CCJ 2020 Final Exam Study Guide
CCJ 2020 Final Exam Study Guide CCJ 2020
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This 27 page Study Guide was uploaded by Ryan Desjardins on Tuesday April 12, 2016. The Study Guide belongs to CCJ 2020 at Florida State University taught by Elizabeth Borkowski in Spring 2016. Since its upload, it has received 76 views. For similar materials see Introduction to Criminal Justice in Criminology and Criminal Justice at Florida State University.
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CCJ 2020 Introduction to Criminal Justice Final Exam Study Guide Chapter 7 1. State Courts of Limited Jurisdiction Courts that have jurisdiction over misdemeanors and conduct preliminary investigations of felony charges. 2. Courts of General Jurisdiction State or federal courts that have jurisdiction over felony offenses and more serious civil cases (i.e., cases involving more than a dollar amount set by the legislature). 3. Appellate Court A court that reconsiders a case that has already been tried to determine whether the measures used complied with accepted rules of criminal procedure and were in accordance with constitutional doctrines. 4. Court of Last Resort A court that handles the final appeal on a matter. The US Supreme Court is the official court of last resort for criminal matters. 5. Writ of Certiorari An order of a superior court requesting that the record of an inferior court (or administrative body) be brought forward for review or inspection. 6. Landmark Decision A decision handed down by the US Supreme Court that becomes the law of the land and serves as a precedent for resolving similar legal issues. 7. Jury Trial The process of deciding a case by a group of persons selected and sworn in to serve as jurors at a criminal trial, often as a 6 or 12 person jury. 8. US Magistrate Judge A federal trial judge who is appointed by a district court judge and who presides over various civil cases with the consent of the parties and over certain misdemeanor cases. 9. Missouri Plan A method of picking judges through nonpartisan elections as a way to ensure that judges adhere to high standards of judicial performance. 10. Prosecutor Representative of the state (executive branch) in criminal proceedings; advocate for the states casethe chargein the adversary trial. Examples include the attorney general of the US, US attorneys, the attorney general of the states, district attorneys, etc. The prosecutor participates in investigations both before and after arrest, prepares legal docs, participates in obtaining arrest warrants, and decides whether to charge a suspect and, if so, with which offense. The prosecutor argues the states case at trial, advises the police, participates in plea negotiations, and makes sentencing recommendations. 11. Public Defender An attorney usually employed (at no cost to the accused) by the government to represent poor persons accused of a crime. 12. Adversarial Procedure The process of publicly pitting the prosecution and the defense against one another in pursuit of the truth. 13. Sixth AmendmentThe US constitutional amendment containing various criminal trial rights, such as the right to public trial, the right to trial by jury, and the right to confrontation of witnesses. 14. Gideon vs. Wainwright The 1963 US Supreme Court case that granted counsel to indigent defendants in felony prosecutions. 15. Assigned Counsel A lawyer appointed by the court to represent a defendant in a criminal case because the person is too poor to hire counsel. 16. Contract System (Attorney)Providing counsel to indigent offenders by having attorneys under contract to the county handle all (or some) such cases. What are the two types of state courts? Courts of Limited Jurisdiction and Courts of General Jurisdiction Difference between the courts of limited jurisdiction and courts of general jurisdiction? Limited Jurisdiction Courts are limited because they are restricted to hearing misdemeanors and conduct preliminary investigations of felony charges. General Jurisdiction Courts are state or federal. They have jurisdiction over felonies and more serious civil cases. What's the purpose of appellate courts? These courts do not try cases, they just review the procedures of the case to determine whether an error was made by judicial authorities. What are the 3 types of federal courts? What's the difference between them? US District Courts Serves as the trial courts of the federal system. Has jurisdiction over cases involving violations of federal laws, civil rights issues, questions involving citizenship, interstate transportation of stolen vehicles, and kidnappings. US Courts of Appeals Empowered to review federal and state appellate court cases involving rights guaranteed by the Constitution. US Supreme Court Nation's highest appellate body and the court of last resort for all cases. Define a "landmark decision" and a "writ of certiorari" When the Supreme Court rules on a case, a 'landmark decision' is made. When the Supreme Court decides to hear a case, it grants a 'writ of certiorari'. What is a defense counsel? What's their job? A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent them before a court of law. Their job is to ensure the defendants civil rights are not violated during the criminal justice process. 3 types of defense attorneys? Differences? Do conviction rates matter between the three? Private Attorney their own law firms and practices, very expensive, high fees Court Assigned Counsel a roster of all practicing attorneys within a specific jurisdiction. Fees are a rate set by the government. Public Defender Employed by the government for the purpose of providing services to defendants. Full time government staff. Conviction rates do NOT matter between the three types. What types of defense attorneys do offenders that can't afford much use? Court assigned counsel and public defenders are for those offenders that can't afford a private attorney th Define the 6 amendment? Right to council (right to have an attorney) What did the court case of Gideon v Wainwright grant? Grants council to defendants in felony cases. What happened in the court case of Argersinger v Hamlin? The court extended the obligation in the Gideon case to provide counseling (attorney) to all criminal cases where the punishment could be imprisonment. Chapter 8 1. Pretrial Procedures Critical pretrial processes and decisions, including bail, arraignment, and plea negotiation. 