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THE CRIMINAL JUSTICE
SYSTEM
Chapter Twelve
CATEGORIZING CRIME IN TEXAS
Felony
• Serious crime punishable by prison and/or fine
• Capital felony is punishable by death or life sentence
• Capital felony, 1st Deg., 2nd Deg., 3rd Deg., and SJF
Misdemeanor
• Minor crime punishable by small fine or short jail sentence
• A, B or C
Punishing Crime
• Probation
• Parole
• Three Strikes Rule
CRIMINAL JUSTICE POLICY
Drug Crimes
• Since the 1980s, arrests for drug possession have ballooned in Texas.
• Many people who are prosecuted for low-level drug crimes are dealing with a range of
other issues, including mental illness, homelessness, and poverty.
• Many defendants spend weeks or months in county jail awaiting punishment for minor
offenses, including possession of small amounts of drugs.
Hate Crimes
• Since 1993, Texas law has provided enhanced punishment for criminal acts against
another person motivated by bias or prejudice against a group of which the victim was a
member, also called hate crimes.
• Enhanced Punishment
• Plea Bargain
THE CRIMINAL JUSTICE PROCESS
Arraignment and Posting Bail
• First thing that happens after an arrest, charges are explained to the accused, bail
and first court date is set.
• Bail promises appearance in court
• If you don’t have money for a bond, ask for a PR bond!
Grand Jury Indictment
• Jury of 12 that determines if there is sufficient evidence to hold a trial.
• They do not rule on guilt or innocence, they just look at the facts to find PC
• No bill vs true bill
• Lead by the prosecutor only!
THE CRIMINAL JUSTICE PROCESS CONT’D
Pretrial Hearings
• Accused formally pleads guilty or innocent, dates are set
• Any pretrial motions are submitted to the court
• Maybe a plea bargain
Trial and Sentencing
• Jury vs Judge in trial and sentencing
Does the Criminal Justice System Create Criminals? (page 429-430)
What do you think?
CRIME AND TEXAS DISTRICT ATTORNEYS
• County attorney prosecutes minor crimes, unlike the district attorney, who
prosecutes more serious criminal cases.
• Prosecutors must maintain high conviction rates in order to keep their positions.
• Plea Bargain: negotiated agreement in a criminal case in which a defendant agrees to
plead guilty in return for the state’s agreement to reduce the severity of the criminal
charge or prison sentence the defendant is facing.
• Prosecutors in Texas have A LOT of powers.
• Judge is NEVER involved in the case until it goes to trial (barely even then!).
Crime and Criminal Defense
• Court appointed attorney and public defenders are appointed for indigent persons.
CRIME, CORRECTIONS, AND
THE TEXAS PRISON SYSTEM
• As of 2012, there were 152,303 people incarcerated in the state’s prisons, state jails, and
substance abuse facilities.
• In 2012, the average cost per day for each bed in the state’s correctional facilities was
$50.04.
History of the Prison System
• Ruiz v. Estelle: helped make prisoners rights a public policy issue. Complained against
overcrowding, improper care and supervision of the inmates.
The Prison System Today
• Operated by the TDCJ
• In 2011, the total operating budget for the TDCJ was $3.06 billion.
• Prison alternatives like drug treatment programs and halfway homes didn’t start until
2007.
PROBLEMS WITH THE PRISON SYSTEM
• It is difficult for felons to gain legitimate employment after their release– so much so
that the federal government offers huge tax credit to employers willing to hire felons.
• Average prison sentence in Texas in 19.3 years. It is hard for folks who have been in
their for so long to re-adjust into society.
• No family
• 44.3% of inmates in Texas prisons do not have a high school diploma or GED and
their average educational achievement is slightly less than 8 years.
• 15% of folks who received probation, violate their terms.
THE DEATH PENALTY
• Political scientists found that judges tend to affirm death penalty sentences in states
where judges are elected and where there is strong public support for the death penalty.
• Why is this a big deal?
• One 2012 poll showed that 73% of TX voters either somewhat or strong supported the
death penalty.
• Not all offenders on death row are treated the same way. There is a racial and ethnic
disparity.
• Two questionable aspects of the death penalty
• Crime by association
• Simultaneous trials
• If we see a decline in DP in TX today it’s because there’s a drop in murders and TX started
life without parole in 2005.
THE INTEGRITY OF THE
TEXAS CRIMINAL JUSTICE SYSTEM
• Nonexistent (my opinion, not in the book!)
• Is aggressive use of the death penalty, wrongful convictions, and flawed evidence
procedures are compromising the integrity of the criminal justice system in TX?
How Fair is the Criminal Justice System?
• The Death Penalty and Wrongful Convictions
• Problems with Police Procedures and Evidence
• The Willingham Case
• The Tulia Drug Arrests
PROBLEMS AND REFORMS
• Overcrowding and Mental Illness in Prison
• Racial Bias
• Misconduct by District Attorneys
• Technology
• The Prison Show
• Social Media to connect with outside world
• “Letters from Death Row”
• Drug treatment programs
• More emphasis on community service probation, prison as last resort
• PD are modifying their procedures for obtaining eyewitness evidence.
• Blind procedure: police officer administering photo line up does not know who the suspect is.
• Sequentially, rather than in a group
• Michael Morton Act