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Definition
| a sentence of imprisonment that is suspended. also, freedom granted by a judical officer to a convicted offender, as long as the person meets certain conditions of behavior. |
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| BJS findings:____% of people convicted of homoicide were placed on probation. |
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Definition
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| BJS findings:____% of convicted sex offenders were placed on probation |
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Definition
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| BJS findings:____% of convicted robbers were placed on probation. |
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Definition
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| BJS findings:____% of those convicted of aggressive assault are sentanced to probation. |
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Definition
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| between ____% and ___% of those convicted of a crime are sentanced to probation. |
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Definition
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| under correctional supervision.____%... probation ___%...prison____%.... parole____%....jail___% |
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Definition
| 58%...21%....11%....?....10% |
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probation conditions:if one violates conditons, can lead to
PROBATION RECOCATION (define) |
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Definition
| court order taking away probationary status and usually withdrawing the conditional freedom associated with that probation. |
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Term
probation conditions:
General Conitions- |
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Definition
| apply to all probationers in a given jurisdiction and require that he or she obey all laws, maintain employment, remain within juridiction of the court, possesses no firearms, allow probation officer to visit at home or work. also they are required to pay fine to the court. |
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probation conditions:
Special Conditions- |
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Definition
| Depending on the nature of the offense, may require offender to surrender his driver license, submit at reasonable times to warrantless and unannounce searches. Give breathe, urine, or blood samples, complete community service, or complete GED, also treatment programs. |
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| is the supervised early release of inmates from correctional confinement. |
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| 6 months. under the 1984 comprehensive crime control act |
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| must serve 85% of required sentance |
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| whats the differance between parole conitions and probation conditions? |
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Definition
| parole u have to pay a parole superviser fee of 15 to 20 dollars a month. |
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| Advantages of parole/probation- |
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Definition
• Lower cost- Price of incarcerating an individual in prison is aprox $39,501 a year, for probation it costs $1,321 per year.
• Increased employment
• Restitution- court requirement that offender must pay money or provide services to the victim or community.
• Community support- based on considerations of family and other social ties.
• Reduced risk of criminal socialization- Criminal values permeate in prison, this will help reduce that.
• Increased use of community services
• Increased opportunity for rehabilitation- Parole’s and probitioners can both be useful behavioral management tools |
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Term
| Disadvantages of parole/probation- |
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Definition
• Disadvantages
• Relative lack of punishment- The just deserts model suggests, while rehabilitation and treatment are recognized, this model suggests that punishment serves both society’s need for protection. Bad because paroles are freed early, those with more serious crimes, and it is dishonest because the offender does not complete his or her full sentence.
• Increased risk to the community-
• Increased social costs- expenses may occur to community such as child support, welfare, housing expenses, legal aid, health care.
• Discriminatory and unequal effects- Women right out of prison are at a disadvantage for finding jobs, finsing shelter and so on. |
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| 4th Amendment of personal privacy, A parolee was searched by police who admitted to searching Samson because he knew that he was on parole. Methamphetamine was found and Samson was convicted. Because of this case The California legislature adopted a provision in 1996 requiring that every prisoner eligible for release on state parole “shall agree in writing to be subject to search or seizure by a parole officer at anytime of the day or night, with or without a search warrant and with or without cause. |
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Definition
| Affected parole and probation, The court declared a need for procedural safeguards in revocation hearings involving parolees. After Morrissey, revocation proceedings would require that (1) the parolee be given written notice specifying the alleged violation; (2) evidence of the violation be disclosed; (3) a neutral and detached body constitute the hearing authority; (4) the parolee have the chance to appear and offer a defense, including testimony, documents, and witnesses; (5) the parolee have the right to cross-examine witnesses; and (6) a written statement be provided to the parolee at the conclusion of the hearing that includes the hearing body’s decision, the testimony considered, and reasons for revoking parole, if occurs. |
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Definition
| In 1973, the court extended the procedural safeguards of Morrissey to probationers in Gagnon v. Scarpelli. Supreme court ruled that probationers, because they face a substantial loss of liberty, were entitled to two hearings; (1) a preliminary hearing to determine whether there is “probable cause to believe that he has committed a violation of his parole” and (2) “a somewhat more comprehensive hearing prior to the making of the final revocation decision. Court also ruled that probation revocation hearings were to be held “under the conditions specified in Morrissey v. Brewer. |
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Definition
| A probationers incriminating statements to a probation officer may be used as evidence if the probationer does not specifically claim a right against self-incrimination, according to Minnesota v. Murphy. According to the court, the burden of invoking the 5 amendment privilege against self-incrimination lies with the probationer. |
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Term
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Definition
| The use of split sentencing, shock probation, or parole, shock incarceration, community service, intensive supervision, or home confinement in lieu of other, more traditional, sanctions, such as prision and fines. Intermediate sanctions have three distinct advantages: (1) they are less expensive to operate per offender than imprisionment; (2) they are socially cost effective because they keep the offender in the community, thus avoiding both the breakup of the family and the stigmatization that accompanies imprisonment; and (3) they provide flexibility in terms of resources, time of involvement, and place of service. |
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Term
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Definition
| Judges may impose a combination of a brief period of imprisonment and probation. Defendants who are given split sentences are often ordered to serve time in a local jail rather than in a long-term confinement facility. 90 days in jail, followed by two years of supervised probation, is a typical split sentence. Split sentences are often given to minor drug offenders. |
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Term
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Definition
| Strongly resembles split sentencing. The offender serves a relatively short period of time in custody, normally in prison not jail, and is released on probation by court order. The difference is that shock probation clients must apply for probationary release from confinement and cannot be certain of the judges decision. In shock probation, the court in effect makes a resentencing decision. |
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Term
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Definition
| Shock parole is similar to shock probation. Whereas shock probation is ordered by judicial authority, shock parole is an administrative decision made by a paroling authority. Parole boards or their representatives may order an inmates early release. |
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Term
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Definition
| Require that offenders serve weekends in jail and receive probation supervision during the week. Other types of mixed sentencing require offenders to participate in treatment or sommunity service programs while on probation. |
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Term
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Definition
| Also reffered to as Home confinement, can be defined as “a sentence imposed by the court in which offenders are legally ordered to remain confined in their own residences. Home confinement usually makes use of a system of remote location monitoring. |
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Definition
| At work and in the community, PTU stores location every 10 seconds. In 1999 South Carolinas probation and parole department began using satellites to track felons recently freed from state prisons. The satellite-tracking plan, which makes use of 21 satellites in the Global positioning system (GPS), allows agency’s officers to track every move made by convicts wearing electronic bracelets. Can electronically alert anyone holding a restrainging order whenever the offender comes within two miles of them. |
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Term
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Definition
1.Freedom of speech, press, religion and petition
2.Right to bear arms
3.Conditions for quarters of soldiers
4.Rights against unreasonable searches and seizures, the right against arrest without probable cause. |
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Term
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Definition
5.Right against self-incrimination, rights against double jepordy, and also due process of law.