2. Bail The monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance. The purpose of bail is to ensure the return of the accused at subsequent proceedings. 3. Pretrial Detention Holding an offender in secure confinement before trial. 4. Release on Recognizance (ROR) A non monetary condition for the pretrial release of an accused individual; an alternative to monetary bail that is granted after the court determines that the accused has ties in the community, has no prior record of default, and is likely to appear at subsequent proceedings. 5. Manhattan Bail Project The innovative experiment in bail reform that introduced and successfully 6. Deposit BailThe monetary amount set by a judge at a hearing as a condition of a pretrial release; the percentage of the total bond required to be paid by the defendant. 7. Bail Reform Act of 1984 Federal legislation that provides for both greater emphasis on release on recognizance for non dangerous offenders and preventive detention for those who present a menace to the community. 8. Preventive Detention The practice of holding dangerous suspects before trial without bail. 9. Presentment The report of a grand jury investigation, which usually includes a recommendation of indictment. 10. Indictment The action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect. 11. No Bill The action by a grand jury when it votes not to indict an accused suspect. 12. Information Charging document filed by the prosecution that forms the basis of the preliminary hearing. 13. Preliminary HearingA hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. Three issues are decided: 1. Whether a crime was committed, 2. Whether the court has jurisdiction over the case, and 3. Whether there is sufficient probable cause to believe the defendant committed the alleged crime. 14. Plea Bargaining Non judicial settlement of a case in which the defendant exchanges a guilty plea for some consideration, such as a reduced sentence. 15. Diversion A non criminal alternative to trial, usually featuring counseling, job training, and educational opportunities. 16. Bench Trial The trial of a criminal matter by a judge only. The accused waives any constitutional right to trial by jury. 17. Adjudication The determination of guilt or innocence; a judgment concerning criminal charges. The majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury, some are adjudicated by a judge and a jury, some are adjudicated by a judge without a jury, and other are dismissed. 18. Confrontation Clause A part of the 6 Amendment that establishes the right of a criminal defendant to see and crossexamine all the witnesses against him or her. 19. Hearsay Evidence Testimony that is not firsthand but, rather, relates information told by a second party. 20. Compulsory Process Compelling the production of witnesses via a subpoena. 21. Subpoena An order requiring a witness to appear in court at a specified time and place. 22. Pro Se "For oneself"; presenting one's own defense in a criminal trial; self representation. 23. Proof Beyond a Reasonable Doubt The standard of proof needed to convict in a criminal case. The evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime. 24. Preponderance of the Evidence The level of proof in civil cases; more than half the evidence supports the allegations of one side. 25. Venire The group called for jury duty from which jury panels are selected. 26. Voir Dire The process in which a potential jury panel is questioned by the prosecution and the defense to select jurors who are unbiased and objective. 27. Challenge for Cause A request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgment in a particular case. 28. Peremptory Challenge The dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons. 29. Direct Examination The questioning of one's own (prosecution or defense) witness during a trial. 30. Cross ExaminationThe process in which the defense and the prosecution interrogate witnesses for the other side of the trial. 31. Directed VerdictThe right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law. 32. Jury Nullification A defense tactic that consists of suggesting that the jury acquit a defendant, despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case. 33. Appeal A request for an appellate court to examine a lower courts decision to determine whether proper procedures were followed. 34. Writ of Habeas Corpus "You may have the body"; Seeks to determine the validity of a detention by asking the court to release the person or give legal reasons for the incarceration. What occurs between the arrest and trial of an offender? Pretrial Procedures Most cases are resolved during what period of the trial process? Pretrial Period Define the grand jury Private citizens (23 of them) who hear evidence presented by the prosecution and votes on the incident Define indictment A formal listing of proposed charges What are the 2 distinct processes for formally charging a defendant? Indictment/Grand Jury and Information/Preliminary Hearing During the indictment and grand jury process, what happens? First, presentment, which is the report of a grand jury investigation, usually including a recommendation of indictment. Then, indictment, which is the action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect Define 'no bill' The action by a grand jury when it votes not to indict an accused suspect During information and preliminary hearing, what happens? A preliminary hearing is a hearing that occurs in lieu of a grand jury hearing when the prosecutor charges via information. Information is just a charging document filed by the prosecution that forms the basis for the preliminary hearing. Define bail The most common releasedetention decision making mechanism in American courts What two purposes does bail serve? Helps ensure reappearance of the accused, and prevents unconvicted individuals from suffering imprisonment unnecessarily How is the amount of bail calculated? Amount of bail is calculated in consideration of the security of the current offense, the offenders criminal history, and the offenders ability and or means to flee When does arraignment take place? What are its 2 