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SOC 131: Criminal Justice > Final Exam > Flashcards

Final Exam Flashcards

1
Q

stare decisis

A

to stand by things decided (core of the common law system)

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2
Q

gamble v. U.S. (2019)

A

Supreme court held that dual sovereignty (tried for same crime in state & federal) doesn’t contradict double jeopardy

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3
Q

needed for the USSC to overrule a precedent:

A

-Workability of the standard
-Antiquity
-Reliance interests at stake
-Whether the original decision was well-reasoned

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4
Q

adversarial process

A

-Multiple parties in court (judge, defendant/attorney, prosecutor/victim)
-Judges oversee the interactions & enforce rules w/o imposing their will

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5
Q

inquisitorial process

A

-When these parties aren’t divided well
-Judge isn’t in the middle (ruins impartiality)

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6
Q

jurisdiction

A

territory in which a judge/court can rule (USSC has the largest)

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7
Q

types of courts

A

federal, state, state supreme, tribal

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8
Q

main functions of courts

A

-Enforcing norms
-Handling dispute processing for society
-Engage in policy-making (especially higher courts)

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9
Q

trial courts

A

try criminal cases

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10
Q

appellate courts

A

analyze legality of the cases, trials, & outcomes (hear appeals of lower courts’ decisions)

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11
Q

limited jurisdiction trial courts

A

only misdemeanors (only in state courts)

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12
Q

general jurisdiction trial courts

A

handle the full range of felony cases & all other civil lawsuits

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13
Q

intermediate appellate courts

A

between trial courts & state supreme courts (not all states have, but many do)

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14
Q

USSC role

A

-70-80 cases heard per year
-Can hear both federal & state cases

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15
Q

federal courts

A

district < circuit courts of appeals < U.S. Supreme Court

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16
Q

state courts

A

trial courts of limited jurisdiction < trial courts of general jurisdiction < intermediate courts of appeals < appellate court of last resort (supreme court)

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17
Q

partisan election

A

An election in which candidates openly affiliated with political parties are presented to voters for selection

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18
Q

nonpartisan election

A

An election in which candidates’ party affiliations are not listed on the ballot

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19
Q

gubernatorial appointment

A

state governor elects trial-court judges

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20
Q

legislative selection

A

state legislature elects trial-court judges

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21
Q

merit selection

A

A reform plan by which judges are nominated by a committee & appointed by the governor for a given period

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22
Q

federal court judge selection

A

Nominated by the president & confirmed by a majority vote of the U.S. Senate

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23
Q

diversity of judges

A

-Majority of state judges are white men
-Disproportionate percentages compared to actual pop. numbers

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24
Q

Moritz v. Commissioner (1970)

A

RBG asked the USSC to overturn Section 214 of the Internal Revenue Code (discriminatory against MEN)

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25
Q

administrative tasks of judges

A

Adjudicator => Applies the laws equally & fairly
Negotiator => Plea bargains, sentencing, & bail
Administrator => Managing courtroom, deals w/political power & legislators

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26
Q

judge in pre-arrest phase

A

Reviews requests for & issues/denies search/arrest warrants

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27
Q

judge in initial appearance

A

-Advises accused of rights
-Determines bail & pretrial release
-Decides if case should be dismissed or heard

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28
Q

judge in preliminary hearing

A

-Evaluates prosecution & defense claims w/regard to probable cause
-Decides whether evidence exists to hold accused for arraignment
-Rule on bail reduction requests
-Continues to advise accused as to rights

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29
Q

judge in arraignment

A

-Evaluates indictment/information
-Advises defendant as to plea
-Ensures defendant understand the impact of “guilty” or “no contest” with regard to waiver of some rights

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30
Q

judge in pretrial

A

-Rules on pretrial motions
-Answers requests for continuances

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31
Q

judge in trial

A

-Oversee jury selection
-Rule on evidence & other aspects of adversarial procedure
-Instruct jury as to legal rules affecting the case
-Charge the jury & receive report of deliberations
-If nonjury trial, determine guilt/innocence

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32
Q

judge in sentencing

A

-Evaluate presentence report
-Hear the opposing arguments of counsel w/regard to sentence
-Impose sentence

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33
Q

prosecuting attorney

A

Makes discretionary decisions on whether to pursue criminal charges (represents the government; pursues cases that violate state laws)

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34
Q

U.S. attorney

A

Prosecutes federal cases

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35
Q

state attorney general

A

Chief legal officer of a state (responsible for civil & criminal matters)

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36
Q

prosecutorial misconduct

A

Any improper or unethical conduct by a prosecutor while carrying out their duties in a criminal case

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37
Q

Brady v. Maryland (1963)

A

-Brady & Boblit were both found guilty of first-degree murder
-Brady claimed to participate in the robbery, but not the murder
-Later found out that Boblit had confessed to the murder, but the prosecution had suppressed this evidence for Brady’s trial
=> Supreme Court ruled that, even if not requested, prosecutors must disclose exculpatory evidence (The “Brady rule”)

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38
Q

prosecutor’s influence

A

Most decision-makers in the CJS are involved in only one part of the process, but prosecutors are involved in multiple stages

