Term
Historical Information (types of cases included)
(Courts) |
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Definition
Cases involving moral charges tended to dominate the courts.
Religion and Sex! Laws were reproductions from the Bible.
Religious based offenses included heresy, witchcraft, blasphemy, Quakerism, and violation of the Sabbath.
Women were often singled out as criminals for violating laws of servitude and compliance.
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Term
Federal versus State Courts (percent heard at each level)
FEDERAL
(Courts) |
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Definition
Federal and State Courts have concurrent or co-existent jurisdiction
Decide cases involving the U.S. government, the U.S. Constitution, acts of Congress, controversies between states, disputes between states and between citizens of different states.
U.S. Supreme Court (1 Chief Justice and 8 Associate Justices)
Decides about 100 or fewer of some 5,000 or more cases asked to review each year
(Fewer than 1% heard at federal level)
- Usually only accepts cases involving important interpretations of the Constitution or acts of government
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Term
Federal versus State Courts (percent heard at each level)
STATE
(Courts) |
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Definition
98% of all cases are heard at the state level
No two state court systems are completely alike.
State judges are appointed or elected
Bench trial versus a jury trial
Because of congestion, it is not uncommon for jailed defendants awaiting trail to get time served when they come up for trial.
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Term
Rights to Counsel What are the 3 major cases
(Courts) |
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Definition
- Powell v Alabama (1932): defendant has the right to counsel in cases where the DP might be imposed.
- Gideon v Wainwright (1963): defendant has the right to counsel in accused of a felony.
- Argersinger v Hamlin (1972): defendant has the right to counsel if accused of a misdemeanor if jail time may be imposed.
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Term
Public Defender and % of Felons
(Courts) |
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Definition
a lawyer appointed to represent people who cannot afford to hire an attorney
(80%) |
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Term
Plea bargaining (% of case)
(Courts) |
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Definition
an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor.
(90%-95%) |
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Term
Burdens of Proof
(Courts) |
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Definition
Looking for legal guilt: the government has proven the defendant’s guilt and criminal responsibility beyond a reasonable doubt.
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Term
Criminal Trial process and terminology
(beginning of a trial) |
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Definition
The defendant is presumed innocent. The prosecution must prove every element of the crime. The defendant does not have to prove innocence.
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Term
Criminal Trial process and terminology
(jury terminology and fair/impartial case) |
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Definition
Jury must be free from unfair influences (for example: Estelle v Williams; the Court determined that the defendant was unfairly prejudiced because he was tried while wearing prison clothing).
Often, in sensational cases, having a “fair” and “impartial” jury is problematic.
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Term
Criminal Trial process and terminology
(Types of Evidence) |
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Definition
There are 4 types of evidence: real evidence, testimonial evidence, direct evidence, and circumstantial evidence
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Term
Criminal trial process and terminology
(Real Evidence)
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Definition
Objects of any kind such as weapons, clothing, fingerprints, etc. (must be orginial)
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Term
Criminal trial process and terminology
(Testimonial evidence) |
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Definition
Statements of competent, sworn witnesses. must be accompanied by real evidence
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Term
Criminal trial process and terminology
(Direct evidence) |
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Definition
Observations of eyewitnesses.
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Term
Criminal trial process and terminology
(Circumstantial evidence) |
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Definition
- Information that tends to prove or disprove a point by influence
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Term
Unamious Verdict
(Criminal Trial process and terminology) |
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Definition
If the jury is deadlocked, the court may declare a mistrial which places the defendant in the same position as if no trial had occurred and a new trial may commence.
. If this happens, and the jury renders a verdict of guilty, then the judge may either accept the jury verdict or direct a verdict of not guilty.
- The defense may make a motion for a judgment of acquittal before or after the jury convenes. The motion is based on the argument that the evidence is not sufficient to support a guilty verdict. If the defendant is found guilty, the defense may make a motion for a new trial.
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Term
Amendment assoiciated with trial
(Criminal Trial process and terminology) |
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Definition
(Amendment 6) The Right to a Fair and Impartial Jury is Required by the Sixth Amendment
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Term
The case that deemed to only allows a free attourney with first appeal
(Appeals process and terminology)
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Definition
Supreme Court stated Ross vs. Moffin that he/she does not have the right to a free attourney to appeal a conviction to the Court of last resort (state or national supreme court) |
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Term
Appeals process and terminology
(writ of habeus corpus) |
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Definition
An ancient common law device that permits judges to review the legality of someones confinement
A person who have been convicted of a crime, has exhausted all normal appellate remedies, and is confined to prison may still challenge the conviction, sentence, or conditions of confinement by filing a petition for a _______
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Term
(Sentencing and Punishment)
The two types of sentences include: |
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Definition
Determinate or flat-time: sentence whose length has been fixed by statute. No discretion involved.
Indeterminate: allows a judge to impose a minimum sentence and leaves the decision for release with the parole board or other administrative agency.