purposes? Takes place in the specific court that can actually try the case 2 purposes are to inform suspect of specific charges, and allow the defendant to decide to enter a plea or not What are the 3 kinds of pleas? Define them Can plea Guilty, Can plea not Guilty, and can plea Nolo Contendere (meaning no contest, does not deny or accept the charges, but agrees to be punished) . Define pretrial diversion A noncriminal alternative to trial. It is a way of converting offenders away from the system 5 advantages pretrial diversion has to an offender are...? Avoid the stigma of a criminal record Continue to work and support his or her family Continue pursuing educational goals Access to rehabilitation services Restitution to the victim What are the 2 types of guilt? Define them. FactualWhere the defendant is actually guilty, people literally saw it Legal GuiltWhere the prosecutor proves with evidence only that he is guilty. Ex: "They got me on enough evidence" th What did the 6 amendment give the right to? What act was passed because of this amendment? Right to a speedy and public trial Speedy Trial Act (1974) was passed because of this amendment When is a Speedy Trial considered? A speedy trial is considered 70 days after the indictment that you must be seen in court What are the 3 types of challenges that arise when selecting a jury? Define them Challenge to the array: the belief that the pool of jurors is not reflective of the community or is biased in some way. Challenge for cause: a motion to remove a potential juror because they cannot be fair or impartial. Peremptory challenge: the right the challenge a potential juror without disclosing the reason for the challenge. Chapter 9 1. Penitentiary A state or federal correctional institution for the incarceration of felony offenders for terms of one year or more. 2. General Deterrence The theory that crime rates are influenced and controlled by the threat of criminal punishment. If people fear being apprehended and punished, they will not risk breaking the law. 3. Specific Deterrence A crime control policy suggesting that punishment should be severe enough to convince convicted offenders never to repeat their criminal activity. 4. Incapacitation The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society. 5. Blameworthy Culpable or guilty of participating in a particular criminal offense 6. Just Desert The philosophy of justice asserting that those who violate the rights of others deserve to be punished. The severity of punishment should be commensurate with the seriousness of the crime. 7. Rehabilitation The strategy of applying proper treatment so an offender will present no further threat to society. 8. Equity The action or practice of awarding each person what is due him or her; sanctions based on equity seek to compensate individual victims and society in general for their losses due to crime. 9. Indeterminate Sentence A term of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of 3 to 10 years. The prisoner would be eligible for parole after the minimum sentence has been served. Based on the belief that sentences should fit the crime, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. Judges can set a high minimum to override the purpose of the indeterminate sentence. 10. Determinate Sentence A fixed term of incarceration, such as three years imprisonment. Many people consider determinate sentences too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to servethat is, when they will be released. 11. Sentencing Guidelines A set of standards that define parameters for trial judges to follow in their sentencing decisions. 12. Mandatory Sentence A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses. 13. Concurrent Sentences Prison sentences for two or more criminal acts, served simultaneously and run together. 14. Consecutive Sentences Prison sentences for two or more criminal acts, served one after the other. 15. Chivalry Hypothesis The view that the low rates of female crime and delinquency are a reflection of the leniency with which police and judges treat female offenders. 16. Victim Impact Statement A post conviction statement by the victim of crime that may be used to guide sentencing decisions. 17. Brutalization Effect An outcome of capital punishment that enhances, rather than deters, the level of violence in society. The death penalty reinforces the view that violence is an appropriate response to provocation. 18. Lex Talionis The concept of retaliation, no specific punishment: the offender who was convicted will be sentenced to a conviction similar to the original punishment. 19. Flogging The earliest form of physical punishment. Whipping 20. Mutilation/Amputation Used more in ancient times, mainly deterrence for criminals. Ex: Aladdin, stealing a loaf of bread and the hand is almost cut off 21. Branding a physical, visible representation. Concept was to be able to identify repeat offenders and warn others 22. Public Humiliation done as a way for the community as a whole to get back at an offender (social contract theory), humiliates the offender enough to deter them from committing crime. 23. ExileSending criminals away to an island or isolated area and just completely remove them from society 24. Workhousesthe earliest form of imprisonment, wasn’t originally started for criminals. Made to teach the unemployed, homeless, etc (NOT CRIMINALS) how to farm, how to cook, and how to be successful and self sufficient 2 ways in which sentencing is viewed by citizens? What is the difference largely attributed to? Either too harsh for the crime committed, or too lenient for the crime committed Difference is largely attributed to individual opinion on the goals of modern sentencing What are the 5 goals of modern sentencing? Incapacitation, Retribution, Deterrence, Rehabilitation, and Restoration Define incapacitation, retribution, deterrence, rehab, and restoration IncapacitationIdea of this is that if you are going to commit crime, you are causing harm to society, so we are going to take you away from that society. The "lock 'em up" approach. RetributionVery similar to lex talionis, taking revenge on a criminal perpetrator. It is the earliest known rationale for punishment (death penalty) DeterrenceSeeks to inhibit criminal behavior through the fear of punishment. Uses the