Final Exam Flashcards
administrative punishments
Either a fine or a term of confinement ranging from 1 to 15 days.
administrative segregation
to temporarily remove an incarcerated individual from the general population until a timely and informed decision can be made about appropriate housing based on behavior.
ADX Florence
super maximum capacity prison, largest in the US
Amicus Curiae
submitting documents to appeals court by a group or person who is interested in the final decision of the case (but is not involved)
Anti-Psychiatry
people became skeptical about psychology and sociology as a way to reform
asked and answered
lawyers try and intimidate witness by asking the same question multiple times
Batson v. Kentucky
the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.
case in chief
prosecution presents their evidence
challenge for cause
When one side objects to a prospective juror on account of bias (ex. they know defendant or they know the victim)
change of venue
a motion to move the location of a trial
circumstantial evidence
evidence that requires interpretation
civil commitment
Holding a person who has not been convicted of a crime (or who has already served her sentence) because experts believe hat she is a danger to herself or to the public
classification team
A group of experts who evaluate newly incarcerated people
collateral consequences
The effects of imprisonment that go beyond the imprisonment itself on the families of the incarcerated person.
community corrections
Forms of criminal punishment that seek to keep the convicted person in society rather than locking her away.
corporal punishment
A punishment that causes physical pain.
directed verdict
A motion to end a trial after the prosecution has presented its case, basically says prosecution didn’t prove guilt so lets end trial early
discovery
Efforts by defendants to see material held by the prosecutor.
diversion programs
Programs that attempt to keep people convicted of crimes out of prison by providing services and guidance.
Eastern State Penitentiary
birth of modern prisons, founded by Quakers in PA to rehabilitate people (turned prisons into a place to “fix” people)
friendly witness
witness for your side
general deterrence
the effects of legal punishment on the general public, deterring people in the public from committing the crime
hands-off doctrine
The (now abandoned) legal doctrine believed that courts should let prison officials run prisons in whatever way these officials deemed appropriate; prisoners were slaves of the state (no rights)
harmless error
mistake the judge makes at trial that does not have an impact on the outcome (small mistake)
hearsay
Second-hand stories, the person didn’t actually witness something they just heard about it (ex. rumors)
Holt v. Hobbs
determined that prisoners do have limited rights (ex. you can grow a shirt beard if your religion requires it)
home confinement
“house arrest,” need to stay in home or have limited access to things outside of the house
hostile witness
A witness for the other side in a trial (can ask leading questions)
humonetarianism
idea that the reason we want to reduce prison population is to save the government money
Immanual Kant
Said our punishments need to be different because we have free willl”, people who commit crimes deserve to be punished because they chose to commit that act
incapacitation
The act of making an individual “incapable” of committing a crime, preventing the crime from happening again (ex. jail)
indeterminate sentencing
Prison sentences that do not have a definite end date or can be ended early for good behavior.
inmate code
The informal social rules governing prison life.
institutionalization
The effect of long-term incarceration leaves those previously incarcerated unable to function outside of the prison’s structure.
intensive supervision
form of probation that requires high levels of supervision
probation
Allowing a convicted person to avoid imprisonment and remain free under close supervision.
leading the witness
Objection when a question is asked that suggests the answer, lawyers can object to this so their witness is not prompted to answer a certain way
mass incarceration
A term for the extremely high rate of incarceration in the United States for both adults and youth (started due to war on drugs)
Megan’s law
sex offenders and pedophiles can’t live near children’s schools, playgrounds, or daycares
mistrial
A trial that is ended by the judge prematurely because the jury had been tainted due to something in the court (ex. someone is attacked), need to start a new trial
motion to dismiss
The court’s decision to terminate a court case without imposing liability on the defendant (drop the charges), the prosecution has no plausible case
motion to suppress
A motion to prevent evidence from being entered during a trial.
neoliberalism
things are better off done by private industries than by the government
nullification
The jury can decide whatever they want, regardless of the evidence (ex. they can say someone wasn’t proven guilty even if there is evidence of them committing the crime)
parole
The practice of releasing incarcerated people early under certain conditions.
penitentiary
A model of prison that focuses on spiritual and personal rehabilitation.
peremptory challenge
When one party at a trial objects to a potential juror without providing a reason, no reason is needed (limited number)
presentencing investigation report (PSIR)
An analysis of a convicted person provided to the court by a probation officer that examines that person’s background
prison labor era
prisoners would work as a form of rehabilitation, prisons could also profit off of the things they produced
prisoner’s rights
Prisoners do have rights within the prison, however, they can be limited to protect the prisoner and others incarcerated with them/the guards
prison-industrial complex
High levels of incarceration rates is because private industries, politicians, and guards economically benefit
probation
Allowing a convicted person to avoid imprisonment and remain free under close supervision.
probative value
The value of evidence that is relevant to proving the guilt or innocence of a defendant.
protective custody unit
A section of a prison where incarcerated people who need to be separated from others are held
punitive probation
emphasizes the punishment aspect of a criminal sentence (punishment reflects the crime)
Quakerism
belief that every human has a direct connection to the devine (God), focuses on the inner light (everyone can speak to God)
recidivism
the tendency of a convicted criminal to reoffend.
rehabilitation
reform or fix an offenders actions (counseling, mental health care, parole)
restorative justice
An approach to justice that seeks to heal rather than punish (seeks to address the harm)
retributivism
Response to criminal behavior that focuses on the punishment of lawbreakers and the compensation of victims. In general, the severity of the punishment is proportionate to the seriousness of the crime.
reversible error
the judge makes a mistake that had an impact on the final verdict of the case (serious error), conviction needs to be thrown out
separate and silent system
A model in which incarcerated people were not allowed to contact each other and lived in their own cells.
slaves of the state
The legal status of incarcerated people until the 1960s
specific deterrence
deters a specific person and punishes them
speculation
someone’s idea of what might have happened, not facts
Stanford Prison Experiment
A psychological study conducted on college students examined how the prison structure of guards and incarcerated people affect human behavior
supremacy clause
The section of the Constitution that makes the Constitution the supreme law of the land
textualism
a mode of legal interpretation that focuses on the plain meaning of the text of a legal document
Thirteenth Amendment
can’t have slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted
total institutions
Institutions like prisons, mental hospitals, and the military where virtually every aspect of an individual’s life is controlled
truth in sentencing
Laws that require people convicted of crimes to serve their entire sentence rather than being released early.
Wolff v. McDonnell
Prisoners have rights under certain conditions, not entitled to full due process protections (ex. Muslims can only have small beards)
victim impact statement
Testimony from a victim provided at sentencing, where she explains the crime’s effect on her.
victim-offender mediation
The process of bringing a victim together with the person who harmed her in a supervised environment so that they can discuss the crime and its impact
voir dire
The process of selecting jurors to serve during a trial, both sides can object
intermediate sentencing
a type of custodial sentence that consists of a range of years (such as five to ten years) and not a fixed time
categorical imperative
Through one’s own actions, you determine how you can be treated, we punish someone who deserves it
rehabilitation era
idea that psychology should be used in prisons to rehabilitate (ineffective)
