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what are the two states that had the first prisons? |
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Pennsylvania and New York |
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early Pennsylvania systems had what characteristics name 4 |
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1. separate confinement 2. no communication 3. solitary labor and bible reading/ moral rehabilitation 4. all activity in cells |
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early NY systems had what characteristics name 4 |
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1. congregate system 2. isolation only at night 3. worked under rule of silence 4. contract labor |
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main characteristic of prisoners of the south and west. |
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leased system- leased to contractors for food clothing etc. |
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3 principles of guided prison reform |
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1. separation of men and women 2. care within the needs of women 3. management of women's prisons by women |
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rehabilitation model characteristics |
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Definition
1. improving conditions in social environments 2. rehabilitating individual offenders 3. failed and discredited in 1970s |
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characteristics of the community model. |
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1. developed out of civil rights movement 2. purpose should be to reintegrate the offender 3. dominated until 1970s |
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characteristics of the crime control model. |
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1.failures of rehab model lead to crime control model 2. punitive measures 3. long sentences for violence 4. determinate sentences 5. get tough policy |
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levels of the prison system |
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1. minimum 2. medium 3. maximum 4. super-max |
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contains less violent offenders mostly white collar and 51% drug offenses. |
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3 levels of security for men. administration falls under executive branch. vary in size, number, type, and location. |
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40 states have a supermax prison. most dangerous extra tight security and isolation common. |
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only 7% of prison population. get lighter sentences. institutions isolated far from families. |
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operate in 32 states holds 6.8% state prisoners holds 16.4% of federal prisoners 1 billion a yr business |
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1. cheaper 2. reduces jail and prison overcrowding |
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1. poor service and programming 2. lower wages and benefits for officers 3. poor training 4. moral considerations |
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jails/short term incarceration and detention. |
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Definition
1. operated by county 2. population is made up of pre-trial, awaingt sentance, misdemeanors, holds parole violators,relieve prison overcrowding. |
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pre-1960s hands off policy since offenders have gained access to courts. case law has defined and recognized constitutional rights of inmates |
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case that gave and recognized constitutional rights of inmates. |
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Definition
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only right that inmates still do not have |
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Definition
the right against unreasonable search and seizure |
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restricted censorship of inmate mail |
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Definition
Procunier VS. Martinez (1974) |
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ban on mail correspondence between inmates in different facilities |
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prisoners don't have protection against search and seizure. safety is more important. |
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deliberate indifference violates the 8th amendment. |
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Definition
Estelle VS. Gamble (1976) |
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due process in prison discipline. |
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Wolff VS. McDonnell (1974) |
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equal protection against racial discrimination. |
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Definition
Lee VS. Washington (1968) |
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police do not need reason to search a parolee |
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Definition
Samson VS. California (2006) |
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parolees have the right to an attorney and a two-step revocation process. |
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Definition
Morrissey VS. Brewer (1972) |
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liability and the right to sue correctional employees |
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Definition
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there has been a significant_________ in the population under supervision |
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Definition
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4 factors supporting community corrections |
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Definition
1.not all deserve incarceration 2.cheaper then incarceration 3.recidivism rates not any higher then with those who do go to prison 4.need for support and supervision |
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1.conditional release with supervision 2.mainly for lesser offenders 3.combined with other sanction. (fines,restitution,and community service) 4.4,200,000 offenders on probation |
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focus was therapeutic counseling - treatment and rehabilitation |
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providing social services and reintegration |
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Definition
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probation revocation occurs when- |
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1. technical violation 2. new arrest or conviction (most likely) |
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criminal sanction/ 1 billion per yr./lesser offenses/ discriminate against the poor/many go uncollected |
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RICO act- seizure of goods related to the commission of an criminal act./ great potential for abuse |
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limits governments ability to seize property of offenders |
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house arrest w/ restriction/ great deal of flexibility for a sanction |
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ensures compliance/ problems include privacy and liability issues, compliance of technology, cost high, recidivism rates high. |