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39
Q

prosecutor’s roles

A

-“Lawyer for the state”
-Upholds the law
-Press charges against lawbreakers
-Enforcing the rules of due process

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40
Q

discretion of prosecutor in CHARGES

A

-Determine what charges to file
-One incident may violate multiple laws, but can choose to bring one charge or more

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41
Q

discretion of prosecutor in DISCOVERY

A

-Info in prosecutor’s case file must be available to the defense (Exchange information)
-A pretrial phase (During arraignment or initial appearance)

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42
Q

nolle prosequi

A

An entry made by a prosecutor on the record of a case & announced in court, indicating the charges specific will not be prosecuted (essentially, charges are dismissed)

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43
Q

prosecutor & police

A

-Depend on police to provide the suspects & evidence to convict the lawbreakers
-Cannot investigate crimes independently, so in command of the cases brought to them

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44
Q

prosecutors & victims/witnesses

A

Can pursue a case whether or not a victim wants to press charges (however, many won’t when the critical testimony & other evidence must come from the victim)

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45
Q

prosecutors & judges/courts

A

Sentencing histories of judges give prosecutors an idea of how the case may be treated in the courtroom

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46
Q

prosecutors & the community

A

Public opinion & the media play a crucial role in creating an environment that either supports or scrutinizes the prosecutor

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47
Q

prosecutor in investigation/arrest

A

-Assist police w/prep of search/arrest warrants
-Receive case file & screen to determine if the prosecution should proceed
-Advise police on evidence needed

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48
Q

prosecutor in initial appearance

A

-Inform court & accused of charges
-Usually seek high bail
-May drop case (enter nolle prosequi)

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49
Q

prosecutor in preliminary hearing

A

-Establish prima facie case
-May nolle prosequi
-Oppose bail reduction
-Discuss the case w/the defense

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50
Q

prosecutor in arraignment

A

-Present charges against accused through indictment or information
-Acknowledge the defendant’s plea
-Continue plea bargain discussions

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51
Q

prosecutor in pretrial

A

-Prepare case for trial by gathering evidence & interviewing witnesses
-Oppose pretrial motions filed by the defense
-Accept plea bargains

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52
Q

prosecutor in trial

A

-Respond to court in defendant’s change of plea to guilty by reducing charges (plea bargain)
-Taking an adversarial stance in jury selection & proving the state’s case beyond reasonable doubt

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53
Q

prosecutor in sentencing

A

recommends & justifies sentences

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54
Q

prosecutor in appeals

A

prepares argument to counter appeals filed by the defense

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55
Q

defense attorney

A

The lawyer representing accused offenders & convicted offenders in their dealing with criminal justice

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56
Q

presumption of innocence

A

-Criminal defense attorneys work on behalf of people accused of crimes–and under the American criminal justice systems, defendants are presumed innocent until proven guilty
-Not guaranteed in the Constitution, but statutes & the Supreme Court has recognized it as one of the most basic requirements of a fair trial

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57
Q

DA in police station

A

-Advice during interrogation
-Ensuring constitutional rights aren’t violated
-Counsel during booking
-Seek pretrial release
-Determine facts of case from police records

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58
Q

DA in initial appearance

A

-Appear with accused before judge
-Seek pretrial release (or release on recognizance or bail)
-Challenge basis of arrest

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59
Q

DA in preliminary hearing

A

-Challenge prosecutor’s stand that probable cause exists
-Seek bail reduction if client not released
-Discover evidence held by prosecutor
-Counsel defendant as to nature of case
-Discuss case with prosecutor

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60
Q

DA in arraignment

A

-Learn charges listed in indictment or information
-Advise client as to plea
-Discuss plea bargain with prosecutor

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61
Q

DA in pretrial

A

-Continue plea negotiations
-File pretrial motions challenging evidence & procedural errors

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62
Q

DA in trial

A

Change plea from not guilty to guilty as result of bargain or assume adversarial stance in jury selection & presentation of defense

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63
Q

DA in sentencing

A

-Prepare client for expected outcome
-Urge lenient sentence

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64
Q

DA in appeals

A

-Develop appropriate basis for appeal
-Request that client be released pending appeal

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65
Q

right to an attorney

A

Gideon v. Wainwright (1963) => Free attorneys to low-income defendants

Miranda’s rule => Prior to ANY custodial interrogation, law enforcement officials must provide a person with a clear warning of Miranda’s rights

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66
Q

assigned counsel

A

An attorney to private practice assigned by a court to represent an indigent

-Frequently used in small towns & rural regions
-Usually structures in an ad hoc or a coordinated basis
-Judge either selects an attorney from a prearranged rotation list or chooses a lawyer who is present in the courtroom & has a reputation for providing competent representation
-Fees paid to assigned counsel are typically lower to what a lawyer may usually charge

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67
Q

contract counsel

A

An attorney to private practice who contacts with the government to represent all indigent defendants in a county during a set period

-Government contracts with an attorney, nonprofit org, or a private law firm to manage indigent cases
-Jurisdictions that rely on public defenders for most cases may use contracted services in situations involving multiple defendants or complex cases that present conflicts of interest
-May use contracted services for cases that require more time than the government-employed lawyers can allocate

