Term
| How many DNA exonerations have there been nationwide since 1989? |
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Definition
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Term
| Which race is most often wrongfully convicted? |
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Definition
| Blacks, then whites, then Latinos |
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Term
| Explain how we are just "scratching the surface" at correcting wrongful convictions. |
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Definition
The cases that were finally solved were only solved because the verdict was based on DNA evidence. There are tons of wrongful convictions where DNA wasn't a factor in the case, which makes them difficult to correct.
Also, for older cases, DNA evidence has been destroyed |
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Term
| What is the wrongful conviction rate? |
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Definition
| 3-6% of cases have wrongful convictions as outcomes |
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Term
| What are the Top 3 Causes for wrongful convictions? |
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Definition
1.) Eyewitness Error (79%)
2.) Forensic Science Errors (60%)
3.) False Confessions (24%)
Tunnel Vision is in virtually every case, too! |
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Term
| What type of evidence is the most persuasive to jurors? |
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Definition
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Term
| Explain how Suggestiveness can be used to sway an eyewitness's decision. |
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Definition
If a lineup is administered by someone who knows the identity of the suspect, there is a possibility that the administrator could suggest the suspect in some way
Usually unconscious and subtle |
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Term
| What is Relative Judgment? |
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Definition
This is the tendency to select the person in a lineup who looks MOST like the perpetrator RELATIVE to the other members in the lineup.
"Second best pick." |
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Term
| Explain the relationship between eyewitness confidence and accuracy. |
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Definition
It doesn't matter!
A confident eyewitness is no more likely to be right than an unconfident one
Confidence can be inflated from pretrial to trial due to court faculty or the public |
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Term
| Name Three Ways that can improve eyewitness procedures. |
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Definition
1.) Amend standards for when eyewitnesses enter court to minimize juror persuasion
2.) Expert testimony
3.) Police Identification Procedures (double blind, sequential lineup, assess and record confidence immediately) |
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Term
| What is a Sequential Lineup? |
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Definition
Instead of a lineup array, show the eyewitnesses the suspects one at a time so that they can't judge relatively from suspect to suspect
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Term
| What was the main cause of the wrongful conviction of Chris Ochoa? |
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Definition
The lawyer was just making up evidence against Ochoa for some reason. Because he was an awful human being.
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Term
| What are the 2 Main Causes of False Confessions? |
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Definition
1.) Pressure on police to solve crimes and protect the public
2.) High pressure interrogations |
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Term
| What is the Reid Technique? |
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Definition
This is a method to get a confession out of a suspect. It's an alternative to physical abuse! But it uses psychological abuse instead!
Isolate
Cut off hope/any attempt at explaining themselves
Implicit threats/promises |
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Term
| Explain the case of Robert Lee Stinson, and explain how his case shows how little we know about |
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Definition
Was wrongfully accused of murder based on horrible odontological evidence from a bite mark on the victim
This shows that forensic evidence that isn't DNA testing is flawed |
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Term
| What are Bifurcated Proceedings? |
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Definition
The "two-pronged" process of convicting and sentencing an offender
1.) Guilt-finding stage (Trial)
2.) Sentencing Stage |
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Term
| Who are the two decision-makers in the sentencing process? |
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Definition
1.) The Courtroom Workgroup
2.) The Judge (ultimately) |
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Term
| What are the 4 Objectives that Guide Sentencing Philosophy? |
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Definition
1.) Individual Character of the Offender
2.) Uniformity -> difficult!
3.) Certainty in Sentencing
4.) Goal of Punishment
GUCI |
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Term
| What is the most commonly used sentence? |
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Definition
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Term
| What are the 4 Things that Influence the Sentencing Decision by a Judge? |
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Definition
1.) Pre-Sentence Report by Social Worker/Probation Officer
2.) Sentencing Guidelines
3.) Attitudes/Values of Judge
4.) Administrative Context of Courts |
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Term
| What are the 3 Types of Sentencing? |
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Definition
1.) Indeterminate Sentences
2.) Determinate Sentences
3.) Mandatory Sentences |
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Term
| What are Indeterminate Sentences? |
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Definition
The are a function of the characteristics UNIQUE to the offender!
Tailoring! Individualization!
A range of time is established
Gives the JUDGE discretion! |
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Term
| What are the 3 Factors in giving an Indeterminate Sentence? |
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Definition
1.) Seriousness of Offense
2.) Prior Record
3.) Pre-Sentence Report |
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Term
| What is a Determinate Sentence? |
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Definition
Given for the TYPE of crime
Stresses UNIFORMITY
Limited Judge Discretion!