6.Due process of law, right to a speedy trial, right to a trial by jury, right to know the charges, right to cross-examine witness, right to a lawyer, right to compel witness on ones behalf.
7.Right to trial by jury
8.Right to reasonable bail, right against excessive fines, right against cruel and unusual punishment. |
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Term
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Definition
9.Rule of construction of constitution.
10.Rights of states under constitution.
14.Right to due process of law, the applicability of constitutional rights to all citizens, regardless of state law or procedure. This amendment declares that people must be secure in their homes and in their persons against unreasonable searches and seizures. |
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Term
| Functions of parole/probation |
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Definition
| Parole- In 2003 the us department of justice initiated funding for 89 reentry sites across the country under the serious and violent Offender reentry initiative (SVORI) these programs are geared toward serious and violent offenders. SVORI supports the creation of a three phase continumm of services that begins in prison, moves to a structured reentry phase before and during the early months of release, and continues for several years as released prisoners take on increasingly productive roles in the community. |
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Term
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Definition
| protect and prepare: institution-based programs. Programs are designed to prepare offenders to reentry society. Services include education, mental health and substance-abuse treatment, job training, mentoring, and full diagnostic and risk assessment |
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Term
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Definition
| control and restore: community-based transition programs. These programs work with offenders prior to and immediately following their release from correctional institutions. Services provided in this phase include, education, monitoring, mentoring, life skills training, assessment, job skills development, and mental health and substance-abuse treatment |
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Definition
Sustain and support: community-based long-term supported programs. Phase 3 programs connect individuals who have left the supervision of the justice system with a network of social services agencies and community based organizations to provide ongoing services and mentoring relationships.
In an effort to help the nearly 700,000 people leaving prison each year, US congress passed the second chance ACT. The act authorized the expenditure of approx. $400 million in Federal funds between 2008 and 2012. The legislation funds prison-to-community transition services and programs through grants to nonprofit organizations. |
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Term
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Definition
| Early court philosophy in dealing with juveniles derived from an early roman principle called parita potestas. Under roman law children were members of their family, but father had absolute control over children, and they in turn had an absolute responsibility to obey his wishes. Roman understanding of the social role of children strongly influenced English culture and eventually led to the development of the legal principle of Parens Patriate. |
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Term
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Definition
| A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide. English law of the period excepted children under the age of 7 from criminal responsibility. Adulthood was considered to begin at age 14 |
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| History of juvenile justice in America |
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Definition
| Legislation reflected the ten commandments and often provided harsh punishments for transgressors of almost any age. |
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Term
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Definition
| a highly significant intellectual and social movement, focused on human potential. It was accompanied by the growth of an industrialized economy, with a corresponding move away from farming. English poor laws {which preceded welfare legislation} lower infant death rates, and social innovations born of the Enlightenment led to reassessment of the place of children in society. In the new age, children were recognized as the only true heirs to the future, and society became increasingly concerned about their well-being |
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Term
| Puritan role in juvenile justice- |
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Definition
| Puritans influence in the colonies, with its heavy emphasis on obedience and discipline, led to frequent use of jails and prisons for both juveniles and adults. Severe punishment was consistent with the Puritan belief. In short, disobedient children had no place in a social group commited to a spiritual salvation understood as strict obedience to the wishes of the divine. |
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Definition
| An 1823 report in the “society for the prevention of pauperism” called for the development of “house refuge”, to save children from lives of crime and poverty. Houses of refuge were to be places of care and education where children could learn positive attitudes about work. The first house of refuge was intended only for those children who could still be “rescued”, and it sheltered mostly young thieves, vagrants, and runaways. Children with more sever problems were placed in adult prisons and jails. |
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Definition
| this 1838 case clarified the power that states had in committing children to institutions. Case involved Mary Ann Crouse, who had been committed to the Philadelphia house of refuge by a lower court over the objections of her father. She was beyond control of her parents. Ann’s father petitioned the court to release his daughter on the grounds that she had been denied the right to trial by jury. (6th amendment). The decision by the appeals court upheld the legality of Mary ann’s commitment. It pointed to the state’s interest in assisting children and denied that punishment or retribution played any part in her treatment. The court also focused on parental responsibilities in general and stressed the need for state intervention to provide for the moral development of children whose parents had failed them. The court built its decision around the doctrine of Parens patriae. Applying this English concept to the American scene. |
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Term
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Definition
| Middle of 19th century childsavers movement began. Child savers eposed a philosophy of productivity and eschewed idleness and unprincipled behavior. Child savers movement provided an ideological framework combining Christian principles with a strong emphasis on the worth of the individual. It was a social perspective that held that children were to be guided and protected. |
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Definition
