Exam #3 Flashcards
Chapter 10
CORRECTIONS
Hands-off policy
Judges should not interfere with the administration of correctional institutions
Cooper v. Pate (1964)
Prisoners are entitled to the protection of Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement
Gagnon v. scarpelli (1973)
Before probation can be revoked, a two-stage hearing must be held and the offender must be provided with specific elements of due process. Requested counsel will be allowed on a case-by-case basis. Requested
Hudson v. Palmer (1984)
prison officials have the authority to search cells and confiscate any materials found
Morrissey V. Brewer (1972)
Due process rights require a prompt, informal, two-stage inquiry handled by an impartial hearing officer before parole may be revoked. The parolee may present relevant information and confront the witness
Wolff V. McDonnell (1974)
Basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating institutional rules
Why do we have private prisons and what are the concerns?
What led to prisoner’s rights movements?
What are the constitutional rights of prisoners?
Chapter 11
INCARCERATION AND PRISON SOCIETY
Classification
The process of assigning an inmate to a category based on his or her risk to security, educational level, ability to work, and readiness for release
Custodial model
A model of incarceration that emphasizes security, discipline, and order
commissary
a store within a correctional facility, from which inmates may purchase products such as hygiene items, snacks, writing instruments, etc.
Disorganzied criminal
a disorganized offender is a type of serial killer classified by unorganized and spontaneous acts of violence.
Doing time
to be in prison for some time: to serve all or part of a prison sentence.
Gleaning
inmates who take advantage of rehabilitation, educational, and vocational opportunities while serving time
Inmate code
The values and norms of the prison social system that define the inmate’s idea of the model prisoner
Jailing
an institution authorized to hold pretrial detainees and sentenced misdemeanants
Rehabilitation model
A model of corrections that emphasizes the need to restore a convicted person to a constructive place in society through some form of vocational or educational training or therapy
Reintegration model
A correctional model that emphasizes maintaining the individual’s ties to family and community as a method of reform, recognizing that the offender will be returning to society
What are the three models of incarceration
how is prison administration organized? And what are the roles of correctional officers?
Who is in prison? (gender, Age Race, Type of offense)
How do inmates adapt to prison life? (inmate codes, underground economy)
What contributes to violence in prison (individual & prison factors)?
Chapter 12
PROBATION AND INTERMEDIATE SANCTIONS
Boot camp
A short-term institutional sentence is usually followed by probation, which puts the young or first-time lawbreaker through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration.
Community service
A sentence requiring the individual to perform unpaid labor in the community
Day reporting center
A community correctional center where a sentenced individual reports each day to comply with the requirements of the punishment imposed by the judge
Fine
A sum of money to be paid to the state by a convicted person, as punishment for an offense.
Forfeiture
Government seizure of property and other assets derived from or used in criminal activity
Home Confinement
A sentence requiring the offender to remain inside their home during specified periods.
intensive supervision probation (ISP)
Probation granted under conditions of strict reporting to a probation officer with limited caseload
Net widening
Process in which new sentencing options increase rather than reduce control over offenders’ lives.
Recidivism
A return to criminal behavior
Restitution
Repayment-in the form of money or service by an offender to a victim who has suffered some loss from the offense
Technical violation
The probationer’s failure to abide by the rules and conditions of probation as specified by the judge resulting in grounds fir revocation of probation
What is probation and what is its assumption
what is the role of probation officers?
How will you get out of probation?
What are the problems with probation and private probation?
What are the different types of intermediate sanctions? How are they different from one another?
Chapter 13
REENTRY INTO THE COMMUNITY
Conditions of release
Conduct Restrictions that people on parole must follow as legally binding requirements of being released
Discretionary release
The release of an individual from prison to conditional supervision at the discretion of the parole board, within the boundaries set by the sentence and the penal law.
Expiration release
The release from incarceration, without further correctional supervision, after a specified term of imprisonment
Furlough
The temporary release of a person from a correctional institution for a brief period, usually one to three days, for a home visit. Such programs help maintain family ties and prepare people for release on parole.
Halfway house
A correctional facility housing people convicted of felonies who spend a portion of their at work In the community but reside in the halfway house during nonworking hours.
Mandatory release
the required release of an inmate from incarceration to community supervision upon the expiration of a certain period minus good time credits through specifications in sentencing laws.
Other conditional release
A term used in some states to avoid the rigidity of mandatory release by placing people leaving prison in various community settings, under supervision
Parole
The conditional release of someone from incarceration, under supervision, after part of the prison sentence has been served
Work and educational release
The daytime release of people from correctional institutions so they can work or attend school
What is parole? what concepts does it rest on?
Who gets to do parole? what are the different ways people may or may not get to parole?
What are the community programs that help parolees to get back into society? How are they different from one another?
What are the challenges parolees face?
Chapter 14
JUVENILE JUSTICE
Aftercare
The juvenile justice equivalent of parole, in which a juvenile is released from a custodial sentence and supervised in the community
Delinquent
A child who has committed an act that if committed by an adult would be a criminal act.
Dependent child
A child who has no parent or guardian or whose parent who cannot give proper care
Detention hearing
A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication
Diversion
the process of screening children out of the juvenile justice system without a decision by the court
Neglected child
A child who is receiving inadequate care because of some action or inaction of their parents
Parens patriae
The state as parents; the state as guardian and protector of all citizens (such as juveniles) who cannot protect themselves
PINS
Acronym for person(s) in need of supervision, a term that designates juveniles who have committed status offenses or are thought to be on the verge of trouble
Status offense
Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult.
Wavier
The procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court
Breed V. Jones (1975)
Juveniles can not be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer; to do so violates the protection against double jeopardy
In re Gault (1967)
juveniles have the right to counsel, to confront and examine accusers, and to be adequate notice of chargers when confinement is a possible punishment
In re Winship (1970)
The standard of proof “beyond a reasonable doubt” applies to juvenile delinquency proceedings
McKeiver V. Pennsylvania (1971)
juveniles do not have a constitutional right to a trial by jury
Schall V. Martin (1984)
juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action
What is the trend of Youth Crime in the United States?
How has the Juvenile Justice system developed over time? What are the different periods and how do they differ from one another?
How does the terminology used in the juvenile justice system and the adult justice system differ?
How will a juvenile offender be processed through the juvenile justice system
What are some problems and challenges we face in he juvenile justice system?