threat of punishment to convince people that a criminal activity is not worthwhile. RehabilitationAttempts to reform a criminal offender. Seeks to bring out fundamental changes in offenders and their behavior. Strategy is to apply proper treatment for the individual that offended enough to where the offender does not show any more hints that will offend in the future. Restorationattempts to make the victim whole again. Seeks to address the damage done by making the victim and the community right (social contract theory) Define the 'nothing works' doctrine The "Nothing Works" Doctrine claims that no matter how much rehabilitation people go through, nothing will stop them from committing crime. What year did violent crime peak? 1993 What goal of modern sentencing does social contract theory relate most to? Restoration What is the primary sentencing tool of the just deserts model? The primary sentencing tool of the just deserts model is imprisonment What goal of modern sentencing corresponds to the just deserts model of sentencing? Retribution. Corresponds to the just deserts model of sentencing, but can't really do 'eye for an eye' for most crimes, so the punishment they receive will be appropriate to the type and severity of the crime committed. Out of the 5 goals of modern sentencing, which one has the overall goal of crime prevention? Deterrence What was the goal of George W Bush's 10, 20, LIFE law? Deterrence of criminal behavior by using the threat of punishment to convince people that a criminal activity is not worth it. What are the 2 different types of deterrence? Define them Specific Deterrenceseeks to prevent a particular offender from engaging in repeat criminality General Deterrenceseeks to prevent other from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the particular offender being sentenced Retribution vs deterrence? Retribution is oriented towards the past, it seeks to redress wrongs already committed, and deterrence is a strategy towards the future. What does equity/restitution refer to? Equity/Restitution refers to reimbursement to society. It is the action or practice of award each person what is due to them What are the 4 common models of sentencing? Define them Indeterminate Sentencing Encourages rehabilitation through the use of general and relatively unspecific sentences. Believes that convicted offenders are more likely to participate in their own rehabilitation if participation will reduce the amount of time they have to spend in prison. Determinate Sentencing A fixed term of incarceration. "A one size fits all" type of sentencing. Mandatory Sentencing A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specific offense or series of offenses. Truth in Sentencing Requires offenders to serve a substantial portion of their sentence in prison, limiting the use of parole and good time credit. What three principles is determinate sentencing based on for all offenders? Define them Proportionality The severity of sanctions should bear a direct relationship to the seriousness of the crime committed. Equity Based on concerns with social equality, that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders. Social Debt An offender’s criminal history should objectively be taken into account in sentencing decisions. What type of sentencing includes the three strikes law? Define it Mandatory sentencing includes the Three Strikes Law. These are designed to impose longer sentences upon career or chronic violent offenders When trying to sentence an offender, an attorney must prove one of two circumstances that are? Define them Aggravated Circumstances Tends to make the crime seem more cruel and unnecessary Mitigating CircumstancesTends to make the crime seem less heinous An offenders sentence may be imposed in what two ways? Describe them May be imposed either concurrently (served simultaneously) or consecutively (served one at a time). Define presentence investigation. Who is it generally conducted by? The examination of a convicted offender’s background prior to sentencing. Generally conducted by probation or parole officers & are submitted to sentencing authorities. What is the PIR? What is it designed to do? Presentence Investigation Report. Designed to help the judge decide on the appropriate sentence within the limits established by law What three forms is the PIR presented in? Presented in three forms. Either... A detailed written report on the defendant’s personal and criminal history, including an assessment of present conditions in the defendant’s life. An abbreviated written report summarizing the information most likely to be useful in a sentencing decision. A verbal report to the court made by the investigating officer based on field notes but structured according to established categories. Name the 4 traditional sentencing options and define them. FinesRequiring the offender to be deprived of proceeds from criminal activity, enforce economic responsibility, or pay the courts or victim ProbationRelease of the offender on the grounds that they are monitored to make sure they do not commit any future criminal acts. ImprisonmentConfinement to a jail or prison for a determined amount of time, usually in a secure facility. DeathPutting the person to death in a manner approved by the government. What 2 factors determine how people are sentenced? Define them Legal Factors Characteristics of the offense that either aggravate or mitigate its seriousness, such as the severity of the offense, the offender’s prior criminal record, whether the offender used violence, whether the offender used weapons, and/or whether the crime was committed for money. ExtraLegal Factors Demographic factors relating to the offender or victim, such as social class, gender, age, and race. Chapter 10 25. ProbationA sentence entailing the conditional release of a convicted offender into the community under the supervision of the court (in the person of a probation officer), subject to certain conditions for a specified time. 26. Judicial Reprieve The common law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior. 27. RecognizanceThe medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior. 28. Sureties During the Middle Ages, people responsible for the behavior of an offender released before trial. 