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Criminal Justice > Final Exam > Flashcards

Final Exam Flashcards

1
Q

Adversarial Process

A

Lawyers for each side represent their clients’ best interests

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2
Q

Aggravating Circumstances

A

Any circumstances accompanying the commission of a crime that may justify a harsher sentence

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3
Q

Appeal

A

Apply to a higher court for a reversal of the decision of a lower court

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4
Q

Appellate courts

A

Courts hearing cases appealed from a lower court

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5
Q

Argersinger v. Hamlin (1972)

A

Indigent defendants must be provided with attorneys when facing misdemeanor and petty charges that may result in incarceration

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6
Q

Arraignment

A

A hearing in which a suspect is charged and pleads guilty or not guilty

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7
Q

Atkins v. Virginia (2002)

A

execution of developmentally disabled offenders is unconstitutional

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8
Q

Bail

A

A sum of money used as a security deposit to ensure that an accused person returns for his or her trial

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9
Q

Bench Trial

A

A trial before a judge without a jury

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10
Q

Closing Arguments

A

Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented

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11
Q

Contract Counsel

A

An attorney in private practice who contracts with the government to represent all indigent defendants

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12
Q

Count

A

Each separate offense of which a person is accused in an indictment or an information

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13
Q

Courtroom Workgroup

A

Individuals in the workplace on a continuing basis

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14
Q

Criminal courts

A

Determine the guilt or innocence of persons accused of committing a crime.

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15
Q

Defense Attorney

A

The lawyer representing the defendant

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16
Q

Demonstrative evidence

A

Evidence that is not based on witness testimony but that demonstrates information relevant to the crime

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17
Q

Determinate sentencing

A

A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials

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18
Q

Deterrence

A

The attempt to discourage criminality through the use of punishment

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19
Q

Discovery

A

A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial

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20
Q

Discretion

A

The ability of individuals in the criminal justice system to make operational decisions based on personal judgement instead of formal rules or official information

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21
Q

Disorganized Criminals

A

Have mental impairments or low levels of intelligence and find it impossible to adapt to prison culture

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22
Q

Dispute Processing

A

When people disagree about contracts, money, property, and personal injuries in ways that they cannot resolve on their own

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23
Q

Eighth Amendment

A

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted

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24
Q

Exclusive Jurisdiction

A

Authority of only federal courts to hear and decide cases

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25
Q

Executive Branch

A

Enforces laws

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26
Q

Fourteenth Amendment

A

No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws

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27
Q

Functions of the judge

A

adjudicator, negotiator, administrator

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28
Q

Furman v. Georgia (1972)

A

The death penalty, as administered, constitutes cruel and unusual punishment.

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29
Q

Gideon v. Wainwright (1963)

A

Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.

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30
Q

Gleaning

A

working to improve themselves to prepare for a return to society

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31
Q

Going rate

A

Local court officials’ shared view of the appropriate sentence

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32
Q

Good Time

A

A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs

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33
Q

Gregg v. Georgia (1976)

A

Established that the death penalty does not necessarily violate the Constitution

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34
Q

Home confinement

A

A sentence requiring the offender to remain inside his or her home during specified periods

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35
Q

Incapacitation

A

Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

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36
Q

Indeterminate Sentencing

A

A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences

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37
Q

Indictment

A

Document returned by a grand jury charging a person with a specific crime

38
Q

Initial Appearance

A

Suspect appears before a judge to hear the charges and determine if bail will be set

39
Q

Inquisitorial Process

A

The judge takes an active role in investigating the case and examining evidence

40
Q

Intensive Probation Supervision

A

A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer

41
Q

Intermediate Sanctions

A

Punishments that are more restrictive than traditional probation but less severe and costly than incarceration

42
Q

Jailing

A

Inmates who have spent a substantial amount of time behind bars and tend to be comfortable in prison

43
Q

Judicial Branch

A

Interprets the laws

44
Q

Jury

A

A group of people sworn to abide by the laws to determine the truth

45
Q

Jury trial

A

A trial before a judge and a jury

46
Q

Legislative Branch

A

Makes laws

47
Q

Local Legal Culture

A

Norms shared by members of a court community

48
Q

Mandatory Release

A

The required release of an inmate from incarceration to community supervision upon the expiration of a certain period

