When National Courts get Involved with Criminal Justice

1. an individual convicted of a state-level crime appeals his or her case to the nat'l court sytem

2. an individual is indicted by a federal grand jury on charges related to federal criminal law

methods that the government uses to detect, investigate, apprehend, prosecute, convict, and punish criminals

based off of rules, and landmark court cases

local level: prosecuting v. defense

federal level: assistant attorneys general, defense attorneys, or public defenders

• courts
• judges
• attorneys
• elected officials
• bureaucrats
• interest groups

Person- Related crimes

involve the physical assault or threat of assault on another person's physical being/ psyche, or a crime against oneself with the intent to cause harm

ex: murder, assault, drug use/dealing, domestic violence

Property Crimes

involve taking, damaging, or destroying property belonging to other individual(s)

ex: burglary, forgery, vandalism, arson

• modern society: Emile Durkheim, society defines criminal behavior (make things good or bad- ex: smoking marijuana highly accepted)
  
• poverty: motivator for property crimes, culture explanation for violent crimes
  
• education: less education one has, the more likely they are to commit a crime; rejection of formal education may be the 'first stem" in the development of antisocial attitudes, juvenile deliquency, or social deviancy
  
• race or ethnicity: in relation to socio-economic conditions, or a cultures tendency to use violence as an acceptable method or solving disputes or pursuing personal goals

• Genetic Composition: parental or siblings characteristics and predilection to engage in criminal behavior
  
• Intelligence: IQ tests and psychological profiles have been used to explain/predict the probability of criminal behavior. Criminals tend to have lower levels of intellectual and emotional intelligence.

1. Preliminary Procedings
2. Indictment
3. Arraignment
4. Venue
5. Trial
6. Postconviction Procedures

• prosecuting attorney requests warrant
• law enforcement executes warrant, makes an arrest
  
• charges presented to a judge
  
• judge finds 'probable cause for proceeding' (or not)
  
• probable cause --> presented to a grand jury

• prosecuting attorney, judge, grand jury present
• grand jury judges to see if there is sufficient evidence for a trail

Arraignment

• charges made public, defendent asked to enter a plea of guilt or innocence 
• venue for trial determined, choose defense counsel

Venue

• trial date/location chosen
•  trial may occur in another jurisdiction to ensure fairness to the defendant

Trial

defendent as if they would like to be tried by jury (normally 12 adults)

guilt established, date set for sentencing

Rehabilitation vs. Retribution

Rehabilitation: socioeconomic deprivation contribute to criminal behavior, can be rectified by society (modern liberal perspective), true impact unclear

Retribution: crime rational choice, criminal considers costs and benefits of crime. Punishment increases costs, discouraging crime. (classical liberal perspective), impact debated

retributive justice or just cruel?

Control Model: punishment leading to contrition and social renewal

Responsibility Model: rewards good behavior and self-discipline

Consensual Model: non-violent prison governance

Hate Crimes Sentencing Enhancement of 1994

Violence Against Women Act of 1994

Church Arsons Prevention Act of 1996

Hate Crimes Prevention Acts of 1998/9

Amber Alert

Megan's Law

Public

Corruption

U.S.A. Patriot Act

• response to 9/11
• relaxes requirements for search/seizures/electronic transmission surveillance
• posse commitatus (keeping military and domestic spheres seperate) restrictions relaxed- U.S military can play a role in criminal apprehension 
• increased penalties for money laundering, large businesses must fild suspicious activity reports (SARs)- documents exchange of money for goods/services that could conceivable be used for terrorist activity
• coordinates domestic/foreign intelligence efforts in terrorism

elite: elites/bueacrats constantly changing, which  lead to evolving policy priorites. Actors represent different ideas of what is right, all influence policy.

group: citizens play a role in influencing policy

institutionalism: insitutions create/implement criminal justice

president

congress

courts

bureaucracy

interest groups

citizens

Topeka Kansas, 1954

• court acts as a policy leader for racial equality
• Linda Brown had to walk across town in order to attend school the all-black school, wouldn't let her register for the all white school that was close to her house- father protested
• discovery that ultimately, seperate does not mean equal 
• 1954 - “doctrine of separate but equal has not place” in the realm of education
• 1955 - Separate but equal inherently unequal, States should separate will “all deliberate speed” (after one year)
• can't force rulings -- created white flight (moved out of urban areas to surburban areas) and the increase of private schooling 
• à state response one of massive resistence
• All desegregated schools had to be closed and no funding was provided for them to reopen

