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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