Presumptive Sentencing |
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Term
| What is a Mandatory Sentence? |
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Definition
Establishes a minimum sanction that MUST be served upon conviction
NO DISCRETION! Only guidelines
Ex.) Three Strikes Law
Ex.) Truth in Sentencing Laws |
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Term
| What is the Truth in Sentencing Law? |
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Definition
These are laws that require offenders to serve a substantial proportion (85%) of their prison sentence before being released on parole
Increases prison populations, though! |
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Term
| When did the Death Penalty see a huge increase and why? |
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Definition
Death Penalty usage increased in the 1990s when the "Tough On Crime" campaign was underway.
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Term
| Which race is most commonly found on death row and why? |
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Definition
White people! But this is due to population proportions, though.
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Term
| How long does it take for a death sentence to make it to execution? |
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Definition
About 178 months (14ish years)
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Term
| Are people generally in favor of the death penalty? |
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Definition
55% were IN FAVOR when given no alternatives
45% were IN FAVOR with alternative of life in prison |
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Term
| What did Furman VS. Georgia (1972) do for the death penalty? |
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Definition
This arose from problems in the WAY that the death penalty was carried out
PROCEDURAL factors were the reasoning in why the death penalty was banned for awhile |
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Term
| What were 2 Solutions that could alleviate the issues that Furman VS. Georgia (1972) pointed out about the death penalty? |
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Definition
In order to fix procedural errors:
1.) Narrow jury discretion by providing guidelines
2.) Legislator could define a class of crimes that have death as a mandatory sentence |
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Term
| What did Gregg VS. Georgia (1975) do for the death penalty? |
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Definition
This brought back the death penalty after Furman VS. Georgia got rid of it.
They defined a new procedure, however:
1.) Separate proceedings: Guilt and Sentencing (Bifuracted)
2.) Jurors must weight Statutory (Aggravating) and Nonstatutory (Mitigating) Factors
3.) There must be opportunities for appeal |
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Term
| What were the effects of the established procedures of Gregg VS. Georgia (1975)? |
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Definition
Constitutionality of the death penalty
Decline in clemency (mercy)
Post-Gregg Trial -> Highly technical and lengthy as a result of these new procedures |
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Term
| In what 3 groups of people is the Death Penalty limited? |
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Definition
1.) Mentally Ill (Ford VS. Wainwright)
2.) Juveniles (Roper VS. Simmons)
3.) Mentally Disabled (Atkins VS. Virginia) |
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Term
| Can we treat the mentally ill so that they are "ready" and sane enough for execution? |
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Definition
Yes, we can! Despite the fact that this would make them better fit for society at last, we do this!
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Term
| What did Whitherspoon VS. Illinois (1968) challenge, and what was the result? |
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Definition
Should people who are opposed to the death penalty be EXCLUDED from juries in capital cases?
Result -> NOPE. Not automatically. But there is Voir Dire in jury selection, so there's always that. |
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Term
| What percentage of people are IN FAVOR of the death penalty in cases of murder? |
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Definition
Only 31%
62% are opposed (2011) |
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Term
| What are the 4 Common Characteristics of Alternatives to Incarcerations? |
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Definition
1.) Residential Stability
2.) Professional Services
3.) Accountability
4.) Economic Efficiency |
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Term
| What is the most common form of an Alternative to Incarceration? |
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Definition
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Term
| What did United States VS. Knights (2001) establish for probation? |
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Definition
Warrantless searches for people on probation IS constitutional. Police searches are valid without a warrant OR probable cause (should have SOME suspicion, though)
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Term
| What did Minnesota VS. Murphy (1984) establish for probation? |
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Definition
| Unlike a physician-patient or lawyer-client relationship, the relationship between a Probation Officer and a Probationer is NOT confidential! A Probation Officer can turn in information to the police or courts at any time. They can also use psychological trickery to get information, and it's all okay! |
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Term
| What are the 2 Reasons for Revocation and Termination of a probationer? |
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Definition
1.) Technical Violations
2.) New arrest |
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Term
| What is referred to as "the vacuum of punishment?" |
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Definition
Intermediate Sanctions
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Term
| What are the 3 Judicial Intermediate Sanctions? |
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Definition
1.) Fines
2.) Restitution
3.) Forfeiture |
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Term
| Explain the role of Fines in the system and the controversy surrounding them. |
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Definition
Judges often pair Fines with other forms of punishment. It is a concern that affluent offenders will just "buy" their way out of crime instead of actually being punished.