29. Probation Rules Conditions or restrictions mandated by the court that must be obeyed by a probationer. 30. Revocation An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer. 31. Suspended Sentence A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated. 32. Presentence Investigation An investigation performed by a probation officer attached to a trial court after the conviction of a defendant. 33. Intake The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings; also, the process in which a juvenile referral is received and a decision is made to file a petition in the juvenile court, release the juvenile, or refer the juvenile elsewhere. 34. Risk Classification Classifying probationers so that they may receive an appropriate level of treatment and control. 35. Motivational Interviewing A technique that increases the probationers' awareness of their potential problems by asking them to visualize a better future and learn strategies to reach their goals. 36. Day Fees A program requiring probationers to pay some of the costs of their treatment. 37. Intermediate Sanctions Punishments that fall between probation and prison ("probation plus"). Communitybased sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration. 38. Fine A money payment levied on offenders to compensate society for their misdeeds. 39. Day Fine A fine geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process. 40. Forfeiture The seizure of personal property by the state as a civil or criminal penalty. 41. Zero Tolerance The practice of seizing all instrumentalities of a crime, including homes, boats, and cars. It is an extreme example of the law of forfeiture. 42. Restitution A condition of probation in which the offender repays society or the victim of crime for the trouble and expense the offender caused. 43. Monetary Restitution A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out of pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs. 44. Community Service Restitution An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence. 45. Shock Probation A sentence in which offenders serve a short prison term before they begin probation to impress them with the pains of imprisonment. 46. Split Sentence A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community. 47. Intensive Probation Supervision (IPS) A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis. 48. House Arrest A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own homesuch as from 5 pm Friday until 8 am Monday. 49. Electronic Monitoring (EM) Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court ordered limitations on their freedom. 50. Residential Community Corrections (RCC) A nonsecure facility, located in the community, that houses probationers who need a more secure environment. Typically, residents are free during the day to go to work, school, or treatment, and they return in the evening for counseling sessions and meals. 51. Day Reporting Center (DRC) A nonresidential community based treatment program. 52. Restorative Justice A view of criminal justice that advocates peaceful solutions and mediation rather than coercive punishments. 53. Sentencing Circle A type of sentencing in which victims, family members, community members, and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community. Define community sentencing. "Use of a variety of officially ordered program based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence" What 3 things are community sentencing composed of? Composed of probation, parole, and intermediate sanctions (sanctions means punishment) Define probation, what is it goal, and how is it distributed? Probation is a suspension of imprisonment, its goal is to the maintain control of criminals while they're still involved in the community to help rehabilitate them, and it is a court ordered sanction. What three things did medieval times citizens use for probation? Define them all Judicial Reprieve (common law practice allowing judges to suspend sentences so that offenders could seek a pardon, gather new evidence, or prove they have changed their ways) Recognizance (form of bail bond allowing convicted offenders to go unpunished if they agree to refrain from further criminal activity) Sureties (says another person is responsible for the behavior of offenders before they get convicted) What did the courts establish in 14 century England? What does that mean for the offender? In 14 Century England, courts established the practice of 'binding over for good behavior', meaning the offender could be entrusted into the custody of willing citizens. Who was the 'Father of Corrections'? Why was he called this? John Augustus was known as the Father of Corrections. Used his own money to watch over certain groups of offenders instead of giving them jail time What happened in Boston in 1878 regarding probation? In 1878, the city of Boston hired its first probation officer. Today, what is the most common form of criminal sentencing? Probation is the most common form of criminal sentencing 3 types of probation sentences are...? Direct sentence to probation, Suspended Sentence, and Split Sentence Two conditions of probation are? General and Specific. General vs specific conditions of probation? General Applies to all probationers. Probationers are required to pay a fine to the court which is designated to reimburse victims for damages and to pay lawyers fee's and other court costs Specific Tailored to a specific individual. Mandated by a judge who feels that the probationer is in need or particular guidance or control, usually depends on the nature of the offense. Ex: If you got a DUI, your license is removed. What are the 5 elements of probation? Presentence Investigation (If the offender is a good fit for probation) Intake (probation officer makes initial appearance) Diagnosis/Risk Classification (Reevaluate the offender and determine the amount of risk that they will reoffend, this helps determine what kind of treatment and amount of supervision the offender needs) Supervision Treatment (services given to the offender in the community to deter them from reoffending) What happened during the court cases of... (4 cases below) Minnesota v. Murphy (the relationship between the probationer and the officer is NOT confidential and can be used against them in a court of law) Griffin v. Wisconsin (probationers