Study Guide Exam 4
Study Guide Exam 4 CRJU 101 001
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CRJU 101 001
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This 4 page Study Guide was uploaded by Richard Martin on Friday April 22, 2016. The Study Guide belongs to CRJU 101 001 at University of South Carolina taught by Corey Burton in Winter 2016. Since its upload, it has received 34 views. For similar materials see Criminal Justice 101 in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 04/22/16
Exam 4 Study Guide Monday, April 18, 2016 12:08 PM Chapter 11 • Diversion: defendant is offered an alternativeto a criminal trial and prison sentence • Probation: sentencing option of the trail judge, diverts the offender after being convicted but prior to serving prison time • Parole: offender has been sentenced to prison, servesa portion of his or her time, and is releasedbefore the max term of the sentence • Types of early release: ○ MandatoryRelease: defendant servescomplete sentence ○ Good-Time Release: shortens length of the inmate's sentence based on good behaviorwhileincarcerated ○ Pardons: earlyrelease or exempted from serving sentence ○ Commutation of Sentence: reduction in severity or length of a sentence, granted by governors or the President • Probation Officers ○ Probation officers are not law enforcement officers in the traditional sense ○ Some states allowofficers to carry weapons, others do not ○ In some ways, probation officers have more freedom than police officers • Granting probation ○ Can be used for minor and serious crimes ○ Mandatory minimumsentences reduce judicial discretion ○ Two key assumptions in granting probation: public safety and lack of effectiveness • Pros and Cons of Probation parole will be in place ○ Pros: low cost, probationers have attachment to the community ○ Cons: fear of future criminal activity, lack of punishment for offender • Probation Revocation ○ Probation can be revoked at any time, technical violations common ○ If revoke, offender serves timeremaining in prison ○ Due process rights apply to probation revocation ○ Lower legal standard "more likelythan not" appliesto hearings(51% sure you had a technical violation) • Mark System vs Crofton'sIrish System ○ The Mark System: precursor to the current parole system that worked very similarto good-time credit (got marks for being good prisoner) Established by AlexanderMaconochie (Ticket to Leave: once markswere met, received ticket to leave to get out) ○ Sir Walter Crofton'sIrish System Similarto Maconochie's marksystem but used a "continuum of freedom" instead of marks for prisoners to earn their release Solitary confinement to work programs outside of prison • Pros and Cons of Parole ○ Pros: promotes rehabilitation, helps alleviateprison overcrowding ○ Cons: public opposition, recidivism,absconding • Stateand Federal Parole Boards ○ Paroleboard grant parole, not judges ○ State level:director and membersappointed by the Governor ○ Federal level:operated by US Parole Commission(USPC) but this agency is inthe process of shutting down Only federal inmatesconvicted before November1987 are eligiblefor parole • Parole Hearings: similarto trial but without manyof the due process rights afforded at trial ○ Witnesses, appeals, public vs private, right to counsel, location ○ No burden of proof needs to be met by the parole board Relianceon feelings,common sense and community expectations • Conditionsand Revocationof Parole ○ Like probationers, paroleesare subject to conditions of release ○ State level:grant variation in conditions ○ Federal level:makesuse of the "standard conditions of release" Associations, drug and alcohol use, obeying of laws, reporting to police contacts and other offender specific conditions ○ Parolemay be revoked but parolees are entitled to a revocation hearing (Morrissey vs Brewer, 1972) Chapter 12 • Intermediate Sanctions: Correctional punishments other than imprisonmentthat are designedto reduce the prison population, promote successful reentry and protect the community • Intensive Probation Supervision (IPS) ○ Major issuewith traditional probation and parole is offenders who abscond ○ IPS isa solution that is centered on givingprobation and parole officers smallercaseloads ○ Issues with IPS: expensive,more controlling, some officers not comfortable with working conditions • Split Sentencing ○ Practice used for youthful and/or first time offenders who are not expecting a period of incarceration Short jail sentence (usually30 days) followedby a suspended sentence (i.e. probation) Study Guide Page 1 ○ Short jail sentence (usually30 days) followedby a suspended sentence (i.e. probation) • ShockProbation ○ Similarto split sentencing except for the offender being placed in the custody of the state's Department of Corrections and not the local jail ○ Offender still servesa brief period of timeincarcerated • BootCamps ○ Primarilydesignedfor young, non-violent offenders ○ Inmates participate in physical fitness, ceremony, drill, work and education programs ○ Emphasis on helping local communities as well ○ Effectiveness is questionable and there is no evidencethat these programsare moreeffective than parole • Home Confinement ○ Sentence in which an offender is legallyrequired to remainin their own residence ○ Essentiallymandates that the offender have a job ○ Prior to electronic monitoring, home confinement was difficult to enforce • Faith-Based Programs ○ Seriesof programs that attempt to prepare inmatesfor reentry through religiousstudy ○ Primaryissues: governmentmoney is often used to fund these programs, requiresbible study • Work Release ○ Programsthat permit correctional