Europe uses A LOT of fines in their systems. They control for the income variability of the criminals by exacting a "day fine" where they base the fines on the offenders' incomes accordingly. AWESOME. |
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Term
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Definition
Paying the victim for damages from the committed crime
Usually for property crimes where the amount that needs to paid can easily be measured |
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Term
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Definition
This is the government seizure of property and other assets derived from or used in criminal activity
Controversial! Does this violate rights? |
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Term
| What are the 5 Kinds of Intermediate Sanction? |
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Definition
1.) Work Release - from prison
2.) House Arrest
3.) Electronic Monitoring
4.) Halfway Houses
5.) Day Reporting Centers - urine tests! |
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Term
| What is the most common form of "Shock Incarceration?" |
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Definition
Boot Camps
These follow the belief that young offenders can be SHOCKED out of doing any more criminal activity. They reinforce self-esteem, respect for authority, discipline, and some even have job-training programs for after the boot camp is over.
Lots of criticism. Not that much lower recidivism rates. |
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Term
| What is a Problem-Solving Court, and what triggered them? |
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Definition
These are courts that aim to address particular social problems or troubled problems to lower recidivism rates. Examples include Mental Health courts, Domestic Violence courts, and Drug Courts.
They were a response to the Revolving Door Phenomenon. There needed to be more acknowledgment of the individual. |
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Term
| What is the Revolving Door Phenomenon? |
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Definition
People just keep coming back to prison! High recidivism rates pull them back in. This happens most often in drug courts since addiction is ongoing
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Term
| How is the Traditional Approach different from the Problem-Solving Approach? |
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Definition
The Traditional Approach follows the ADVERSARIAL process where the CASES are at the focal point. The Judge acts as the ARBITER. It follows strict LAWS.
The Problem-Solving Approach follows a COLLABORATIVE process with the PEOPLE as the focal point. The Judge is a COACH. It follows the SOCIAL SCIENCES. |
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Term
| Out of 10 prisoners currently incarcerated, how many will be released someday? |
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Definition
9/10 prisoners will be released someday.
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Term
| What are the 2 Realms of Punitivity? |
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Definition
1.) Realm of Legislator's Decision and Subsequent Punishment
2.) Realm of Society's Perception of Legislator's Decision and Subsequent Punishment |
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Term
| What are the 3 Goals/Models of Incarceration? |
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Definition
1.) Custodial Model
2.) Rehabilitation Model
3.) Reintegration Model |
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Term
| What is the Custodial Model? |
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Definition
This developed during the 1950s
Emphasizes TREATMENT for reforming the offender
Very few prisons conform to this model today ): |
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Term
| What is the Reintegration Model? |
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Definition
| This emphasizes maintaining the offender's ties to family and the community as a method of reformation. They recognize that the offender will be released someday, and keeping these ties is key to lowering prisonization so that release and adaptation to society is as smooth as possible. |
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Term
| What is the Age majority in prisons? |
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Definition
Mostly younger people (25-34)
Neurobiology and impulsivity explains this |
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Term
| What Type of Offense is the majority in prisons? |
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Definition
| Mostly VIOLENT crimes. Then drug crimes. |
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Term
| What percent of prisoners are rearrested within the FIRST YEAR after release? |
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Definition
44% of prisoners will be rearrested with the first year of arrest
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Term
| What percent of prisoners return to prison within THREE YEARS after release? |
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Definition
25% of prisoners will return to prison within three years of release
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Term
| What is the incarceration rate of the mentally ill compared to that of the general population? |
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Definition
The incarceration rate of the mentally ill is FOUR TIMES that of the general population
They are also more likely to recidivate |
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Term
| Explain the story of the "Criminalization of Mental Illness." |
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Definition
In the 1980s, the government closed state-run hospitals (Horror Houses - think AHS), which meant that not many people were getting their antipsychotic medications.
Without their proper treatment, they commit crimes! |
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Term
| Explain what the The German Strafvollzugsgesetz is and why it's so much better than how American prisons are run. |
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Definition
It's a law that regulates prison sentences
Prison sentences in Germany have a main goal of reintegration in society. They want to minimize prisonization, and they want to almost replicate prison-life with real-life so that adaptation goes as smoothly as possible. |
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Term
| When was the first Juvenile Justice System established? |
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Definition
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Term
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Definition
This is the guiding principle of the Juvenile Justice System
It means "the state acts as a parent." |
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Term
| What are the 3 Types of Offenses/Cases the Juvenile Justice System handles? |
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Definition
1.) Criminal Offenses (Delinquency)
2.) Status Offenses
3.) Dependency/Neglect Cases |
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Term
| What is a Status Offense? |
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Definition
These are offenses that are only applicable to juveniles.
Ex.) Curfew, drinking |
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Term
| Differentiate between a Dependency Case and a Neglect Case. |
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Definition
A Dependency Case is when a child has NO PARENT/guardian or they have parents who cannot give proper care (They WANT to but CAN'T)
A Neglect Case is when a child receives inadequate care because of action or inaction of the parents (they COULD but they DON'T WANT to) |
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Term
| What is the nature of Juvenile Proceedings? |
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Definition
Juvenile proceedings are CIVIL in nature
More problem-solving process
The crime could just be a symptom of a larger issue |
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Term
| What is the most commonly committed crime for a juvenile to commit? |
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Definition
Theft/Property crimes are the MOST COMMON.
