Vocab Flashcards
compassionate release
medical parole allow release of people who are terminal (6months or less) to die at home with their families
incarcerated people HIV/aids
- higher in women
- 1.5% in male
- 1.9% in women
PREA
mandates that transgender people who are incarcerated and gives serious consideration on where the prisoner feels the safest
Women in prison
- 7% of the incarcerated prison population are women
- 43 prisons in Florida, 4 are for women
- 65% of incarcerated women are mothers
aging prisoner
A prisoner who is of age 50 or over
How many prisoners return home?
- 95% of people in prison will return home/community
- 750,000 release per year
thinking errors
- Ways that people use to avoid taking responsibility for their own behavior, or ways to make themselves look good by making others look bad.
- Blaming, anger, pride, minimizing
Discretionary parole
- Conditional early release from imprisonment at the discretion of a state paroling authority and continued supervision in the community.
supervised mandatory release
- When an inmate is automatically released by law to the community when he or she has completed his or her maximum prison sentence less any good time credit the inmate has received.
parole board
- Group of citizens, typically appointed by the state governor, who meet periodically to review the files of those prisoners eligible for parole.
parole agreement/order
- Document that the parolee signs at the first meeting with the parole officer where he or she agrees to abide by certain conditions while on parole.
1 opinion convicted offenders - rights-are-retained position
- argues that prisoners keep all the rights of an ordinary citizen, except those that are expressly or by necessity taken away from them by law.
1 opinion convicted offenders- rights-are-lost position
- says that prisoners are wholly without rights except those expressly conferred by law or necessity.
Writ of habeas corpus
- appeal conviction and ask court to review evidence because constitutional rights were violated
14th amendment
due process clause, Equal protection clause
ex post facto law
- A law imposing a greater punishment for a crime than was allowed when the crime was committed.
Section 1983 Claim
civil rights have been violated.
Fourth amendment
- Search and seizure
Prison Litigation Reform Act (PLRA) requirement made it….
harder for prisoners to file law suits
civil disenfranchisement
- The loss of the right to vote due, for example, to a felony conviction
Bifurcated trial
first part guilty/not guilty
guided discretion
statutes require juries to administer capital punishment after considering both aggravating and mitigating circumstances.
Marshal hypothesis
More people learn about the death penalty public support will decline
furman decision
Child Savers 1800s-1990s
first juvenile court in Chicago
Care function- juveniles who were neglected, abandoned
Control function- engaging in delinquent behavior
In re Gault
gave juveniles the right to attorney and parents, cross examine witnesses, and refuse to self incriminate
In re Winship 1970
- Standard of proof in juvenile cases must be “beyond a reasonable doubt”
- Prior preponderance of the evidence 51%
Transfer to adult court
- Judicial waiver-
- Direct file
- Statutory exclusion
parens patriae
- State is seen as the guardian of minors and they cannot take cares of themselves
status offense
- Misbehavior that is considered wrong only because society does not consider the juvenile old enough for such activity.
- noncriminal
judicial waiver
- Juvenile court judge transfers it to criminal court.
direct file
Prosecutor decides to try a juvenile as an adult.
Missouri Model
- A model for juvenile institutions that emphasizes rehabilitation in small groups, constant therapeutic interventions, and minimal force.
Implications
- Money on less than 5 years in incarceration is a waste
- Better policy- prison for 5 years or more
- More probation
- Community based programs
Conditional release
release from prison but meet requirements set by parole