| A product of the child-savers movement, a place for delinquent juveniles that embodied the atmosphere of a Christian home. Chicago Reform School, in the 1860’s, provided an early model for the reform school movement. Movement focused primarily on predelinquent youths who showed tendencies toward more serious criminal involvement. Reform schools attempted to emulate wholesome family environments to provide the security and affection thought necessary in building moral characters. As with house refuges, reform schools soon became overcrowded. |
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Term
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Definition
| 1870 supreme court case that whose decision practically ended the reform school movement. The case of people ex rel. O’Connell v. Turner centered on Oconell, who had been commited to the Chicago reform school under an Illinois law that permitted confinement for “misfortune” meaning they had not commited an offense. Because oconell had not been convicted of a crime, the supreme court ordered him released. The court reasoned that the power of the state under Parens patriae could not exceed the power of the natural parents except in punishing crime. This case is remembered for the lasting distinction it made between criminal and noncriminal acts committed by juveniles. |
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Term
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Definition
| The Illinois juvenile court Act created a juvenile court, separate in form and function from adult criminal courts. To avoid the lasting stigma of criminality, the law applied the term delinquent rather then criminal to young offenders. The act specified that the best interests of the child were to guide juvenile court judges in their deliberations. In effect, judges were to serve as advocates for juveniles, guiding their development. Determining guilt or innocence took second place to the betterment of the child. Law abandoned due process requirements of adult prosecutions, allowing informal procedures designed to scrutinize the child’s situation. |
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Term
| The juvenile court movement was based on 5 philosophical principles that can be summarized as follows. |
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Definition
• The state is the higheror ultimate parent of all children
• Children are worth saving
• Children should be nurtured.
• To accomplish the goal of reformation, justice needs to be individualized; that is, each child is different, and the needs, aspirations, living conditions, and so on of each child must be known in their individual particulars if the courts is to be helpful.
• Non criminal procedures are necessary to give primary consideration to the needs of the child. The denial of due process can be justified in the face of constitutional challenges because the court acts not to punish, but to help.
-Juvenile statues include six categories of children. |
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Term
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Definition
| are those who violate the criminal law. If they were adults, the word criminal would be applied to them. |
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Term
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Definition
| are said to be beyond parental control, as evidence by their refusal to obey legitimate authorites, such as school officials and teachers. They need state protection. |
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Term
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Definition
| Typically have no parents or guardians to care for them. Their parents are deceased, they were placed for adoption, or they were abandoned in violation of the law. |
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Definition
| are those who do not receive proper care from their parents or guardians. They may suffer from malnutrition or may not be provided with adequate shelter. |
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Term
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Definition
| are those who do not receive proper care from their parents or guardians. They may suffer from malnutrition or may not be provided with adequate shelter. |
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Definition
| those who suffer physical abuse at the hands of their guardians. This category was later expanded to include emotional and sexual abuse. |
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Definition
| is a special category that embraces children who violate laws written only for them. In some states, status offenders are reffered to as persons in need of supervision (PINS) |
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Definition
| Supreme court case that ended the hands-off era in juvenile justice, decided in 1966. The kent case focused on the long-accepted concept of Parens Patriae, singaled the beginning of the court’s systematic review of all lower-court practices involving delinquency hearings. Kent was age 16, his fingerprints were found by police at a scene of a crime. According to the laws of the Distric of Columbia, he was still under the exclusive jurisdiction of the juvenile court. Kent was interigated and several psychological tests were run. Evaluations concluded that Kent was a “victim of severe psychopathology.” The juvenile court judge ruled that kent should be remanded to the authority of the adult court system. Kents lawyers argued that his behavior was the product of mental disease or defect. Their defense did not hold up and kent was found guilty on six counts of burglary. On his appeal to supreme court, they argued that kent should have been entitled to an adequate hearing at the level of juvenile court and that, lacking such a hearing, his transfer to adult jurisdiction was unfair. The supreme court, reflecting the Warren court ideologies of the times, agreed with kents attorneys, reversed the decision of the district court. At these hearings, the court ruled , juveniles are entitled to representation by attorneys who must have access to their records. Kents decision was important because it recognized the need for at least minimal due process in juvenile court hearings. |
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Definition
| Gault and a friend were taken into custody, on the basis of a neighbors complaint that the boys had telephoned her and made lewd remarks. At the time, Gault was on probation for having been in company of another boy who had stolen a wallet. When gault was apprehended his parents were both at work and no notice was posted to indicate to his parents he was in custody. Gault was adjudicated delinquent and remanded to the state industrial school until his 21 birthday. On appeal to the Supreme court, Gaults attorney argued that his constitutional rights were violated because he had been denied due process |
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Term
| in re-Gault The appeal focused specifically on 6 areas:what? |
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Definition
• Notice of charges: he was not given enough notice to prepare a defense.
• Right to counsel: Gault was not notified of his right to an attorney or allowed to have one at his hearings.
• Right to confront and to cross-examine witness: The court did not require the complainant to appear at the hearing.
• Protection against self-incrimination: gault was never advised that he had the right to remain silent.
• Right to a transcript: In preparing for the appeal, Gaults attorney was not provide a transcript of the adjudicatory hearing.
• Right to appeal: at the time Arizona did not give juveniles the right to appeal.