home may be searched without a warrant) Pennsylvania Board of Probation and Parole v. Scott (exclusionary rule does not apply to parole officers) United States v. Knights (probationers home may be searched without a warrant for the purpose of collecting evidence for a crime IF the search is based on reasonable suspicion and if the search was originally part of the court order) What are revocation rights? Rights when revoking an offenders parole What happened during the court cases of... (6 below) Escoe v. Zerbst (probation comes as an active grace, don’t need a hearing) Mempa v. Rhey (Entitled to council during the revocation process) Morrissey v. Brewer (Has to be a hearing to determine probable cause exists for a revocation hearing) Gagnon v. Scarpelli (a judge may deny a probationer access to an attorney/council if a case does not result in an actual revocation) Beardon v. Georgia (Judge can't revoke probation if they don’t pay fines) US v. Granderson (a revoked probationer can't be given a longer sentence than the original suspended sentence What percent of probation cases are successful? 60% are successful Why is most probation revoked? Most probation is revoked because of a technical violation, not a new offense, within the first 3 months What are 3 character traits a probationer has that makes them more likely to succeed with probation? If a probationer is married with children, adequately employed, and or educated they're most likely to succeed with probation. What is parole? What's the purpose of it? What does parole act as a stimulus towards? The supervised early release of inmates from correctional confinement. Purpose of parole is to return offenders gradually to productive lives. Parole acts as a stimulus for positive behavioral change Probation vs. Parole? Probationers avoid serving time in prison/jail when people on parole have already served time. What 4 things decide whether parole should be granted or not? Parole Boards, Mandatory Parole/Statutory Decrees, Discretionary Release, and Medical Parole (serious physical or mental health issues cause offenders to be released early) What does the parolee have to do to receive parole revocation? Parolee does not conform to the conditions of their parole which leads to parole revocation Advantages of Probation and Parole Lower cost than incarceration Increased Employment because they can stay in jobs Offenders still able to contribute to the 'free economy' Restitution Community Supportthey're still able to keep relationships with family and friends Increased Use of Community Services Increase Opportunity for Rehabilitation Disadvantages of Probation and Parole Relative Lack of Punishment Poses a risk to the community letting offenders back into the community Increased social costs (unemployment, living off other people's taxes) What are intermediate sanctions? What is the philosophy behind them? What are I.S.'s tailored to? The use of several community based correctional sanctions in lieu of other more traditional sanctions, such as imprisonment and fines. The philosophy behind intermediate sanction is when judges are offered wellplanned alternative to imprisonment for offenders who appear to represent little or no continuing threat to the community, the likelihood of a prison sentence is reduced. Tailored to the individual offender and the community he/she lives in. Three Distinct Advantages of I.S. Less expensive to operate per offender than imprisonment They are 'socially cost effective' They provide flexibility with resources, time of involvement, and place of service 8 types of indeterminate sanctions are? Define all Split Sentencing Explicitly requires the convicted offender to serve a period of confinement in a facility, followed by a period of probation Shock Probation Resembles split sentencing, offender serves a relatively short period of time in custody (PRISON RATHER THAN JAIL) and is release on probation by court order. Shock Parole An administrative decisions ordered by a paroling authority. Parole boards or their reps may order an inmates early release, hoping that the brief exposure to prison has reoriented the offender's life in a positive direction. Shock Incarceration a sentencing option that makes use of 'boot camp' type prisons to impress on convicted offenders the realities of prison life. It provides highly well ordered environments involving strict discipline, physical training, and hard labor. Usually made for younger, first time offenders. Mixed Sentencing Requires that convicted offenders serve weekends in a confinement facility (usually a jail) while undergoing probationary supervision in the community. Community Service An alternative that requires offenders to spend at least part of their time working for a community agency. Are usually minor criminals, drunk drivers, and youthful offenders. IPS Intensive Probation Supervision. A form of probation supervision involving frequent face to face contact. Designed to achieve control in a community setting over offenders who would otherwise go to prison. IPS caseloads are much lower than the national average of probation caseloads. Home Confinement aka house arrest, a sentence imposed by the court in which offenders are legally ordered to remain confined to their own residences. Usually makes use of a system of remote location monitoring (ankle bracelets). Shock probation vs split sentencing? Difference between these two is that shock probation clients must apply for probationary release from confinement and cannot be certain of the judges decision. Thus if probationary release is ordered it may well come as a 'shock' to the offender. What type of indeterminate sanction has a very insignificant effect? Shock Incarceration What type of indeterminate sanction is 'the strictest form of probation for adults in the USA'? IPS (Intensive Probation Supervision) What did Howard Zehr say about restorative justice? "If crime is a wound, justice should be healing" What does the restorative justice view of criminal justice focus on? Restorative Justice is a view of criminal justice that focuses on crime as an act against a community rather than the state. What does the concept of restoration believe about the justice policy? The concept of restoration believes the justice policy should repair the harm caused by crime. What