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68
Q

public defender

A

An attorney employed on a full-time, salaried basis

-The emergence of public defenders was in response to the legal requirements of impoverished defendants
-Rapidly expanding & implemented in 43/50 of the most populous counties & major cities
-Many professionals & individuals consider the public defender system superior to the assigned counsel system (Mostly bc public defenders are experts in criminal law)
-Full-time government staff (Prioritize their clients’ cases over their financial interests; However, may have overwhelming caseloads & responsibilities may decrease as governments cuts could affect funding)

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69
Q

bail

A

Amount of money paid as a condition of pretrial release to ensure the accused appears in court (often set by the judge)

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70
Q

bond

A

Refers to a set of conditions that must be met by the accused to retain their freedom while awaiting trial

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71
Q

bail agents

A

Private business people who are paid fees by defendants who lack the money to make bail (licensed by state & can choose their own clients)

Clients pay a portion of their bail to the agent, and don’t get it back. The agent can get them back to court by any means necessary.

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72
Q

pretrial detention (facts)

A

-15% of felony defendants wait for >1 year
-34% of deaths in the first week of pretrial detention => Suicide
-Contributes to a lot of the incarceration discrepancies btwn the U.S. & other countries

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73
Q

plea bargaining

A

-Quick resolution of cases by negotiated guilty pleas
-Advantages for defendants, prosecutors, defense attorneys, & judges
-Defendants can have their cases completed more quickly & know what the punishment will be
-Happens in about 90% of cases

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74
Q

Santobello v. New York

A

-Opinion emphasized that the plea bargaining process is crucial to the criminal justice system
-Agreements between prosecutors & defendants must be upheld (even with a new prosecutor)

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75
Q

most critical factor for whether cases go to trial

A

the seriousness of the crime (prosecutor less likely to offer plea, DA more likely to try the risk of a trial)

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76
Q

bench trials

A

Presided over by a judge & w/o a jury

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77
Q

In the federal system, the trial needs to be conducted by a jury, unless:

A

-Defendant waives jury trial in writing
-Government agrees with this
-Court approves of this

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78
Q

jury

A

A panel of citizens selected according to law & sworn to determine matters of fact in a criminal case & to deliver a guilty or noy guilty verdict

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79
Q

jury trial

A

-Jury evaluates the facts
-The judge referees & ensures jury impartiality

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80
Q

vital functions of the jury

A

-Prevent government oppression by safeguarding citizens against arbitrary law enforcement
-Determine whether the accused is guilty (or not)
-Represent diverse community interests
-Promote citizens’ knowledge about the CJS through the jury duty process
-Symbolize the rule of law

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81
Q

Williams v. FL (1970)

A

U.S. Supreme Court ruled that juries of fewer than 12 members are constitutional (but 12 is typical)

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82
Q

timeline of jury in the trial process

A

-Selection of the jury
-Opening statements by prosecution & defense
-Presentation of the prosecution’s evidence & witnesses
-Presentation of the defense’s evidence & witnesses
-Presentation of rebuttal witnesses
-Closing arguments by each side
-Instructions to the jury by the judge
-Decision by the jury

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83
Q

prosecutor goes first because:

A

Presumption of innocence
-Needs to show why that may not be the case
-Burden of proof is on prosecutor

Then, the defense can respond to the prosecution’s case

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84
Q

jury selection process

A
  1. Jury pool of 200-1000 citizens drawn each month from source list
  2. 30 people paneled (May return to pool if there is a guilty plea, or if the case is dismissed)
  3. 14 are selected for the jury, 16 are challenged or not used (Challenged & not used are returned to jury pool)
  4. Jury of 14 people (May return to pool if there is a guilty plea, or if the case is dismissed)
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85
Q

voir dire

A

Questioning prospective jurors to screen out people the attorneys think might be biased or incapable of delivering a fair verdict

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86
Q

challenge for cause

A

Removal of a prospective juror by showing they have some bias or legal disability

Unlimited

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87
Q

peremptory challenges

A

Removal of a prospective juror without giving a reason

Limited

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88
Q

Batson v. Kentucky (1986)

A

SC found that racial discrimination, due to an all-white jury, was a huge part of Batson’s conviction

Batson Challenge => When a prosecutor/attorney strikes a juror for racial reasons, their decision can be challenged

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89
Q

Issues with the Batson challenge?

A

Can use any non-racial, arbitrary reason to justify

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90
Q

opening statements

A

-The clerk reads the information/indictment (first)
-If they desire, the prosecutor & the defense attorney may make opening statements to the jury (summarizing the position)

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91
Q

presentation of evidence (prosecution)

A

-Real/Material evidence
-Demonstrative evidence
-Testimony
-Direct evidence
-Circumstantial evidence

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92
Q

demonstrative evidence

A

Not based on witness testimony

Demonstrates evidence relevant to the crime

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93
Q

testimony

A

Oral evidence provided by a legally competent witness

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94
Q

direct evidence

A

Eyewitness accounts
-Need to be neutral
-Don’t go to prove anything
-Simply giving facts from their experience/POV

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95
Q

circumstantial evidence

A

Evidence provided by a witness, from which a jury must infer a fact

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96
Q

presentation of evidence (defense)

