Tuesday, November 24, 2009

PRISON PROBATION PAROLE


Fig1 Source:http://chuckgallagher.files.wordpress.com/2007/11/prison-hands.jpg

We are asked to describe the juvenile system in three certain points in time, 2000, 2002 and 2004. In Vermont, at all three times there were more private juvenile center than public ones. In 2000 there were five juvenile centers, one public and four private. In 2002 the number of juvenile centers stayed the same. In 2004 juvenile centers decreased by one. There was still one public facility open but the private facility went from four to three. The number of juvenile centers slightly decreased. It went from five to five to four within four years.
One of the reasons I believe that the number of juvenile centers decreased is that there were less juvenile delinquents. The juveniles could have hated their first experiences of being in the juvenile centers and then changed their minds about being involved in criminal activities. Another reason could be that the 2000 -2002 generation was a bad generation. After those years they could have been a recession of juveniles because that generation was no longer considered juveniles. The last reason that could have been the reason for the decrease of juvenile centers is that there was a lot of space in two of the facilities so they merged. They could keep them open just incase there are more teens that turn to delinquents but judging by the previous years the number of juvenile delinquents either stayed around the same number or got less.


The prison population of women in Vermont has increased on an average of 11.9% from 2000-2006 and .6% from 2006-2007. The prison population for males has increased from 2000-2006 and then decreased from 2006-2007. The average annual change from 2006-2007 is 4.1% and -3.4% from 2006-2007. It might be possible that women the rate of women incarcerated in the time frame of these seven years has increased maybe because of drug use, violations of parole, and treason. In the time that the number of incarcerated men has increased the men probably committed crimes such as domestic violence, robbery, and assault with a deadly weapon.

Monday, November 16, 2009

Life without the possibilty of parole


Fig.1 source:http://lvillage.education.vic.gov.au/lv/tsc/hp.nsf/Files/jmissen/$File/electricchair%5B1%5D.jpg

In the state of Vermont there have been zero executions by death penalty since 1976, but before 1976 there were a reported number of executions in the amount of 26. There are zero persons on death row currently in the state of Vermont, which means there are zero women and men on the fend of being executed. There is a one point nine percent of murder rate in Vermont per 100,000 people. There is a life sentence without the option of parole. A person is not able to get death for a felony murder in which he or she did not commit. There have been no innocent people freed from death row and there has also been no clemencies granted in the state of Vermont.

The first execution from 1608-2002 was the hanging of David Redding. He was a white male and his age was not documented in the ESPY file Executions by State. Redding was hung on June 11, 1778 for the crime: treason. The last execution documented was Murder Electrocution to Donald Demag. He was a 29 year old male who committed robbery. He was executed on December 8 1954. The differences in the crimes committed by the two men are treason, which is defined as a violation of allegiance to one's sovereign or to one's state, and robbery, defined as The act or an instance of unlawfully taking the property of another by the use of violence or intimidation(dictionary.com). The two men were executed in two different manners. As documented, David Redding was hung. On the other hand Donald Demag suffered from Murder Electrocution where he was killed by electric currents flowing through his body.

Fig2.Source:http://www.cinema.com/image_lib/6766_heading.jpg

Based on Bureau of Justice Statistics for 2006 we can see that the State of Vermont has a higher rate of probation that parole. The number of entries for parole is 461 while the number of exits is 556. The total parole population is 965, and the number per 100,000 residents is 197. The number of entries for probation is 4489, and the number of exits 5,791. The Probation population is a lot bigger than the parole population. The probation population is 7,631, and the number of residents per 100,000 residents is 1,554. The state of Indiana has both a higher parole and probation population. There exits and entries for parole are 7,555 and 6,900. The total population for parole is 131,037, and per 100,000 residents are 261. Indiana’s exits and entries for probation are 96,356 and 93,895. The total population for Indiana’s probation is 120,421 and per 100,000 residents 2,533. CSI Vermont thinks this because Indiana is a much bigger state than Vermont. The population sizes differ for the most part and if you look at the crime rate there is more crime in Indiana than Vermont.