Court ruled in favor of 4 of 6 issues raised by attorneys. The court did not agree with the contention of Gaults lawyers relative to appeal or with their arguments in favor of transcripts. Right to appeal, where it exists, is usually granted by statute or by state constitution- not by the U.S. constitution. Juveniles are now because of this case guaranteed many of the same procedural rights as adults. |
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Term
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Definition
| New York family court found 12 year old Winship delinquent on the basis of a petition that alleged that he had illegally entered a locker and stole money from a pocket book. At the hearing the evidence of the case may not be enough to establish winships guilt beyond a reasonable doubt. Statutory authority, however in the form of the New York family court, required a determination of facts based only on a preponderance of the evidence. Winship was sent to a training school . On his appeal to supreme court, it centered on the lower court’s standard of evidence. His attorney argued that Winship’s guilt should have been proved beyond a reasonable doubt. The court agreed. As a consequence of Winship, allegations of delinquency today must be established beyond a reasonable doubt |
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Definition
| Jones age 17 commited a robbery while armed with a deadly weapon. A later hearing determined that jones was “unfit for treatment as a juvenile,” and he was transferred to superior court for trial as an adult. The superior court found jones guilty of robbery in the first degree and committed him to the custody of the California Youth Authority. On appeal to supreme court jones claimed his transfer to adult court, placed him in double jeopardy because he had already been adjudicated in juvenile court. The state of California argued that the superior court trial was only a natural continuation of the juvenile justice process and, as a consequence, did not fall under the rubric of double jeopardy. The state further suggested that double jeopardy existed only where an individual ran the risk of being punished more than once. In this case Jones, no punishment was imposed by the juvenile court. The jones case severly restricted the conditions under which transfers from juvenile to adult courts may occur, the high court mandated that any transfers that do occur must be made before an adjudicatory hearing in juvenile court. |
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Term
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Definition
| Double jeopardy is prohibited by the 5th and 14th Amendments. In jones case Supreme court did not agree that the possibility of only one punishment negated double jeopardy. The double jeopardy clause speaks in terms of “potential risk of trial and conviction-not punishment” and court concluded that two separate adjudicatory processes were sufficient to warrant a finding of double jeopardy. Jones conviction was cleared. |
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Term
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Definition
| Court set a new standard when it ruled that age is a bar to execution when the offender commits a capital crime when younger than 18. The Roper case involved Simmons age 17, who planned and committed a callous capital murder of a women. Nine months later, after he had turned 18, he was tried and sentenced to death. The Roper ruling invalidated the capital sentences of 72 death-row inmates in 12 states. |
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Term
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Definition
| Centers on investigative procedures. Supreme court ruled that schoolchildren have a reasonable expectation of privacy in their personal property. Case involved a 14 year old girl who was accused of smoking marijuana and whos purse was searched and marijuana was obtained. On appeal to supreme court, the girls lawyer was successful in reversing her conviction on the grounds that the search of her purse, was of personal property and had been unreasonable “4th amendment”. The courts decision lead to, that a search could be considered reasonable if it (1) is based on a logical suspicion of rule breaking actions; (2) is required to maintain order, discipline, and sfety among students; and (3) does not exceed the scope of the original suspicion. |
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Term
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Definition
Juvenile court jurisdiction rests on the offenders age and conduct. Majority of states today define a child subject to juvenile court jurisdiction as a person who has not yet turned 18.Depending on the laws of the state and the behavior involved, the jurisdiction of the juvenile court may be exclusive. Exclusive jurisdiction applies when the juvenile court is the only court that has statutory authority to deal with children for specified infractions. Where juvenile court authority is not exclusive, the jurisdiction of the court may be original or concurrent. Original jurisdiction means that a particular offense must originate, or begin with juvenile court authorities. Juvenile courts have original jurisdiction over most delinquency petitions and all status offenses. Concurrent jurisdiction exists where other courts have equal statutory authority to originate proceedings. If a juvenile has committed a homicide, rape, or other serious crime, an arrest warrant may be issued by the adult court.
-----The juvenile justice system can be viewed as a process that, when carried to completion, moves through 4 stages: intake, adjudication, disposition, and postadjudicatory review. |
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Term
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Definition
| Cases like winship and Gault have not extended all adult procedural rights to juveniles charged with delinquency. For example, juveniles do not have the constitutional right to trial by a jury of their peers. The case Mckeiver v. Pennsylvania reiterated what earlier decisions had established and legitimized some generally accepted practices of juvenile courts. Mckeiver age 16 was charged with robbery, his attorney requested that his client be allowed a jury trial. The request was denied and Mcikeiver was sent to a youth development center. On appeal to supreme court his attorney argued that his client, even though a juvenile, should have been allowed a jury trial as guaranteed by the 6 and 14 Amendments to the constitution. Mckeiver v. Pennsylvania did not set any new standards. Rather, it reinforced the long accepted practice of conducting juvenile adjudicatory hearings in the absence of certain due process considerations, particularly those pertaining to trial by jury. As a consequence to this trial 12 states today allow the option of jury trials for juveniles. |
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Term
| Philosophy of juvenile courts |
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Definition
| Juvenile court philosophy brings with it other differences from the adult system. Among them are (1) a reduced concern with legal issues of guilt or innocence and an emphasis on the childs bests interests; (2) an emphasis on treatment rather than punishment; (3) privacy and protection agisnt public scrutiny through the use of sealed records, laws against publishing the names of juvenile offenders, and so forth; (4) the use of the techniques of social science in dispositional decision making rather than sentences determined by a perceived need for punishment; (5) no long-term confinement, with most juveniles being released from institutions by their 21st birthday, regardless of offense; (6) separate facilities for juveniles; and (7) broad discretionary alternatives at all points in the process |
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Term
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Definition
| the first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause a juvenile court to assume jurisdiction. |
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Term
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Definition
