Test 3 Flashcards
Sentencing
When the court identifies the punishment being imposed on the offender.
The goals of sentences
Retribution, rehabilitation, inception, deterrence, restorative justice.
Correction system
Suggests rehabilitation.
Punishment system
Suggests retribution.
Parole
The continuation of a prison sentence out of prison in the community under strict limitations and controls.
Probation
The release of an offender from detention, subject to a period of good behavior under supervision.
Adversary system
Two sides put forward their best cases. Civil and Criminal cases are based on this.
Civil trials
The plaintiff sues for damages.
Criminal trials
The prosecutor, the lawyer for the government, brings charges against the defendant.
Opening statement
Tells jurors something about the case they will be hearing.
Closing argument
Summary of the evidence.
Verdict
A decision on a disputed issue in a civil or criminal case, do not have to be unanimous.
Hung jury
The jury cannot reach a verdict, and a mistrial is declared.
Peremptory challenges
Striking a certain number of jurors without giving a reason.
Restorative justice
A response to criminal behavior that focuses on bringing together victims, offenders, and the community to restore harmony and resolve issues arising from a crime. It emphasizes restitution, accountability, and learning experiences for offenders.
Mediation
The process of facilitating communication and negotiation between the offender, victims, their families, and the community. It aims to promote understanding, empathy, and resolution.
Rehabilitation
A justice approach that focuses on addressing an offender’s needs for treatment, therapy, and personal reform to reduce the likelihood of reoffending.
Retribution
A justice perspective that emphasizes punishment as a means of holding offenders accountable for their crimes. It is centered around the idea of restoring societal balance through penalties and consequences.
Recidivism
The tendency or likelihood of an offender to engage in repeated criminal behavior after previous convictions or interventions.
The Stubborn Child Law
Enacted by puritans which made child disobedience a capital offense, allowing a death penalty option.
When was the first juvenile court opened?
1825
When did the Supreme Court ruled that juveniles were entitled to their due process?
1967
Juvenile offender act
Made it possible to try kids as young as 13 as adults for murder charges and as young as 14 for other violent crimes.
Gault case
Made a prank phone call at 15 and was arrested and held overnight without his parents knowing. Resulted in the supreme court ruling
Kalief Browder
Spent 3 years on Rikers Island for refusing a plea deal.
School to Prison Pipeline
How American kids get pushed out of public school and into the juvenile criminal justice system.
Why school to prison?
Harsh school policies and practices and an increased role of law enforcement in schools have combined to create a “schoolhouse-to-prison pipeline,” in which out-of-school suspensions, expulsions, and school-based arrests are increasingly used to deal with student misbehavior, especially for minor incidents, and huge numbers of children and youth are pushed out of school and into the juvenile and criminal justice systems.
Alexander Paterson
Asserted that people should come to prison as punishment, not for punishment. This viewpoint suggests that prison should not leave people worse off from when they entered prison and prison should not be punishing.
Net widening
Good intentions to decrease sentence severity just lead to more people under criminal justice system control.