A

Typically, one of the following occurs:
-Contrary evidence is introduced to rebut or case doubt on the state’s case
-An alibi is offered
-An affirmative defense is presented (Working on the penalty by giving an excuse or justification)

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97
Q

closing arguments

A

-When each side has completed their presentation of the evidence
-Prosecution & defense make closing arguments to the jury to review the evidence of the case for the jury
-Presenting interpretations of the evidence that favor their own side

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98
Q

judge’s instructions to jury

A

-Jury decides the facts
-Judge decides the law
-Judge instructs the jury on legal principles to guide their decision (One is reasonable doubt; The juror must be “satisfied to a moral certainty” rather than wavering or uncertain)
-Realistically, juries need help understanding many of these instructions

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99
Q

decision by the jury

A

-Jurors retire to a room where they have complete privacy
-May be sequestered throughout their deliberations–kept together day & night

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100
Q

hung/deadlocked jury

A

A judicial jury that cannot agree upon a verdict after extended deliberation & cannot reach the required unanimity or supermajority (usually results in the case being tried again)

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101
Q

suggested reforms to the jury system

A

-Allow jury to take notes
-Allow jury to submit questions to judge
-Allow jury to submit questions to witnesses

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102
Q

concurrent sentences

A

Sentences/Prison terms for multiple charge occur at the same time

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103
Q

consecutive sentences

A

Sentences/Prison terms for multiple charges occur one after the other

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104
Q

three assumptions associated with misdemeanors in the CJS:

A

-Any person appearing before the court is guilty because the police & prosecution have presumably filtered out doubtful cases
-The vast majority of defendants will plead guilty
-Those charged with minor offenses will be processed in volume, with dozens of cases being decided rapidly within an hour

An assembly style procedure

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105
Q

presentence report

A

Report prepared by a probation (or parole) officer that presents a convicted offender’s background & is used by the judge in selecting an appropriate sentence

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106
Q

racial disparities in punishments

A

Research on federal court sentencing has found that racial disparities are largely caused by prosecutors’ decisions to charge minority defendants with more serious crimes

107
Q

appeals

A

-Defendant typically has the right to appeal the verdict to a higher court
-Based on a claim that one or more errors of law/procedure were made during investigation, arrest, or trial (Questions of procedure, not guilt/innocence)
-If significant errors in the trial => Conviction is set aside
-Common argument => “the exclusionary rule”

108
Q

habeas corpus (after appeals)

A

Judicial order requesting that a judge examines whether an individual is being properly detained in a jail, prison, or mental hospital (only 1% succeed)

109
Q

wrongful convictions

A

-Because victims or witnesses made mistakes in identifying alleged criminals from photographs & lineups
-Other wrongful convictions occur due to misconduct by police & prosecutors, or ineffective performance by defense attorneys
-DNA tech has helped exonerate people (as well as convict)

110
Q

four main goals of punishment

A

-Retribution
-Deterrence
-Incapacitation
-Rehabilitation

111
Q

retribution

A

Punishment inflicted on a person who has harmed others because they deserve to be penalized

112
Q

deterrence

A

Punishment of criminals is intended to be an example to the general public & to discourage the commission of offenses

113
Q

general deterrence

A

Presumes that members of general public, on observing the punishments of others, will conclude that the costs of crime outweigh the benefits

114
Q

specific deterrence

A

Punishment inflicted on criminals to discourage them from committing future crimes

115
Q

incapacitation

A

Deprives the offender of the ability to commit crimes against society by detaining them in prison

116
Q

rehabilitation

A

Goal of restoring a convicted offender to a constructive place in society through some form of training or therapy (widely accepted as a goal from the 40s to the 70s)

117
Q

five things about deterrence

A

-Certainty of being caught is a vastly more powerful deterrent than the punishment
-Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime (Mentioning specific deterrence)
-Police deter crime by increasing the perception that criminals will be caught & punished
-Increasing the severity of punishment does little to deter crime
-There is no proof that the death penalty deters criminals

118
Q

forms of criminal sanctions

A

-Incarceration
-Intermediate sanctions
-Probation
-Capital punishment/Death penalty

119
Q

indeterminate sentences (incarceration)

A

A period set by a judge specifies a minimum & a maximum time to be served in prison (sometime after minimum, eligible for parole)

120
Q

determinate sentences (incarceration)

A

A sentence that fixes the term of imprisonment at a specific period

121
Q

good-time policies

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

122
Q

earned time

A

Reduction of a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs & for work assignments such as disaster relief & conservation projects

123
Q

intermediate sanction

A

A variety of punishments are more restrictive than traditional probation, but less severe/costly than incarceration (ex: fines, home confinement, boot camp, etc.)