is a core concept of restorative justice? Recognition by offenders that they have caused injury and their acceptance of responsibility. Commitment to what two types of reparation is needed in restorative justice programs? Commitment to both material reparation and symbolic reparation. Retributive justice vs restorative justice; what do they ask regarding crime? Retributive Justice Asks: What rule was broken? Who broke it? What punishment is warranted? Restorative Justice Asks: Who was harmed? What are the needs and responsibilities of those affected? How do all affected parties together address needs and repair harm? Chapter 11 1. Prison A state or federal correctional institution for incarceration of felony offenders for terms of one year or more. 2. JailA place to detain people awaiting trial, to serve as a lockup for drunks and disorderly individuals, and to confine convicted misdemeanants serving sentences of less than one year. 3. HulksAbandoned ships anchored in harbors and used in 18 century England to house prisoners. 4. Walnut Street Jail An 18 century institution that housed convicted criminals in Philadelphia. 5. Penitentiary House Term used for early prisons, so named because inmates were supposed to do penitence for their sins. 6. Congregate System Prison system first used in New York that allowed inmates to engage in group activities such as work, meals, and recreation. 7. Pennsylvania System The correctional model used in Pennsylvania that isolated inmates from one another prevent them from planning escapes, to make them easy to manage, and to give them time to experience penitence. 8. Contract System The practice of correctional officials selling the labor of inmates to private businesses. 9. ConvictLease System The practice of leasing inmates to a business for a fixed annual fee. 10. Medical Model A correctional philosophy grounded on the belief that inmates are sick people who need treatment rather than punishment to help them reform. 11. Penal Harm A philosophy based on the belief that harsh treatment while serving a correctional sentence will convince offenders that crime does not pay, thereby lowering the chances of recidivism. 12. MaximumSecurity Prison A correctional institution that houses dangerous felons and maintains strict security measures, high walls, and limited contact with the outside world. 13. SuperMaximumSecurity Prison The newest form of a maximum security prison that uses high level security measures to incapacitate the nation's most dangerous criminals. Most inmates are in lockdown 23 hours a day. 14. MediumSecurity Prison A less secure institution that houses nonviolent offenders and provides more opportunities for contact with the outside world. 15. MinimumSecurity Prison The least secure institution, which houses white collar and nonviolent offenders, maintains few security measures, and has liberal furlough and visitation policies. 16. Boot Camp A short term militaristic correctional facility in which inmates undergo intensive physical conditioning and discipline. 17. Halfway House A community based correctional facility that houses inmates before their outright release so they can become gradually acclimated to conventional society. Jail vs. Prison Jail is for misdemeanor offenses punishable by less than one year Prison is for felony offenses punishable by more than a year When were the first American prisons built? Where and by whom? First American prisons were built in Pennsylvania under leadership of William Penn When was Newgate Prison established? 1773: Newgate Prison was established When was Castle Island established? 1785: Castle Island was established Define the Pennsylvania system. When was it started, what did it focus on, how did it emphasize rehabilitation The Pennsylvania System (1790) was a form of imprisonment developed by the Pennsylvania Quakers as an alternative to corporal punishments. Focused on repentance through solitary confinement and encouraged rehabilitation. Emphasized rehabilitation through penance and the study of the bible was strongly encouraged of the inmates. Define the Auburn system. When was it started, what did it emphasize, what did this system reintroduce when handling offenders The Auburn System (1819) was a form of imprisonment developed in New York State that depended on mass prisons, where prisoners were held in congregate fashion and required to remain silent. Emphasized labor and meditation, and reintroduced corporal punishments when handling offenders. What was the reformatory movement based on? When was it started, what was its focus for inmates? The Reformatory Movement (1877) was based on the use of the indeterminate sentence and a belief in the possibility of rehabilitation, especially for youthful offenders. Focused on education to reform inmates. Define Norfolk Island, who was the warden, why is he important Norfolk Island was an Australian prison when Maconochie was the warden. He greatly improved the conditions of the prison and created a system of marks which inmates could earn credits to buy their freedom based on their behavior. What time period did Norfolk Island exist in? The Reformatory Movement Define the Irish system, who started it, what was this system based on, what did he believe about rehabilitation The Irish System was when Crofton incorporated the idea of early release from Norfolk Island and used it in the Irish system. His system was based on progressive stages which ended with the prisoners being allowed to live and work in the community and being supervised occasionally. He believed rehabilitation could not occur without reintegration into the community. When was the industrial era? What were prisons like during this time period? What was the goal of prisons during the industrial era? 1890–1935 Most prisons were smelting steel, manufactured cabinets, molded tires, and turned out many other goods for the open market. The goal was to maximize use of the offender’s labor during imprisonment. What were the 6 systems on inmate labor used during the industrial era? 1. Contract System 2. Pieceprice System 3. Lease System 4. PublicAccount System 5. Stateuse System 6. Publicworks System What jail is the largest in the US? Second largest? Los Angeles County Jail Is the Largest Jail in the U.S. New York City Jail Is Second Largest What