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Term
What is Determinate
(Sentencing and Punishment) |
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Definition
flat-time: sentence whose length has been fixed by statute. No discretion involved.
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Term
What is Indeterminate
(Sentencing and Punishment) |
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Definition
| It allows a judge to impose a minimum sentence and leaves the decision for release with the parole board or other administrative agency. |
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Term
(Sentencing and Punishment)
The 7 Goals of Punishment include: |
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Definition
- Retribution
- Deterrence
- Rehabilitation
- Incapacitation
- Reintegration
- Restitution
- Restoration
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Term
(Sentencing and Punishment)
Retribution |
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Definition
Punishment must avenge/retaliate for harm or wrong done to another
Code of Hammurabi (18th century); Law of Moses (“eye for an eye”)
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Term
(Sentencing and Punishment)
Deterrence |
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Definition
Certain, swift, and severe punishment can discourage future crime by the offender (specific) and others (general)
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Term
(Sentencing and Punishment)
Rehabilitation |
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Definition
Providing psychological and/or education assistance or job training to offenders makes them less likely to engage in future criminality; based on the notion that people can change.
The key to change is treatment: counseling, education, training, etc. |
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Term
(Sentencing and Punishment)
Incapacitation
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Definition
Separate offenders from the community to reduce the opportunity for further crime while incarcerated.
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Term
(Sentencing and Punishment)
Reintegration
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Definition
Recognize that over 90% of offenders will eventually be released back into society; many will have a very difficult time transitioning back into society.
Must readjust to families, work, and the label “ex-con”
Something must be done to help them make the transition from prison life back into society. |
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Term
(Sentencing and Punishment)
Restitution
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Definition
Offender repays the victims or the community in money and/or services.
Designed as an alternative to incarceration but often incorporated as a condition of probation. |
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Term
(Sentencing and Punishment)
Restoration |
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Definition
(offenders repay or “restore” victims’ losses)
Provides a community protection: weighs public safety versus least costly, least restrictive correctional alternative.
Competency development: emphasizes remediation for offenders’ social, educational, or other deficiencies.
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Term
Amendment associated with punishment
(Sentencing and Punishment) |
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Definition
| The Eighth Amendment to the U.S. Constitution prohibits the federal government from imposing cruel and unusual punishment for federal crimes. The amendment states, "Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted." |
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Term
| (Sentencing and punishment) |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
(Sentencing and punishment)
Death Penalty |
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Definition
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Term
Death Penalty argumen for Public Opinion
(Sentencing and punishment)
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Definition
For: The majority of the American public supports use of the death penalty.
Against: A growing number of Americans support the sentence of life without parole over the death penalty. |
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Term
Death Penalty Argument for Retribution
(Sentencing and punishment)
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Definition
For: Only the taking of the murderer's life restores the balance and allows society to show convincingly that murder is an intolerable crime which will be punished in kind. it is proper to take an "eye for an eye" and a life for a life.
Against: emotional impulse for revenge is not a sufficient justification for invoking a system of capital punishment |
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Term
Death Penalty argument for Deterrence
(Sentencing and punishment) |
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Definition
For: if murderers are sentenced to death and executed, potential murderers will think twice before killing for fear of losing their own life.
Against: States in the United States that do not employ the death penalty generally have lower murder rates than states that do. |
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Term
Death Penalty argument for Incapacitation
(Sentencing and punishment)
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Definition
For: 100% effective because removes the opportunity to commit another crime
Against: life without parole is sufficient and enough to incapacitate |
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Term
Death Penalty argument for Cost of Death Penalty
(Sentencing and punishment)
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Definition
For: It is much cheaper to sentence someone to death rather than life in prison.
Against: cost the state 70% more per case , case costs $2.3 million more than incarceration in maximum for 40 years, and Cases resulting in life imprisonment average around $500,000 each |
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Term
Decisions to seek Death Penalty
(Sentencing and punishment)
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Definition
The prosecution has a 1 in 3 chance of returning a death sentence.
There is a 1 in 4 chance that sentence will be overturned
There is a 2 in 4 chance the person will die of natural causes or prison related death (not execution)
There is only a 1 in 4 chance that person will be executed (8%) |
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Term
Death Penalty argument for Closure
(Sentencing and punishment)
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Definition
For: execution brings closure to the murderer's crime and closure to the ordeal for the victim's family.
Against: Using an execution to try to right the wrong of their loss is an affront to families and only causes more pain. |
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Term
Historical information
(Jails and Prisons) |
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Definition
Early jails consisted of drunks, prostitutes, thieves, robbers, orphaned children, and debtors, and people who did not agree with the Church of England.
The “shire-reeves” or sheriffs controlled the jails in their individual shires or localities.
Early jails operated on a fee system. Prisoners had to pay fees to the sheriff and the jail keepers
Corruption was common place; food, sanitation, and medical care were substandard, Conditions in jails were appalling.