124
Q

probation

A

A sentence that the offender is allowed to serve under supervision in the community (have rules to follow during this time as well)

125
Q

shock probation

A

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

126
Q

arguments in FAVOR of the death penalty

A

-Deters criminals from violent acts
-Achieves justice by paying killers back for their horrible crimes (retribution)
-Prevents criminal from doing further harm
-Less expensive than holding murderers in prison for life

127
Q

arguments AGAINST the death penalty

A

-No evidence proves it is a deterrent
-It is wrong for the government to participate in the intentional killing of citizens
-Applied in a discriminatory fashion
-Innocent ppl have been sentenced to death
-Some methods are inhumane & cause painful, lingering death

128
Q

Furman v. Georgia (1972)

A

Death penalty (as it was) is cruel & unusual punishment

129
Q

Gregg v. Georgia (1976)

A

Judge & jury must consider mitigating & aggravating circumstances in deciding about the death penalty

130
Q

McCleskey v. Kemp (1987)

A

Death penalty isn’t allowed if there is any doubt about racial discrimination in a case

131
Q

Witherspoon v. IL (1968)

A

Potential jurors against the death penalty cannot be automatically excluded (unless have a strong opinion & can’t be neutral)

132
Q

Atkins v. Virginia (2002)

A

Execution of the mentally disabled is unconstitutional

133
Q

Roper v. Simmons (2005)

A

Execution of offenders who were minors at the time is unconstitutional

134
Q

Madison v. Alabama (2018)

A

8th amendment prohibits execution of prisoners who cannot rationally understand the reasons for their execution (psychosis, dementia, etc.)

135
Q

federal level capital punishment

A

-Congress & state legislature can prescribe the death penalty for crimes considered capital crimes
-The federal gov has also employed the death penalty for certain federal offenses
—Ex) Murder of a gov. official, kidnapping resulting in death, running a large-scale drug enterprise, treason
-The U.S. federal gov. has 41 capital offenses punishable by death
-Section 18 USC Chapter 228

136
Q

penitentiaries

A

-Invented in 1779
-Secure & sanitary buildings
-Inspection to ensure that offenders followed the rules
-Abolition of the fees charged to offenders for their food
-A reformatory program

137
Q

Pennsylvania system (1790)

A

-Each inmate was isolated from other inmates for all activities
-Solitary confinement would prevent further corruption inside prison
-In isolation, offenders would reflect on their transgressions & repent

138
Q

New York system (1819)

A

-Held in isolation at night, but worked with other prisoners in shops during the day
-Worked under rule of silence
-Forbidden from exchanging glances

139
Q

contract labor system

A

A system under which inmates’ labor was sold on a contractual basis to private employers who provided the machinery & raw materials with which inmates made salable products

140
Q

lease system

A

A system under which inmates were leased to contractors who provided prisoners with food & clothing in exchange for their labor

141
Q

reformatory system

A

-First reformatory in NY in 1876
-Interviewed each new inmate to create an individualized work & education treatment program
-Inmates followed a rigid work schedule during the day, followed by courses in academic, vocational, & moral subjects in the evening

142
Q

mark system

A

A point system in which prisoners can reduce their term of imprisonment & gain release by earning “marks,” through labor, good behavior, & educational achievement

143
Q

three principles of female prison reform:

A

-Separation of female prisoners from men
-Provision of care in keeping with the needs of women
-Management of women’s prisons by female staff

144
Q

rehabilitation (medical) model

A

A model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or education training or therapy

145
Q

community model

A

-Resulted from the 60s/70s, with the Civil Rights movement, war on poverty, & resistance to the Vietnam War
-Scholars began to advocate for a model of corrections based on the goal of reintegrating the offender into the community
-Programs were supposed to help offenders find jobs & remain connected to their families & the community
-Imprisonment was to be avoided, if possible, in favor of probation

146
Q

crime control model

A

Model of corrections based on the assumption that criminal behavior can be controlled by more incarceration & forms of strict supervision

147
Q

federal corrections

A

Federal Bureau of Prisons

Federal Probation & Parole Supervision

148
Q

state corrections

A

-May include prisons, reformatories, halfway houses, etc.
-<8% of inmates are women
-21% of men are under maximum security

149
Q

private prisons

A

-131,300 prisoners
-6% of state & 19% of federal
-States contract w/private companies
-Advocates tout cost-cutting without evidence of such

150
Q

jail

A

Local facilities for the detention of people awaiting trial or sentenced to misdemeanants

151
Q

fiscal problems with jails

A

-Help control crime
-Drain local resources & revenues
-Public often needs to understand the cost of jail operations
-Issues lead to overcrowding, lack of programs, & insufficient officers for jail supervision

152
Q

role of jails

A

-Detain those accused & awaiting trial
-Most correctional officers work under the direction of county sheriffs
-Many of the inmates are sentenced offenders under correctional authority

153
Q

Cooper v. Pate (1964)

A

Decided that the Bill of Rights applied to prisoners

154
Q

three models of incarceration goals:

A

-Custodial
-Rehabilitation
-Reintegration

155
Q

custodial model

A

Emphasizes security, discipline, & order in subordinating the prisoner to the warden’s authority (most max-security prisons today)

156
Q

rehabilitation model

A

Emphasizes treatment programs designs to reform the offender (treatment programs still exist, but few prisons conform to this model)

157
Q

reintegration model

A

-Emphasizes maintaining the offender’s ties to family & community
-Prisons following this model gradually give inmates greater freedom & responsibility during their confinement

158
Q

supermax prisons

A

-A stand-alone unit or part of another facility designed for violent or disruptive inmates
-Typically involves up to 23 hour/day, single-cell confinement for an indefinite period
-Inmates have minimal contact with staff & other inmates