| Hearing conducted by the juvenile court judge or by officer of the court. Intake officers, have substantial discretion. Along with detention, they can choose diversion and outright dismissal of some or all of the charges against the juvenile. Diverted juveniles may be sent to job-training programs, mental health facilities, drug-treatment programs, educational counseling, or other community service agencies. |
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Term
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Definition
| A preliminary hearing may be held in conjuction with the detention hearing. The purpose of the preliminary hearing is to determine whether there is probable cause to believe that the juvenile committed the alleged act. If probable cause is established, the juvenile may still be offered diversionary options, such as an “improvement period” or “probation with adjudication.” Charges may be dropped at the end of this informal probationary period if the juvenile has met the conditions specified. |
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Term
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Definition
| When a serious offense is involved, statutory provisions may allow for transfer of the case to adult court at the prosecuting attorney’s request. Transfer hearings are held in juvenile court and focus on (1) the applicability of transfer statutes to the case under consideration and (2) whether the juvenile is amenable to treatment through the resources available to the juvenile justice system. Exceptions exist, for example: first-degree murder. |
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Term
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Definition
| Adjudicatory hearings for juveniles are similar to adult trials, with some notable exceptions....• emphasis on privacy,informality, speed, Evidentiary standard, Philosophy of the court, and No trial by jury |
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Term
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Definition
| because of the U.S. supreme court case of McKeiver v. Pennsylvania, juveniles do not have a constitutional right to trial by jury, though juveniles are allowed to be tried by their peers |
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Term
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Definition
| Even in the face of strong evidence pointing to the offenders guilt, the judge may decide that it is not in the juvenile’s best interest to be adjudicated delinquent. The judge also has the power, even after the evidence is presented, to divert the juvenile from the system. |
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Term
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Definition
| Juvenile hearings are not open to the public or to the media. No transcript of the proceedings is created. |
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Term
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Definition
| The juvenile hearing is more informal and less adversarial. The juvenile court judge takes an active role in the fact-finding process rather than serving as arbitrator between prosecution and defense. |
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Term
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Definition
| The lack of a jury, and the absence of an adversarial environment promote speed. Adult hearings may last weeks or months, juvenile hearings last a couple of hours or days. |
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Term
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Definition
| If the charge involves a status offense, the judge may adjudicate the juvenile as a status offender upon finding that a preponderance of the evidence supports this finding. A preponderance of the evidence exists when evidence of an offense is more convincing than evidence offered to the contrary. If the charge involves a criminal-type offense, the evidentiary standard rises to the level of reasonable doubt. |
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Term
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Definition
| The final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child. |
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Term
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Definition
| A form of sentencing authority, it is a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent. The adult sentence is suspended if the juvenile offender successfully completes the term of the juvenile disposition and refrains from committing any new offense. |
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Term
| History of drugs in America, including the FBN |
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Definition
| Howard Becker, in his classic study of the early Federal Bureau of Narcotic (FBN) the forerunner to the DEA, demonstrates how federal agencies worked to outlaw marijuana in order to increase their power. Federally funded publications voiced calls for laws against the substance, and movies like reefer madness led the drive toward classifying marijuana as a dangerous drug. The 1939 marijuana Tax Act was the result. |
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Term
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Definition
| marijuana was not included in the 1914 Harrison narcotics Act, it was not until the 1930’s and the urge by the Federal Bureau of Narcotics “FBN” , that congress passed the marijuana tax Act in 1937. This placed a tax of $100 per ounce on cannabis. Those who did not pay the tax were subject to prosecution. |
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Term
| Zimring and Hawkins and their three schools of thought |
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Definition
•1st Public health generalism- a perspective that holds that all controlled substances are potentially harmful and that drug abusers are victimized by the disease of addiction. This approach views drugs as medically harmful and argues, effective drug control is necessary as a matter of public health.
•2nd cost-benefit specifism- proposes that drug policy be built around a balancing of the social costs of drug abuse, crime, with the costs of enforcement.
•3rd Legalist- suggests that drug-control policies are necessary to prevent the collapse of public order and of society itself. |
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Term
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Definition
| 1914 First major piece of federal antidrug legislation, “did not include marijuana”. The Harrison Act required anyone dealing in opium, morphine, heroin, cocaine, to register with the Federal government and to pay a tax of $1 per year. The only people allowed to register were physicians, pharmacists, and other members of the medical profession. Non-registered drug traffickers faced a maximum fine of $2,000 and up to five years in prison. Because the Harrison Act allowed physicians to prescribe controlled drugs for the purpose of medical treatment, heroin addicts and other drug users could still legally purchase the drugs they needed. All you needed was a prescription |
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| Comprehensive Drug Abuse Prevention and Control Act of 1970 |
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Definition
| Under president Richard Nixo, legislation designed to encompass all aspects of drug abuse and to permit federal intervention at all levels of use was enacted. Termed the Comprehensive Drug Abuse Prevention and Control Act of 1970, legislation still forms the basis of federal enforcement efforts today. Title II of this law is the controlled substance act (CSA). |
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| Controlled substance act (CSA) and what it defines (Schedule of drugs)- |
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Definition
sets up 5 schedules that classify psychoactive drugs according to their degree of psychoactivity and abuse potential.
•Schedule 1- controlled substances have no established medical usage, cannot be used safely, and have great potential for abuse. Heroin, LSD, mescaline, peyote, methaqualone, marijuana.
•Schedule II- substances with high abuse potential which there is medical use. Opium, morphine, codeine, cocaine, phencyclidine (PCP).
•Schedule III- lower abuse potential than do those in schedules 1 and 2 . May lead to a psychological dependence or a physical dependence. Diluted forms of most schedule 2 drugs.
•Schedule 4- depressents, minor tranquilizers such as valium, Librium.
