CCJ3024 FINAL EXAM 4 STUDY GUIDE
CCJ3024 FINAL EXAM 4 STUDY GUIDE CCJ3024
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This 11 page Study Guide was uploaded by Haley Kairab on Friday April 15, 2016. The Study Guide belongs to CCJ3024 at University of Florida taught by Dr. Marvin Krohn in Fall 2016. Since its upload, it has received 214 views. For similar materials see Advanced Principles of Criminology Justice in Criminology and Criminal Justice at University of Florida.
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Date Created: 04/15/16
CCJ3024 Advanced Principles of Criminal Justice Final Exam 4 Study Guide Juvenile Justice System 1. Know the year Juvenile Court was established ◦ The ﬁrst court was established in 1899 ◦ By 1945 all states had established separate juvenile courts 2. Parens Patriase ◦ The state acts in lieu of parents in the juvenile justice system 3. Intent of juvenile court was when established ◦ The court was to be a helping institution to act in the best interest of the child (state acting in lieu of parents) • Determine is the child was involved in the accident • Determine reasons why involved • Determine a way to correct the situation • Use of law to ensure cooperation 4. Kent vs. U.S. ◦ Determined that juveniles had the right to a hearing in case of waivers to the adult court • Right to an attorney • Access to records • Written statements of reasons for the transfer • Justice Fortas - juveniles "had the worst of both worlds" 5. Historically (before juvenile justice system) who could be held liable to criminal law ◦ Before there was the establishment of the juvenile justice system, there was no differentiation in the trying of adults and children in a court of law Prisons/Police 6. Philadelphia Walnut Street jail the goal was solitary conﬁnement, but overcrowding created an issue, along with mental and physical harm that it caused inmates ◦ Showed that isolation had a terrible effect on the inmates 7. The Auburn System ◦ A penal method in which inmates worked during the day in groups and were kept in solitary conﬁnement at night ◦ Some believed that inmates working in an corruption/ criminal behavior-free environment would help create a new set of values 8. Percentages of different races that are incarcerated in different areas of the United States ◦ Disproportionately Distributes • African American men are 7 times more likely than whites to be incarcerated • Almost 17% of African American males have served time in prisons • African American male has a 32.3% chance of serving time during his lifetime; black female has a 5.6% chance (as compared to the .9% for white females) ◦ In some cities predictions are even more alarming - one study estimated that 75% of African American males in Washington D.C. would be incarcerated during their lifetime 9. Know what police ofﬁcers struggle with to do their job 10. Understand the recommended Acts of Stupidity Law proposed during the guest lecture 11.Guest lecture recommendation for prison riots and prison sizes ◦ Prison riots ◦ You have an hour because after that, they get organized ◦ You also have an hour to save inmate, because if an inmate settles grudges they are likely to be killed by other rioters ◦ Prisons now have to put prisoners of smaller and similar build together to try and avoid sexual crimes and smaller inmates being bullied within prisons ◦ Smaller prisons are better, but prisons are getting bigger because more cost effective when an ofﬁcer is watching 25 inmates instead of 450 ◦ On the death penalty "it's killing people that kill people to show that it's wrong to kill people" 12. Racial proﬁling ◦ The use of race/ethnicity as grounds for suspecting someone of having committed a crime 13. What retribution model is and how relates to capital punishment ◦ The purpose is to punish whose who have done wrong ◦ It expressed a deontological view of punishment ◦ There must be a proportionality between crime and punishment 14. Problems with Incarceration ◦ Too structured ◦ School for crime ◦ More interested in custody than rehabilitation ◦ Taking away from community ◦ Artiﬁcial environment ◦ Labeling 15. Massachusetts experiment ◦ Deinstitutionalization - Miller took over system by reforming, got opposition from staff so he closed down the institutions by sending inmates out of the institution to colleges until he could ﬁnd other bases • able to compare what would happen if you didn't have institutions and results was nothing really changes 16. Recognize tendency for US in terms of its incarceration rate relative to crime rate ◦ Crime rates - overall U.S. is in the mid-range of crime rates for industrialized nations ◦ However, U.S. has higher violent crime rate than most industrialized nations and a higher rate of gun-related crime ◦ Even so, violent crime rate does not account for most of higher rate of incarceration 17. Blumstein and Beck's ﬁnding (prison population) ◦ Study by Blumstein and Beck found that only 12% of the increase in incarceration that occurred in the 1980's and continues today in the U.S. is due to the type of crime committed. 