Chapter 11 Criminal Justice 1 Learning Objectives 11

Chapter 11 Criminal Justice 1

Learning Objectives 11. 1 Identify the right of the accused and of victims 11. 2 Distinguish the types of crimes and punishments in Texas criminal law 11. 3 Explain the stages of the criminal justice process in Texas 11. 4 Evaluate the consequences of postconviction punishment in Texas 11. 5 Assess reforms to the Texas criminal justice process

Texan Justice • Rights of the Accused – Probable cause – Search and seizure – Guaranteed by both US Constitution and Texas Constitution • Victim Rights

Types of Crimes • Misdemeanors – Class A: most severe – Class C: least severe • Felonies • Drug Crimes • Juvenile Crime – Aged ten to sixteen – Different procedures

Criminal Justice Process • Pretrial – Appear before a judge: within 48 hours • Inform accused of the charges – Bail • Contract to release from prison and pay money as promise to return – Arraignment • After charges filed, initial appearance

Criminal Justice Process • Trial – Jury selection • Voir dire – Plea • Guilty • Not guilty • No contest – Does not admit guilt but is not contesting the underlying facts

Criminal Justice Process • Punishment – Physical Labor – Probation • Incarceration – – Overcrowding Fall in Crime Rate and Incarceration Drug Court Reform Privatization

Criminal Justice Process • Death Penalty – Since 1924 all executions carried out by state – Several crimes eligible for the death penalty • Hiring someone to murder someone else • Murdering a judge or correctional officer • Murdering during specific felonies – Race significant factor – Death row moved to The Polunsky Unit – Support for death penalty high in Texas • 72% of survey respondents favor

Life After Prison • Restricted Licensing, Employment, and Access to Programs – Ineligible for food stamp benefits – Ineligible for selected Medicaid programs – Ineligible for higher education scholarships • Voting Rights loss – Criminal disenfranchisement • Parole – Calendar time served plus good conduct time equals onefourth of the maximum sentence or fifteen years, whichever is less

Reforms • Alternatives to Incarceration • Bail Reforms • Addressing Prison Suicides • Grand Jury Reform • Death Penalty Reform

Texas Takeaways • The accused has the right to remain silent, consult with an attorney, have an attorney present during questioning, and protection from unreasonable search and seizure. • Victims have the right to be informed about the progress of a case at various points and the right to have the court take their safety into account on release of their attacker from a correctional facility. • The maximum penalty for a misdemeanor is up to a year in jail and/or a $4, 000 fine. The maximum penalty for a felony is death by lethal injection (the death penalty).

Texas Takeaways • The age range for a juvenile in Texas is ten to sixteen years old; at age seventeen defendants can be tried as adults. • A grand jury is responsible for bringing criminal charges against an individual. • Probation and deferred adjudication are two alternatives to incarceration. • Local, state, and federal governments maintain correctional facilities in Texas.

Texas Takeaways • Prison populations exploded in the 1980 s as the US Congress and state legislatures began to pass “tough on crime” legislation. • Criminal disenfranchisement is the loss of voting rights after a conviction. • The law requires a two-thirds vote of the board members to grant parole for capital offenses. • Each prisoner costs Texas taxpayers about $45 a day • The old system allowed grand jury commissioners to pick the grand jury pool. The new system institutes a random process for drawing jurors from a broader pool of potential applicants.