Vocab Words Flashcards
aftercare
juvenile justice equivalent of parole, in which a delinquent is released from a custodial sentence and supervised in the community
appeal
a request to a higher court that is review actions taken in a trial court
Atkins v. Virginia (2002)
execution of the mentally retarded is unconstitutional
bench trials
trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates
boot camp
a short-term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority
= shock incarceration
Breed v Jones (1975)
juveniles cannot be found delinquent in juvenile court and then transferred to adult court without hearing on the transfer; to do so violates the protection against double jeopardy
challenge for cause
removal of a prospective juror by showing that he or she has some bias or some other legal disability.
- the number of these challenges available to attorneys is unlimited
circumstantial evidence
evidence provided by a witness from which a jury must infer a fact
community corrections
a model of corrections based on the goal of reintegrating the offender into the community
community service
a sentence requiring the offender to perform a certain amount of unpaid labor in the community
conditions of release
conduct restrictions that parolees must follow as a legally binding requirement of being released
congregate system
a penitentiary system, developed in Auburn, New York, in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of silence
contract labor system
a system under which inmates’ labor was sold on a contractual basis to private employers who provided that machinery and raw materials with which inmates made salable products in the institution
corrections
the variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses
crime control model of corrections
a model of corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision
custodial model
a model of incarceration that emphasizes security, discipline, and order
day reporting center
a community correctional center where an offender reports each day to comply with elements of a sentence
delinquent
a child who has committed an act that if committed by an adult would be a criminal act
demonstrative evidence
evidence that is not based on witness testimony but that demonstrates information relevant to the crime, such as maps, X-rays, and photographs - includes real evidence involved in the crime
dependent child
a child who has no parent or gaurdian or whose parents cannot give proper care
(parents want to but cant)
detention hearing
a hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication
determinate sentence
a sentence that fixes the term of imprisonment at a specific period
direct evidence
eyewitness accounts
discretionary release
the release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law
diversion
the process of screening children out of the juvenile justice system without a decision by the court
Enlightenment
a movement during the 18th century in England and France in which concepts of liberalism, rationalism, equality, and individualism dominated social and political thinking
expiration release
the release of an inmate from incarceration, without further correctional supervision, the inmate cannot be returned to prison for any remaining portion of the sentence for the current offense
fine
a sum of money to be paid to the state by a convicted person as punishment for an offense
forfeiture
Government seizure of property and other assets derived from or used in criminal activity
furlough
the temporary release of an inmate from a correctional institution for a brief period, usually one to three days, for a visit home. Such programs help maintain family ties and prepare inmates for release on parole
Furman v. Georgia (1972)
the death penalty, as administered, constitutes cruel and unusual punishment
-the procedure (jury decision) and methods
general deterrance
punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses
good time
a reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or paritcipation in vocational, educational, or treatment programs
Gregg v. Georgia (1976)
death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravting circumstances in deiciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal
habeas corpus
a writ or 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
halfway house
a correctional facility housing convicted felons who spend a portion of their day at work in the community but reside in the halfway house during nonworking hours
hands-off policy
judges should not interfere with the administration of correctional institutions
home confinement
a sentence requiring the offender to remain inside his or her home during specified periods
In re Gault (1967)
juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment
In re Winship
the standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings
incapacitation
depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
indeterminate sentence
a period, set by a judge, that specifies a minimum and maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole
inmate code
the values and norms of the prison social system that define the inmates’ idea of the model prisoner
intensive supervision probation (ISP)
probation granted under conditions of strict reporting to a probation officer with a limited caseload
intermediate sanctions
a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration
jail
an institution authorized to hold pretrial detainees and sentenced misdemeanants for periods longer than 48 hours
jury
a panel of citizens selected according to law and sworn to determine matters of fact in a criminal casea nd to deliver a verdict of guilty or not guilty
lease system
a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor
mandatory release
the required release of an inmate from incarcertaion to community supervision upon the expiration of a certain period, as specified by a determinate-sentencing law or parole guidelines
mandatory sentence
a sentence determined by statutes and requiring that a certain penalty by imposed and carried out for convicted offenders who meet certain criteria
mark system
a point system in which prisoners can reduce their term of imprisonment and gain release by earning “marks” or points through labor, good behavior, or educational achievment
McCleskey v Kemp (1987)
the supreme court rejects a challenge of Georgia’s death penalty on grounds of racial discrimination
McKeiver v Pennsylvania (1971)
juveniles do not have the right to a trial by jury
medical model
a model of corrections bsaed on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment
neglected child
a child who is recieving inadequate care because of some action or inaction of his or her parents
(parents could help, but dont want to)
net widening
process in which new sentencing options increase rather than reduce control over offender’s lives
other conditional release
a term used in some states to avoid the rigidity of mandatory release, by placing convcts in various community settings, under supervision
parens patriae
the state as parent; the state as guardian and protector of all citizens (like juveniles) who cannot protect themselves
parole
the conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served
penitentiary
an institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform
peremptory challenge
removal of a prospective juror without giving any reason
- attorneys are allowed a limited number of these challenges
PINS
acronym for “persons in need of supervision”, a term that designates juveniles who are either status offenders or thought to be on the verge of trouble
presentence report
a report, prepared by a probation officer, that presents a convicted offender’s background and is used by the judge in selecting an appropriate sentence
presumptive sentence
a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances
prison
an institution for the incarceration of people convicted of serious crimes, usually felonies
probation
a sentence that the offender is allowed to serve under supervision in the community
real evidence
physical evidence - such as weapons, records, fingerprints, and stolen property - involved in the crime
reasonable doubt
the standard used by a jury to decide if the prosecution has provided enough evidence for conviction
recividim
a return to criminal behavior
reformatory
an institution for young offenders that emphasizes training, a mark system of classification, indeterminate sentences, and parole
rehabilitation
the goal of restoring a convicted offender to a construtive place in society through some form of vocational or educational training or therapy
rehabilitation model
1) a model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
2) a model of incarceration that emphasizes treatment programs to help prisoners address the personal problems and issues that led them to commit crimes
reintegration model
a model of a correctional institution that emphasizes maintaining the offender’s ties to family and community as a method of reform, recognizing that the offender will be returning to society
restitution
repayment - in the form of money or service - by an offender to a victim who has suffered some loss from the offense
restorative justice
punishment designed to repair the damage done to the victim and community by an offender’s criminal act
retribution
punishment inflicted on a person who has harmed others and so deserves to be penalized
Roper v Simmons (2005)
execution of offenders for crimes committed while under the age of 18 is unconstitutional
Schall v Martin (1984)
juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action
selective incapacitation
making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacity will do the most to reduce crime in society
sentencing guidelines
a mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing
separate confinement
a penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from other inmates. all activities, including craft work, took place in the cells
shock probation
a sentence in which the offender is released after a short incarceration and resentenced to probation
specific deterrance
punishment inflicted on criminals to discourage them from committing future crimes
status offense
any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it were committed by an adult
technical violation
the probationer’s failure to abide by the rules and conditions of probation (specified by the judge). resulting in revocation of probation
testimony
oral evidence provided by a legally competant witness
voir dire
a questioning of prospectie jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict
waiver
procedure by which the juvenile court waives its jurisdiction and transfers a juvenile case to the adult criminal court
Williams v Florida (1970)
juries of few than 12 members are unconstitutional
Witherspoon v Illinios (1968)
potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded
work and educational release
the daytime release of inmates from correctional institutions so they can work or attend school
