Transcript Lecture 6: Civil Liberties, cont`d

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”
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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 selfincrimination
- 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 “nonserious” 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)
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cruel and unusual punishment due to inconsistent application
• Gregg v Georgia (1976)
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capital punishment can be constitutional
• Protected categories reflecting “national
consensus of evolving standards”:
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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
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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