Quiz 3 Notes
Quiz 3 Notes CJ 100
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This 5 page Test Prep (MCAT, SAT...) was uploaded by Alyssa Hendrixson on Tuesday January 13, 2015. The Test Prep (MCAT, SAT...) belongs to CJ 100 at University of Alabama - Tuscaloosa taught by Douglas Klutz in Winter2013. Since its upload, it has received 216 views. For similar materials see Intro to Criminal Justice in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 01/13/15
0 Elements of a crime The evil act guilty crime Act or conduct that is prohibited Must be a voluntary act or a qualifying omission Voluntary o Preformed consciously as a result of effort involuntary does not qualify Omission 0 Failure to perform an act when physically capable Evil mind quotguilt mindquot Level of intent to commit an actus reus Think about the varying degrees of murder we discussed and manslaughter First second third voluntary involuntary Narrow range if crimes that are exceptions to the requirement if actus reas mens rea crime 0 mens rea Hit and run second degree murder Speci c circumstances which must surround the acts reus criminal act o Is speeding a crime 0 Depends on the areaproperty Resu Occurs because of the commission of the actus reas Example Convicted of homicide 0 Result death of another human being 0 Direct vs Circumstantial Evidence 0 Direct evidence Demonstrates proof beyond a reasonable doubt o Circumstantial evidence indirect evidence Requires inference from a jury The goals of punishment quotDeserved Punishmentquot quotEye for an eyequot and quotpay their debtsquot to society The severity of the punishment should t the seriousness of the crime Criminal punishment used as a basis for affecting the future choices and behavior on individuals 0 Provides an example to the general public that discourages criminal behavior 0 Target the decisions and behaviors of offenders who have already been convicted o Depriving an offender if the ability to commit crimes against society usually by detaining the offender in prison Capital punishment is the ultimate method of incapacitation Selective incapacitation Targeting repeat offender with longer prison terms career criminals Goal of restoring a convicted offender to a constructive place in society through training and therapy Focuses on the offender offenders are treated not punished Judges should avoid xed sentences instead using maximum and minimum guidelines to release offender when rehabilitated Indeterminate Sentences 0 Goal of rehab dominating corrections 0 Gives correction of cers and parole boards control 0 Stipulate a min and max amount of time o Eligible for parole after min sentence is served quotGood Timequot 0 Good behavior results in a reduction of time served 0 Helps to maintain order incentives o Reduces prison overcrowding 0 Up to 510 days per month Determinate Sentence 0 Dissatisfaction with rehab aspect 0 Concept of quotdeserved punishmentquot retribution o Convicted offender is imprisoned for a speci c time o quotFixed sentencingquot Death Penalty as a Criminal Sanction 0 US Supreme Court suspended its use from 19681976 amid debates concerning 8th amendment cruel and unusual punishment 0 Supreme Court decided that capital punishment does not violate 8th amendment and resumed in 1977 0 Which state has the largest total number of death row inmates as of April 1 2013 731 total California Corrections 0 Refers to all programs services facilities and organizations responsible for the management of the accused and convicted o Prisons jails probation parole halfway houses education and work release programs community service etc History of Corrections in the US 0 Penitentiary Prison An institution intended to punish criminals by isolating them from society so they can re ect on their crimes and reform PA System 0 Criminals could best be reformed if they were placed in prisons 0 Separate Con nement Inmates held in isolation from other inmates All activities took place in an isolated environment 0 Solitary con nement would prevent further corruption inside prison 0 Offenders would re ect on their past transgressions and repent NY System 0 Industrial ef ciency should be the purpose of prison 0 Contract Labor System Labor sold on a contractual basis to private employers Private employers provide the equipment and inmates made products to sell 0 Strict discipline obedience was key 0 Cincinnati 1870 o Advocated a new design for the penitentiary system 0 Reform should be rewarded by release 0 Indeterminate sentencing guidelines instead of xed sentences 0 Corrections in the US 0 Each level of government had some responsibility for corrections local state federal 0 State and local governments pay about 90 of the cost of all correctional activities in the nation 0 Federal Bureau of Prisons 0 Created by Congress in 1930 0 Facilities and inmates are classi ed by security range IeveI 1 Ieast secure camptype settings level 5 most secure quotsuper maxquot penitentiary at Florence CO 0 ADX Florence quotAlcatraz if the Rockiesquot 0 State Correctional Facilities 0 40 states have created prisons that exceed max security 0 About 20000 inmates are currently held in these quotsuper maxquot prisons o California39s Pelican Bay 0 Models of Incarceration Emphasizes security discipline and order assumes purpose of incapacitation deterrence or retribution 0 Rehabilitation Model Emphasizes treatment programs drug courts 0 Reintegration Model Emphasizes ties to the family and community community corrections 0 The majority of prisons conform to the custodial model 0 Private Prisons 0 Response to prison and jail overcrowding and rising costs Argue that private enterpriser can build an run prisons as effectively as government but at a lower cost to the taxpayers Private facilities hold approximately 6 of all state prisoners and 15 of all federal prisoners Used for detention and shortterm incarcerationless than on year Local facilities used to detain people awaiting trial Also serve as a holding facility for quotsocial misfitsquot junkies disturbers if public order prostitutes etc 0 Community Corrections 0 O O Seeks to build stability and success for offender through the community Finding employment opportunities is an important component of community corrections Based on the goal of nding the quotleast restrictive alternativequot 0 Support For Community Corrections 0 0 Community supervision is cheaper than incarceration Rates of recidivism are not higher than those who are in prison Probation O O O O Parole O O Conditional release into the community avoids incarceration Submitting to drug tests obeying curfews and staying away from certain people or parts of town About 42 million offenders currently on probation Services Probation of cers can be thought as police of cers and social workers Supervise clients offenders to keep them out of trouble and enforce the conditions of the sentence Helps clients obtain housing employment and treatment services Overload caseload How it ends 2 ways Offender successfully completes the period of probation Probationary status to revokes because of a fails to meet conditions and abide by rules of probation Once the probationary term is completed the sentence ends Provisional release from prison Main goals Managing prison populations and incentivizing rehabilitation Types of Intermediate Sanctions O O Fines Sum of money to be paid to the state by a convicted person as punishment for an offense Restitution Repayment in the form of money or service by an offender to a victim who has suffered some loss from the offense 0 Forfeiture Government seizure of property and assets derived or used in criminal activity 0 Home Con nement A sentence requiring the offender to remain inside their home during speci ed periods quothouse arrestquot 0 Community Service Requires the offender to perform a certain amount of unpaid labor in the community social service agencies cleaning parks and roadsides etc 0 Day Reporting Centers Community correctional center where an offender reports each day to comply with elements of a sentence 0 Juvenile Rights Period 19601980 o In re Gault 1967 Afforded juveniles many of the same due process right as adults right to legal counsel to confront and examine accusers notice of charges etc o In re Winship 1970 The standard of proof beyond a reasonable doubt to juvenile delinquency proceedings 0 Status Offenders Were taken out of correctional institutions ex Skipping school Roper vs Simmons 2005 o Unconstitutional to impose capital punishment for crimes committed while under the age of 18 0 Supreme Court said that juveniles have a lack of maturity and sense of responsibility compared to adults
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