• previously Elementary and Secondary Education Act 
• increased accountability for schools through testing programs to measure outcomes
• must monitor/improve educational outcomes
• must design exams to measure student learning/teacher competency
• calculate, monitor, and publish results effectiveness of schools
• new provisions for teacher quality (must be fully licensed by state, have no cert requirements waived on emergency, temporary, provisional basis, educational requrements "highly qualified")
  
• privitization offered as an alternative to public schooling if there is low quality
  

American Federation of Teachers (AFT)

National Education Association (NEA)

• teacher's unions negotiate collective bargaining agreements 
• impact legislation, negotiate policy
• policy think tanks
• perform research

• increase professionalism of teachers through testing
• reduce class sizes to improve effectiveness of education (** does this really work? only shown in the US)
• increase student testing to measure intellectual growth
• promote competition through school choice

National Assessment of Education Progress

(NAEP)

• conducts nat'l assessments of student learning
• longitudinal analysis- set up to compare results over time
• 4th, 8th, and 12th grade

public schools that operate on a competitive bases w/ other public schools

increased flexibility in curricula, operations, teaching methods

• equal educational opportunity for all disabled children
• high quality education to disabled students
• integrates students into the traditional classroom

• 'Great Society' 1965
• serves the needs of low-income/minority students deemed educationally at risk due to socio-economic status
• focuses on learners under the age of 6

goods we cannot divide/sell, but that we can consume

public goods regulated by the government

are consumed, but can't be divided or sold

decide via political action who uses common goods

basic necessities, can't be denied to individuals or groups

opposed by green groups

incourages political and economic partnerships that promote large scale international capitlaist ventures, at the expence of the environment and developing nations

Nixon

bipartisan creation

first organized effort to regulate human caused impacts on the natural enviornment

enforces national environment regulations

creates national standards governing human impacts on the enviornment

requires that Council of Enviornmental quality monitor conditions of the environment, analyzes uses and adequacy of natural resources, envoronmental impacts of state/local government policy, nongovernmental organizations, and individuals

regulates water pollution

polluction not charged into rivers/streams w/o EPA approval

estabilished water quality standards for surface/groundwater sources

• establishes air quality standards regarding air emissions
• intended to be met by 1975
• particulate matter: combustion engines, nitrogen oxides, sulfur dioxide, carbon monoxide, carbon dioxide, ozone, cholofluorocarbons (CFCs)
• 1990- amendments direct EPA to reduce global warming gas emissions

• US Fish and Wildlife Service in charge of the legislation, but the EPA is involved with the enforcement
• 600 endangered plant and animal species, threatened by pollutants (like pesticies)
• helps protect the amimals as well as their habitat

• protects individual from harm in the workplace
• relates primarily to emissions/pollution (areas monitored by the EPA)

efforts to clean up toxic waste sites and to promote proper waste disposal

now called Superfund Amendments and Reauthorization Act (SARA)

reduction of industrial and government waste

promotes recycling/ efficient use of materials

works to reduce waste at the source of pollution

1. coal
2. natural gas
3. petroleum
4. Uranium

• solar energy
• wind energy
• geothermal energy
• hydro energy

1. income

2. education

3. profession

* why education is important, closely linked to socio-economic standards, political involvement, economic stuimulis, social integration, and assimilation

expectation that education should be widely available/ free

• originally from the articles of confederation
• land divided into townships
• needed free, compulsory education

* before/during time of civil war states/localities had signficican control over education

land grant to allocate federal land to schools

*before/during time of civil war states/localities had signifcant control over education

• provides federal aid to local schools, direct act of financial aid to schools
• Speaks to how this was a state local issue

§         Improve achievement among poor/disadvantaged students

§         9 titles that speak to different areas of education

·         Title I – big part of ESEA, school districts determine % of need, more funds your going to get: function of need, 2 ways:  free/reduced lunch eligible students (based on income), and those who w/in attendant zone on public assistance. Not all people on public assistance have children.

