Welcome to CJ 101 Unit 7 Seminar

Take a deep breath and relax.

We’ll be starting at the top of the hour.

Talk amongst yourselves

~ J. C. Paez

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

2

SEMINARS

GRADING CRITERIA

50% = Content: Posts are on topic and contributes to the quality of the seminar 25% = Participation: Frequent interaction on concepts being discussed 25% = Attendance: Arrives on time and stays the entire seminar

Course Work

Review your Gradebook for units 1-6

•Retake quizzes with low scores

•Submit alternate assignments for missed seminars

•Any other missing assignments

Unit 7 Discussion Board

Casey Anthony Trial

AVOID interjecting your emotions into the discussion

Review the parts of the criminal trial and the types of evidence (circumstantial, direct, and real) in Chapter 10 of your text.

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

5

PRE-TRIAL ACTIVITIES & CRIMINAL TRIAL

SENTENCING

PRETRIAL ACTIVITIES

Several activities take place before a trial can begin:

First appearance Pretrial release and bail The grand jury (23 – 50%) The preliminary hearing (50% PC) Arraignment and plea

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

7

Pretrial release decisions consider risk of flight or nonappearance in court and risk to public safety. Decisions focus on:

Seriousness of pending charges Prior record Information about the defendant Available supervisory options if released

PRETRIAL RELEASE

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

8

The most common pretrial release mechanism is bail, the posting of a bond as a pledge that the accused will return for court proceedings.

Bail serves two purposes:

1. Helps ensure reappearance of the accused in court.

2. Prevents persons from suffering imprisonment unnecessarily.

PRETRIAL RELEASE

STATE AND FEDERAL DEFENDANTS RELEASED BEFORE TRIAL

STAGES IN A CRIMINAL TRIAL

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

11

Imprisonment Fines Probation Death

TRADITIONAL SENTENCING OPTIONS

CRIMINAL JUSTICE TODAY, 10E

© 2009 Pearson Education, Inc by Dr. Frank Schmalleger

Pearson Prentice Hall

Upper Saddle River, NJ 07458

12

1) Retribution

2) Incapacitation

3) Deterrence

4) Rehabilitation

5) Restoration

GOALS OF SENTENCING

Five goals influence modern sentencing practices:

PERCENTAGE OF SENTENCE TO BE SERVED BY NEW COMMITMENTS TO STATE PRISON

Offense Type Percentage

Violent

Property

Drug

Public-order

Average for all felonies ??

Bureau of Justice Statistics

PERCENTAGE OF SENTENCE TO BE SERVED BY NEW COMMITMENTS TO STATE PRISON

Offense Type Percentage

Violent 51

Property 46

Drug 46

Public-order 49

Average for all felonies 49

Bureau of Justice Statistics

FEDERAL SENTENCING GUIDELINES

Established under Sentencing Reform Act of 1984 and took effect in November 1987.

9 member commission set minimum sentences for certain federal offenses commission meets yearly to review guidelines.

The U.S. Sentencing Commission

FEDERAL SENTENCING GUIDELINES

Limit federal judges’ discretion Reduce disparity Promote consistency and uniformity Increase fairness and equity

Purpose of the Guidelines is to:

THREE STRIKES LAWS

Some states have “Three Strikes Laws,” which require mandatory sentences (sometimes life without parole) when convicted of third serious felony.

The intent is to deter known and potentially violent offenders and to incapacitate repeat criminals for long periods of time.

THREE STRIKES LAWS

Any advantages with the three strikes laws?

THREE STRIKES LAWS

Any disadvantages with the three strikes laws?

THE DEATH PENALTY

The most extreme of all possible sanctions and is reserved only for especially repugnant crimes (known as capital offenses).

THE EXTENT OF DEATH PENALTY STATUTES

Capital punishment is a sentencing option is 38 states and the federal government.

States vary considerably with regard to the number of death sentences given and the number of executions.

COURT-ORDERED EXECUTIONS CARRIED OUT IN THE UNITED STATES, 1930-2005

Source: Bureau of Justice Statistics, 2006

OFFENDERS ON DEATH ROW

On January 1, 2006, there were 3,254 people on death row in the U.S.

98% male 43% white 13% Hispanic 42% African American 2% were of other races (mostly Native American and Pacific Islander)

QUESTIONS?

Any questions regarding tonight’s seminar?

Any questions on upcoming assignment?

Thank you!

Email me if you have any problems or questions during the unit.

Thank you,

~ J. C.