159
Q

supermax locations

A

remote & distant from urban areas

160
Q

supermax visitation

A

-Minimal to no privileges
-Only no-contact visits
-Limited lawyer visits

161
Q

supermax regime

A

-Cells up to 23 hours/day
-Minimal or no contact w/other prisoners
-Minimal contact with staff

162
Q

supermax effect on prisoners

A

Often creates physical & psychological health problems

Ex) Weight loss, self-harm, suicide attempts, psychosis, delusions

163
Q

prison managers:

A

-Cannot select clients
-Have little to no control over the release of their clients
-Must deal with clients who are there against their will
-Must rely on clients to do most of the work in the daily operation of the institution (Work they are forced to do & are not paid for)
-Must depend on the maintenance of satisfactory relationships between clients
-Multiple goals & separate lines of command can often cause ambiguity & conflict in the administration of prisons

164
Q

deputy warden management roles

A

Budgets & accounts
Food service
Clothing & laundry
Buildings & grounds
Canteen
Purchasing

165
Q

deputy warden custody roles

A

Institutional security
Guard forces
Prisoner discipline
Investigations
Visiting

166
Q

deputy warden programs roles

A

Medical & dental services
Education
Recreation
Counseling
Classification
Religion

167
Q

deputy warden industry & agriculture roles

A

Industry
Farm

168
Q

order (prisons)

A

Absence of misconduct that threatens the safety of others

169
Q

amenities (prisons)

A

Anything that enhances the comfort of inmates

170
Q

service (prisons)

A

Programs designed to improve the lives of inmates

171
Q

inmate leadership

A

Trusted prisoners can help with communication

172
Q

correctional officers

A

Expected to counsel, supervise, & protect inmates

173
Q

COs can use force in these situations:

A

-Self-defense
-Defense of third persons
-Upholding prison rules
-Prevention of a crime
-Prevention of escape

174
Q

inmate code

A

-The values & norms of the prison social system define the inmates’ idea of the model prisoner
-Code also emphasizes the solidarity of all inmates against staff
-Offers some protection from victimization while in prison
-No single code exists in all prisons

175
Q

four role orientations for adapting to prison (male inmates):

A

-Doing time
-Gleaning
-Jailing
-Disorganized

176
Q

doing time (orientation)

A

View their prison term as a brief, inevitable break in their criminal careers, a cost of doing business (avoid trouble & live by inmate code)

177
Q

gleaning (orientation)

A

Try to take advantage of prison programs to better themselves & improve their prospects for success after release (use resources available)

178
Q

jailing (orientation)

A

Choice of those who cut themselves off from the outside & try to construct a life within the prison

179
Q

disorganized (orientation)

A

Describes inmates who cannot develop the other three directions

180
Q

prison economy

A

-Prisons have a commissary from which inmates may purchase restricted items in exchange for credits drawn on their “bank accounts”
—But not enough
-An informal, underground economy acts as a major element in prison society
—Economic transactions can lead to violence when goods are stolen, debts are not paid, or agreements are violated
—Prison gangs may play a role in the underground economy

181
Q

community corrections

A

Community corrections seek to keep offenders in the community by building ties to family, employment, & other normal sources of stability & success (probation & intermediate are components)

182
Q

intermediate sanctions

A

More restrictive than traditional probation, but less severe & less costly than incarceration

183
Q

arguments in FAVOR of community corrections

A

-Many offenders’ criminal records & current offenses are not serious enough to warrant incarceration (Usually applied to first-time criminals & misdemeanors)
-Cheaper than incarceration
-Rates of recidivism (returning to crime) for those under community supervision are no higher than those who go to prison
-Ex-inmates require both support & supervision as they try to remake their lives in the community

184
Q

two ways that probation ends:

A
  1. Completing the sentenced probation time
  2. Revocation due to a technical violation or committing a new crime (The requirements given by judge at the time of sentencing; Not necessary, but depends on what is violated/committed)
185
Q

low control intermediate sanctions (examples)

A

fines/restitutions, community service, drug/alcohol treatment, home confinement, intensive probation supervision

186
Q

fines

A

Sum of money paid to the state by a convicted offender (Usually for traffic violations & misdemeanors)

187
Q

restitution

A

repayment of offender to the victim (monetary restitution is rarely paid)

188
Q

forfeiture

A

Government seizure of property or assets used or gained in criminal activity (often seen as excessive)

189
Q

day reporting centers

A

Community correctional centers where offenders report every day for treatment, counseling, & education

190
Q

intensive supervision probation (ISP)

A

Strict reporting to a probation officer (who has a limited caseload)

191
Q

probation diversion ISP

A

For people too risky for routine supervision

192
Q

institutional diversion ISP

A

Low-risk individuals, usually sent to prison for some time & then on probation for community supervision

193
Q

boot camps

A

A short-term institutional sentence that is usually followed by probation

Generally targeted towards young offenders; Military style

194
Q

reentry

A

A limited period of supervision during which an inmate either moves to full liberty in the community or returns to prison for committing a new crime or violating the terms of parole (not just parole)

195
Q

four basic mechanisms for release:

