Sophmore Law Final Flashcards

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1
Q

What was the purpose of the three strikes you’re out laws?

A

It increases the prison sentence significantly for people convicted of a felony, who have previously convicted two or more violent crimes or serious felonies, and limits the ability of these offenders to receive a punishment other than life. The point was to try and make communities safer by removing those who clearly would reoffend.

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2
Q

Corporal punishment refers specifically to what

A

The death penalty, but prior to 1800 flogging, branding, and mainming. Basically any bodily harm.

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3
Q

Who initiated the American Prison System?

A

William Penn

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4
Q

What was America’s first penitentiary?
America’s first penitentiary was the

A

Walnut Street Jail in 1790, and then Eastern State Penitentiary in 1829 as part of the Pennsylvania system

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5
Q

Who were the Quakers?

A

The Quakers were part of the Philadelphia Society for Alleviating the Miseries of Public Prisons, which was formed in 1787. They argued that criminals could be best reformed if they were placed in penitentiaries and isolated from one another and from society to consider their crimes, repent, and reform.

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6
Q

Who is Zebulon Brockway?

A

He was an American reformist who, relying on the ideas of Maconochie and Crofton, began to experiment with the concept of parole. After New York adopted indeterminate sentences in 1876, Brockway started to release prisoners on parole. He also started the first reformatory movement in 1876, same year as parole, believing in diagnosis and treatment as keys to rehabilitation. Introduced the mark system

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7
Q

During the nineteenth century why were federal prisoners housed in state institutions?

A

There were so few federal prisoners that separate facilities were not considered necessary.

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8
Q

Alcatraz

A

Developed in the mid 19th century, 1934, Alcatraz was the most repressive maximum-security prison in the nation. It housed the most dangerous public enemies like Al Capone, criminals with a history of escapes and violence, and those who refused to conform to rules and regulations.

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9
Q

Know the difference between prisons and jails

A

Jail- An institution authorized to hold pretrial detainees and sentenced misdemeanant for periods longer than 48 hours. Most jails are administered by the county government; in six jurisdictions, they are administered by the state government. They house misdemeanor offenders, anyone with a sentence of less than 1 year, and anyone awaiting trial.
Prison- An institution for the incarceration of people convicted of serious crimes, usually felonies. They are housed on sentences of more than one year.

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10
Q

Who populates the American jails?

A

Offenders with histories of drug problems. Jails are typically made of poorly educated, some high school educated, low income, males, with the majority being white, closely followed by blacks, and likely have some mental health issues. Likely awaiting trial.

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11
Q

Know jails purpose

A

Facilities of local authority used for temporary detention
Jails purpose is to hold those awaiting trial and those who are sentenced to misdemeanor offenses, holding facilities for those who need to be transferred to a higher level facility, state or federal, and holding inmates when prisons have no room for them.

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12
Q

A modern day form of punishment akin to the scarlet letter is the adoption by a majority of states of an internet based registry of convicted?

A

Sex offenders

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13
Q

Low, medium, high, max security prisons Know the difference between them.

A

Minimum-the least secure institution, houses white collar and nonviolent offenders, maintains few security measures, and has liberal furlough and visitation policies. Low staff to inmate ratio, opening sleeping and bathrooms, participation in rehab programs
Low-focus on work and rehabilitation moderate staff to inmate ratio
Medium-Less secure institutions, but more secure than minimum, houses nonviolent offenders and provides more opportunities for contact with the outside world, but security measures are in place. Medium staff to inmate ratio, work assignment allowed out of cell for long period, double fence, electronic detection headcounts
Maximum- Houses dangerous felons, maintains strict security measures, high walls, and limited contact with the outside world. High fences/ walls/ armed guard, communication on radio, death row facilities are here
Super-max-newest form, uses high-level security measures to incapacitate the nations most dangerous criminals, lockdown 23 hours a day. Too dangerous to be in max,can’t function properly in max.

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14
Q

What do you call the process through which educational, vocational, treatment, and custodial needs of the offender are?

A

Classification is the process where all of these things for the offender are determined.

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15
Q

The earliest forms of inmate classification include separating what?

A

Gender, age, youths from adults, first offenders from repeat offenders

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16
Q

Which of the following are typically used as the primary rehabilitative tools a correctional institution has to offer?

