Final Flashcards
The job of Probation and Parole Officers
1-Presentence investigations
2-intake procedures
3-diagnosis and needs assessment
4-client supervision
Restitution
a court requirement to pay the victim
What is a writ of certiorari
A legal request to the U.S. Supreme Court to review a lower court’s decision
Functions of the courts
1) Normal enforcement
2) dispute processing
3)policy making
The United States dual court system
Adversary process- a dispute has the right to present its case as peruasivly as possible, subject tot he rules of evidence, and an independent fact finder, either judge or jury, decides in favor of one side or the other)
Inquisitorial process is used in most other countries (The Judge is more involved)
The Criminal Trial Participants
(judge,jury, witness, court officer, the bailiff, the victim, the defendant)
Appeals generally fall into three categories
1) Frivolous appeals- little substance
2) Ritualistic appeals— probability of reversal is negligible
3) Non consensual appeals- highest probability of reversal
Arraignment
date that you’re told your charges + state your plea
Habeas Corpus Review
1) All death sentences automatically reviewed by appellate courts
2)Leads to long delays before sentences carried out
3) Average 15 years b4 carried out bc appeals process
Intermediate sanctions
• encompass a variety of punishments that are less restrictive than incarceration
• less costly than incarceration
more restrictive than traditional probation
• hold reflect severity of offense, characteristically of offender, community needs
Voir Dire
Jury selection
Opening statement
Prosecutor goes first then defendant
Adversarial process
opposing sides to bring out pertinent information and to present and cross-examine witnesses.
Four culpable mindsets
intentionally, knowingly, recklessly, and with criminal negligence
Closing arguments
A summery of the presentation
Steps in a criminal trial
1) jury selection
2) opening statement
3) presentation of case
4) closing arguments
5) judge charge (instructs) jury
6) jury deliberations
7) jury issues a verdict
8) judge sentences
Motion
application to court requesting that an order to be issued
What is a Pre-sentence Report
Prior to imposing a sentence a judge may ask for information on a convicted defendant.
Goals of punishment
- rehabilitation
- deterrence
- retribution
- incarceration ( keep ppl away)
Forms of the Criminal Sanctions
incarceration
intermediate (uses discretion )sanction
probation (correctional supervision)
death
Restorative Justice
Providing opportunity for the victim and perpetrator to make peace
Revocation hearing
a hearing held before a legally constituted hearing body to determine whether a parolee or probationer has violated the conditions and requirements of parole or probation
Difference between earned time and good time
Good time credits result in a reduction in actual time served,
whereas earned time credits may result in early release to a prerelease facility.
Jurisdiction
The power of a court to hear and decide a case, or the authority of a political body to make laws