49
Q

Truth in sentencing

A

Legislation that requires the court to disclose the actual prison time the offender is likely to serve

50
Q

McCleskey v. Kemp (1987)

A

Supreme Court decision that upheld the constitutionality of the death penalty against charges that it violated the fourteenth amendment because minority defendants were more likely to receive the death penalty than were white defendants

51
Q

Mitigating Circumstances

A

Any circumstances accompanying the commission of a crime that may justify a lighter sentence

52
Q

Mixed Sentences

A

A sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community

53
Q

Net widening

A

Process in which new sentencing options increase rather than reduce control over offenders’ lives

54
Q

New York System

A

A congregate system in which prisoners were held in isolation at night but worked with other prisoners in shops during the day under the rule of silence

55
Q

Noelle Prosequi

A

An entry indicating that the charges specified will not be prosecuted, and the charges are thereby dismissed

56
Q

Pardon

A

A declaration of forgiveness and freedom from punishment

57
Q

Parole Revocation

A

When a parolee breaks the conditions of parole, the process of withdrawing parole and returning the person to prison.

58
Q

Pennsylvania System

A

An early system of U.S. penology in which inmates were kept in solitary cells so that they could study religious writings, reflect on their misdeeds, & perform handicraft work

59
Q

Plea Bargain

A

Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense

60
Q

Policy making

A

The process by which authorities decide which actions to take to address a problem or set of problems.

61
Q

Powell v. Alabama (1932)

A

an attorney must be provided to a poor defendant facing the death penalty

62
Q

Preliminary Hearing

A

A hearing held to determine if there is sufficient evidence to justify a trial

63
Q

Preventative Detention

A

A law that allows judges to order an accused person to stay in jail without bail if it is thought they will commit another crime

64
Q

Prisoner reentry

A

The process of an inmate leaving prison and returning to the community

65
Q

Privatization

A

Process of converting government enterprises into privately owned companies

66
Q

Probation

A

The release of an offender from detention, subject to a period of good behavior under supervision

67
Q

Prosecutor

A

The state or federal government attorney in a criminal case

68
Q

Public Defender

A

An attorney who works for the state and defends people who cannot afford a private attorney

69
Q

Rebuttal Witness

A

A witness whose testimony is intended to attack the credibility of the previous witness

70
Q

Rehabilitation

A

A program for reforming the offender to prevent later offenses

71
Q

Restitution

A

Holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes

72
Q

Restorative Justice

A

A system of criminal justice that focuses on the rehabilitation of offenders

73
Q

Retribution

A

a repayment; a deserved punishment

74
Q

Roper v. Simmons (2005)

A

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

75
Q

Santobello v. New York (1971)

A

When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled

76
Q

Scott v. Illinois (1979)

A

If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply

77
Q

Security Threat Group (STG)

A

An inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public

78
Q

Separate Confinement

A

A penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from other inmates. All activities, including craft work, took place in the cells.

79
Q

Shock Incarceration

A

A short period of incarceration that is designed to deter further criminal activity

80
Q

Shock Probation

A

A sentence in which the offender is released after a short incarceration and resentenced to probation

81
Q

Sixth Amendment

A

Right to a speedy and public trial

82
Q

Testimony

A

Oral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures.

83
Q

Three branches of government

A

Legislative, Executive, Judicial

84
Q

Three Strikes Law

A

The law that applies mandatory sentencing to give repeat offenders longer prison terms

85
Q

Trial

A

The court process to determine whether someone committed a criminal act

86
Q

Trial courts of general jurisdiction

A

Criminal courts with jurisdiction over all offenses, including felonies

87
Q

Trial courts of limited jurisdiction

A

Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases.

88
Q

Truth-in-sentencing laws

A

Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced

89
Q

US v. Salerno (1987)

A

Bail can be denied if the person is dangerous

90
Q

Voir Dire

A

Jury selection process of questioning prospective jurors

91
Q

Walnut Street Jail

A

The birthplace of the modern prison system and of the Pennsylvania system of solitary confinement

92
Q

Writ of Habeas Corpus

A

A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.

Criminal Justice (3 decks)

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