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customs that we're used to; like texting etiquette or greetings
the usual things that we're used to in social norms, like shaking someone's hand |
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| example is having an affair or polygamy; it's not acepted in society |
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the custom of atonement for wrongs against a victim, by payment to appease the victim's family
example: if you kill person, we'll give you goats/property/etc
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| act designed to repay (as an injury) in kind to get revenge, popular in early primitive societies but it has influenced development of most legal systems |
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| prolonged series of retalitory/vengeful/hostile acts or exchange of such acts - usually victim's faimily took revenge on offender's family |
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1750 BC
written on a big rock with carved laws/findings of what was right/wrong and what you can/can't do
half of the code started adjusting punishments like eye for an eye or tooth for a tooth
explained what marriage relationships and family should be like in relation to money and wealth and control |
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greek oral law
extended the code of hammurabi so that the wrongs could be in court where everyone can talk about what's happening and decide what's best for the public's good. punishments were very harsh (usually death) the code was "written in blood"
anyone whose status was better than their creditor who can't pay back will be their slave |
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roman code
similar to the other codes, they created tablets where the laws were written. intended to be the sole source of law that everyone should follow. |
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determines whether someone was a witch or controlled by the devil.
they put you in a tub of water w/ weights: if the water accepts you/drowns you, then you're not controlled by the devil, but if you float and sruvive, then you're controlled by the devil, and they burn you anyways |
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| people are directed by their own responsibilities, not necessarily the devil |
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replaced weregild
practice of paying restitution for crime to both the victim and the crown with fines, victim disappears from CJS
(king is responsible for justice, not families) |
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wrote an essay on crime/punishment in 1764 which said maybe we should correct behavior (how our system is now).
punishment should have preventive & retribution functions. should be effective and prompt. crime isn't just an injury to individual, but society as well.
his larges points: innocent until proven guilty, right to not self incriminate (5th), right to employ counsel (6), prompt speedy trial and trial by jury (6) |
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a workhouse created for the employment housing of London's unemployed or underemployed working classes.
inspired Britain to open these houses in every county by 1576, Dutch began building them in Holland 1596.
workhouses were based on work ethic; trying to get people "out of sight, out of mind" |
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abanadoned/unstable transport ships anchored in rivers/harbors that confine criminal offenders
-they were intended as a temporary solution, but they weren't completely abandoned until 80 years later |
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the system of prison discipline using isolation or solitary confinement with both a work requirement and moral and religious instruction
-early prison requiring inmate silence, individual cells, and inmate labor in those cells |
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prison model consisting of small individual cells (for sleeping only), large work area for group labor, and enforced silence. became the pattern for more than 30 states prisons
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in Philly
first penitentiary created by the Quakers
-first time there was a bail concept
those who were wrongfully held could get paid
free food, no fees to be fed like other prisons before that |
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| prison designed to enforce penitence and prisoner anonymity, with individual manual labor in inmate cells |
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| lines of inmates marching closely behind their leader with hands on top of shoulders or under the armpits. requires shuffling and muteness in march from one area of prison to another |
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| a mill worked by inmates treading on the periphery of a side wheel having a horizontal axis and used in prison as punishment |
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| a period of confinement with specified minimum and maximum length, allowing a parole board to release the inmate when rehabilitation has been achieved |
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1st built in NY
institution for younger offenders that requires education/tradining, conditional release and potential revocation of parole |
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| the hiring of inmates to perform work details managed by private entrepenuers either while out of or still incarcerated in prison facilities |
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| any penal institution whose main objective is the use of inmate labor to produce marketable products for prison profit |
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| federal legislation that forbids the manufacture and transportation of prison goods by convicts/prisoners |
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| federal legislation requiring "truth of manufacturing, transportation and interstate shipment of prison-made goods" by requirement that the packages to be plainly and clearly marked |
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| supermax island prison for inmates in San Fran bay area and part of US bureau of prisons, until its closing |
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| term denoting overconcentration of prison adminstrators with security and community protection, to be accomplished through extensive use of locks, head counts, internal control of inmates |
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| systematic body of ideas and practices that pertain to the processing of offenders |
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| getting even with the offender who has violated rights of others & deserves to be punished |
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| preventing potential criminal behavior by making examples of offenders openly; the message here would be: see what will happen to you if you commit a crime |
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| punishing individual offenders to prevent their further criminal behavior |
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| depriving offenders of the ability to commit additional crime, usually through imprisonment |
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| literally means using treatment to restore an offender to levels of social functionin not yet attained, seeks a change in behavior |
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| offenders are unfortunate persons whose education, training, and discipline are inadequate; offenders should be sent to an educational penal institution for reform |
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| model that sees the causes of crime lying within the individual and stresses providing traetment and therapy until the offender is well. leadesr in the medical model were sanford bates & federal bureau of prisons |
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| doctrine that assumes crimes are caused by the community resources should be garnered and proved by local agencies to prevent recidivism |
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| minimizing offender processing through the justice system by imposing treatment, supervision and referral of offenders to service providers outside of the justice system |
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| judge imposed fixed term of incarceration with the expectation the inmate will serve that amount of time |
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| a relatively minor violation of the criminal law, usually punishable by no more than 1 year |
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| serious criminal violation, sometimes punishable by death or sentence of at least 1 year in prison |
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| punishment intended to repair the damages done by the offenders crimes against the victim and community |