In 1995 Vermont received its first Restorative justice program. It was called Reparative Probation. This program was to local citizens and people who were convicted of misdemeanors and other felonies. The offenders were recommend by the VDC. The offenders were to talk about their offense and figure out ways how they can give back to their community or figure out ways they can apologize to their victims. It also help ex-cons with way how they cannot do the crime over that they had did. This program has been very successful over the years. Reparative Probation has been awarded the Innovations in American Government award sponsored by the Ford Foundation and Harvard University.

Resources:
Death Penalty Information Center (2009) Retrieved November 14, 2009, DPIC Death Penalty Information Center Web site: http://www.deathpenaltyinfo.org/state_by_state

Cohen, Ron. (1997). Forgiveness and restorative justice in vermont. Retrieved from http://planetvermont.com/pvq/v8n4/justice.html

Wednesday, November 4, 2009

Speedy Trial

Rutland, Vermont uses the grand jury procedure instead of the preliminary hearing method. The differences between the two procedures is that a grand jury is a group of people that are selected and sworn in by a court who listens to evidence, and decides if someone should be charged with a crime. However, the preliminary hearing is where the prosecutor presents evidence to the judge in an attempt to show that there is probable cause that a person committed a crime and then makes the same type of determination as the grand jury makes.


Fig2. Source:http://www.jewelinfo4u.com/images/Gallery/Dog-Necklaces.jpg

Police officer Michael Wootton was accused of animal cruelty after shooting his neighbor’s dog. He claims that his neighbor’s 80 pound dog attacked his 20 pound dog. After failing the attempt to separate the fighting dogs Wootton went inside his house, grabbed his hand gun, and shot his neighbor’s dog to death. Lawyers took two hours to pick a jury. No challenges for cause or peremptory challenges were mentioned from the press. However, the defense would probably want a jury who could care less about the cruelty done to animals and the prosecuters would prefer animal lovers who are unconditionally against the abuse of animals.


Fig3. Source:http://www.nlm.nih.gov/visibleproofs/media/detailed/vi_b_323.jpg

Latonia Congress is the aunt of the deceased sixteen year old Shatavia Alford whom was stabbed to death. Latonia Congress is being charged with second-degree murder. The direct evidence in the case was a photograph of the murder weapon which was an ordinary kitchen knife in which the accused had repeatedly stabbed the niece with due to an over-heated argument about laundry. A photograph of the knife taken by forensics had to be used instead of the actual murder weapon due to it mysteriously disappearing. In the court room forensics reported that unprovoked deadly force was used on the murder victim which was part one of the circumstantial evidence, and the second part to the circumstantial evidence was a recording of the 911 call that was placed after the murder had taken place. This evidence convinced the judge that Latonia Congress is guilty of second-degree murder and that she had acted irrationally and that this act taken upon her niece was neither in her nature nor character but none the less she is guilty and sentenced.

§ 7553b. Right to speedy trial if bail is denied

In Vermont one has the right to a speedy trial if their bail has been denied, except in instance of cases involving the punishment of the death penalty or a life sentence. If a person is held without bail prior to their trial then that persons trial should be set to arise for a period of no more than sixty days after bail has been denied. If the trial is not set to open within the sixty days and that delay does not contribute to the defense, then the court has to immediately set a bail and hearing and set bail for the defendant.

In Nevada you the right to a speedy trial under the sixth amendment in the constitution which requires the defendant’s trial be held within an amount of time; however this right can be waived if you ask for additional time to prepare for your defense. You have the right to a trial within sixty days after you being charged with a crime, unless you have postponed your trial by filling an application with the court.

The difference between these two states is the fact that in Vermont you can have a speedy trial if your bail has been denied, whereas in Nevada you can have a speedy trial sixty days within being charged with a crime.

RESOURCES

Mercer, Ryan (2009, October,16). Vt. woman arrested in death of 16 year old. Burlington Press, Retrieved November 6,2009, from http://www.burlingtonfreepress.com/article/20091016/NEWS02/91016009/Vt.-woman-arrested-in-death-of-16-year-old


Title 13: Crimes and Criminal Procedure. Retrieved November 07, 2009, from The Vermont Statutes Online Web site: http://www.leg.state.vt.us/statutes/sections.cfm?Title=13&Chapter=229