criminal trials 5 of cases decided through bench or jury trial Jury o Purposes o Selection process venire o Comprensation often 15 dollars a day if unemployed and want to work o Voir dire pertemptory challenges Jury trials and public opinion 65 of Americans have been called to serve jury duty o 68 actually attended 32 did not o of those who attended 55 served 44 of Americans have attended jury duty 24 have actually sat on a jury individuals that are more educated are less likely to be chosen to serve on jury 58 of Americans believe juries can be fair and impartial most all of the time jury nullification when a juror believes the evidence proves the defendant is guilty but still votes to acquit o motivated by the belief the law is unfair or it is unfair to apply the law to the particular defendant o predominant controversy the crack cocaine laws 100 1 prior to 2010 since 2010 18 1 drug courts drug courts a management strategy designed to use the authority of the courts to reduce crime by changing defendants drug use behavior o divert defendants in exchange for the possibility of dismissed charges or reduces sentences judges proscribe sanctions for noncompliance with program requirements and rewards for compliance Sentencing o work with prosecutors defense attorneys treatment providers probation officers etc goals to reduce drug use and criminal activity o engage and retain drug involved offenders in supervision and treatment programs defendants identified and referred asap after arrest judge then supervises structured community based supervision and treatment o defendants must attend regularly scheduled status hearing o minorities disproportionately affected by drug courts first drug court 1989 in dade county fl by 2001 over 688 drug courts o more healing and restorative not punitive Mackenzie 2001 examined 30 studies on drug courts and found they are effective at reducing recidivism and drug use o All three factors treatment sanctioning attendance at drug court sessions were shown to be significant Goal of punishment is to maintain social order Reflects the dominant values of the time period Retribution deterrence incapacitation rehabilitation Retribution Punishment inflicted on a person who has harmed others and so deserves to be punished o Eye for an eye Deterrence o General deterrence punishment of criminals to make them examples for the rest of the public o Specific deterrence punishment of criminals to deter them from committing future crimes Incapacitation depriving an individual of the ability to commit crimes against society Selective incapacitation targeting certain offenders for o Prison incarceration o Will do the most to reduce crime Rehabilitation restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy 1940s 1970s restorative justice designed to repair the damage done to the victim and the community by an offenders criminal act crime not only breaks the law it breaks trust in the community the sentencing hearing mark jensen sentencing o Wisconsin man slowly poisoned wife to death with antifreeze Difficult real world sentencing sex offenders Mark hulett o Admitted that he raped a girl countless times when she was between 7 and 10 years old Sentence 60 days in jail Judge forced due to risk classification Michael Kirt o Attempted rape 13 counts Life sentence
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