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Term
| What is the crime that has the most juvenile arrestees? |
|
Definition
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Term
| When was the concept of "Childhood" brought into being? |
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Definition
Around the early 19th Century.
This concept entailed that children/adolescents are less culpable than adults and more susceptible to change/correction than adults |
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Term
| What did the Common Law establish in the context of Juvenile Justice? (3 Things) |
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Definition
1.) Common Law established that children should be treated differently from adults
2,) Children under 7 years of age were INCAPABLE of FELONIOUS (not able to form intent)
3.) Children aged 7 to 14 ARE ACCOUNTABLE if they understood the consequences of their actions (Immaturity Gap)
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Term
| When was the Juvenile Rights Period, and what change did it bring about for the Juvenile Justice System? |
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Definition
1960-1980
Increased rights for juveniles so that they matched adult rights
In re Gault (1967)
In re Winship (1970) |
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Term
| Within the Juvenile Rights Period, what did In re Gault (1967) establish? |
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Definition
This was a decision that decided that juveniles were entitled to DUE PROCESS rights
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Term
| Within the Juvenile Rights Period, what did In re Winship (1970) establish? |
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Definition
This was a decision that decided that PROOF MUST BE ESTABLISHED beyond a reasonable doubt before the label "delinquent" was applied to a young offender
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Term
| What did McKeiver VS. Pennsylvania (1971) establish? |
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Definition
This established that juveniles do NOT have a right to a jury trial since it's not CRIMINAL, it's CIVIL.
No reason to have a jury trial! |
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Term
| Within the "Kids are Different" Period, what did Roper VS. Simmons (2005) establish? |
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Definition
No death penalty for anyone under 18 AT THE TIME OF THE CRIME
In 20 years, once the paperwork is all settled for the death penalty, they STILL CAN'T BE EXECUTED! |
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Term
| Within the "Kids are Different" Period, what did Graham VS. Florida (2010) establish? |
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Definition
Juvenile offenders CANNOT be sentenced to life in prison WITHOUT some realistic opportunity for parole for NON-HOMICIDE OFFENSES
(No life without parole for non-murderers) |
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Term
| Within the "Kids are Different" Period, what did Miller VS. Alabama (2012) establish? |
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Definition
Juveniles CANNOT be given mandatory life sentences REGARDLESS OF CRIME
(This fortified Graham VS. Florida by saying "No, even if they did commit murder, it's unconstitutional to give kids a life sentence.") |
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Term
|
Definition
Diversion is the process of streaming children out of the system without a decision by the court
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Term
| In what percent of juvenile cases are charges DISMISSED? |
|
Definition
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Term
| In what percent of juvenile cases are kids diverted to INFORMAL PROBATION? |
|
Definition
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Term
| What does it mean when people say that juvenile "crime" is ubiquitous? |
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Definition
| We've all done SOMETHING like a petty crime in our youth |
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Term
| Explain how Diversion widened the net for the system? |
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Definition
In the past, without diversions, we simply screened out kids who were deemed not at-risk, and off they went.
BUT NOW, more kids are being brought into the system since we can divert them into different kinds of corrections, programs, etc.
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Term
| When can a juvenile be Waived into Adult Court? |
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Definition
The judge may waive a juvenile to adult court PRIOR TO ADJUDICATION
(Judicial Waiver) |
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Term
| In some states, a juvenile case may be DIRECTLY waived into adult court. What is the Waiver called in this case? |
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Definition
Prosecutorial Waiver
No hearing at all, which is different in the Judicial Waiver scenario.
The Defense can file for a Reverse Waiver to get the kid back into juvenile court |
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Term
| What is Statutory Exclusion? |
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Definition
| Many states have this! This is when legislators have mandated that certain cases are AUTOMATICALLY processed in adult court |
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Term
| What percent of juveniles are waived into adult court? |
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Definition
Only 1-2% of juveniles are waived into adult court
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Term
| What did Breed VS. Jones establish for juveniles? |
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Definition
Protects juveniles from double jeopardy!
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Term
| What did Schall VS. Martin establish for juveniles? |
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Definition
Juveniles can be held in preventive detention if there is concern that they may commit additional crimes while awaiting court action
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Term
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Definition
Person In Need of Supervision
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Term
| What is a detention hearing? |
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Definition
This is a hearing that determines if the juvenile should be released or detained prior to adjudication. Are they at risk for recidivating? No? Let them go home for now until their fate is made.
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Term
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Definition
| This is the juvenile justice equivalent of parole |
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