•Schedule 5- prescription drugs with low potential for abuse or dependence. |
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| Anti-Drug Abuse Act of 1988 |
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Definition
| Under president Ronald Regan, he created a new cabinet-level post, naming a drug czar who would be in charge of federal drug-fighting initiatives through the office of national drug control policy (ONDCP). This man was William Bennett, at this same time the Anti-drug abuse Act was passed. Under the law, penalties for “recreational” drug users increased substantially, and weapons purchases by suspected drug dealers became more difficult. The law also denies federal benefits, ranging from loans to contracts, and licenses. Under the law, civil penalties of up to $10,000 may be assessed against convicted “recreational” users for possession of even small amounts of drugs. The legislation also allows capital punishment for drug-related murders. Another aspect of Anti-Drug Abuse Act is its provisions for designating selected areas as high-intensity drug-trafficking areas (HIDTAs), making them eligible for federal drug-fighting assistance so that joint interagency operations can be implemented to reduce drug problems. |
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| William bennet declared washignton D.C. a “drug zone”. At the time over 60% of washigntons murders were drug related. Bennett’s plan called for more federal investigators and prosecutors and for specifically built prisons to handle convicted drug dealers. |
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| Abandonment refers to the fact that property, once it has been clearly thrown away or discarded, ceases to fall under 4th Amendment protections against unreasonable search and seizure. In this case narcotics were found in Greenwoods trash, he was convicted. On his appeal Greenwood argued that the trash had been placed in opaque bags and could reasonably be expected to remain unopened until it was collected and disposed of. His appeal emphasized his right to privacy with respect to his trash. Supreme court disagreed, saying that an expectation of privacy does not give rise to 4th amendment protection. Court concluded, the property in question had been abandoned, and no reasonable expectation of privacy can attach to trash left for collection “in an area accessible to the public” |
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| In legal usage, the area surrounding a residence that can reasonably be said to be a part of the residence for the 4th Amendment purposes. As seen in Oliver v. U.S. |
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| Curtilage refers to the fact that household activity generally extends beyond the walls of a residence. People living in a house, for example, spend some of their time in their yard. Property within the cartilage of a residence has generally been accorded the same 4th Amendment guarantees against search and seizure as areas within the walls of a house or an apartment. How fare does this extend? The open fields doctrine began with an earlier case, in which Supreme court held that law enforcement officers could search an open field without a warrant. The Oliver case extended that authority to include secluded and fenced fields posted with No trespassing signs. |
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| U.S. Supreme court considered a Houston-area defendants claim that the space surrounding a barn, which was located 50 yds from the edge of the fence surrounding a farmhouse, was protected against intrusion by the 4th amendment . The court rejected the defendents arguments and concluded that even though an area may be fenced, it is not within the cartilage of a residence if it is sufficiently distant from the area of household activity that attends the residence. |
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| Abandonment refers to the fact that property, once it has been clearly thrown away or discarded, ceases to fall under 4th Amendment protections against unreasonable search and seizure |
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| is less than probable cause, the legal standard for arrests and warrants, but more than an "inchoate and unparticularized suspicion or 'hunch' it must be based on "specific and articulable facts", "taken together with rational inferences from those facts". Police may briefly detain a person if they have reasonable suspicion that the person has been, is, or is about to be engaged in criminal activity |
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| A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a specified person has committed a specified crime. Also reasonable grounds to make or believe an accusation. Probable cause refers to the necessary level of belief that would allow for police seizures of individuals and full searches of dwellings, vehicles, and possessions. |
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| Islamic criminal justice- |
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Definition
| Islam still form the basis of laws in many countries and that the entire legal systems of some nations are based on Islamic principles. Islamic law descends directly from the teachings of the prophet Muhammad, whom the Cambridge Encyclopedia of Islam describes as a “prophet-lawyer.” Muhammad rose to fame in the city of Mecca( in what is now Saudi Arabia) as a religious reformer. Later, he traveled to medina, where he became the ruler and lawgiver of a newly formed religious society. In his role as lawgiver, Muhammad enacted legislation whose aim was to teach men what to do and how to behave in order to achieve salvation. As a consequence, Islamic law today is a system of duties and rituals founded on legal and moral obligations- all of which are ultimately sanctioned by the authority of a religious leader who may issue commands (known as fatwas or fatwahs) that the faithful are bound to obey. |
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| Islamic Law (Shari’ah Law) |
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Definition
| Means “path of God”, Islamic law is based on 4 sources. In order of importance, these sources are (1) the Quran, the holy book of islams, which Muslims believe is the word of god or Allah; (2) the teachings of the prophet Muhammad; (3) a consensus of the clergy in cases where neither the Koran nor the prophet directly addresses an issue; and (4) reason or logic, which should be used when no solution can be found in the other three sources. |
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| Souryal and others proposed four aspects of justice in Arab philosophy and religion |
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Definition
•A sacred trust, a duty imposed on humans to be discharged sincerely and honestly. As such, these authors say, “justice is the quality of being morally responsible and merciful in giving everyone his or her due.”
•A mutual respect of one human being by another . From this perspective, a just society is one that offers equal respect for individuals through social arrangements made in the common interest of all members.
•An aspect of the social bond that holds society together and transforms it into a brotherhood in which everyone becomes a keeper of everyone else and each is held accountable for the welfare of all.
•A command from God. Whoever violates God’s commands should be subject to strict punishments according to Islamic tradition and belief.