o       Education at no cost to parents

o       Federal mandate 

o       3 parts

§         1. full educational opportunity goal

§         2. concept for ‘child find’ – had to identify who these kids were (identify, locate, evaluate)

§         3. least restrictive/appropriate environment 

o       Spoke to children with ‘general disabilities’

-          argued 1981, won 1982

-          Texas passed legislation (1977) could deny localities funding if the localities couldn’t document the immigration status of the children

o       Had to prove the immigration status of minor children (either native born or naturalized)

o       Challenge to this- goes to Supreme court and gets struck down

o       Violation of the 14^th amendment (treating different groups of people differently)

o       5-4 ruling (whisper thin)

o       Children have no say over  immigration status, and shouldn’t be penalized

o       States have to educate all children regardless of legal status

-          Federal funding only allocates MAYBE 10% of it’s national budget towards education, the rest of the $ comes from states (property taxes, income taxes)

-          Indicator of success in schools is graduation rates

-          Compared by rates of different groups

-          Minorities consistently underperform

-          (though there is a gradual improvement)

o       Math, reading

o       As a function of race/ethnicity

o       Remarkably high dropout rates (esp. for Hispanics, who will be the largest minority group)

-          Gradual decrease in drop out rates through the years

-          drop out rate higher in minorities

-          drop out rates higher for Hispanics than for African Americans

-          hs diplomas worth lessà have to go to college if you want a job

-          income rates show a influence in drop out rates (Black vs. White, not Hispanics)

o       could differences lie in historic black colleges 

-          earning power limited if you don’t graduate from high school

Individual level bias -  Types of individuals that will always be more likely to organize

1.      Strong opinions

2.      Time available

3.      Economic resources

4.      occupation level

5.      education level

a.       more education you have, more you understand the important of education 

6.       socio-economic status

a.       Higher socio-economic status, more likely to participate

b.  feeling of political efficacy

Constituency level bias -  Some groups are better represented/ have an easier time organizing

Manser Olson (economics)

- no direct incentive for people to get involved, everyone recieves what they are lobbying for

•   not received as a result of hard work
• problem of free riders
• groups doomed to fail unless they can coerce their members (stick) or provide material or selective benefits (carrot)
• not based around obtaining public goods
• groups that provide selective material benefits tend to be the ones that have the most time and economic resources

a.       Environmental policy is very fragmented

b.      Congress’ jurisdictions is spread out across dozens over environmental groups

c.       Executive à 12 agencies plus EPA has direct effect over regulation over environmental policy

d.      Confliction w federalism

                                                                          i.      State governments control waste mamagement and  water control

                                                                        ii.      States/localities organize issues that effect them directly

1.      natural entities to deal with environmental issues

e.       at the federal level, focuschanged to accomplish 3 goals à reduce scope of the national government

f.       increased reliance on the public sector o increase handling of environmental policy issues

g.      publication of Rachel Carson’s Silent Spring (DDT)

h.      many environmental legislation enforced by the EPA

i.        stand alone agency to spearhead environmental legislation

j.        date started? 

k.      Protect environement and protect public health (lose lose enterprise) 

 Lose lose situation? Too much legislation

Epa hired, but just as likely to be fired (dependent on the president)

Government’s largest regulatory agency

 Challenges by EPA:

Spread out very thin,  Continually being loaded down, expensive and difficult to cover and enforce,   Incoherent agenda with inconceivable deadlines,        Without firm or consistent sense of direction

Federalism

Republicanism

Institutionalism

-          looks for 91 chemicals, but there are 60,000 chemicals that are used  in manufacturing

o       Don’t want to put limits on chemicals and cut out people who would otherwise support their campaign

o       Don’t want studies to make their laws obsolete

o       If you make legislation too specific, otherwise you won’t get many votes

o       Congress trusts the EPA for technical expertise to set clean water and air standards

-          Using high pressure water to scrub air clean but as a result makes water dirtier, then water goes through cleaning processes

-          No mandated limits for power plant discharges into waterways

-          Pollute and violate because its more cost effective to do so (not fined or punished enough)

o       33 violations, only fined 26,000$

-          If we look at the system and understand that it doesn’t work well, why is it so difficult to change?

o       Can’t just shut down power plantsà to dependent on the resources

o       Too difficult to change