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| process by which the defendant agrees to plead guilty for prosecutorial consideration |
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| difference between both types/lengths of sentences imposed for the same crime or seriousness of crimes when there's no legal basis that can be identified to explain this difference |
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| sentencing ideology that stresses any punishment to be applied must be dependent on the culpability of the offender and the seriousness of the offense |
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| document prepared by the agent of the court that investigates the offenders background for judicial determination of punishment |
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| petition to higher courts to reverse procedures and protect offenders based on due process issues |
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| administrative sentencing |
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| process by which the actual length of the sentence is left up to administration of correctional system as seen in such processes as "good-time credit", probation, parole, and program participation; the actual sentence served is set by the executive branch rather than the judicial |
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| administrative mechanism reducing sentence length by crediting inmates for good behavior, extra-work, or other statutory policies |
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| the formal or even informal violation of the civil rights of the accused that leads to incapacitation or other unjustified punishment |
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| legal requirement that constitutional rights of the accused and correctional clients will conform to guaranteed constitutional protection minimums |
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| the process of raising additional legal questions in other courts but before case disposition |
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| the second trying of a suspected offender for the same crime as originally charged |
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| highest appeal court having juridiction within that particular geographical areas |
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any higher court with post-conviction authority;
any court authorized to treat with contempt decisions made by the lower court |
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| to send a case back to the tier of fact for considerations not contrary to the appeal courts order |
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| appeal court's order to cease acting, operating, or arranging in a manner contrary to the usual |
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| appeal court's decision that due processes haven't been violated by the government |
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| a judicial order demanding that another person holding an inmate to produce the same in court, and to justify continued imprisonment |
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| a judicial order requiring the recipient to conform to the court's decision |
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| a court sentence to release the offender to the community under supervision with possible revocation of sentence if conditions warrant |
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| privilege to avoid punishment by the offenders relocation to a sacred city/location |
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| the exclusion of offenders from the death penalty if able to read particular segments of ancient texts |
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| risk and needs assessments |
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instruments used to determine the probability of recidivism or future criminal behavior
risk assessment: criminal history, financial situation, alcohol/drugs, education, employment, etc |
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| US supreme court decision that held probation is a privilege not a right but once granted, the probationer has an interest in remaining on probation |
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| concept that the probation officer si asked to communicate with victims and the community, hold the offender accountable and improve leadership of probation |
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| options for controlling the number of inmates being sent to prison |
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| strategies for reducing prison population overcrowding by early release programs, such as parole shock parole and expanded good time credits |
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| relies on an inference, like finding a fingerprint |
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| assure someone goes to court |
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individual recognizance bond
usually if its a misdemeanor or small class felony |
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cash bond
you dont see it often in IL
usually in large narcotics cases |
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not a full blown trial
just proves that the person did what they did |
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if the grand jury finds probably cause
-formal charge of the crime |
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when the juge finds probably case
now the case is in the system and it goes to chief judge
then happens the arraignment |
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| when all witnesses and evidence goes to the defense attorney so they can evaluate the case |
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| motions in limine or pretrial motions |
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| the judge rules certain evidence can't be used at trial because it wasn't obtained correctly or with probable cause |
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| right from illegal searches and seizures |
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| use against from self incrimination |
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the group of individuals who could be selected to be on the jury
attorneys get to question each individual which is called viore dire |
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someone gets kicked off jury because they're sleeping etc
each side has 7 pre-emptory challenges |
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| state calls the witnesses and circumstantial evidence |
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| they have a chance to give their evidence if they want to state then defendant then state gets to do rebuttal |
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| if you commit a robbery, then you have to pay back the individual |
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| posession of controlled substance |
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| delivery of controlled substance |
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| 3-7 years (delivery of controlled susbtance) |
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(with a weapon, serious injury, mentally challenged/kids/elderly)
class 3 felony
great bodily harm: class 2 felony |
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| aggravated battery specifically to a child |
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insanity
mutual combat
self defense
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| mudrer for hire, conspiracy, torture |
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trial -> sentence -> appellate court -> court of appeal
-> state supreme court |
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| of all of the cases that have gone through the courts, supreme court says no |
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| petition that says either i'm truly innocent and have new evidence to help prove it |
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lessening force
(makes it less severe) |
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making condition/force
intensifying the negative |
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| victims tell their story and how the crime affected them |
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jail = less than 1yr sentence (only misdemeanors)
prison is everything ++ |
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3 and 5 years
-so only serving 5 years
serving both sentences at the same time |
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3 years for one crime, then 5 after that for other
(in IL!) |
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