Correctional Facilities, Punishment Objectives, and Evidence in Legal Proceedings, Quizzes of Criminal Justice

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Arraignment

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

What is a bail bondsman?

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.

Boykin vs. Alabama (1969)

Before a judge may accept a plea of guilty, defendants must state that they are making the plea voluntarily TERM 12

Bench Trials

DEFINITION 12 trials conducted by a judge who acts as fact finder and determines issues of law. No jury participates TERM 13

Jury

DEFINITION 13 A panel of citizens selected according to law and sworn to determine matters of fact in a criminal case and to deliver a verdict of guilty or not guilty TERM 14

Voir Dire

DEFINITION 14 a questioning of prospective jurors to screen out people the attorneys think might be biased or otherwise incapable of delivering a fair verdict TERM 15

Challenge for Cause

DEFINITION 15 removal of a prospective juror by showing that he or she has some bias or some other legal disability. The number of such challenges available to attorneys is unlimited

Peremptory Challenge

Removal of a prospective juror without giving any reason. Attorneys are allowed a limited number of such challenges TERM 17

Real Evidence

DEFINITION 17 Physical evidence-such as a weapon, records, fingerprints, and stolen property-involved in the crime TERM 18

Bonus Question Name all Eminem

albums, in the order of their release

DEFINITION 18 Infinite (1996) 11. Hell: The Sequel (2011) The Slim Shady LP (1999) 12. The MMLP 2 (2013) The Marshall Mathers LP (2000) Devil's Night (2001) The Eminem Show (2002) D12 World (2004) Encore (2004) The Re-Up (2006) Relapse (2009) Recovery (2010) TERM 19

Demonstrative Evidence

DEFINITION 19 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 TERM 20

testimony

DEFINITION 20 oral evidence provided by a legally competent witness

Direct Evidence

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.

Retribution

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

Rehabilitation

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

Mandatory Sentence

a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria TERM 37

Good Time

DEFINITION 37 a reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs TERM 38

Earned Time

DEFINITION 38 reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects TERM 39

intermediate sanctions

DEFINITION 39 a variety of punishments that are more restrictive than traditional probation but less severe and else costly than incarceration TERM 40

probation

DEFINITION 40 a sentence that the offender is allowed to serve under supervision in the community

shock probation

a sentence in which the offender is released after a short incarceration and resentenced to probation TERM 42

Furman vs. Georgia (1972)

DEFINITION 42 The death penalty constitutes cruel and unusual punishment TERM 43

Gregg vs. Georgia (1976)

DEFINITION 43 Death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Must have the opportunity to appeal TERM 44

McCleskey vs. Kemp (1987)

DEFINITION 44 the Supreme Court rejects a challenge of Georgia's death penalty on grounds of racial discrimination TERM 45

Atkins vs. Virginia (2002)

DEFINITION 45 Execution of developmentally disabled offenders is unconstitutional

Roper vs. Simmons

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

Contract Labor System

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

Medical Model

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

hands-off policy

Judges should not interfere with the administration of correctional institutions TERM 62

Hudson vs. Palmer

DEFINITION 62 Prison offcials can search cells TERM 63

% of the correctional population on probation

DEFINITION 63 60% TERM 64

Is Parole increasing or decreasing?

DEFINITION 64 Increasing Getting expensive to house them TERM 65

Custodial Model (incarceration)

DEFINITION 65 a model of incarceration that emphasizes security, discipline, and order

Rehabilitation Model (incarceration)

a model of incarceration that emphasizes treatment programs to help prisoners address the personal problems and issues that led to their crimes TERM 67

Reintegration Model (incarceration)

DEFINITION 67 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 TERM 68

Inmate Code

DEFINITION 68 the values and norms of the prison social system that define the inmates' idea of the model prisoner TERM 69

Classification

DEFINITION 69 process of assigning an inmate to a category specifying his or her needs for security, treatment, education, work, assignment, and readiness for release TERM 70

When arrested, order of events

(4)

DEFINITION 70 Arrest Initial Appearance Arraignment Bail

Percentage of felony defendants who can't

make bail?

About 1/ 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

Plea bagain advantages for

defendant

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%

Bench Trial

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

4 objectives of Punishment

Retribution Deterrence Incapacitation Rehabilitation TERM 87

% of people under supervision that are

actually in prisons or jails

DEFINITION 87 Less than 30% TERM 88

Indeterminate Sentences

DEFINITION 88 Goal was treatment rehabilitation cannot be determined, so this allows for parole boards to evaluate along the way TERM 89

Determinate Sentences

DEFINITION 89 Your sentence is your sentence At the end of the term, prisoner goes free TERM 90

Mandatory Sentences

DEFINITION 90 Crimes have certain penalties that must be imposed 3 strikes

Sentences vs. Time Served

prison sentences bear little time to actual time served TERM 92

Shock Probation

DEFINITION 92 Sentence where offender is released after a short incarceration and put on probation supposed to scared them into behaving TERM 93

Death Sentences

DEFINITION 93 2/3 of people are from south (probably all the sugar in the sweet tea) 200 people sentenced a year, but the number executed has never been greater than 98 TERM 94

Atkins vs. Virginia (2002) [killing...]

DEFINITION 94 cannot kill anyone with an IQ lower than 70 TERM 95

Roper vs. Simmons (2005) [killing...]

DEFINITION 95 cannot execute anyone under 18 when committed crime

Time period where incarceration became

central feature of CJ system

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

Are most prisons nowadays Custodial, Rehab,

or Reintegrate?

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