Final Exam Flashcards
Adversarial Process
Lawyers for each side represent their clients’ best interests
Aggravating Circumstances
Any circumstances accompanying the commission of a crime that may justify a harsher sentence
Appeal
Apply to a higher court for a reversal of the decision of a lower court
Appellate courts
Courts hearing cases appealed from a lower court
Argersinger v. Hamlin (1972)
Indigent defendants must be provided with attorneys when facing misdemeanor and petty charges that may result in incarceration
Arraignment
A hearing in which a suspect is charged and pleads guilty or not guilty
Atkins v. Virginia (2002)
execution of developmentally disabled offenders is unconstitutional
Bail
A sum of money used as a security deposit to ensure that an accused person returns for his or her trial
Bench Trial
A trial before a judge without a jury
Closing Arguments
Arguments made by each side’s attorney after the cases for the plaintiff and defendant have been presented
Contract Counsel
An attorney in private practice who contracts with the government to represent all indigent defendants
Count
Each separate offense of which a person is accused in an indictment or an information
Courtroom Workgroup
Individuals in the workplace on a continuing basis
Criminal courts
Determine the guilt or innocence of persons accused of committing a crime.
Defense Attorney
The lawyer representing the defendant
Demonstrative evidence
Evidence that is not based on witness testimony but that demonstrates information relevant to the crime
Determinate sentencing
A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials
Deterrence
The attempt to discourage criminality through the use of punishment
Discovery
A prosecutor’s pretrial disclosure to the defense of facts and evidence to be introduced at trial
Discretion
The ability of individuals in the criminal justice system to make operational decisions based on personal judgement instead of formal rules or official information
Disorganized Criminals
Have mental impairments or low levels of intelligence and find it impossible to adapt to prison culture
Dispute Processing
When people disagree about contracts, money, property, and personal injuries in ways that they cannot resolve on their own
Eighth Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted
Exclusive Jurisdiction
Authority of only federal courts to hear and decide cases
Executive Branch
Enforces laws
Fourteenth Amendment
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
Functions of the judge
adjudicator, negotiator, administrator
Furman v. Georgia (1972)
The death penalty, as administered, constitutes cruel and unusual punishment.
Gideon v. Wainwright (1963)
Extends to the defendant the right of counsel in all state and federal criminal trials regardless of their ability to pay.
Gleaning
working to improve themselves to prepare for a return to society
Going rate
Local court officials’ shared view of the appropriate sentence
Good Time
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
Gregg v. Georgia (1976)
Established that the death penalty does not necessarily violate the Constitution
Home confinement
A sentence requiring the offender to remain inside his or her home during specified periods
Incapacitation
Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
Indeterminate Sentencing
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences
Indictment
Document returned by a grand jury charging a person with a specific crime
Initial Appearance
Suspect appears before a judge to hear the charges and determine if bail will be set
Inquisitorial Process
The judge takes an active role in investigating the case and examining evidence
Intensive Probation Supervision
A form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer
Intermediate Sanctions
Punishments that are more restrictive than traditional probation but less severe and costly than incarceration
Jailing
Inmates who have spent a substantial amount of time behind bars and tend to be comfortable in prison
Judicial Branch
Interprets the laws
Jury
A group of people sworn to abide by the laws to determine the truth
Jury trial
A trial before a judge and a jury
Legislative Branch
Makes laws
Local Legal Culture
Norms shared by members of a court community
Mandatory Release
The required release of an inmate from incarceration to community supervision upon the expiration of a certain period
Truth in sentencing
Legislation that requires the court to disclose the actual prison time the offender is likely to serve
McCleskey v. Kemp (1987)
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
Mitigating Circumstances
Any circumstances accompanying the commission of a crime that may justify a lighter sentence
Mixed Sentences
A sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community
Net widening
Process in which new sentencing options increase rather than reduce control over offenders’ lives
New York System
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
Noelle Prosequi
An entry indicating that the charges specified will not be prosecuted, and the charges are thereby dismissed
Pardon
A declaration of forgiveness and freedom from punishment
Parole Revocation
When a parolee breaks the conditions of parole, the process of withdrawing parole and returning the person to prison.
Pennsylvania System
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
Plea Bargain
Agreement between a prosecutor and a defendant that the defendant will plead guilty to a lesser offense
Policy making
The process by which authorities decide which actions to take to address a problem or set of problems.
Powell v. Alabama (1932)
an attorney must be provided to a poor defendant facing the death penalty
Preliminary Hearing
A hearing held to determine if there is sufficient evidence to justify a trial
Preventative Detention
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
Prisoner reentry
The process of an inmate leaving prison and returning to the community
Privatization
Process of converting government enterprises into privately owned companies
Probation
The release of an offender from detention, subject to a period of good behavior under supervision
Prosecutor
The state or federal government attorney in a criminal case
Public Defender
An attorney who works for the state and defends people who cannot afford a private attorney
Rebuttal Witness
A witness whose testimony is intended to attack the credibility of the previous witness
Rehabilitation
A program for reforming the offender to prevent later offenses
Restitution
Holds offenders partially or fully accountable for the financial losses suffered by the victims of their crimes
Restorative Justice
A system of criminal justice that focuses on the rehabilitation of offenders
Retribution
a repayment; a deserved punishment
Roper v. Simmons (2005)
Execution of offenders for crimes committed while under the age of 18 is unconstitutional
Santobello v. New York (1971)
When a guilty plea rests on a promise of a prosecutor, the promise must be fulfilled
Scott v. Illinois (1979)
If there is no possibility of confinement, the Sixth Amendment right to counsel does not apply
Security Threat Group (STG)
An inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public
Separate Confinement
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.
Shock Incarceration
A short period of incarceration that is designed to deter further criminal activity
Shock Probation
A sentence in which the offender is released after a short incarceration and resentenced to probation
Sixth Amendment
Right to a speedy and public trial
Testimony
Oral or written evidence given by the witness under oath, affidavit, or deposition during a trial or other legal procedures.
Three branches of government
Legislative, Executive, Judicial
Three Strikes Law
The law that applies mandatory sentencing to give repeat offenders longer prison terms
Trial
The court process to determine whether someone committed a criminal act
Trial courts of general jurisdiction
Criminal courts with jurisdiction over all offenses, including felonies
Trial courts of limited jurisdiction
Criminal courts with trial jurisdiction over misdemeanor cases and preliminary matters in felony cases.
Truth-in-sentencing laws
Legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced
US v. Salerno (1987)
Bail can be denied if the person is dangerous
Voir Dire
Jury selection process of questioning prospective jurors
Walnut Street Jail
The birthplace of the modern prison system and of the Pennsylvania system of solitary confinement
Writ of Habeas Corpus
A court order requiring jailers to explain to a judge why they are holding a prisoner in custody.