-the third and fourth meanings of justice are most commonly invoked and form the basis of criminal justice practice in many Middle Eastern countries. |
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| – Islamic law recognizes 7 Hudud crimes- or crimes based on religious strictures. These crimes are violations of “natural law” as interpreted by Arab culture. Divine displeasure is thought to be the basis of crimes defines as Hudud, and Hudud crimes are often said to be crimes against God. The Koran or Quran specifies punishments for four of the seven Hudud crimes; (1) making war on Allah and his messengers, (2) theft-amputation of hand;(3) adultery or fornication-stoning to death; and (4) false accusation of fornication or adultery-eighty lashes. The three other Hudud offenses are mentioned by the Koran, but no punishment is specified: (1) corruption on earth; (2) drinking alcohol, and (3) highway robbery |
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| “A minor violation of Islamic law that is regarded as an offense against society not god.” All crimes other than Hudud crimes fall into an offense category called tazirat. Tazir crimes are regarded as any actions not considered acceptable in a spiritual society. They include crimes against society and against individuals, but not against God. Tazir crimes may call for quesas (retribution) or diya(compensation or fines). Crimes requiring quesas are based on the Arabic principle “an eye for an eye” and generally require physical punishments up to and including death. Quesas offenses mey include murder, manslaughter, assault, and maiming. Under Islamic law, such crimes may require the victim or his representative to serve as prosecutor. The state plays a role only in providing the forum for the trial and in imposing punishments. |
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| Typically exists on 3 levels. The first level hears cases involving the potential for serious punishments, including death, amputation, and exile. The second level deals with relatively minor matters, such as traffic offenses and violations of city ordinances. Special courts, especially in Iran, may hear cases involving crimes against the government, narcotics offenses, state security, and corruption. Appeals within the Islamic court system are only possible under rare circumstances and are by no means routine. A decision rendered by second-level courts will generally stand without intervention by higher judicial authorities. Under Islamic law, testimony provided by a man, can be heard in court. The same evidence, however, can only be provided by two virtous women; one female witness is not sufficient. |
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| Composed of 185 member states and based in New York city, is the largest and most inclusive international body in the world. The United nations has been very interested in international crime prevention and world criminal justice systems. A UN resolution entitled the International Bill of Human Rights supports the rights and dignity of ervyone who comes into contact whith a criminal justice system |
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| 1949 Geneva convention governing the conduct of war and the treatment of refugees. |
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| was a Swiss businessman and social activist. During a business trip in 1859, he was witness to the aftermath of the Battle of Solferino in modern day Italy. He recorded his memories and experiences in the book A Memory of Solferino which inspired the creation of the International Committee of the Red Cross (ICRC) in 1863. |
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| was a pioneer American teacher, nurse, and humanitarian. She is best remembered for organizing the American Red Cross |
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| “An international law enforcement support organization consisting today of 182 member nations. The U.S. Interpol unit is called the U.S. National Central Bureau (USNCB) and is a separate agency within the U.S. Department of justice. USNCB is staffed with personnel from 12 federal agencie, including the Drug Enforcement Administration, Secret Service, and the FBI. Through USNCB, Interpol is linked to all major U.S. computerized criminal records repositories, including the FBI’s National Crime Information index, The State Departments Advanced Visa lookout system, and the Department of Homeland Security’s Master Index. Interpoil’s primary purpose is to act as a clearinghouse for information on offenses and suspects who are believed to operate across national boundaries. Historically, Interpol pledged itself not to intervene in religious, political, military, or racial disagreements in participant nations, until 1984, when Interpol officially entered the fight against international terrorism. In late 2001, Interpol’s Seventienth General Assembly Unanimously adopted the Budapest Anti-Terrorism Resolution. The resolution calls for greater police cooperation in fighting international terrorism. Interpol is currently in the process of developing a centeralized international forensic DNA database and is creating an international framework for disaster victim identification. The agency has no powers of arrests or of search and seizure in member countries. Instead, Interpol’s purpose is to facilitate, coordinate, and encourage police cooperation as a means of combating international crime. |
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| “The intergrated police intelligence-gathering and dissemination arm of the member nations of the European Union.” Europol started limited operations in 1994 in the form of the Europol Drugs Unit. The Europol Convention was ratified by all member states in 1998, and Europol commenced full operations the following year. Europols mission is to improve the effectiveness and cooperation of law enforcement agencies within the meber states of the European Union with the ultimate goal of preventing and combating terrorism, drug-trafficking, trafficking human beings, and other forms of serious international organized crime. Europol is sometimes described as the “European Union police clearing house.” Following the 2005 London Bombings, Europol became the executive powers to conduct EU-wide investigations. |
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| The mebers of the European Union agreed to the establishment of the European Police Office (Europol) in the Maastricht treaty of February 7, 1992. |
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| Created in 2000 by the United Nations, ICC is intended to be a permanent criminal court for trying individuals (not countries) who commit the most serious crimes of concern to the international community, such as genocide, war crimes, and crimes against humanity like wholesale murder of civilians, torture, and mass rape. Support for the ICC was developed through the United Nations, where more than 90 countries approved the court’s creation by ratifying what is known as the Rome Statute of the International Criminal Court. |
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| former prime minister of Israel |
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| Support for the ICC was developed through the United Nations, where more than 90 countries approved the court’s creation by ratifying what is known as the Rome Statute of the International Criminal Court. |
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| agreed to establish Europol. See above |
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| – ” A violent act or an act dangerous to human life, in violation of the criminal laws of the United States or of any state, that is committed to intimidate or coerce a government, the civilian population, or any segment thereof, in furtherance of political or social objectives.” Two major forms of terrorism: Domestic and International. In the U.S. Domestic terrorism refers to the unlawful use of force or violence by an individual or a group that is based in and operates entirely within this country and its territories without foreign direction and whose acts are directed against elements of the U.S. government or population. International terrorism, in contrast, is the unlawful use of force or violence by an individual that has some connection to a foreign power, or whose activities transcend national boundaries, against people in order to intimidate or coerce a government, or civilian population. |
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| Foreign terrorist organization “ A foreign organization that engages in terrorist activity that threatens the security of U.S. nationals or the national security of the united states and that is so designated by the U.S. secretary of state. Federal law requires that any organization considered for FTO designation must meet three criteria: (1) It must be foreign; (2) it must engage in terrorist activity as defined in section 212 (a)(3)(B) of the immigration and Nationality Act. And (3) the organization’s activities must threaten the security of the U.S. nationals or the national security of the U.S. |
