Quiz 2 Flashcards
For a leesser charge
95% take guilty plea deal
When plea deal is taken States attorney prosecution
- saves the
time and expense of a lengthy trial.
*uncertainty of
going to trial.
- The court system is saved the burden of
conducting a trial on every crime charged.
The Standard Argument:
Pleading guilty instead of going to trial reduces
uncertainty as to the outcome of a trial
The Downside of Plea Bargaining:
It can extract guilty pleas from innocent people who plead guilty to charges they did not commit or because
they don’t want the risk of going to trial
How many Americans are on probation for their crimes?
about 5 million
SHould we detain or release defendants on pree-trial supervision
Some cases it’s necessary
BUT
most of the time it leads to job loss, weakened family bonds,
increased likelihood to be
convicted and sent to jail/prison
How many incarcerated are on pre-trial supervision
2/3
Electronic Monitoring History
- developed in the
1960’s and
incorporated in
alternative
sentencing in
the 1980’s - Has been used
to supervise
defendants
awaiting trial for
20 years
E-carceration
the use of surveillance technology to deprive people
of their liberty.
E-carceration is..
- Not an alternative to incarceration- restricts movement, limited ability to work, care for family, curfew
- highly restrictive condition and that its imposition is only appropriate to address
a specifically identified flight risk or danger to the public. - NOT as effective as court reminders, transportation assistance and childcare for
defendants who need to go to court - EM neither increased court appearances nor reduced new arrests
- Immigration and pretrial are the biggest areas of growth
at home
People on monitors are almost always required to remain in their home-attending religious service
school, even visiting a doctor require preapproval
Financial security
Monitoring fees can range from $2800-$5000/year
sets people up to fail
Charging Requirements
Parole
can be defined as the early release of an
offender from a secure facility upon completion of a
certain portion of their sentence
Parole eligible
eligible for
parole according to the type of sentence
received from the court
- Unless a minimum time is specified; life sentence will be eligible after serving 10
years.
Maryland Parole System
restructured in 1976 and the
Maryland Parole Commission (MPC) was created.
Commissioners of MPC serve 6-year terms
Have decision making authority for those sentences to longer
than 6 months
Eligibility for Parole is based on:
1. Offense type
2. Conduct in prison
3. Program participation in prison
¼ of their sentence for non-violent offense
½ of their sentence for a violent offense or if a life sentence, must have
served 20 years allowing for diminution credit to kick in
Incarcerating 1 person in Maryland cost about
37000 in tax payer money
Parole in Maryland costs
approx. $1800 of taxpayer funding
Release on Parole
Suitable release for parole considerations
(a) The circumstances surrounding the crime;
(b) The physical, mental, and moral qualifications of
persons who become eligible for parole;
(c) Whether there is reasonable probability that the prisoner, if released on parole, will remain at liberty
without violating the laws;
(d) Whether the release of the prisoner on parole is
compatible with the welfare of society.
Mandatory Supervision Release
- An inmate is automatically released after a period
of incarceration (usually ¾ of their sentence) to finish their sentence in the community.
(An inmate convicted of a violent crime committed on or after October 1, 2009, is not eligible)
[38
states use these]
a “behavioral incentive” and a way to reduce overcrowding in prisons
Inmates who may not receive such credits:
those who are serving a sentence for first- or second-degree rape or sexual offense against a victim
under age 16
an inmate who is serving a repeat sentence for a third-degree sexual offense against a victim under age
16
an inmate imprisoned for a lifetime sexual offender supervision violation
an inmate whose mandatory supervision release has been revoked
Diminution Credits-
inmates sentenced to prison in Maryland are entitled to earndiminution of confinement credits that reduce the length of incarceration.
- way to reduce overcrwding in prisons
Inmates who may not receive such credits:
those who are serving a sentence for first- or second-degree rape or sexual offense against a victim
under age 16
an inmate who is serving a repeat sentence for a third-degree sexual offense against a victim under age
16
an inmate imprisoned for a lifetime sexual offender supervision violation
an inmate whose mandatory supervision release has been revoked
