Final Test

Question 1

8th amendment

Answer 1

Prohibits fed government from imposing excessive bail, excessive fines and cruel or unusual punishment

Question 2

Due process model (Long)

Answer 2

• free is so important that every effort must be made to ensure crim just decisions are based on reliable info
• emphasis is on the adversarial process, the rights of the defendant and formal decision making
• obstacle course justice where successive stages are designed 2 present formidable impediments to carrying the accused any further along in the process
• protection if the innocent is as important (perhaps more) as convicting the guilty
• skeptical of the ability of human beings to objectively & accurately adjudicate visceral events like crime (e.g. skepticism of eyewitness testimony)
• stigma & deprivation of liberty are viewed as grave costs and thus the state must proceed judiciously
• governmental power is always subject to abuse
• based on doctrine of legal guilt and presumption of innocence
• liberal
• democratic
• civil libertarian mentality
• assumes societal conflict (Marxian) and this holds the preservation of individual (&now group) rights paramount

Question 3

Due process model (short)

Answer 3

Legal rights given to an individual that state in which person lives abides by. This right gives a person freedom to not be respected and not abused by the gov
Favors criminal rights

Question 4

Crime control model (short)

Answer 4

• Conservative.

- Focuses on protecting society from criminals by regulating criminal conduct and justice

Question 5

Crime control model

Answer 5

• assumes that freedom is so important that every effort must be made to repress crime
• failing to repress crime/criminals contributes to societal/moral breakdown & decay
• emphasis is on efficiency & finality in the apprehension, prosecution & disposal of criminals
• “cut-to-the-chase” mentality or “assembly line justice”
• plea bargaining is preferred 2 resource - intensive trials
• presumption of guilt: process of being arrested & charged is itself indicative of ones guilt ie innocent persons are not arrested
• assumes societal consensus (durkenheiman) & thus holds protection of public order paramount
• law and order mentality
• conservative
• republican

Question 6

House arrest and electronic monitoring

Answer 6

• used primarily for DUI and minor property offenders
• facilitates the goal of many sanctions, employed offenders
• costly for offenders

Question 7

Intensive supervised probation (ISP)

Answer 7

• more intense or “double secret” probation that are final opportunity for high risk offenders before prison
• characterized by high failure rates due to strictness of supervision, many are poorly designed last ditch efforts to avoid the move expensive but appropriate sanction prison
• better programs seek to replace criminogenic needs w pro social ones

Question 8

Probation

Answer 8

• decision making made at local level by judges
• more than 2000 probation agencies in US and national avg caseloads is 175:1
• for example Los Angeles county probation department has 900 line officers whom supervise 9000 adult and juvenile clients (the largest probation department in the world)
• 70% of these probationers are “automated” cases that receive no supervision services or personal contacts
• more over about 50% I️t 10000 persons on community supervision for violent index crimes are on automated status in LA county
• nearly 50% probationers fail to comply w the terms of their sentence but only 20% of those who fail to comply are incarcerated for I️t
• about 48% of probationers are misdemeanants thus little is known about their recidivism

Question 9

Deferred prosecution, sentence, judgement

Answer 9

• if deferred sentence is revoked, deferred sentence is simply converted to probation but remains largely unchanged
• guilty plea, term of compliance (6-18 months) if successfully completed conviction is expunged from record and client can honestly report that they have never been convicted of crime
• if violated, additional time added often without penalty

Question 10

Fines

Answer 10

• almost always used as supplemental penalty for some other intermediate sanction
• great opportunity to subsidize justice system when clients have financial resources
• within criminal justice, fines are rarely paid and the system is largely expectant of non payment

Question 11

Boot camps

Answer 11

Self evident popularity but high failure rates

Enhanced offender self esteem has been found which can enable pro social development (albeit I️t is short lived)

Question 12

Parole

Answer 12

• decision making made by a legally designated patrolling authority that is a member of the executive branch of the state
• only 50 state parole agencies thus I️t is removed from the courts (& the judicial branch)
• National avg caseload 70%
• within 3 years about 70% of parolees are re arrested 25% for violent crimes 47% are returned to prison or jail
• risk of recidivism is highest in 1st ur after sentencing or release on parole

Question 13

Retribution

Answer 13

Act of vengeance towards criminal as revenge for his wrong doing (lex talionis)

Question 14

Just deserts

Answer 14

Punishment is deserved and appropriate based on the seriousness and heiness if the crime

Question 15

Incapitation

Answer 15

Removing offenders from society to preclude their ability to commit crime against society; modern connotation is warehousing in prison

Question 16

Deterrence

Answer 16

Punishment to send a rational message to future criminals to not offend

Question 17

Specific deterrence

Answer 17

I️t you commit a crime punishment will be applied on individual so they don’t commit again

Question 18

General deterrence

Answer 18

Instilling fear of punishment to general public

Question 19

Rehabilitation

Answer 19

Seeks to restore offender to conventionality by treating her criminality

Question 20

Restoration

Answer 20

Servicing the needs of the victims of crime by building a coalition between offender, victim, and community

Question 21

Reintegrative shaming

Answer 21

Condemning the criminal act not the criminal and making efforts to incorporate offenders into the community

Question 22

Disintegrative shaming

Answer 22

Sex offender syndrome

Question 23

Furman vs Georgia

Answer 23

The United States Supreme Court overturned Furman’s execution. The court in Furman v. Georgia stated that unless a uniform policy of determining who is eligible for capital punishment exists, the death penalty will be regarded as “cruel and unusual punishment.”

Question 24

Gregg vs Georgia

Answer 24

A jury found Gregg guilty of armed robbery and murder and sentenced him to death. On appeal, the Georgia Supreme Court affirmed the death sentence except as to its imposition for the robbery conviction. Gregg challenged his remaining death sentence for murder, claiming that his capital sentence was a “cruel and unusual” punishment that violated the Eighth and Fourteenth Amendments.

Question 25

Coker vs Georgia

Answer 25

Coker v. Georgia, 433 U.S. 584, held that the death penalty for rape of an adult woman was grossly disproportionate and excessive punishment, and therefore unconstitutional under the Eighth Amendment to the United States Constitution

Question 26

Indeterminate

Answer 26

An indeterminate sentence is a sentence imposed for a crime that isn’t given a definite duration. The prison term does not state a specific period of time or release date, but just a range of time, such as “five-to-ten years.”

Question 27

Determinate

Answer 27

A jail or prison sentence that is definite and not subject to review by a parole board or other agency. For example, a sentence of six months in the county jail is determinate, because the prisoner will spend no more than six months (minus time off for good behavior, in some situations).