Test 2 Flashcards
questioning jurors and testing for bias
voir dire process
min % max time
intermediate sentence
6th amendment
jury trial, right to council, attorney (rights of the accused)
5th amendment
grand jury (due process), double jeopardy, self-incrimination
opening statementL
inditement
information
what the defendant pleads
character witness
testifies on good character
how a trial works
opening statements
prosecution evidence
defense evidence
rebuttal witness
closing arguments
instructions to jury
jury decision
enlightenment (1685-1815)
don’t beat people!
jury decision
deliberation
can sequestered
verdict
Elmira reformatory
the first reformatory
mark system: points to reduce sentences
Cincinatti 1870
reform
intermediate sentences
getting proof of reformation
plain view doctrine
can examine evidence without a warrant when it is in plain sight
sentencing guidelines
offense seriousness
base offense level
specific offense characteristics
adjustments
criminal history
defense
represents the accused
hired or assigned
duties:
represents clients
protects clients’ rights
police stop
temporary detention of a person for questioning or investigation based on reasonable suspicion
exigent circumstances exception
an arrest, search, or seizure can be made without a warrant when there is an immediate threat to public safety
contract system
selling prisoners to private companies
new york system
felony cases afforded bail
60%
forms of punishment
incarceration
intermediate sanctions
probation
capital punishment
voir dire process
questioning jurors and testing for bias
sequestered jury
a jury which is kept in a private location for part or the entirety of a trial
questions in restorative justice
what was the harm?
what can be done to repair it?
lease system
leasing work in exchange for food and clothing
south
corrections over time
1930-1970
rehabilitation model/medical model
1970s
community model
1980-present
crime control model
capital punishment
death
for capital offenses
varies per state
average time on death row: 9 yrs
each inmate is 1.2 mil more expense
instructions to jury
given by judge spoken to jury
tells them about laws, rules, etc.
minimum security
non-violent, first-time offenders
dorm/camp style
bail
a sum of money decided by the judge an accused person pays to be released before their trial
New York system
auburn correctional facility - 1819
congregate system:
work during the day
contract system:
selling prisoners to private companies
sentencing process
takes place after defendant is found guilty
judge examines sentencing guidelines and
judge examines pre-sentence report
judge considers statements from trial
demonstrative evidence
relevant evidence
determinant sentence
firm sentence
restitution
repairing the harm done
better for offender and victim
(restorative justice)
dual court system
federal and court states
next penitentiary
eastern state penitentiary
1829-1970
overcrowding ends confinement
public safety exception
police can forgo Miranda rights if doing so would threaten public safety
consecutive sentence
one after another
1980-present
crime control model
“get tough on crime”
war on drugs
high security
most violent offenders
cells, fences, armed guards, towers/patrols
first penitentiary
Pennsylvania
walnut street prison
1790-1838
separate rooms, silent
intermediate sanctions
probation, fines, house arrest, and electronic monitoring
pre 1800s punishment
all physical
challenging for cause
attorneys can challenge the bias of jurors (unlimited)
deterrence (type/goal of punishment)
punishment to discourage crime
general deterrence:
prevent crime in general public
specific deterrence:
stop recidivism
adversarial process
at tourneys for both sides who produce and argue against evidence to find the truth
incapacitation
removing offender form society to prevent future crime
selective incapacitation:
incarcerating high-risk offenders to prevent future crime
congregate system
prisoners work during the day
three roles of judges
adjudicator - decisions
negotiator - behind the scenes work
administrator - manage courthouse
preemptory challenge
excusing jurors without an excuse/reason (limited #)
problem solving courts
focus on a specific offense or type of person committing a crime
Goals:
case management
therapeutic jurisprudence
concurrent sentence
serving sentences at the same time
southern prison systems
lease system:
work exchanged for food and clothing
worked prisoners to death
stopped with anti-contract law in 1877
shock probation
some of sentence served in jail, some on probation
automobile exception
police do not need a warrant for a vehicle if there is probable cause that it may contain evidence, drugs, or stolen property
lay witness
eyewitness - saw crime
% of people on bond who reoffend
10%
seizure
police removal of property following unlawful activity
stop and frisk
officers may lawfully pat down the clothing of someone when they have reasonable suspicion that a person is involved in criminal activity
sentencing guidelines (adjustments)
court adjustments
against an elderly person or child
multiple counts
taking responsibility for
real evidence
physical evidence
trial courts of limited jurisdiction
(STATE)
municipal, magistrate, justice of the peace courts
minor criminal cases, small claims, and misdemeanors
reasonable suspicion
an office must have objectively justifiable suspicion a crime has been occurred before searching
prosecutor
represent gov in criminal case
duties:
work with law enforcement
determine charges
prosecute
work with witnesses and victims
jails
facilities for those awaiting trail, transfer, or those sentenced for less than a year
trial courts of general jurisdiction
(STATE)
district, superior, and circuit courts
felony criminal cases, major civil cases, family law cases
private prisons
non-government run facilities
run by a 3rd party contracted by the government
created in the 80s
“for profit prisons”
3 billion $ industry
hot pursuit
police can enter without a warrant during a chase
Alford pleas
plea deal while maintaining innocence
types of witness
lay witness:
saw crime
expert witness:
special knowledge
character witness:
testifies on good character
probation
an offender serves their time in the community
how many people cannot afford bail
60%
good time and gain time
good time:
time off for good behavior
gain time:
working for freedom
tactics of defense evidence
contrary evidence
alibi
defense (duress, insanity, self-defense)
low security
non-violent
dorm style, fenced
expert witness
special knowledge
mandatory sentence
the law determines the sentence
pretrial detention
holding someone in jail or detention before their trial
administrative prisons
for those unsuited for other facilities
medical institutions, escapees, ADMAX, and supermax
__% of people in jails are people awaiting trial
70%
Philadelphia society for alleviating the miseries of public prisons - 1787
gotta reform the awful prisons
trial courts of general jurisdiction
(FEDERAL)
US district courts
major federal and civil cases
medium security
violent/sex offenses
cells, fences, armed guards
fruit of the poisonous tree doctrine
evidence obtained in violation of the constitution is inadmissible in court
(exclusionary rule)
types/goals of punishment
retribution:
punishment matches crime
deterrence:
punishment to discourage offending
incapacitation:
removing offender from society to prevent future crime
rehabilitation:
providing treatment to help offender reintegrate into society
types of evidence
real evidence:
physical
demonstrative evidence:
relevant evidence
testimony:
oral evidence from a crime
plea bargain
agreement between prosecutor and defendant to resolve a criminal case without trial
waiving rights to jury, trial, and self-incrimination
truth in sentencing
must serve 85% of sentence
release on recognizance
Defendents promise to appear in court
circumstantial evidence
things one can infer about
(showing a map or something)
direct evidence
eyewitness account
intermediate sentence
min & max timee
appellate courts
state:
intermediate appellate courts
state supreme courts
federal:
us circuit court of appeals
SCOTUS
cooper v plate (1964)
the bill of rights applies to prisoners
federal corrections system
minimum security
low security
medium security
high security
administrative
number of jurors
criminal: 12
civil: 6
reform institutions
Cincinnati - 1870
Elmira reformatory
the women’s prison association
Indian women’s prison, 1873
state corrections
community corrections
state prison system
women’s state prisons
trial courts of limited jurisdiction
(FEDERAL)
US magistrate
preliminary matters and minor federal offenses
which side goes first?
PROSECUTION