88% of the increase is explained by sentencing policy. ◦ Speciﬁcally - U.S. is more likely than other countries to have longer sentences for property and drug crimes (study by James Lynch). Sentence length for violent crimes similar across countries 18. Comprehensive Crime Control Act ◦ Federal sentencing guidelines 19. Entrapment ◦ A practice whereby a law enforcement ofﬁcer induces a person to commit a crime that the person would not have commit otherwise 20. Conditional release ◦ Conditional release is the release of a criminal offender from prison/jail, under conditions that bar them from doing certain things or meeting with certain people 22. Socialization model ◦ The view that holds that police ofﬁcers learn their attitudes and values from socializing experiences such as education and experience on the job 23. Reintegration, deterrence, rehabilitation, restitution ◦ Reintegration: the process of bringing an offender slowly back into society with the goal for them to once again because a constructive member of it ◦ Deterrence: the goal of criminal sentencing that seeks to inhibit criminal behavior through fear of punishment ◦ Rehabilitation: the goal of restoring a convicted offender to a constructive place in society through attempts to reform them ◦ Restitution: the condition of probation in which the offender repays society of the victim of the crime for the trouble the offender caused Parole/Probation 24. The consequence of overworked probation ofﬁcers ◦ degree of oversight 25. Be able to compare probation and incarceration ◦ Probation is cheaper than incarceration ◦ Probation is no less effective than incarceration even after controlling for seriousness of offense ◦ Probation presents a degree of oversight ◦ Probation has less availability of treatments (placements in community) ◦ Probation requires community cooperation while incarceration does not 26. Similarities and differences between parole and probation 1. Similarities: both involve a high degree of supervision over the person by ofﬁcers; in both cases the person is not/no longer incarcerated; community support; restitution 2. Differences: probation is an alternative to incarceration, while parole takes place after incarceration; discriminatory and unequal effects 27. What are keys to success for parole ◦ Parole fails because of: • Personal deﬁcits - substance abuse, mental health problems • Social deﬁcits - self control, peer groups • Economic deﬁcits • Marriage and family deﬁcits • Failure of prison programs to effectively address these deﬁcits 28. What is probation ◦ Probation is a judicial determination that does NOT involve incarceration, but does involve conditions • refers to an alternative to incarceration; not what happens after a person has been incarcerated 29. What is required in order to revoke probation ◦ Violation of any of the probation rules or conditions • Drug tests • Drug counseling • Job • Education • People that you are allowed/not allowed to interact with Courts 30. Different kinds of courts and what they do (jurisdiction and special courts etc.) 1. courts of limited jurisdiction • jurisdiction over misdemeanors and conducts preliminary investigations into felony charges 2. specialty courts • speciﬁc types of offense (ex/ drugs, domestic violence) 3. courts of general jurisdiction • a state or federal court that has jurisdiction over over felony offenses - serious crimes that carry a penalty of incarceration 4. appellate courts • asked to examine whether the state of federal constitution was improperly interpreted during a case or to evaluate new evidence 5. federal courts • U.S. Supreme Court - appellate ▪ writ of certiorari 31. Writ of Certiorari 1. rule of 4 • 4 judges need to determine that it’s a case that can go before the Supreme Court before it actually does 32. Innocence project ◦ The Innocence Project is an organization that is dedicated to exonerating wrongfully convicted individuals through DNA testing and reforming the criminal justice system to prevent future injustice ◦ As of now: 337 DNA exonerations and 140 actual perpetrators located 33. Compurgation ◦ The practice of taking an oath to establish innocence and having people attest that they believe your oath 34. Trial by ordeal ◦ method of torturing someone - if they survive the torture then they are innocent; if they do not survive, they were guilty 35. Arraignment ◦ The criminal proceeding at which the defendant is ofﬁcially called before the court and the