Juvenile Facilities, Jails, and Prison Populations

In 2000, 2002, and 2004, the state of Kansas had 34, 39, and 35 privately run juvenile facilities, respectively (U.S. Department of Justice, 2004). Although the number increased from 2000 to 2002, going against the national trend, it did decrease from 2002 to 2004, in line with the national average. A possible explanation for the increase and subsequent decrease in privately run juvenile facilities in the state of Kansas might be that the private companies were responding to demand from 2000 to 2002, but after finding the facilities to be ineffective, did not continue in the timespan of 2002 to 2004. Another explanation could be that from 2000 to 2002, the state-run juvenile facilities improved. It is also possible that it was found that state-run facilities were more secure.

During 1999, Kansas averaged 3 inmates per correctional officer, a relatively low number compared to other states - Utah's average was 7.3 and New Mexico's was 5.9. Kansas had 97 prisons, with an average of 5,565 prisoners per prison. This means that the rated capacity was 79%, giving the facilities 21% of capacity to spare (U.S. Department of Justice, 2001). Overall, the Kansas correctional facilities were not overcrowded in 1999. Compared to most other states, Kansas had more prisons, therefore having fewer prisoners per prison. Additionally, Kansas is composed of largely rural areas, which would likely cause the crime rate to be lower than that of the urban cities of other states. The lack of urban areas would also contribute to the lack of overcrowding because fewer crimes punishable by jail time would be committed.

The Bureau of Justice kept extensive records on the amount of prisoners in the United States for the past several years. Doing so allowed them to monitor changes in the prison population and the try to attribute it to causes. The studies in the years 2000, 2006 and 2007 showed the American prison male population to have 1,298,927, 1,457,486 and 1,483,896 prisoners, respectively (West, HCW, & Sabol, 2008). While the crime rate seemed to have been deterred, the prison population has increased on the national basis. From 2000-2006 there was a 1.9% increase on average, but from 2006-2007 there was a 1.8% increase. Considering the 12 states in midwest, the overall summary is promising. While accounting for more then a fifth of the states of the union, the Midwest accounts for 1/6 - 1/7 of the U.S.'s prison population. The numbers showed the male prison population admitted 222,780, in 2000; 243,743 admitted, in 2006 and 245,207 admitted in 2007 - an increase of only 0.60% in the past year. The female populous showed a larger increase than the males, but still only represent 1/15 of the state's total (West, HCW, & Sabol, 2008). (Image taken from criminaljustice.change.org)

Kansas specifically has incarcerated 7,840 males in 2000, 8,140 in 2006 and 8,071 in 2007. 2000-2006 had an average increase of 0.70% while during 2006-2007 it decreased by 1.3% - the third lowest drop next to South Dakota and Michigan. Females again are a different story - in 2000 there were 504 in prison, while in 2006 there were 638 in prison and in 2007 there were 625. All were tiny changes that caused the average to drop and fall drastically from an increase in 4% to a decrease in 2%.

Three causes of the dissipation of crime in Kansas could be attributed by:

• the economy may be in turmoil, but their unemployment system is different from other states. The State of Kansas has launched a new registration process that automatically registers Unemployment Insurance (UI) applicants for services.


• the population of the state itself as compared to larger states where crime is more rampant.


• the increase in drug crime, where females aren't as sparsely represented.

References

U.S. Department of Justice. (2004). Juvenile offenders and victims national report series. Bureau of Justice Statistics. Retrieved November 23, 2009, from University of Albany website: http://www.albany.edu/sourcebook/pdf/t100092004.pdf

U.S. Department of Justice. (2001). Census of jails, 1999. Bureau of Justice Statistics. Retrieved November 23, 2009, from University of Albany website: http://www.albany.edu/sourcebook/pdf/t198.pdf

West, HCW, & Sabol, WJS. (2008). Female prisoners in 2007. Bureau of justice statistics. Retrieved November 23, 2009, from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

West, HCW, & Sabol, WJS. (2008). Male prisoners in 2007. Bureau of justice statistics. Retrieved November 23, 2009, from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

The Death Penalty, Parole, Probation, and Restorative Justice

The state of Kansas currently has the option of the death penalty, but there have been no executions since it was reinstated in 1994. There are currently 10 people on death row, all of whom are men. Defendants can be sentenced to life without parole, and also can be sentenced to death even if he/she did not commit the murder. The method used for the Kansas death penalty is lethal injection, and after the sentence has been determined by a jury, only the governor can grant clemency, although this has never occurred.

The first person to ever be executed in Kansas was a Native American man of unspecified age named John Coon, Jr., who was executed in January of 1853. He was sentenced to death, and was executed by gunshot after being convicted of murder. The most recent execution in Kansas was on June 22, 1965, when James Latham, a 23 year old white male, was hanged for robbery and murder (Espy, 2002). Although the first execution in Kansas was that of a Native American, the great majority of executions were of white males. Both men were convicted of murder, but Latham was additionally convicted of robbery. The method of execution varied - Coon was killed by gunshot while Latham was hanged - but both of these methods are outdated compared to today's lethal injection.