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| The Revolutionary Armed Forces of Colombia, it is a contemporary insurgent organization, combating narcoterrorism- A political alliance between terrorist organizations and drug-supplying cartels. The cartels provide financing for the terrorists, who in turn provide quasi-military protection to the drug dealers. |
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is an armed Basque nationalist and separatist organisation. The group was founded in 1959 and has since evolved from a group promoting traditional Basque culture to a paramilitary group with the goal of gaining independence for the Greater Basque Country from a Marxist-Leninist perspective
Hezbollah - is a Shia paramilitary group and political party based in LebanonIt is regarded as a resistance movement throughout much of the Arab and Muslim worlds and is supported by Iran and Syria. Multiple countries, including Sunni Arab countries such as Saudi Arabia, Egypt and Jordan,[ have condemned actions by Hezbollah. The United States, United Kingdom, Egypt Israel, Australia, and Canada regard Hezbollah as a terrorist organization, in whole or in part. |
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| - Palestinian Islamist socio-political organization, terrorist organization. |
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| “A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment. |
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| - seeks to reduce the likelihood of repeat offenses by convicted offenders. |
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| strives to influence the future behavior of people who have not yet been arrested and who may be tempted to turn to crime. |
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| - “A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences ( such as a term of imprisonment of from one to ten years). Under intermediate sentencing inmates exhibiting good behavior may be released on parole. Intermediate sentencing relies heavily on judges’ discretion to choose among types o sanctions and to set upper and lower limits on the length of prison stays |
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| A form of structured sentencing “A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length behind bars. |
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| federal sentencing guidelines (such as truth-in-sentencing |
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| With the passage of the comprehensive Crime Control Act, the federal government adopted presumptive sentencing for nearly all federal offenders. The act also addressed the issue of truth in sentencing- A close correspondence between the sentence imposed of an offender and the time actually served in prison. “what you get is what you serve” |
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| Plays a major role in the federal judicial system. Approx 90% of all federal sentences are the result of guilty pleas, and majority of them stem from plea negotiations. Plea bargaining must (1) be fully disclosed in the record of the court ( unless there is an overriding and demonstrable reason why it should not be) and (2) detail the actual conduct of the offense. Under these requirements, defendants are unable to hide the nature of their offense behind a substitute plea. |
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| - “a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the improsenment.” |
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| latin for you have the body “A sentencing model that builds on restitution and community participation in attempt to make the victim “whole again”. Reffered to also as “balanced justice” this is achieved by giving equal consideration to community safety and offender accountability. |
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presentence investigation “The examination of a convicted offender’s backround prior to sentencing. Presentence examinations are generally conducted by probation or parole officers and are submitted to sentencing authorites. Presentence reports usually falls to a probation or parole officer. Reports take one of three forms:
i. A detailed written report on the defendants personal and criminal history, also called long form.
ii. An abbreviated written report summarizing the information most likely to be useful in a sentencing decision (the short form).
iii. A verbal report to the court made by the investigating officer based on field notes but structured according to established categories. |
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| Landmark case, that the court recognised “evolving standards of decency” that might necessitate a reconsideration of 8th amendment standards of decency” pertaining to death penalty. The Furman decision invalidated the previous Georgia’s case. |
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| Supreme court formally approved the two-step trial procedure in this case. In the first stage, guilt or innocence is decided. The second or penalty phase, a kind of mini trial, generally permits the introduction of new evidence that may have been irrelevant to the question of guilt but that may be relevant to punishment, such as drug use or child abuse. |
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| The court struck down a Georgia law imposing the death penalty for the rape of an adult woman. Court concluded that capital punishment under such circumstances would be “grossly disproportionate” to the crime. |
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| on plea bargins- Supreme court held that while federal judges could depart from the guidelines, they could not accept plea bargins that would have resulted in sentences lower than the minimum required by law for a particular type of offense. |
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| “A model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed. |
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| Flogging-most widely used physical punishment. Mutilation-is primarily a strategy of specific deterrence that makes it difficult or impossible for individuals to commit future crimes. Branding. Public humiliation. Workhouses. Exile. |
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| During the middle ages, “punitive imprisonment appears to have been introduced into Europe by Christian church in the incarceration of certain offenders against cannon law. Imprisonment as punishment differs significantly from the concept of imprisonment for punishment, and embodiment of this concept in American penal institutions represented the beginning of a new chapter in corrections reform. U.S. prisons came to serve as models for European reformers searching for ways to humanize criminal punishment. |
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| the third era starting in 1876, thoguth was on Rehabilitation. |
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| the fourth era, focused on incapacitation, resoration. |
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| Overcrowding by itself is not cruel and unusual punishment, according to the U.S. Supreme court in Rhodes V. Chapman, which considered the issue of double bunking along with other alleged forms of “deprivation” at the southern Ohio Correctional Facility. Court reasoned stating that overcrowding is not dangerous if other prison services are adequate. |
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| Federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison-made goods |
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| Developed in New York state around 1820 that depended on mass prisons, where prisoners were held in congregate fashion and required to remain silent. This style of imprisonment was a primary competitor with the Pensylvania style. Preferred punishment whipping. |
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| formed by quakers around 1790, as an alternative to corporal punishments. This style of imprisonment made use of solitary confinement and encouraged rehabilitation. Preffered Punishment was isolation. |
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| 9th era. 1995 focused on Retribution, incapacitation, and deterrence. |
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| 8th era. 1980, incapacitation |
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| 7th era. 1967 restoration, Rehabilitation |
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| 6th era. 1945, focused on Rehabilitation. |
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| 5th era. 1935 Focused on Retribution. |
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