judge, informed of the charge, the complaint, information, indictment, and asked to make their plea 36. Pro bono ◦ Legal work for a client of typically low income without charging them 37. Plea Bargaining ◦ An arrangement where the defendant can make pleas (guilty, not guilty) that can vary the charge or expectation of leniency ◦ Guilty pleas in 90% of cases • Because of convenience or guilt 38. Court Rulings ◦ Santobello vs. NY - clariﬁes that plea bargains are an important part of the judicial process and should not be dismissed after a defendant made a plea that was later ignored for a higher sentencing ◦ Miranda v Arizona - authorities need to inform people of their rights upon arrest before interrogation 39. Mandatory sentencing ◦ The structured sentencing guide that allows no leeway in regard to the nature of the sentence that is required and under which clearly listed punishments are mandated for speciﬁc offenses or for habitual offenders that are convicted for a series of crimes 40. Indeterminate sentencing ◦ Broad judicial discretion ◦ Minimum/maximum sentences ◦ Adjust length to ﬁt the defendant and crime ◦ Broad discretion for prison/parole ofﬁcials ◦ Primary sentencing philosophy 41. Determinate sentencing ◦ Fixed or ﬂat term incarceration ◦ More equity/proportionality 42. Presumptive sentencing ◦ Presumptive sentencing speciﬁes an appropriate and "normal" sentence for each offence to be used a baseline for a judge when determining a punishment. Presumptive sentencing is considered along with other relevant factors (aggravating or mitigating circumstances) in decision making 43. Prosecutors role in court 1. determine if there is sufﬁcient evidence for the case to go forward 2. decide how to gather evidence 3. present evidence for the state 4. determine what a person is charges for (ex/ armed robbery instead of just weapon possession) • note: a difference in the length and severity of charges is out in place to help the prosecutor with plea bargaining in order to negotiate a deal that helps the state 44. Amendments ◦ 4: the right against unreasonable search and seizure ◦ 5: right of persons accused of crimes - no person shall be held to answer for a capital, or otherwise infamous crime (right to plead the ﬁfth) ◦ 6: right to quick and speedy trial ◦ 8: excessive bail/ﬁnes shall not be required and no cruel or unusual punishment 45. What percentage result in a guilty plea ◦ 90% Juries 46. Research by Levett, Crocker, and Kovera (2009): what people are trying to do when they question jurors the actual questions that attorneys can ask during jury selection can shape the way that the jury thinks/answers during selection: • questions implying guilt • questions asking jurors to imagine punishment • public commitment to attitudes • non-death qualiﬁed jurors (people who would not put someone to death) dismissed; leads to high probability of conviction 47. What is the more empirically supported model for jury selection? 1. The Story Model for Juror Decision Making (Pennington & Hastie) • Three Steps 1. Story Creation: Jurors integrate the evidence into a story or a causal chain of events • this creates the best story; comprised of coverage, coherence, and uniqueness 2. Learning Verdict Options: jurors learn the verdict options available to them through judicial instructions • prior knowledge of the law may interfere with the ability to learn instructions • difﬁcult task - one trial, one time learning • jurors understand less than 50% of the instructions given to them at trial 3. Jurors match the accepted story with the various verdict deﬁnitions and the best match is decided 48. What is the voir dire process 1. A part of jury selection 2. Lawyers from opposing sides proceed to exercise challenges against the inclusion of certain jurors until a petit jury composed of people satisfactory to both sides is formed 3. really a process of excluding jurors instead of selecting them • challenges for cause - prejudiced for or against a party in trial • preemptory challenges - without reason stated (Swain vs. Alabama, 1965) 49. Death qualiﬁed 1. Asking potential jurors if they would consider ﬁnding someone guilty if you know it would put them to death (if you say yes they you are death qualiﬁed) Capital Punishment 50. Furman vs. Georgia (1972) ◦ U.S. Supreme Court struck down the death penalty ◦ Argument that minorities/poor were disproportionately being executed ◦ SCOTUS ruled that the death penalty was being applied in a capricious, discriminatory and arbitrary manner ◦ Did NOT rule that the death penalty was cruel and unusual punishment (in violation of 8th amendment) but rather that it needed to be administered fairly and in a constitutional manner (proportionally to crimes committed)
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