A

-Expiration
-Mandatory
-Other conditional releases
-Discretionary (Parole)

196
Q

expiration release

A

Release from prison without further supervision after their sentence (time is “maxxed out”)

197
Q

mandatory release

A

Required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate sentence law or parole guidelines

198
Q

other conditional releases

A

-A term used in some states to avoid the rigidity of mandatory release by placing convicts in various community settings under supervision
-Also avoid the appearance of the politically sensitive label, “discretionary parole”

199
Q

discretionary release (parole)

A

The release of an inmate from prison to conditional supervision at the discretion of the parole board, within the boundaries set by the sentence & the penal law (77% will be released on parole)

200
Q

Three concepts of parole:

A

-Grace
-Contract
-Custody

201
Q

grace

A

Government is extending the privilege to be released

202
Q

contract

A

Government and inmate agree to conditions of the inmate’s release

203
Q

custody

A

Even though the inmate is released, they are still under governmental control

204
Q

When someone is eligible for parole, their sentence will be:

A

indeterminate; eligible at the minimum of the range, but can stay behind bars until the maximum is reached

205
Q

crimes where parole is typically not allowed

A

Murder, kidnapping, rape, arson, drug trafficking, etc. (very violent crimes)

206
Q

conditional release

A

Conduct restrictions that parolees must follow as a legally binding requirement of being released

207
Q

community programs for preparing for release:

A

-Work & education release
-Furlough
-Halfway houses

208
Q

work & education release

A

Daytime release of inmates from prison to attend work or school

209
Q

furlough

A

Temporary release of a person from prison for a brief visit home

210
Q

halfway houses

A

Correctional facilities housing people released from prison who spend their day at work & return at the end of the day (after work)

211
Q

parole board

A

-Members appointed for a fixed term bu the office of the governor
-Investigates inmates & presents a consideration to the governor
-Governor has final authority

212
Q

Gault (1967)

A

-15-year-old arrested for an alleged obscene phone call
-Had previously been on probation
-Police didn’t leave a notice with his parents at work
-Gault was sentenced to the State Industrial school until age 21

Supreme court decided that juveniles have the right to counsel, to confront & examine witnesses, & to be notified of charges against them

213
Q

Winship (1970)

A

-12-year-old arrested & charged for breaking into a locker & stealing $112
-Court decided his guilt, despite evidence not showing guilt beyond reasonable doubt

USSC ruled that the strict “reasonable doubt” standard must be applied to adults & juveniles

214
Q

waiver

A

A procedure in juvenile court to transfer a juvenile to an adult court

215
Q

key factors for deciding on waivers:

A

-Age of clients (upper limit is between 15-17)
-Categories of cases under juvenile jurisdiction

216
Q

case categories under juvenile jurisdiction

A

-Delinquency
-Status offenses
-Neglect
-Dependency

217
Q

delinquent

A

A child who commits an act that, if committed by an adult, would be a crime

218
Q

status offenses

A

Certain acts are illegal only if committed by a juvenile

Ex) Running away from home, underage use of alcohol

219
Q

Neglect/neglected child

A

Receiving inadequate care bc of some action or inaction of their parents/guardians (state’s goal is to act as a guardian & provide resources)

Ex) Not being send to school, not receiving medical care, living in injurious environments

220
Q

dependent child

A

A child who has no parent/guardian or whose parents/guardians cannot give proper care

Laws governing neglect & dependent children view children as victims of adult behavior

221
Q

In theory, the juvenile justice system should be a:

A

non-adversarial process (working together rather than competing sides)

222
Q

juvenile justice system process

A
  1. Police interface
  2. Intake screening at the court
  3. Pretrial procedures
  4. Transfer (waiver) to adult court
  5. Adjudication
  6. Disposition
223
Q

police interface

A

Police bring most complaints against juveniles, although an injured party, school officials, & parents can initiate as well

224
Q

police interface

A

Police bring most complaints against juveniles, although an injured party, school officials, & parents can initiate as well

Three major decisions:
-Whether to take the child into custody
-Whether to request the child to be detained following apprehension
-Whether to refer the child to court

225
Q

intake screening at the court

A

-Processing of delinquency cases begins with a referral as a petition (not an arrest warrant)
-When a petition is filed, an intake hearing is held (presided over by a hearing officer; similar to indictment)

226
Q

diversion

A

Screening juveniles out of the juvenile justice system without going to court

Ex) Charges dismissed, agreement to alternative sanctions

227
Q

pretrial procedures (juvenile)

A

When a decision is made to refer a case to the court, the court holds an initial hearing

Judge decides:
Whether to detain the individual until trial OR whether to release to a parent/guardian

228
Q

initial hearing (juvenile)

A

Juvenile is informed of their rights & they can enter a plea

229
Q

commonality between misdemeanor cases & juvenile cases

A

-Almost always a guilty decision
-Go through many filters before going to trial/seeing a judge

230
Q

adjudication

A

-Equivalent of the trial stage of the juvenile justice system
-If the child has not admitted to the charges & the case isn’t being waived to adult court, an adjudication hearing is held to determine the facts of the case
-Judge hears the facts of the case
-Juvenile is found delinquent or innocent
-Juvenile is afforded their due process rights
-Juvenile proceedings & court records have traditionally remained closed to the public to protect the child’s privacy & potential for rehabilitation