A

Academic education and vocational training programs

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17
Q

What are the major reasons that antiquated prisons continue to remain in use?

A

In most cases it is too expensive to build brand new prisons to house offenders, so they use the old ones to try and keep inmates spread out during overcrowding and times of budget cuts.

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18
Q

What are the primary tasks of prisons?

A

The primary purpose of prisons keeping (custody), using (work), and serving (treatment) inmates. Prisons are made to show these goals and confine the offender fairly and justly as a punishment where the length matches the seriousness of the crime they committed.

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19
Q

Most prison inmates in the United States are, based on race?

A

African American, then Hispanic

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20
Q

The highest risk groups for AIDS in the United States?

A

Gay and Bisexual men

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21
Q

Who is at the top of the administrative hierarchy of any department of corrections?

A

The warden or commissioner of corrections

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22
Q

What is the job of the warden?

A

Their job is to manage the prison, they manage schedules for guards, support staff, and offenders, manage policy changes and updates, and allocate the budget and resources.

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23
Q

How long does cocaine stay in a person’s urine?

A

On average 2-4 days, or 48-96 hours, some people say up to 3 days or 72 hours.

24
Q

What was the riot in New York’s Attica Prison a result of?

A

The riot was a result of daily degradation and humiliation. Prisoners sought better conditions and political rights, and started after the arrest and killing of George Jackson, a Black Panthers leader in California and a fight between inmates.

25
Q

The writ of habeas corpus was limited to contesting what?

A

This was limited to the legality of confinement. There is a 1 year limit

26
Q

What does Habeas Corpus mean and what is the latin term for it?

A

Habeas Corpus, “you have the body” or “bring me the body,” is a writ of judicial order requesting the release of a person being detained in jail, prison, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released and granted a new trial.

27
Q

Know the definition of jailhouse lawyers

A

Jailhouse lawyers are inmates who assist other inmates in the preparation of legal documents as they are trained in law or educated otherwise. They can also be inmates who are representing themselves and use the resources available to them to help prepare a case, and they then pass what they know on to help others.

28
Q

What is the most accurate regarding religious freedoms in prison?

A

Infringements on religious freedom in prison began with the rise of minority religions and the demands of their members to have the same rights as those of conventional faiths.

29
Q

Definition of religious freedom in prisons

A

Prisoners are entitled to religious freedoms, however they can be restricted if they pose security problems or administrative difficulties. However, they must show “compelling justification” and not a mere reason for denying religious practices, as the Religious Land Use and Institutionalized Persons Act-protects for state prisoners and gives them more rights- and the religious Freedom Restoration Act that applies the same principles of federal prisons that it protects all Americans against certain actions by federal officials that might limit their religious freedom, as the government must take the least restrictive means of burdening it to further government interest.

30
Q

Know the case of Wolff vs McDonnell?

A

Basic elements of procedural due process must be present when decisions are made about the discipling of an inmate for a serious rule violation.
The Supreme Court held that while prisoners are not entitled to full due process protections, disciplinary proceedings must include written notice to the defendant of the charges, a written statement of evidence, and the opportunity for an inmate to call witnesses and present evidence.

31
Q

Know the eighth amendment

A

The eighth amendment is no cruel and unusual punishment inflicted, and no excessive bails or fines imposed.

32
Q

What was estimated to be the most savage prison riot in US history during the 1980s?

A

New Mexico State Penitentiary

33
Q

Is rehabilitative treatment a constitutional right?

A

No

34
Q

What is meant by a lock-down?

A

A disciplinary action taken by prison officials where all inmates are ordered into their cells and nonessential prison activities, exercise, work, recreation, and visits, are suspended.
Lock down is used in supermax facilities, where the offender is kept in their cell for 23 hours a day, denied exercise, work, recreation, and visits.

35
Q

What are community based corrections?

A

Activities and programs of a rehabilitative nature that have effective ties with the local government.
Community corrections is a model based on the goal of reintegrating the offender into the community. It helps them find jobs, psychological treatment, and remain connected to their families. Examples of both include probation, parole, indeterminate sentences, to keep the offender in prison for as little time as possible if at all before they are released to get an education or vocational training

36
Q

Who is the father of probation?

