Corrections Chapter 1 Notes 1 What is corrections All the various aspects of the pretrial and post conviction management of individuals accused or convicted of crime Corrections is just one component of the Criminal Justice system Corrections is concerned with the management of the individuals charged with crime a Why rising Causative Factors Include i Get tough on crime laws ii The War on Drugs iii Parole authorities fear of civil liability and public outcry iv The growth dynamic of the corrections boom v Prisons and Jails 756 per 100 000 residents vi 1 in 100 Americans under correctional supervision vii People on parole has doubled since 1980 b Correctional Clients i Offenders held in jails ii Prison Inmates iii Probationers iv Parolees v Offenders assigned to alternative sentencing programs c Careers in Corrections i Growing correctional populations expanding workforce ii Uniformed officers in prisons alone estimated at more than 215 000 iii Including juvenile detention probation parole administrators jail personnel and other about 750 000 nationwide d Types of Crime i Felony A serious criminal offense specifically one punishable by death or by incarceration in a prison facility for more than a year They are usually classified into violent crimes iii ii Misdemeanor A relatively minor violation of the criminal law such as petty theft or simple assault punishable by confinement for one year or less Infraction A minor violation of a state statute or local ordinance punishable by a fine or other penalty other than incarceration or by a specified usually very short term of incarceration e Other Types of Crime i Violent Crime Interpersonal crime that involves the use of force by offenders or results in injury or death to victims e g murder rape or robbery ii Property Crime Burglary larceny automobile theft and arson as reported by the FBI s UCR 2 Measuring Crime a UCR i Established by the FBI in 1930 3 CJ Processing Stages ii Approximately 16 000 police agencies voluntarily provide data iii Only crimes known to the police are included iv Most information reported as rates of crime v Clearance Rate Number of crimes solved Number of crimes committed Clearances are based on arrests not judicial dispositions vi Only about half of crimes are reported to the police b NCVS i The other crime data technique that gets at the dark figure of crime ii Began operation in 1972 iii Based on victim self reports from people 12 years of age or older iv Uses data collected by the Bureau of Justice Statistics v Work with a sample of more than 76 000 people from 43 000 households a As Process the process of achieving justice through the application of criminal law and through the workings of the criminal justice system b As System the collective agencies that perform criminal justce operations administration and technical support functions The basic divisions include police courts and corrections Investigation and arrest c i Police become aware of a violation of law through either 1 Proactive law enforcement 2 Reactive law enforcement ii The modern justice process begins with investigation 1 Police gather evidence at the scene and try to reconstruct events 2 Arrests may occur at the scene or after an extensive investigation iii What level of proof is needed for an arrest 1 Arrests are based on probable cause 2 Need an arrest warrant iv Arrest v Booking vi First Appearance 1 McNabb v US vii Preliminary Hearing a Go to court within 48 hours b c An opportunity for bail may be provided Informed of charges and advised of his her rights 1 Prosecutor and defendant hearing 2 A preliminary hearing is best described as a trial before the trial at which the judge decides not whether the defendant is guilty or not guilty but whether there is enough evidence to force the defendant to stand trial viii Grand Jury d Arraignment a formal reading of a criminal charging document in the presence of the defendant to inform the defendant of the charges against him or her e Types of Pleas i Guilty ii Not Guilty iii No contest nolo contendere iv If the plea is guilty or no contest and if the judge accepts the plea then it moves to the sentencing phase If the plea is not guilty then a trial date is set If the defendant stands mute then not guilty is entered v vi f Adjudication Jury trial i The 6th amendment guarantees criminal defendants the right to trial by jury ii Doesn t include the charged with petty offenses iii Some states allow defendants to waive jury trial and opt for a bench trial g Trial i An examination of the issues of fact and law in a case for the purpose of reaching a judgment of conviction or acquittal of the defendant s ii The state must prove beyond a reasonable doubt that the defendant has committed the crime h Plea Bargaining bargaining i Sentencing i i Most cases will not result in a trial Instead they will be handled through plea Judges traditionally have considerable discretion Sentencing decisions are influenced by 1 Sentencing hearing a Aggravating Factors b Mitigating Factors ex The defendant cooperated with the police or repaid the victim for their losses 2 Victim impact statement 3 PSI report ii Sentences on multiple charges can be served 1 Consecutively One after another 2 Concurrently Served at the same time iii Sentencing Options may include 1 Community Service 2 Fines 3 Restitution 4 Probation 5 6 Death Incarceration j Due Process Procedural Fairness i The entire justice process must be conducted fairly and with equity and according to due process standards ii Due process underlies the first 10 amendments to the constitution collectively known as the Bill of Rights 4 Corrections and Professionalism a Correctional Subsystem i Institutional Corrections involves the confinement and rehabilitation of adults and juveniles convicted of offenses against the law ii Non institutional Corrections also called community corrections not directly connectable to institutional care b Professionalism i Corrections Professional employed in the field of corrections Traits essential to effectively work in corrections 1 Accountability 2 Strong Writing Skills 3 Effective Presentational Skills 4 Problem Solving Ability c Certification A credentialing process usually involving testing and career development assessment i Minimum requirements for entry ii Pre service and annual training iii Standards for facilities programs and practices iv Standard Setting Organizations 1 American Correctional Association ACA 2