Jails in colonial America were also very poor. Many jails held all types of offenders together in dormitories regardless of gender, age, or type of offense.
Separation of the most serious offenders from others and also by gender.
1790, also Philadelphia, institution known as 1st true correctional institution in American opened: the Walnut street Jail
Prisoners engaged in productive labor and male inmates were paid a daily wage to offset the cost of incarceration.
Most prisons were modeled after the concepts of the Walnut Street Jail.
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Term
1st jail
(Jails and Prisons) |
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Definition
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Term
Difference between jails in prisons
Prisons
(Jails and Prisons)
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Definition
local/state, felony offenders, stable population; rural areas; larger populations; more diverse programs.
a state or federal confinement facility that has custodial authority over adults sentenced to confinement
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Term
Difference between jails in prisons
Jails
(Jails and Prisons)
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Definition
operated by county, hold pre-trial detainees and those sentenced to less than a year, changing population, populated areas, smaller populations, limited programs.
local operated short term confinement facility
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Term
Purpose of jail
(Jails and Prisons) |
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Definition
- To enhance public safety by segregating those deemed a criminal threat to people and property.
- Affect some measure of positive behavior/attitudinal change.
- Serve as a form of punishment.
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Term
Purpose of prison
(Jails and Prisons) |
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Definition
| To punish, to protect, and to rehabilitate. |
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Term
Problems with Jail
(Jails and Prisons) |
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Definition
The words jail and crowding are inseparable.
Creates increased tensions, increased wear and tear on facilities and equipment, budgetary problems, and inability to meet program and service standards.
Problems created at all stages of the system.
Direct supervision is needed |
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Term
Problems with Jail pt 2
(Jails and Prisons) |
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Definition
Physically ill: infectious diseases, substance abuse, STDS, etc.
Alcoholics and drug addicts
Inmates with disabilities
Aggressive and assaultive inmates
Vulnerable inmates: because of size, appearance, history, etc.
Mentally ill
Sex offenders
Suicidal inmates
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Term
Problems with Prison
(Jails and Prisons) |
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Definition
Serious overcrowding
Riots and disturbances (seem to occur in waves/contagious)
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Term
security classifications and differences
(Jails and Prisons) |
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Definition
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Term
security classifications and differences
for Maximum
(Jails and Prisons) |
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Definition
confines 4,000 inmates and the smallest about 60.
Historically, immigrants and minorities.
Since the 1980s: MAXI-MAXI PRISONS |
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Term
security classifications and differences
for Medium
(Jails and Prisons) |
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Definition
Most intensive correctional and rehabilitative efforts are conducted in medium security prisons.
Similar in appearance to maximum security prisons. |
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Term
security classifications and differences
for Minimum
(Jails and Prisons) |
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Definition
Diverse facilities
Relatively open
Serve the economic needs of society and the institution
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Term
Prison Labor
(Jails and Prisons) |
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Definition
Learn discipline, accountability, job skills, and earn $ for compensation
1930s-1940s
1979: law passed to allow inmate labor
70% of all inmates perform work in prison; most involves maintenance of the facility itself
Only about 2/3 are paid for their work: average wage is less than 60 cents per hour.
Still hotly debated issue |
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Term
Women in prison (Statistics)
(Jails and Prisons) |
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Definition
women were punished for not being submissive, obedient, or chaste or for theft/begging. Required to cook, clean, sew, and be prostitutes for guards and other inmates because inmates were not separate for
women and men.
In 1980 there were just over 12,000 women in prison.
By 1997, that number had increased to almost 80,000.
Most women’s prisons are medium security prisons.
Most administrative and correctional officers are male which has led to sexual abuse and sexual favors.
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Term
Women in prison statistics 2
(Jails and Prisons) |
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Definition
1 in 3 women are in prison for drug related offenses
Women serving a sentence for a violent crime are twice as likely as men to have committed the crime against an intimate or relative.
57% of women inmates were physically or sexually abused in the past as compared to 16% of men. Of the 57% of women, 37% were abused before the age of 18.
75% of women in prison have at least one child; 66% of these children are under the age of 18 (200,000 children)
6% of women are pregnant upon admission to jail or prison (taken at birth and placed with relatives or welfare agency) |
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Term
Gang membership (factors associated with)
(Jails and Prisons) |
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Definition
Racial/Ethnic gangs
Racial solidarity
Geographical proximity
Political biases
Religious beliefs
Motorcycle machismo
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Term
Number of adults in jail/prison and on probation/parole
(Jails and Prisons) |
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Definition
2.5 million in jail and prison
7.5 million under correctional supervision (1/31 adults) |
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Term
What is Probation
(Jails and Prisons) |
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Definition
A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender as lon a the person meets certain conditions of behavior |
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Term
What is Parole
(Jails and Prisons) |
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Definition
the status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole
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Term
% of people released from prison or jail
(Jails and Prisons)
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Definition
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