present the evidence all over again 4. Police and Prosecutor Relationshipa. How they handle evidence can positively or negatively affect your case b. Prosecutor ends up being responsible for what the police does when they charge someone with something and have to prove iti. That’s why it’s helpful that the police and prosecutor have a good workingrelationship though the police DO NOT work for the prosecutor c. They cannot do anything until they have a search warrant i. Cannot pick up anything and categorize evidence without a search warrant ii. They cannot say to you that they’re going to get a warrant they have to say I’m going to REQUEST a warrant 1. Found to be a form of coercion if you say “get” instead of “request”d. Exigent Circumstancesi. Those circumstances that time is of the essence to check on someone’s safety or because evidence is getting destroyedii. If they hear gunshots and nobody comes to the door they can kick the door open and go iniii. Husband and Wife example1. The police can still go in even if the husband won’t let them see the wife iv. Destruction of evidence1. You get to go in if you believe that evidence is being