Download Correctional Facilities, Punishment Objectives, and Evidence in Legal Proceedings and more Quizzes Criminal Justice in PDF only on Docsity! TERM 1 Arraignment DEFINITION 1 formal court appearance in which the charges against the defendant are read, and enters a plea deal TERM 2 Motion DEFINITION 2 an application to a court requesting that an order be issued to bring about a specific action TERM 3 Bail DEFINITION 3 an amount of money, specified by a judge to be paid as a condition of pretrial release to ensure that the accused will appear in court as required TERM 4 How long after arrest is bail determined? DEFINITION 4 24-48 hours TERM 5 How bail determined? DEFINITION 5 Because of lack of time to review the case, many judges have standard amounts for the type of crime based on seriousness of crime Less serious offenses-decided by police using a standard list amount More serious-bail set in court TERM 6 What is a bail bondsman? DEFINITION 6 Bail bondsman will post your bail, for approximately a 5- 10% fee Not obliged to post your bail, pick who they want to represent Can create relationships with law enforcement to obtain referrals, which can lead to corruption TERM 7 Citation DEFINITION 7 a written order or summons issued by law enforcement, directing an alleged offender to appear in court at a specific time to answer a criminal charge TERM 8 ROR DEFINITION 8 Release on Recognizance Pretrial release granted on the defendant's promise to appear in court, because the judge believes that the defendant's ties to the community guarantee that he or she will appear. They talk to the defendants about their life, jobs, family, prior record, etc. TERM 9 Percentage Bail DEFINITION 9 Defendants may deposit a percentage, usually 10%, of the full fail with the court. The full amount is required if the defendant fails to appear. The percentage of money is returned after disposition of the case, minus a 1% fee for court costs TERM 10 Preventive Detention DEFINITION 10 Holding a defendant for trial, based on a judge's finding that if the defend were released on bail, he or she would endanger the safety of any person and the community would flee. TERM 21 Direct Evidence DEFINITION 21 eyewitness accounts TERM 22 Circumstantial Evidence DEFINITION 22 Evidence provided by a witness from which a jury must infer a fact TERM 23 Reasonable Doubt DEFINITION 23 the standard used by a jury to decide if the prosecution has provided enough evidence for conviction TERM 24 Appeal DEFINITION 24 a request to a higher court that it review actions taken in a trial court TERM 25 Habeas Corpus DEFINITION 25 a writ or judicial order requesting the release of a person being detained in a jail, prision, or mental hospital. If a judge finds the person is being held improperly, the writ may be granted and the person released. TERM 26 Retribution DEFINITION 26 punishment inflicted on a person who has harmed others and so deserves to be penalized TERM 27 General Deterrence DEFINITION 27 punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses TERM 28 Specific Deterrence DEFINITION 28 Punishment inflicted on Criminals to discourage them from committing future crimes TERM 29 Incapacitation DEFINITION 29 Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prision TERM 30 Selective Incapacitation DEFINITION 30 Making the best use of expensive and limited prison space by targeting individuals whose incapacity will do the most to reduce crime in society TERM 31 Rehabilitation DEFINITION 31 the goal of restoring a convicted offender to a constructive place in society through some form of ovational or educational training or therapy TERM 32 Restorative Justice DEFINITION 32 punishment designed to repair the damage done to the victim and community by an offender's criminal act TERM 33 Indeterminate Sentence DEFINITION 33 a period of time set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole. TERM 34 Determinate sentence DEFINITION 34 a sentence that fixes the term of imprisonment at a specific period TERM 35 presumptive sentence DEFINITION 35 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 TERM 46 Roper vs. Simmons DEFINITION 46 Execution of offenders while crimes committed under the age of 18 is unconstitutional TERM 47 corrections DEFINITION 47 the variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses TERM 48 penitentiary DEFINITION 48 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, TERM 