The Bureau of Justice records statistics on the amounts of paroled and probation. Their findings show that in 2006 the United States had 485,882 citizens reported into parole and 1,846,224 into probation. From them, 469,768 and 1,780,590 exited, respectively (Glaze, LEG, & Bonczar, 2006). When broken down and looked more specifically on the state of Kansas, there were only 5,785 entries and 5,565 exits to and from parole and 19,835 entries into probation and 19,327 exits. When accounting for the 12 states of the midwest, Kansas effectively represents 11% of all parole, but 4.09% of all people in probation (Glaze, LEG, & Bonczar, 2006). Their numbers are a bit average for states in the midwest, but their number of people on parole/probation per 100,000 adults is far exceeding the average. Due to the low population in Kansas, when you compare it to another group like Ohio which has five times as many people in probation, the state of Kansas is above 1/4 as many people in standing.



The Kansas Department of Corrections offers a program that allows victims to speak one-on-one in meetings with offenders. Their program has two employees that work with the victims. Victims wishing to speak with the offenders must request to be put on the waiting list, and then wait for as long as one year before they can meet the offenders. In the process, victims and offenders are looked into in order to ensure that victims understand the process and are ready to meet the offenders, and the offenders are analyzed to see if they can have reasonable meetings with victims. The process is extensive, and nothing is guaranteed - since 2002, only 7 meetings have taken place. Still, the program has been effective. It provides a meaningful experience for both victims and offenders, and there have been talks of expanding it through volunteers working for the Department of Corrections (Janney, 2009). (Photograph originally found at http://www.flickr.com/photos/parsec1/719012048/)

References
Espy, M. (2002). Executions in the U.S. 1608-2002: The ESPY File. Retrieved November 17, 2009, from Death Penalty Information Center website: http://deathpenaltyinfo.org/ESPYstate.pdf

Glaze, LEG, & Bonczar, TPB. (2006). Adults on parole. Bureau of justice statistics. Retrieved November 17, 2009, from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

Glaze, LEG, & Bonczar, TPB. (2006). Adults on probation. Bureau of justice statistics. Retrieved November 17, 2009, from https://webcampus.nevada.edu/webct/urw/lc33129041.tp0/cobaltMainFrame.dowebct

Janney, Cristina. (2009). Victims of violence meet with offenders in program. Retrieved November 17, 2009, from Newton Kansan website: http://www.thekansan.com/news/x1312012843/Victims-of-violence-meet-with-offenders-in-program

"State by State..", DPIC. (2009). State by state database: death penalty. Retrieved November 16, 2009, from Death Penalty Information Center: http://www.deathpenaltyinfo.org/state_by_state

Juries, Evidence, and Speedy Trial Statutes

In Kansas, a preliminary hearing is generally the first step in the pretrial process. However, a grand jury can be summoned in any county in Kansas if thought to be in the public’s best interest. A grand jury must be summoned within 60 days after the petition and must be signed by 100 electors and 2% of the number of votes cast for governor in that county in the last election (Justia.com).

After the petition is signed, the judges in the district court will review the petition and if it is proper and complete, a grand jury with be summoned. The grand jury consists of 15 people who are legally qualified to serve. (Justia.com)

The grand jury has two roles, to act as an independent investigator and to act as the community’s conscience. In the first role, they look for general criminal activity then report their findings in a presentment. In the second role, they question witnesses and examine evidence then decided if there is need for prosecution. If there is probable cause for prosecution a true bill is affirmed; if there is no probable cause a no bill is passed (Siegel, 2008).

In a preliminary hearing, the goals are generally the same, however, the approach is different. The hearing is conducted before a lower court judge and may be open to the public. In the hearing, the defendant and his counsel are present as well as the prosecuting attorney. First, the prosecution presents it case with witnesses and evidence to the judge. The defendant is then allowed to cross-examine witnesses and challenge the prosecutor’s evidence. After the hearing, the judge will decide if there is sufficient probable cause that the defendantcommitted the crime and if there is he will then have a trial. If there is not sufficient cause, the charges are dismissed and the defendant is released (Siegel, 2008).

There was a doctor in by the name of George Tiller. He was in charge of one of three clinics in the country that perform late-term abortions. Two years back, he was charged with 19 different misdemeanors. Without getting a second option, Tiller performed several late-term that were risky due to certain circumstances; however, a reasonable professional would second option them. So the state's attorney general filed the charges and he was put under review (Winter, 2007). He was acquired, but sadly all publications on the trial caused some unwanted attention by pro-life supporters. The Kansas doctor, George Tiller was killed. The suspect, 51-year-old Scott Roeder, was charged with first-degree murder and aggravated assault. He later admitted to killing George Tiller, altering his plea to non-guilty by "Necessary Defense" (Associated Press, 2009).