facilitiesto release inmatesinto the community for paid work ○ Issues: public prejudice, lack of knowledge/skills,lack of documents, limitedprotections • Education Release ○ Education can be handled either in the correctional facility or similarto a work releaseprogram that allowsinmates to attend classesand then return to supervision ○ Overall, educational programsfor inmates are effectiveat reducing recidivism ○ Colleges/universitiesmay discriminateagainst ex-felons • Halfway Houses ○ Transition programs that provide temporary housing for releasedpersons to help them transition back into the community ○ Typicallynon-profit organizations not directlytied to a state's Department of Corrections (DOC) • Day Reporting Centers ○ Availablefor individualswho have not been incarcerated and for those who have ○ Offender livesat home, and reports to the center once a day • AdultDrug Courts ○ Essentially, just an intermediatesanction typicallyfor non-violent drug offenders ○ Follow-up judicial intervention often a key element ○ Overall, such programs are mixedin terms of effectiveness • Cost ○ The UnitedStates has by far the largest correctional system in the world ○ The dilemma:states continue to pour money into facilitiesthat are arguablyineffective, yet will not stop spending the money • Reentry ○ Overall, about 95% of all people who are sentenced to prison will be releasedback into the community ○ Most people releasedback into the community do not make a successful reentry ○ Lack of support services • Community Safety ○ Primary issuewith IntermediateSanctions in terms of community safety is where to place these types of programs ○ NIMBY: "Not In My Back Yard" Chapter 13 • Developmentof the Juvenile Justice System ○ Pre-JuvenileJustice System Beccaria (Classical)vs Bentham (Neo-Classical) Pre Industrial Revolution, attitude was that parents could handle their own children Following Industrial Revolution, children were processed through the regularcriminal justice system ○ Foundations of JuvenileJustice System ○ New York House of Refuge(establishedin 1824) Widelyconsidered the first juvenilereformatory Supervisedlabor, education and disciplinewere essential • Parens Patriae ○ Literally means "state as parent and guardian" ○ Predominant theme beginningin the late 1800s ○ Operating according to the "best interests of the child" • First Children's Court System ○ Cook county, IL (1892) • StatusOffenses: offenses in which children commit an act or fail to fulfill a responsibilitythat, if they wereadults, would not be criminalized • Delinquents: children who commit acts that are criminal for both childrenand adults • Kent vs United States (1966): Supreme Court grants juvenilesthe right to a hearing before being waivedto criminal court, among other due process rights Study Guide Page 2 process rights • In re Gault (1967): Supreme Court grants juvenilesother due process rights similarto those granted to adults • In re Winship (1970): Supreme Court determinesthat "beyond a reasonable doubt" will be the standard of proof in delinquency adjudications • McKeiver vs Pennsylvania (1971): Supreme Court stops short of granting juvenilesa right to a jury trial in juvenileproceedings • Juvenile Waiver to Criminal Court ○ Most states set the ageof accountability at 18 ○ Some states practice "statutory exclusion" ○ "Blended Sentencing" givesthe juvenilecourt jurisdiction until the ageof 18 • Juvenile Justice System Process ○ Intake: stage at which a juvenilebeginsprocessing in the juvenilejustice system Juvenilesare not "booked" likeadult offenders and often must be releasedafter a short period of time ○ Role of JuvenileIntake Officer Alsocalled a JuvenileProbation Officer Primaryresponsibilityis to consider what is best for the child (no protection against self-incriminationat intake) Often focus on non-criminal issuesfirst (roughly half of the cases in juvenilejustice system are disposed of without formal processing through the system) As part of "informal processing" juvenilesand their parents/guardians maybe required to signa "consent decree" which outlines actions that must be taken by all parties within a specific time frame ○ Formal Processing: Prior to formal processing, the intake officer must determine whether a juvenilewill remainat home or cared for by the state No "trials" but rather a "JuvenileAdjudication Hearing"which acts as a trial Delinquency Petition - requests that a juvenilejudge determine delinquency WavierPetition - requests a case be transferred to criminal court ○ Teen Courts - overseen by adults and typically reservedfor younger juvenileoffenders who are first-time, non-serious offenders ○ JuvenileDrug Courts - specializedcourts that providevarious support services and judicial supervision to juveniledrug offenders ○ Adjudication: Judgeshave wide latitude in handling juvenilecases Juvenilesare not found "guilty" but "delinquent" Juvenilesmay not be punished necessarily, but an alternativeplan of action maybe put into place ○ Detention and Probation: Juvenilesare typically not sentenced to jail or prison in the sameway as adults May become "wards of the state" and be placed in a residential facilityor have someother sentence imposed • Juvenile Death Penalty ○ Thompson vs Oklahoma (1988): prohibits the death penalty for anyone under the ageof 16 at the time of his or her offense ○ Stanfordvs Kentucky (1989): permits the death penalty of anyone who is between 16 or 17 years old at the time of his or her offense ○ Roper vs Simmons (2005): prohibits the death penalty for anyone under the age of 18 at the timeof his or her offense • Juvenile Life Imprisonment ○ Graham vs Florida (2010): prohibits a sentence of life imprisonmentwithout the possibilityof parole for juvenileswho commit "non- homicide" offenses ○ Miller vs Alabama (2012): prohibits mandatory sentences of lifewithout parole for juvenileswho commit murder Chapter 14 • Types of Terrorism ○ InternationalTerrorism: perpetrated by groups outside the US that are funded by foreignstates, sub-national or extremistgroups ○ Domestic Terrorism: perpetrated by groups or individualsresiding in the US that are typically not funded by groups outside the US ○ Lone Wolf Terrorism: perpetrated by individuals,typicallynot financed by any outside group • TransportationSecurity Administration (TSA) ○ Created by the Aviationand Transportation Security Act of November2001 ○ 2 primary responsibilities:1) identifyingpassengers who are potential threats, (2) screening luggagefor weapons and explosives ○ The onlynew agency created as a result of the creation of DHS • Department of Homeland Security (DHS) ○ Created in March 2003 as a response to unifya fragmentedUS criminal justice system that was ill-preparedto help prevent and respond to terrorist attacks ○ Approximately100 governmentagencies fall under DHS • United StatesGovernment Interagency Domestic Terrorism Conceptof Operations Plan (CONPLAN) ○ Providesan organizedplan for federal agencies to prevent or respond to a terrorist attack ○ Establishes a Lead Federal Agency (LFA) based on the nature of the attack • Terrorist Threat Integration Center (TTIC): mergeand analyze terrorist related information both domestic and abroad • Joint Terrorism Task Force (JTTF): an FBI sponsored group comprised of federal, state and local law enforcement officialsbrought together to address specific threats • Fusion Centers: ○ Established by state and local law enforcement agencies ○ Serve as intelligenceoperations centers for both homeland security and crime related matters • The Intelligence Process: Study Guide Page 3 • The Intelligence Process: ○ Planning: an agency identifying the outcomes it wants to achievefrom its intelligencecollection efforts ○ Collection: gathering and processing information Methods for collecting intelligence:physical surveillance,electronic surveillance,confidential informants, open source ○ Collation: process of sifting through all the information and organizing it ○ Analysis: process of converting all information to intelligence Raw intelligencevs actionable intelligence ○ Dissemination: process of getting intelligenceto those who need it ○ Reevaluation:reanalysisof intelligenceproducts to determinetheir accuracy and effectiveness • Passenger screening and No-Fly list ○ Passengerscreening isthe primary responsibility of the TSA ○ No-Flylist is maintainedby the Terrorist Screening Center (TSC) • USA Patriot Act ○ Enacted in October 2001 ○ Greatly expands the federal government'senforcement powers Greater surveillancepowers (authorized under Section 213 and 214 as well as the Foreign IntelligenceSurveillanceAct), fewer civil rights for individualswith linksto terrorism ○ Section 215: allowsthe FBI to seizerecords from a third party without probable cause when a national security purpose exists • Espionage Act of 1917 ○ Originallymade it unlawful to interfere with any US war effort or to assist in the success of the nation's enemies ○ The followingyear, this legislationwas expanded upon by the Sedition Act which made it unlawful to do an increasing number of things considered to run counter to the US or our war efforts Ex. Sedition Act of 1918 eventuallyrepealed, but much of the Espionage Act remainsin effect • Foreign Intelligence SurveillanceAct of 1978 ○ Essentially, allowsfor the collection of electronic information when there is reason to suspect that the information isof national security interest (i.e. related to terrorism or espionage) Ex. Orders are issuedby the Foreign IntelligenceSurveillanceCourt (FISC) Ex. Expanded several timessince 1978 • Border Security ○ Largelythe responsibilityof HomelandSecurity Investigations(HSI) ○ 2 primaryresponsibilities: 1. Securing the borders and stopping illegalimmigration 2. Ensuring employersfollowfederal lawsin verifying whether people can legallywork in the United States ○ Smart Passports Passports containing microchips that can be scanned electronicallyand contain a largeamount of information about the carrier □ Ex. DOB, photograph, irisscans, digital fingerprints, etc. ○ National Identification Cards Although no uniform national identification card has been created and issued in the US, the REAL ID Act of 2005 sets standards for the issuance of varioussources of identification, such as state driver's licenses □ Ex. Illinois,Minnesota, Missouri, and Washington still completely non-compliant • Civil Rights Issues and Homeland Security ○ Free Speech Typically, part of free speech is the freedomto provide support to various organizations However, federal antiterrorism lawsprohibit providing any form of material support to terrorist organizations ○ Racial Profiling One concern is the indiscriminatearrest of Muslimswithout probable causes and abuse of the "material witness law" Public opinion generallydoes not support racial profiling,however the profiling of Muslimsremainsa key concern post 9/11 ○ Rendition, Torture and the Killingof US citizens Rendition: transfer of enemycombatant to another country wheretheir due process rights are greatly diminished □ Largelysupported by the Bush Administrationafter 9/11 but scaled back by the Obama Administration Killingof US citizens □ Notably, Anwar al-Awlaki,who was killedin a 2011 drone strike in Yemen Study Guide Page 4
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