CJ 100 MWF 9-9:50 Lecture 10Outline of Current Lecture II. Reasons for MirandaIII. Criminal courtIV. Civil courtV. Liebeck vs mcdonaldVI. Crime control vs due processVII. Plea bargainingVIII. Criticisms of Plea BargainingIX. Legal CasesX. Goals of criminology punishmentXI.Current LectureReasons for Miranda - Protection against forced confessions (“compelled self-incrimination”)- Protection against lengthy interrogations without legal counsel - “Public safety” exception – can forgo Miranda warnings if there is a threat to public safety o Ex: Robbery, and the police tackle suspect and ask where firearm is, this is okay because that’s a threat to public safety Criminal Court- Burden of proof – beyond a reasonable doubt - Does not mean absolute certainty - Quantify 97-99.9%- Reason the threshold is so high??o Because this is dealing with the taking of liberty and freedom and maybe life - The government (state or federal) brings suit against (prosecutes) a person who they believe has violated the law (the defendant) - Examples: o People of the State of California (prosecution/plaintiff) vs. Orenthal James Simpson (defendant) o United States (Prosecution) vs. Jones (Defendant) (2012) Civil CourtThese 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.- Burden of Proof – preponderance of Evidence - Tort – Civil wrong (think lawsuits!) (TEST) - Tort reform o Restrict people’s right to go to court o Did pass to sentence and bill Clinton vetoed it o People then went to state legislators - Quantify – 51% (50.1%)- Compensation from damages or injuries - Individual or group (class action) law - One party (plaintiff) who feels they were harmed (tort) brings a complain against another party (the defendant) - Example: o Liebeck (plaintiff) v. McDonald’s Restaurants (defendant)  Faced 3rd degree burns  Now there are warnings  Temp was about 180-190 degrees o Class action lawsuit against Monsanto  Two farms, farm A, farm B  If farm A uses Monsanto seeds and A’s seeds blew into sand B then that company can sue farm B for copyright and shut them down (Difference between criminal and civil court: TEST) Liebeck vs McdonaldCrime Control vs Due ProcessTwo competing models of criminal justice administration: Crime control vs Due process.Think of an obstacle courseCrime Control ModelAssembly Line JusticeEvery effort is made to repress crimeSpeed and efficiency are the main goalsAvoids the courtroom, promotes plea bargaining“Pleading guilty with a reasonable expectation f a reduction in a charge for a lighter sentence”Due Process ModelThe media’s prediction; Obstacle course style JusticeStresses using the adversarial courtroom processstrained resources make this model problematicIf every case went to trial it would take years to get through them Plea BargainingPlea argument: the defendant will plead guilty to the original charge, or to another charge in return for a reduced sentenceTest questionWhat percentage of criminal convictions come from negotiated plea deals? 90-95% of cases!Benefits of plea BargainingCriminal defendants: they are getting a lighter sentence, so they plead guilty and try to lessen the jail timeJudgesProsecutorsCriticisms of Pea BargainingDue process concerns, defendants give up their constitutional rights (right to a trial by jury)Sentencing policies and reduces society’s interest in appropriate punishments for crimesLegal CasesBoykin v Alabama- Defendants must state they made their pleas voluntarily before a judge can accept the pleaSantobello vs NY- If the prosecution has promised a lenient sentence as a result of a plea deal, the prosecution must keep that promise Goals of criminology punishment1. Retribution: an eye for an eye; justice2. Deterrents: a punishment will be so harsh that people wont engage in crime. Cost benefit analysis.--general deterrents tries to deter the general society at large3. Incapacitation: you are physically incapacitated so you can’t do anything. Being locked behind bars or in a mental hospital. The ultimate form is the death penalty4. Rehabilitation: things aren’t labeled as punishments and offenders, but as treatments and clients restorative justice: if a crime is committed (property crimes) they want to see the criminal. Victim, and community members and they all sit down and discuss it. This is petty theft and small crimesRecidivism rate when criminals get out: 40-50% Is the criminal justice system really doing its job of trying to change criminals from continuing their