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CRJU 110 > Final Exam > Flashcards

Final Exam Flashcards

1
Q

administrative punishments

A

Either a fine or a term of confinement ranging from 1 to 15 days.

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2
Q

administrative segregation

A

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.

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3
Q

ADX Florence

A

super maximum capacity prison, largest in the US

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4
Q

Amicus Curiae

A

submitting documents to appeals court by a group or person who is interested in the final decision of the case (but is not involved)

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5
Q

Anti-Psychiatry

A

people became skeptical about psychology and sociology as a way to reform

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6
Q

asked and answered

A

lawyers try and intimidate witness by asking the same question multiple times

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7
Q

Batson v. Kentucky

A

the state is not permitted to use its peremptory challenges to automatically exclude potential members of the jury because of their race.

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8
Q

case in chief

A

prosecution presents their evidence

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9
Q

challenge for cause

A

When one side objects to a prospective juror on account of bias (ex. they know defendant or they know the victim)

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10
Q

change of venue

A

a motion to move the location of a trial

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11
Q

circumstantial evidence

A

evidence that requires interpretation

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12
Q

civil commitment

A

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

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13
Q

classification team

A

A group of experts who evaluate newly incarcerated people

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14
Q

collateral consequences

A

The effects of imprisonment that go beyond the imprisonment itself on the families of the incarcerated person.

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15
Q

community corrections

A

Forms of criminal punishment that seek to keep the convicted person in society rather than locking her away.

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16
Q

corporal punishment

A

A punishment that causes physical pain.

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17
Q

directed verdict

A

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

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18
Q

discovery

A

Efforts by defendants to see material held by the prosecutor.

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19
Q

diversion programs

A

Programs that attempt to keep people convicted of crimes out of prison by providing services and guidance.

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20
Q

Eastern State Penitentiary

A

birth of modern prisons, founded by Quakers in PA to rehabilitate people (turned prisons into a place to “fix” people)

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21
Q

friendly witness

A

witness for your side

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22
Q

general deterrence

A

the effects of legal punishment on the general public, deterring people in the public from committing the crime

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23
Q

hands-off doctrine

A

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)

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24
Q

harmless error

A

mistake the judge makes at trial that does not have an impact on the outcome (small mistake)

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25
Q

hearsay

A

Second-hand stories, the person didn’t actually witness something they just heard about it (ex. rumors)

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26
Q

Holt v. Hobbs

A

determined that prisoners do have limited rights (ex. you can grow a shirt beard if your religion requires it)

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27
Q

home confinement

A

“house arrest,” need to stay in home or have limited access to things outside of the house

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28
Q

hostile witness

A

A witness for the other side in a trial (can ask leading questions)

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29
Q

humonetarianism

A

idea that the reason we want to reduce prison population is to save the government money

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30
Q

Immanual Kant

A

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

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31
Q

incapacitation

A

The act of making an individual “incapable” of committing a crime, preventing the crime from happening again (ex. jail)

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32
Q

indeterminate sentencing

A

Prison sentences that do not have a definite end date or can be ended early for good behavior.

33
Q

inmate code

A

The informal social rules governing prison life.

34
Q

institutionalization

A

The effect of long-term incarceration leaves those previously incarcerated unable to function outside of the prison’s structure.

35
Q

intensive supervision

A

form of probation that requires high levels of supervision

36
Q

probation

A

Allowing a convicted person to avoid imprisonment and remain free under close supervision.

37
Q

leading the witness

A

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

38
Q

mass incarceration

A

A term for the extremely high rate of incarceration in the United States for both adults and youth (started due to war on drugs)

39
Q

Megan’s law

A

sex offenders and pedophiles can’t live near children’s schools, playgrounds, or daycares

40
Q

mistrial

A

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

41
Q

motion to dismiss

A

The court’s decision to terminate a court case without imposing liability on the defendant (drop the charges), the prosecution has no plausible case

42
Q

motion to suppress

A

A motion to prevent evidence from being entered during a trial.

43
Q

neoliberalism

A

things are better off done by private industries than by the government

44
Q

nullification

A

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)

45
Q

parole

A

The practice of releasing incarcerated people early under certain conditions.

46
Q

penitentiary

A

A model of prison that focuses on spiritual and personal rehabilitation.

47
Q

peremptory challenge

A

When one party at a trial objects to a potential juror without providing a reason, no reason is needed (limited number)

48
Q

presentencing investigation report (PSIR)

A

An analysis of a convicted person provided to the court by a probation officer that examines that person’s background

49
Q

prison labor era

A

prisoners would work as a form of rehabilitation, prisons could also profit off of the things they produced

50
Q

prisoner’s rights

A

Prisoners do have rights within the prison, however, they can be limited to protect the prisoner and others incarcerated with them/the guards

51
Q

prison-industrial complex

A

High levels of incarceration rates is because private industries, politicians, and guards economically benefit

52
Q

probation

A

Allowing a convicted person to avoid imprisonment and remain free under close supervision.

53
Q

probative value

A

The value of evidence that is relevant to proving the guilt or innocence of a defendant.

54
Q

protective custody unit

A

A section of a prison where incarcerated people who need to be separated from others are held

55
Q

punitive probation

A

emphasizes the punishment aspect of a criminal sentence (punishment reflects the crime)

56
Q

Quakerism

A

belief that every human has a direct connection to the devine (God), focuses on the inner light (everyone can speak to God)

57
Q

recidivism

A

the tendency of a convicted criminal to reoffend.

58
Q

rehabilitation

A

reform or fix an offenders actions (counseling, mental health care, parole)

59
Q

restorative justice

A

An approach to justice that seeks to heal rather than punish (seeks to address the harm)

60
Q

retributivism

A

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.

61
Q

reversible error

A

the judge makes a mistake that had an impact on the final verdict of the case (serious error), conviction needs to be thrown out

62
Q

separate and silent system

A

A model in which incarcerated people were not allowed to contact each other and lived in their own cells.

63
Q

slaves of the state

A

The legal status of incarcerated people until the 1960s

64
Q

specific deterrence

A

deters a specific person and punishes them

65
Q

speculation

A

someone’s idea of what might have happened, not facts

66
Q

Stanford Prison Experiment

A

A psychological study conducted on college students examined how the prison structure of guards and incarcerated people affect human behavior

67
Q

supremacy clause

A

The section of the Constitution that makes the Constitution the supreme law of the land

68
Q

textualism

A

a mode of legal interpretation that focuses on the plain meaning of the text of a legal document

69
Q

Thirteenth Amendment

A

can’t have slavery or involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted

70
Q

total institutions

A

Institutions like prisons, mental hospitals, and the military where virtually every aspect of an individual’s life is controlled

71
Q

truth in sentencing

A

Laws that require people convicted of crimes to serve their entire sentence rather than being released early.

72
Q

Wolff v. McDonnell

A

Prisoners have rights under certain conditions, not entitled to full due process protections (ex. Muslims can only have small beards)

73
Q

victim impact statement

A

Testimony from a victim provided at sentencing, where she explains the crime’s effect on her.

74
Q

victim-offender mediation

A

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

75
Q

voir dire

A

The process of selecting jurors to serve during a trial, both sides can object

76
Q

intermediate sentencing

A

a type of custodial sentence that consists of a range of years (such as five to ten years) and not a fixed time

77
Q

categorical imperative

A

Through one’s own actions, you determine how you can be treated, we punish someone who deserves it

78
Q

rehabilitation era

A

idea that psychology should be used in prisons to rehabilitate (ineffective)

CRJU 110 (3 decks)

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