Chapter 4 Flashcards
Unsecured bond
no money required up front, but require full bond amount if defendant refuses to appear
Cash/property collateral
in place or addition to bail money to secure release in order to secure the release of a person who has been arrested (assets)
ROR
requires only signed agreement by defendant that they’ll appear
Surety bond
individual who agrees to become responsible for the debt of a defendant or who answers for the performance of a defendant, if they don’t show up to court
Pretrial supervision (PS)
ordered as a condition to the bond, not in compliance: warning, report noncompliance to court, recommend certain action
Failure to appear (FTA)
offenders don’t show up to their court date, likely to flee before trial, sentence hearing, or prior to surrendering to incarceration
PSF
those with substance abuse problems, younger age, HS dropouts, fail to appear or escape on record
Diversion
another pretrial option
Deferred adjudication
suspension or removal of a case from further court action provided the defendant successfully completes the terms of supervision (low risk)
Sentencing
what affects granting community sentence:
- offender’s eligibility
- defendant’s ability to meet conditions
- availability of community base corrections
Reflective justice
each individual case is considered in terms of: subjectivities, harms, wrongs, and contexts, measured against concepts: oppression, freedom, dignity, and equality
Presumptive sentence grids
narrow range of sentencing guidelines that judges are required to follow. Deviations must be provided in writing
Sentencing commissions
governing body that monitors use of the sentencing guidelines and departures from recommended sentences
U.S sentencing guidelines
uniform policy of sentencing felonies at the federal level, judges must consider the guildlines, but not required
Proof Beyond a reasonable doubt
95%-100%, criminal cases
Clear and convincing evidence
75%, civil lawsuits where more money is at stake
Preponderance of the evidence
51%, used in revocation decisions
Indeterminate sentencing
used for more judicial discretion, consideration for early release by parole board
PSI report
initiated by probation department to provide judge with timely, relevant, and accurate information in order to make a rational decision on sentencing, nature of offender: offense, characteristics, history, loss to victim, and recommendation
Contents of PSI report
- person’s character
- external influences
- culpability
- any injured person(s)
- prior criminal record
- employment history
- victim impact statement
Preparing PSI report
Required skills:
- interviewing
- investigating
- writing
gather facts, verify given information, present in organized and objective format
PSI interview
- criminal history
- education
- employment
- physical/emotional health
- family
- other relevant information
verify though anyone that will be involved with given information
PSI sentence recommendation
depends on guidelines, for sentence type not length
PSI legal issues
does defendant have right to disclosure?
- Only to attorney and prosecutor (yes)
do inaccuracies for report legal grounds for resentencing?
- no, they’re harmless
evidence obtained by police and defendant has no right to attorney or Miranda Rights
Special conditions
attending literacy classes, get GED, substance treatment, parenting classes, reparations, mental health treatment