A

John Augustus, a Boston bootmaker who was given custody over a convicted offender for a brief period to rehabilitate him

37
Q

What is probation?

A

Probation is the conditional release of the offender into the community, under the supervision of correctional officials. It is a sentence that the offender will serve in the community, with specific conditions to follow.

38
Q

Probationers are supervised by who?

A

Probationers are supervised by a probation officer, who has a cop and social worker role. Or the courts

39
Q

What does a sentence of conditional discharge involve?

A

The offender is found guilty and released upon the condition that they will comply with the conditions of a probation order for 1-3 years/ If the offender fails, they will be returned to court and sentenced on the original charge. It remains on the offender’s criminal record for three years after the completion of the probation order. It must not be contrary to the public interest. Ex.
The release of an offender with the condition that restitution or reparations are being made.

40
Q

What are some of the conditions of probation?

A

They have to take drug tests, obey curfews, and stay away from certain people. They may also have to pay a fine/restitution, do community service.

41
Q

What are some of the improper conditions of probation that were ruled by the courts?

A

Police officers can’t search a probationers home without a warrant

42
Q

What is the most widely endorsed condition of probation?

A

Restitution

43
Q

What are some of the technical violations of probation?

A

Failing a drug test, violating curfew, using alcohol, going places you shouldn’t, or violating any other condition of probation like not paying fines or doing community service.

44
Q

Who is the only authority to revoke probation?

A

The judge has the right to revoke probation.

45
Q

Who initiates the violation proceedings for probation?

A

The probation officer will start the proceedings by bringing the violation or new crime to the attention of the court. The court will then have a preliminary hearing and then a final hearing for the offender.

46
Q

Where does the word parole come from?

A

The word comes from a French word that means ‘Word of Honor

47
Q

What is meant by a parolee’s date of delinquency?

A

It is the earliest date that a violation of release is alleged to have occurred, it disrupts the sentence.

48
Q

What is a furlough?

A

A furlough is a temporary release from incarceration for a brief period of time, 1-3 days, to visit family. This helps them maintain connections and get used to the outside.

49
Q

Know the difference between parole and probation

A

Parole is the conditional release of an inmate from incarceration under supervision after a part of the prison sentence has been served. Probation is when an offender is a sentence that the offender is allowed to serve under supervision in the community, or when an offender was held in incarceration and is resentenced/sentenced to probation.

50
Q

What is shock probation?

A

A sentence in which the offender is released after a short incarceration and resentenced to probation.
Probation release is often tied to shock incarceration, first-time offenders are sentenced to a short period in jail (the shock) and then allowed to reenter the community under supervision.

51
Q

Which is not one of the three major trends that have occurred in parole over time

A

Indeterminate sentencing is not more common, parole is made more on mandatory sentencing

They are moving more towards determinate sentencing, 30% of inmates released on parole are for drug offenses, there are more offenders, 3x increase, on parole.
Decision away from discretionary to mandatory,
Are decisions more mandatory of indeterminate

52
Q

How do you measure the effectiveness of parole?

A

Recidivism rates provide a consistent measure of the effectiveness of parole.

53
Q

Federal and state reports on temporary release programs have concluded that they are effective or not, abolished or not?

A

Effective

54
Q

Evaluation of intensive probation supervision programs, what results were found?

A

All evaluations find that, probably because of the closer contact with clients, probation officers uncover more violations of rules than they do in regular probation. Analysis of ISP recidivism rates after it, indicates that clients in these programs are not arrested any more frequently than those on regular probation, but are likely to run away due to higher surveillance. Many offenders would choose prison over ISP.

55
Q

Know what dead time is

A

Dead time is time spent institutionalized by a defendant that doesn’t count as credit toward the defendant’s sentence.

56
Q

Which group of criminals does best on parole?

A

Criminals that do best on parole are those who have managed to work through programs to better their chances, and have managed to maintain family connections to help support them. Also those who already have connections with employers before getting arrested and as they work through programs before release

57
Q

What is the most effective measure for reducing recidivism, what type of program?

A

EMPLOYMENT
Treatment oriented intensive supervision programs in the community, community based treatments