49 Penn. Style confinement (separate) DEFINITION 49 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 TERM 50 New York Style confinement (congregate) DEFINITION 50 a pentitentiary 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 TERM 51 Contract Labor System DEFINITION 51 a system under which inmates' labor was sold on a contractual basis to private employers who provide the machinery and raw materials with which inmates made salable products in the institution TERM 52 Lease System DEFINITION 52 a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor TERM 53 Reformatory DEFINITION 53 an instiution for young offenders that emphasizes training, a mark system of classification, indeterminate sentences, and parole TERM 54 Mark System DEFINITION 54 a point system in which prisoners can reduce their term of imprisonment and gain release by earning "marks" or points through labor, good behavior, and educational achievement TERM 55 Rehabilitation Model DEFINITION 55 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 TERM 56 Medical Model DEFINITION 56 a model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment TERM 57 Community Corrections DEFINITION 57 A model of corrections based on the goal of reintegrating the offender into the community TERM 58 Crime control model of corrections DEFINITION 58 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 TERM 59 Prison DEFINITION 59 an institution for the incarceration of people convicted of serious crimes, usually felonies TERM 60 Jail DEFINITION 60 an institution authorized to hold pretrial detainees and sentenced misdemeanants for periods longer than 48 hours TERM 71 Percentage of felony defendants who can't make bail? DEFINITION 71 About 1/3 TERM 72 Preventative Detention DEFINITION 72 Holding defendant based on notion that he/she would be danger to society federal cases risk of fleeing offense is punishable by life in prison or death TERM 73 Pretrial Detention (jail) facts DEFINITION 73 about 750,000 a day poor people Half awaiting trial/half serving sentence or waiting to be moved TERM 74 Jail Suicides DEFINITION 74 most occur within hours of arrest most suicides occur in jails, not prisons TERM 75 Are conditions worse in Jails or Prisons? DEFINITION 75 Jails TERM 76 Plea bagain advantages for defendant DEFINITION 76 get less time less serious punishment cleaner record resolves matter quickly saves money/media attention TERM 77 Plea bagain advantages for prosecutor DEFINITION 77 easy conviction saves time and resources doesn't have to prepare for trial TERM 78 Plea bagain advantages for defense attorney DEFINITION 78 quick money can move on to a new client doesn't have to prepare for trial TERM 79 North Carolina vs. Alford (1979) DEFINITION 79 can enter a plea, and still maintain innocence if you know the evidence doesn't make you look good TERM 80 Percentage of colony cases that go to trial DEFINITION 80 less than 9% TERM 81 Bench Trial DEFINITION 81 Judge only, no jury TERM 82 Functions of Jury DEFINITION 82 represent diverse community prevent government oppression TERM 83 higher conviction rate: bench vs jury? DEFINITION 83 Bench: 88% Jury: 80% TERM 84 5 types of evidence DEFINITION 84 Real Demonstrative Testimony Direct Circumstantial TERM 85 Pre-Enlightenment punishments DEFINITION 85 fucked up stuff slavery bondage public humiliation transportation corporal punishment brutal deaths TERM 96 Time period where incarceration became central feature of CJ system DEFINITION 96 1820s-1830s TERM 97 Pennsylvania Penitentiary DEFINITION 97 each cell has their own yard cost an enormous amount of money scary gothic front to intimidate no visitors, newspapers never leaving cell TERM 98 Consequences of Penn Style. DEFINITION 98 suicide mental illness expensive TERM 99 New York Style DEFINITION 99 congregate work working together, but no looking talking TERM 100 Why were women neglected in prisons? DEFINITION 100 less of them to hire extra people to supervise seemed like a waste of money staff resented the extra demand that females needed TERM 101 Are most prisons nowadays Custodial, Rehab, or Reintegrate? DEFINITION 101 Custodial security, discipline, order TERM 102 Incarcerated women are increasing faster/slower than men? DEFINITION 102 Faster TERM 103 True/False: Women are more likely to have substance absue, physical/mental health problems, etc. DEFINITION 103 True