Criminal Law Final Flashcards
Define prison
a state or federal confinement facility that has custodial authority over adults sentenced to confinement
Define Lex Talionis
the law of retaliation often expressed as “an eye for an eye” or “like for like”
Forms of early punishments?
- flogging
- mutilation
- branding
- public humiliation
-workhouses
-exile
Pennsylvania System
form of imprisonment developed by the Pennsylvania quackers around 1790 as an alternative to corporal punishments
- solitary confinement and encouraged rehabilitation
Auburn System
- developed in NY state around 1820, mass prisons and congregate fashion and required to remain silent
- primary competitor was the Pennsylvania`
Reformatory Style
- late 19th century model that used indeterminate sentencing and a belief rehabilitation was possible
- type of reform faded with the introduction of industrial prison
Industrial Prison
- a correctional model intended to capitalize on the labor of convicts sentenced to confinement
State-Use System
- inmate labor in which items produced by inmates may be sold by or to only state offices
- Included license plates and hunting licenses, items sold to state offices include cleaning supplies and furniture
Ashurst-Summers Act
federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison-made goods
Medical Model
therapeutic perspective on correctional treatment that applies the diagnostic of medical science to the handling on criminal offenders
Warehousing
imprisonment strategy that is based on the desire to prevent recurrent crime and that has abandoned all hope of rehabilitation
Nothing-Works Doctrine
the belief that correctional treatment programs have had little success in rehabilitating offenders
Justice Model
contemporary model of imprisonment based on the “just deserts” model; individual responsibility
rated capacity
number of inmates a prison can handle according to the judgement of experts
operational capacity
the number of inmates a prison can effectively accommodate based on management considerations
selective incapacitation
policy that seeks to protect society by incarcerating individuals deemed to be the most dangerous
classification system
prison administrators to assign inmates to custody levels based on offense history, assessed dangerousness, perceived risk of escape, and other factors
ADMAX
- administrative maximum
- used by federal government to denote ultra high security prisons
Jail
- confinement facility run by local government
- holds people pending adjudication or committed after adjudication; year sentence or less
New-Generation Jail
- temporary confinement facility that eliminates many of the traditional barriers between inmates and correctional personnel
Total Institution
enclosed facility separated from society both socially and physically, where the inhabitants share all aspects of their daily lives
Prison Subculture
values and behavioral patterns characteristic of prison inmates
Prisonization
- process whereby newly institutionalized offenders come to accept prison lifestyles and criminal values
prison argot
- the slang characteristic of prison subcultures and prison life
Gender Responsiveness
- process of understanding and taking into account the differences in characteristics and life experinces that women and men bring to the criminal justice system and adjusting strategies and practices in ways that appropriately respond to these conditions
Security threat group
- an inmate group, gang, or organization whose members act together to pose a threat to the safety of correction staff or the public, who prey upon other inmates, or who threaten the secure and orderly operation of a correctional institution
Hands-Off doctrine
policy of nonintervention with regard to prison management that U.S. courts tended to follow until the late 1960s.
Civil Death
legal status of prisoners in some jurisdictions who are denied the opportunity to vote, hold public office, marry, or enter into contracts by virtue of their status
Balancing Test
- principle developed by the courts and applied to the corrections area by Pell v Procunier (1974)
- protects individuals rights, prohibits legislation that messes with individual rights but helps states interest
Grievance Procedure
- formalized arrangements whereby institutionalized individuals have the opportunity to register complaints about the conditions of their confinement
Deliberate Indifference
wanton disregard by corrections personnel for the well-being of inmates. Deliberate indifference requires both actual knowledge that a harm is occurring and disregard of the risk of harm
What is prison classification?
officers at the prison asset you to figure out how dangerous you are and where to house you; looking for how aggressive, any gang affiliation, and age
Prison make up in 2014 is…
93% males and 7% females
In a state & federal prison, a good chunk of females are locked up due to…
- drug offenses
What age are you an adult in Texas?
- 17
What is “parens patriae” ?
- common law principle that allows state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide
What is a Status Offense ?
- an act or conduct that is declared by statute to be an offense, but only when commited by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court
What is “In re Gault” ?
- 1967, court case held that when it comes to juveniles, there is four basic rights; notice of charges, right to counsel, right to confront and to cross-examine witnesses, and protection against self-incrimination
What is “in re Winship” ?
- 1970, a court case in that added to “Gault”; states that in delinquency cases the state must prove its case beyond a reasonable doubt
What is “in re Winship” ?
- 1970, a court case in that added to “Gault”; states that in delinquency cases the state must prove its case beyond a reasonable doubt
What is an adjudicatory hearing?
- the fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations
What is teen court?
- an alternative approach to juvenile justice in which alleged offenders are judged and sentenced by a jury of their peers
What is a blended sentence?
- a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent. The adult sentence is suspended if the juvenile offender successfully completes the term of the juvenile disposition and refrains from committing any new offense
What is a psychoactive substance?
a chemical substance that affects cognition, feeling, or awareness
What is the first major federal antidrug legislation?
The Harrison Narcotics Act
Define Legalization
- elimination of the laws and criminal penalties associated with certain behaviors - usually the production, sale, distribution, and possession of a controlled substance
Define decriminalization
- the redefinition of certain previously criminal behaviors into regulated activies that become “ticket-able” rather than arrestable
Define Ethnocentric
- holding the belief in the superiority of one’s own social or ethic group or culture
What is a Hudud crime?
- a serious violation of Islamic law that is regarded as an offense against God. Crimes include theft, adultery, sodomy, alcohol consumption, and robbery
What is a tazir crime?
a minor violation of islamic law that is regarded as an offense against society; not God
What is globalization?
the internationalization of trade, services, investment, information, and other forms of human social activity
What is human smuggling?
- illegal immigration in which an agent is paid to help a person cross a border
What is human trafficking?
- exploitation of unwilling or unwitting people through force, coercion, threat, or deception
What is social engineering ?
a nontechnical kind of cyberintrusion that relies heavily on human interaction and often involves tricking people into breaking normal security
