Chapter 7 The Criminal Courts There are more than 16 00 courts in the U S Federal Level U S Supreme Court Court of last resort Decides a case by granting a writ of certiorari 12 U S Courts of Appeals Appeals from the decisions of the District courts 94 District Courts trial courts of the federal system State Level separated into general limited jurisdiction 1st Level courts of limited jurisdiction hear petty cases conduct misdemeanor trials 2nd Level general jurisdiction conduct criminal trials 3rd Level appellate courts Local Level Municipal Courts County or District Courts Justice of the Peace Every year they handle 2 5 mill felony cases 18 mill misdemeanor cases 55 mill traffic cases 2 mill juvenile cases 6 mill domestic cases Two types of courts Trial fact finding bodies did the defendant commit the crime Appellate Were laws correctly interpreted applied Jurisdiction court s authority to hear a case Based upon Where case took place type of case Types of Jurisdiction General civil criminal cases Limited minor cases Special specific types Special Courts Drug Courts Domestic Violence Courts Community Courts resolve disputes in ways to address all concerned practice restorative justice handle small disputes Functions of Criminal Courts nobody wants justice Alan Dershowitz they all want to win Repression of crime Protect the rights of individual s accused of crimes Chapter 9 The Goals Process of Punishment 4 Purposes of Punishment 1 Deterrence punishment of the individual offender produces benefits for the future by making the crime less attractive Two types Specific Deterrence targets the offender General Deterrence targets the general public Assumes that humans are rational Is affected by a delicate balance between Celerity speed with which one is punished Certainty odds of receiving punishment Severity harshness of punishment 2 4 Incapacitation punishment serves to prevent future crime by removing opportunities for to commit crime Two drawbacks Predicting recidivism is difficult false positives false negatives Incapacitation is expensive and costly 3 Treatment Rehabilitation concerned with the offender as an individual hopes to effect a change in the individual much research shows that rehabilitation efforts are not working Better matching of offender to treatment could result in better outcomes Just Deserts Retribution An eye for an eye a tooth for a tooth belief that people who commit crime deserve to be punished Retribution does not offer a reduction in crime as a principle justification Punishment should be proportionate to the severity of the crime Sentencing Structures Determinate Sentencing exact length nature of the punishment is imposed at the time of sentencing Indeterminate Sentencing given a range for the min max sentence precise length of sentence is unknown Mandatory Minimum Sentences receive a minimum number of days years Habitual Offender Statutes Aimed at chronic recidivists 3 Strikes Laws Gun Laws Etc Chapter 3 Doerner I Explain the term sworn officer a Arrest power and authorization to carry a firearm II What are the minimum standards a Series of job requirements by the Criminal Justice Standards Training Commission criteria basic expectations III List five specific minimum standards page 33 a At least 19 b U S citizen c H S diploma d No felony convictions e Pass med exam IV What does certification mean a Training academy graduates must a pass a competency exam state officer Certification test is based on recruit training curriculum V Compare Florida s police academy training curriculum with practices around the nation a Florida police academy takes much longer to complete than the b CJSTC requires at least 770 hours in training compared to an average average prep in others of 467 hours elsewhere c Florida spends more time emphasizing report writing patrol investigations and first aid figure 3 1 VI What is the State Officer Certification Examination a Competency exam to gain certification or licensing b Test is based upon the basic recruit training curriculum is composed by experts in the field and the questions are pre tested to ensure validity and reliability VII Weeding out vs Screening in a Weeding out efforts concentrate on disqualifying candidates from further consideration b Screening in starts by identifying what traits or characteristics assure occupational success or good job performance VIII Diagram the law enforcement officers selection processes a Written application b Minimum standards check c Written psych d Background check e Polygraph f Psych interview g Oral board h Medical check i Job offer IX What is a bona fide occupational qualification a Is a restriction that an employer deems necessary for employees to discharge job functions in a safe matter X Why is jurisdiction an important concept a Deals with land boundaries in which agency operates b Municipal police jurisdiction arrest authority outside city limity XI Name at least 3 state law enforcement agencies a Florida Department of Law Enforcement b Florida Highway Patrol c Fish Wildlife Conservation Commissions XII Explain what the terms underrepresentation and overrepresentation a Underrepresentation whenever an agency s characteristics exceed the benchmarks b Overrepresentations whenever an agency s characteristics fail XIII Using Table 3 2 of your text examine the demographic composition of sworn personnel in state law enforcement agencies a White 77 b Black 11 c Hispanic 11 d Females 12 XIV What five programs does FDLE maintain a Executive Direction and Business Support b Criminal Investigations Forensic Science c Criminal Justice Information d Criminal Justice Professionalism e Capitol Police a 4 years of sworn law enforcement b BA at 4 year university XVI What is the purpose or role of FHP Investigate traffic crashes a Promote safe driving b c Monitor highways for traffic violations d Make arrests for criminal violations XV What entrance requirements are expected of prospective FDLE agents XVII What entrance requirements are expected of prospective FDLE troopers a HW eductation or GED b One of the following i 1 yr sworn non sworn law enforcement ii 2 years active and continuous military service iii 2 years of public contact iv 30 college semester hours or 45 quarter hours XVIII Apply the FBI warnings about ranking city crimes in Chapter 2 to the rankings of city traffic accident rates in Table 3 3 of your text XIX List five findings about local law enforcement agencies using Table
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