231
Q

disposition

A

If the court makes a finding of delinquency, the judge will schedule a dispositional hearing to decide what action should be taken

232
Q

predisposition report

A

like a presentence report (but for juveniles)

233
Q

four dispositions in the juvenile justice system:

A

-Probation
-Intermediate sanctions
-Custodial care
-Community treatment

234
Q

juvenile probation

A

-64% of cases
-Biggest difference from adult cases => Juvenile probation officers have smaller caseloads & are more dedicated to each juvenile

235
Q

juvenile intermediate sanctions

A

-9% of cases
-Judges have a wide discretion for a fine, warning, reparations, ect.

236
Q

juvenile custodial care

A

-28% of cases
-Public or private facilities

237
Q

non-secure juvenile institutions

A

Foster homes, group homes, camps, ranches

238
Q

secure juvenile institutions

A

Reform schools, training schools

239
Q

juvenile boot camps

A

Specialized residential facilities

240
Q

juvenile institutional programs

A

Counseling, education, and/or vocational training incorporated into the juvenile correctional program

241
Q

aftercare

A

Juvenile justice equivalent of parole

242
Q

juvenile community treatment

A

-More common
-Includes private & nonprofit agencies
-Community-based foster homes

243
Q

fourth amendment

A

Protects from unreasonable search & seizure, as well as warrants issued w/o probable cause

244
Q

fifth amendment

A

Guarantees due process of law & protects from self-incrimination

245
Q

self-incrimination

A

saying/admitting to things that would make you appear guilty of a crime

246
Q

Escobedo v. IL (1964)

A

Before interrogation, suspects must be advised of their right to remain silent & of their right to counsel

247
Q

Messiah v. U.S. (1964)

A

The sixth amendment prevents police from deliberately eliciting incriminating statements from a suspect after they have invoked the right to counsel

248
Q

Miranda rule (Miranda v. Arizona, 1966)

A

Once taken into custody as a criminal suspect, police must tell suspects:
-Right to remain silent
-Statements can be used against them
-Right to have counsel present
-If they cannot afford a lawyer, one will be provided to them

249
Q

NY v. Quarels

A

Public safety exception for evidence collected without giving miranda rights

250
Q

NY v. Quarels (1984)

A

Public safety exception for evidence => Police can collect incriminatory evidence if the public safety is in jeopardy

251
Q

consequences of Miranda

A

-Interviews should be audio or video recorded to prove suspect statements are voluntary
-If a court later decides that a suspect had Miranda’s rights violated, any statement made by the suspect cannot be used as evidence
-The Court extended Miranda’s to juveniles in 2011 (J.D.B. v. North Carolina)

252
Q

JDB v. North Carolina (2011)

A

Miranda’s rights apply to juveniles

253
Q

when is the Miranda warning NOT required?

A

When the suspect isn’t in custody & under interrogation

254
Q

Oregan v. Mathiason (1977)

A

-An officer suspected Mathiason of burglary & asked him to come to the station
-He spoke freely with the officer, and had not been arrested at the time
-Later, he was arrested & the court used evidence obtained from the prior questioning

=> Court allowed the evidence since Mathiason wasn’t in custody during that questioning

255
Q

Fraizer v. Cupp (1969)

A

-Roy Allen Frazier was convicted of second-degree murder & sentenced to 15 years-life in prison
-Advised of rights during preliminary questioning shortly after his arrest
-He was then falsely told that his partner (?) had confessed
-Asked for a better lawyer, but then was told he couldn’t get in any more trouble than he already was
-After this, he freely confessed &, after further warning, signed a written confession

=> Upheld the conviction & ruled that the admission of his confession didn’t violate the fifth or fourteenth amendment

256
Q

exclusionary rule (Miranda rights)

A

In 1914, the U.S. Supreme Court declared in Weeks v. United States that federal courts must exclude any evidence that was obtained through an improper search by federal law enforcement agents

The prosecution can continue, but the improperly obtained evidence may not be used

257
Q

Weeks v. U.S.

A

established the exclusionary rule for evidence obtained without Miranda’s rights being given

258
Q

cases for the exclusionary rule in the states

A

Wolf v. Colorado (1949) => Didn’t hold states to the exclusionary rule

Mapp v. Ohio (1961) => Applied the exclusionary rule to the states

259
Q

Exclusionary rule excceptions

A

Good faith

Inevitable discovery

260
Q

good faith exception

A

Officers acted with the honest belief that they were following proper rules

U.S. v. Leon

261
Q

inevitable discovery exception

A

Improperly obtained evidence can be used if it would inevitably have been discovered by the police

Nix v. Williams

262
Q

U.S. v. Leon (1984)

A

Officers acted with the honest belief that they were following the proper rules, but the judge issued the warrant improperly (good faith exception)

263
Q

Nix v. Williams (1984)

A

When the defendant had told where the victim’s body was, he didn’t receive his Miranda’s rights, but a police team was already searching the area & would have found the body anyway (inevitable discovery exception)

SOC 131: Criminal Justice (2 decks)

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