(From the movie "12 Angry Jurors" taken from The Play House)

The jurors' selection was under constant review (Hegemen, 2009). This wasn't just a case of murder, but it was murder in the defense of unborn children and could have become a landmark case for pro-life or pro-choice supporters. Mark Rudy, the attorney representing the state, said,

"The abortion issue is so contentious, that by eliminating pro-life jury panelists impartiality is compromised. It is the contemplation of a heated deliberation, by jurors of all views, including those who are pro-life, that will insure impartial jurors."

He took the path to show that to be perfectly impartial, the selection cannot push aside pro-life or pro-choice advocates. Of course the prosecution would prefer the pro-choice supporters who would see this simply as the killing of a man instead of something greater. The defense would prefer pro-life activists who perhaps could think deeper into such a defense, but even then it could mean very little. There's no statement in the bible which condones murder, and any pro-life supporter would chime that we are not who gets to decide who will live or who will die.

In a different criminal case, Robert Jarman of Columbus, Kansas, was accused of second-degree murder after shooting his wife Suzanne in 2007. The incident occurred when Jarman and his wife were supposedly placing a shotgun into a gun safe. Jarman claims that there was an accidental discharge of the weapon, and the shot hit Suzanne in the back of the head, killing her.

In determining whether the firing of the shotgun was intentional, the direct evidence that the prosecution used include testimony from expert witnesses - the combination of a forensic pathologist, blood pattern specialist, and gun expert - claiming that the gun was held in the traditional firing position and that accidental discharge was not possible. Also used as direct evidence was testimony from Jarman's psychologist, who stated that the prescription drugs Jarman used had the potential to cause impaired judgement. Circumstantial evidence that was used in the case included the shotgun used in the incident, a 911 call that Jarman made immediately following the incident, claiming that he accidentally had shot his wife, and Jarman's jeans, which contained blood stains (McKinney, 2009).

The witness testimony supports the prosecution because it determined that in the given scenario, Jarman would have had to intentionally fire the gun to kill his wife - the blood patterns, forensic evidence, and handling of the gun would require it, according to those who testified. The prosecution countered the psychologist's testimony by saying that although impaired judgement was possible, there was no evidence that it was a factor in the homicide. The 911 call would likely work against the prosecution because Jarman was clearly distraught in the recording, which was argued by the defense. The gun and jeans were used by the prosecution for the examination of blood stains on the two pieces of evidence that would support the intentional homicide argument.

The state of Kansas acknowledges the right to a speedy trial. Within 90 days of arraignment, those charged with a crime must be brought to court, with the exception of a requested delay by the defendant or the court issuing a delay that is within the law (Lawyers.com, 2009). The state of Nevada is less specific in recognition of a speedy trial, although the Sixth Amendment provides the right to a speedy trial. Nevada states that the court must have the trial within 60 days, unless the person charged with the crime requests a delay in the trial (Lawyers.com, 2009).

References

Associated Press, AP. (2009). Ap: suspect admits killing Kansas abortion doctor. Retrieved November 9, 2009, from USA Today website: http://content.usatoday.com/communities/ondeadline/post/2009/11/ap-suspects-admits-killing-kansas-abortion-doctor/1

Hegemen, RH. (2009). Juror beliefs an issue, says defense. Retrieved November 9, 2009, The Wichita Eagle website: from http://www.kansas.com/news/crime-courts/story/1033645.html

Justia.com. (n.d.). 22-3001. Grand juries; summoning; membership; quorum. Retrieved November 10, 2009, from Justia.com Website: http://law.justia.com/kansas/codes/chapter22/statute_12056.html

Lawyers.com. (2009). Criminal Process in Kansas. Retrieved November 10, 2009, from Lawyers.com website: http://research.lawyers.com/Kansas/Criminal-Process-in-Kansas.html

Lawyers.com. (2009). Criminal Process in Nevada. Retrieved November 10, 2009, from Lawyers.com website: http://research.lawyers.com/Nevada/Criminal-Process-in-Nevada.html

McKinney, Roger. (2009). Murder trial begins for man accused of shooting his wife. Retrieved November 9, 2009, from The Joplin Globe website: http://www.joplinglobe.com/local/local_story_299214132.html/resources_printstory

Siegel, Larry J. (2008). Introduction to Criminal Justice. Belmont, CA: Wadsworth.

Winter, MW. (2007). Kansas abortion doctor charged with 19 misdemeanors. . USA Today, Retrieved from November 7, 2009, from http://blogs.usatoday.com/ondeadline/2007/06/kansas-abortion.html?csp=3