two jails house 5.33% of all jail inmates? County Jail and New York City Jail How are new generation jails built? What type of supervision does this new layout allow for? Built in clusters or pods which allow officers to view inmates easily from stationary positions. These allow for continuous supervision Define the two types of inmate supervision? Differences between them? Direct Supervision contains a cluster of cells surrounding a living area or 'pod', which has tables, chairs, TV's, etc. A correctional officer is stationed within the pod and can observe the inmates continuously and relate to them on a more personal level. Placing an officer here increases awareness of the behaviors and needs of the inmates, making it a safer environment for both staff and inmates. Indirect Supervision Similar in construction, but the correctional officers station is located inside a secure room. Microphones and speakers placed inside the pod and the officers station allows the officer to hear and communicate with inmates. What 3 levels are prisons organized into? Maximum security, medium security, and minimum security. Chapter 12 18. Total Institution A regimented, dehumanizing institution such as a prison, in which inmates are kept in social isolation, cut off from the world at large. 19. Inmate Subculture The loosely defined culture that pervades prisons and has its own norms, rules, and language. 20. Inmate Social Code An unwritten code of behavior, passed from older inmates to younger ones, that serves as a guideline to appropriate inmate behavior within the correctional institution. 21. Prisonization Assimilation into the separate culture in the prison that has its own set of rewards and behaviors, as well as its own norms, rules, and language. The traditional prison culture is now being replaced by a violent gang culture. 22. Make Believe Family In female institutions, the substitute family groupincluding faux father, mother, and siblingscreated by some inmates. 23. Cognitive Behavioral Therapy (CBT) A treatment approach that focuses on patterns of thinking and beliefs to help people become conscious of their own thoughts and behaviors so they can make positive changes. 24. Therapeutic Communities Institutions that rely on positive peer pressure within a highly structured social environment to create positive inmate change. 25. Work Release A prison treatment program that allows inmates to be released during the day to work in the community and then return to prison at night. 26. Furlough A correctional policy that allows inmates to leave the institution for vocational or educational training, for employment, or to maintain family ties. 27. Hands Off Doctrine The legal practice of allowing prison administrators a free hand to run the institution, even if correctional practices violate inmates' constitutional rights; ended with the onset of the prisoners' rights movement in the 1960's. 28. Substantive Rights A number of civil rights that the courts, through a slow process of legal review, have established for inmates, including the rights to receive mail and medical benefits and to practice their religion. 29. Jailhouse Lawyer An inmate trained in law or otherwise educated who helps other inmate prepare legal briefs or appeals. 30. Cruel and Unusual Punishment Physical punishment or punishment that is far in excess of that given to people under similar circumstances and is therefore banned by the 8 Amendment. The death penalty has so far not been considered cruel and unusual if it is administered in a fair and nondiscriminatory fashion. 31. Parole The early release of a prisoner from imprisonment, subject to conditions set by a parole board. 32. Parole Board A panel of people who decide whether an offender should be released from prison on parole after serving the minimum portion of their sentence ordered by the sentencing judge. How do men in prison cope? Learning/adapting to the prison routine Realizing their lifestyle and activities could've contributed to their victimization Continuing preincarcerated behavior Violent offenders make violent inmates Survival depends on the ability to identify and avoid risk What's the average profile of male inmates? Age of 2930 Come from single parent homes 57% Black or Hispanic Half have other family members in prison Who coined the term total institution? Erving Goffman What does total institution mean? An enclosed facility separated from society both socially and physically, where inhabitants share all aspects of their daily lives. Goffman described total institutions as places where residents are cut off from the larger society either forcibly or willingly. They are small societies who evolve their own distinctive values and styles of life and pressure residents to fulfil rigidly prescribed behavioral roles. Who was Erving Goffman, what did he do and when? Studied prison life in 1961 Define prison subculture The values and behavioral patterns characteristic of prison inmates. Prison subculture has been found to be surprisingly consistent across the country. What are the two structures that prisons can best describe as total institutions? Define them Formal/Official StructureRun by the institution with formal rules and structure. Informal/Unofficial StructureThe structure within the prison and the inmates, which leads to the prison subculture. Why do prison subcultures constantly change? Prison Subcultures change constantly to reflect the concerns and experiences of the wider culture, and the social structure of the prison Name the 4 distinguishable prison subcultures? Official Traditional Reform Revolutionary In the society of captives, what does Sykes argue about prison subcultures? What does he calls them? Sykes argues that prison subcultures are the adaptation to deprivation and confinement, calls them the 'pains of imprisonment'. What 5 things does Sykes say prisoners are deprived of? Liberty Goods and services Heterosexual relationships Autonomy Personal Security Female institutions vs male institutions? Generally smaller and less harsh than male institutions. Lack of adequate programming and treatment facilities. Job training programs seldom exist. Complications related to children are evident. Average profile of female inmates include? Age 2534 63%
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