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symbolic/tailored to skills/work without pay |
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Intensive Supervision Probation or ISP |
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more restrictive/community based/ smaller case loads |
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1. probation diversion 2. institutional diversion |
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1. mostly juvinille 2. shock incarceration 3. 30-90 days 4. military style 5. probation officer take over after |
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3 models of modern prisons |
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1. custodial model 2. rehabilitation model 3. reintegration model |
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Definition
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4 factors that make a prison unique |
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1.defects of total power 2.limits reward and punishment 3.cooperation by inmates 4.strength of inmate leadership |
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power of officers limited prisoners little to lose ratio of inmates to officers rewards and punishments |
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modern prisons separate inmates by what |
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counsel supervise protect process follow procedure |
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when is the use of force acceptable |
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self-defense defense of 3rd person upholding rules prevention of crime prevention of escape |
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what is the second leading cause of death in inmates |
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facts about mentally ill prisoners |
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56% of inmates have symptoms incarceration rate for mentally ill is 2-4x that of general population |
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1. doing time-serving time 2. gleaning-bettering themselves 3. jailing-constructing a prison life 4.disorganized criminal-difficulty functioning |
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issues in a women's prison |
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Definition
1.sexual misconduct 2.education and training 3.medical services 4.mothers and their children |
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1.educational 2.vocational 3.prison industries 4.rehabilitative programs 5. medical services |
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3 characteristics of underlying assaultive behavior |
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Definition
1.age- men 16-24yrs more prone 2.attitudes 3.race-major division factor "convict code" |
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facts about prisoner reentry |
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Definition
40% will return many have served long sentences not prepared for society little support |
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how many will be released? |
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93% 77% on parole 19% will max out |
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3 terms associated with parole- |
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1.grace 2.contract 3.custody |
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when and where did parole originate |
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Definition
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maconochie's 5 stages of liberty |
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Definition
1.strict imprisonment 2.labor / chain gang 3.limited freedom area 4.ticket for conditional pardon 5.full liberty restored |
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where did the USA develop parole |
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Definition
Elmira state reformatory- initialy by volunteers 22 states by 1900 32 by 1932 |
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Definition
1.discretionary-states retaining indeterminate sentencing 2.mandatory-setence served minus good behavior 3.expiration-max out 4.other conditional |
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2 step probable cause hear process/ not just sent back without cause |
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Definition
morrissey VS. Brewerr(1972) |
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Definition
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pardons serve what 3 purposes |
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Definition
1.remedy miscarriage of justice 2.remove stigmata of conviction 3.mitigate a penalty |
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how many juvenile offenders are there |
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Definition
74 million with 1.5 million arrest a year |
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what is the concept called |
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Definition
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in the puritan era who's fault was it |
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Definition
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the refuge period 1824-1899 |
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house of refuge- half prison half school reform schools could be triad as adults |
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first separate in Chicago less adversarial separation from adults now called delinquents |
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extended 14th amendment of due process notice of charges right to counsel right to confront and cross protection against self incrimination |
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juvenile rights period 1960-1980 |
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Definition
attacked extensive discretion kent v us 1966 in re gault 1967 in re winship 1970 mckeiver v penn 1971 breed v jones 1975 |
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crime control period 1980-2005 |
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Definition
schall v martin 1984- court halts juvenile system towards adult reaffirmed parens patriae |
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kids are different 2005-now |
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Definition
miller v alabama and jackson v hobbs 2012 the courts bar manditory sentancing for juveniles offenders to life w/o parole recognizing capacity for change distinguished difference between them and adults |
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4 categories of juvenile jurisdiction |
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Definition
1.deliquancey 2.status of offenses 3.neglect 4.dependency |
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proceedings begin with what |
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Definition
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45 states allow waiver to adult court |
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juvenile records remain sealed |
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dispositional hearing to see if found delinquent rehab is only goal |
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goal to avoid incarceration if possible |
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