Lecture 6.5--criminal justice--rights of criminal suspects

Growing crime rate since 1960s

Declining Crime since ‘93--why?

• improved economy?• get tough policies?• mandatory minimums, “broken windows”

• better policing?• changing attitudes?• demographics?• crack “fad” diminishing?• Legalized abortion?

Counties differ—SM among the lowest

A search warrant is:

• Authorized by a judge on the basis of “probable cause”

• specifies the place to be searched, a period of time in which the search will take place, and often the specific item sought.

Police don’t need warrant when:

• permission given

• following an arrest, in the area in the immediate control of the arrested suspect

• object is within plain view of police from a place they have a right to be

• necessary to prevent harm to people or property

“stop and frisk”

• Police may “stop” (reasonable person feels not free to go) a citizen on grounds of “reasonable suspicion”

• Police may then “pat down” citizen

Rights of the Accused

• Mapp v Ohio (‘61)--4th amend search n’seize

- extending “exclusionary rule” to the states, and “fruits of the poisoned tree”

- since then, “good faith rule”, “inevitable discovery”

• Miranda v Arizona (‘64)--5th amend self-incrimination

- must be advised of rights once “in custody, prior to interrogation”

- since then, two-tier interviews, etc.

Gideon v Wainwright (‘63)--6th amend right to counsel

• Transcript: The COURT: Mr. Gideon, I am sorry, but I cannot appoint Counsel to represent you in this case. Under the laws of the State of Florida, the only time the Court can appoint Counsel to represent a Defendant is when that person is charged with a capital offense. I am sorry, but I will have to deny your request to appoint Counsel to defend you in this case.

- state must provide attorney for the indigent facing incarceration

- but not necessarily high quality defenses

- in CA over 90% of felonies are plead out

Hardening line in 80’s and 90’s

• Fed and State mandatory minimum sentences• increased incarceration for drug offenses

• especially by minorities, women, minor offenders

CA

Three strikes laws

• 1994 CA prop 184 passed overwhelmingly, half the states followed

• in CA: after two “serious” felonies, sentence doubles, third felony leads to 25-life

• about 60% of CA’s 7000 3 strikers for “non-serious” 3rd offense

• USSC said not cruel and unusual--state has right to punish a pattern of crime

• 2004 CA ballot initiative to require 3rd strike to be violent or serious lost

A vast social experiment: the carceral state

• US prison population grows 600% in past 30 years, world’s largest

• California, much the same• incarceration rate about average of other states

• but much higher recidivism rate

States pull back due to expense, under Bush, Feds dig in

• many states, including CA have retreated from mandatory minimums, but U.S. Attorney General is still calling for max penalties

California’s experiment with drug courts and Prop 36

• 1990s CA began diverting some non-violent drug offenders to courts offering treatment

• 2000 Prop 36 created expanded additional program

• 30,000 diverted per year, saving CA money, studies have shown more successful than prison at combating recidivism

Getting smart on crime?

juvenile justice

• Most states create separate system for juveniles in early 20th century

• juveniles typically face “hearings” not trials, until 1960’s, received few adult protections

• 1990’s: growth in violent juvenile crime, and movement to try juveniles as adults--in CA, prop 21 passed in 2000

CYA cages--http://www.californiaconnected.org/wp/archives/194

VIII Amendment--Capital Punishment

• Furman v Georgia (1972)- cruel and unusual punishment due to inconsistent application

• Gregg v Georgia (1976)- capital punishment can be constitutional

• Protected categories reflecting “national consensus of evolving standards”:

- mentally retarded (2002)

- minors under age 18 at time of crime (2003)

VIII Amendment--Capital Punishment--cont’d

• Race as a factor:

• McClesky v Kemp (1987)• has to be a specific case of racial discrimination- as opposed to logic of Furman

DP in CA

• Reinstated after the Gregg case

• Since then 13 executions

• Biggest death row in U.S.

• But rate of new death sentences slowing dramatically

Method of execution

• most states with dp now offer lethal injection as sole or primary method

• Recently: U.S. District Ct: must be applied humanely