Stage of Justice Courts Arraignment o Types of Plea Guilty 90 Usually already accepted a plea bargain To accept guilty plea judge must o State defendant has waived his her constitutional right to trial o Believe there is a basis for plea plea is voluntary o Inform defendant of his her right to counsel during plea process Not Guilty Entered two ways o Verbal statement by defendant or attorney o Defendant stands mute court judge enters not guilty plea on behalf of the defendant Plea guilty without fear of civil suits o Bail Jail or Released on own recognize No Contest Factors Seriousness of charge Offender s criminal record Whether or not defendant has local address least likely to be granted bail if they do not have a local address Previous failures to return to court procedures granted bail in the past and violated bail Most people are granted bail BAIL Monetary amount for or condition of pretrial release usually set by a judge at court appearance bail is returned after you return to court Purpose ensure return of the accused Q Does the constitution guarantee a defendant the right to bail o A NO but there is a constitutional safeguard around bail excessive bail under the 8th amendment Ex if you make 35 000 a year you will not get a 2 million dollar bail JAIL Detain Defendant Two different types o Preventive Detention practice of holding dangerous defendants before trial and the denial of bail harmful defendants o Pretrial Detention practice of holding defendant in secure confinement prior to trial given bail or they are not going to post bail RELEASED ON OWN RECOGNIZANCE Nonmonetary condition for pretrial release o Factors influencing Prosecutor s Pursuit of Cases and Case Outcome o Outcomes of Criminal Process 1 Plea Bargaining 90 2 Pre trial Diversion 6 3 Trial 4 Seriousness of the offense Criminal history of defendant Cost of prosecution to the CJS Heavy caseloads Strength of the prosecutor s case Avoid undue harm to the defendant Willingness of defendant to cooperate with law enforcement prosecutor and or diversionary efforts o Factors that Influence Pretrial Diversion Offense Type alcohol drug related domestic case etc NOT RAPE MURDER Special circumstances Defendant 1st time offender Willingness of defendant to cooperate with diversionary program Victim consideration Impact of Diversion on community o Plea Bargaining The discussion between the defense counsel and prosecutor by which the defendant agrees to plead guilty for certain considerations concessions o Factors Considered in Plea Bargaining Caseload of the prosecutor Strength or weakness of the case Offense type Type of defense counsel Defendant s prior record Compliant Personal characteristics of defendant age race bail status o Types of Plea Bargaining Implicit Bargaining Going Rate knows how the prosecutor operates take it or leave it Bargaining over Charges Concurrent charges Dropping charges Altering charges Bargaining over Sentence MAY 5 2011 COURSE CAPTURE WATCH Sentence reduction or recommendation Timeline o Changes in Prison History MOVEMENTS Penitentiaries 1820s Two competing Models o The Pennsylvania Model Segregate System Solitary confinement remain in cell at all times Emphasis on inmate ability to reflect on criminal past and gain spiritual insight No talking to other inmates hooded while walking through prison reduced contact Read the bible repent Reform through personal conversion o New York s Auburn Model Congregate system Inmates had no external contact Inmates housed in small cells and confined on the Sabbath and during non working hours Inmates labored in factory like shops during working hours Inmates prohibited from talking to other inmates Repentance and reform through harsh labor and external discipline Established in 1816 Originally designed to include 61 double cells but William Britten the first warden made each double cell into solitary cells thinking it would be easier to handle separated convicts First recorded time single cell construction was used in the world Reformatories 1870s The big house 1950s Correctional facilities 1970s Deterrence 1980s Today Key Terms and Definitions o Jails Local institution designed for offenders who are serving sentences less than one year housing minor offenders awaiting trial or sentencing Purposes Awaiting trial conviction or sentencing Readmit probation parole and bail bond violators Hold mentally ill persons pending their movement to appropriate health care facilities Hold individual for the military for protective custody for contempt of court sentence Release convicted inmates to the community upon completion of their Transfer inmates to federal state and other authorities House inmates for federal state or other authorities because of the over crowding of their facilities Community based programs What are causes of death in jail Natural causes and suicide are the leading causes of death in jail o 53 of those who attempt suicide attempt their first try in the o Reformatories first 24 hours Institutions which house youthful offenders felons often between the ages of 18 25 o Prisons A state of federal correctional institution for incarceration of offenders for terms of one year or more Minimum security prison o Least secure facility that house white collar and nonviolent offenders maintains a few security measures and has liberal visitation policies o May be small farms road camps or forestry camps o Most likely located in rural areas o House inmates considered nonviolent low on internal and external risk no escape risk o Facilities have been created mainly to serve economic needs of the community o Most facilities do not provide educational vocational or counseling like services other than work Medium security prison o Less secure facility that houses mainly nonviolent offenders more contact with the outside world than max and programs o Vast majority of prisons Maximum security prisons strict visitation policies o Most secure facility that houses dangerous felons and maintains