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Any type of force must be _______________. |
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The 4th amendment states that every use of force is a ___________. |
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What test did Graham v. Connor establish? |
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What was the basis of Graham v. Connor? |
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Definition
To establish reasonableness of force |
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What was the basis of Garner v. Tennessee? |
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To balance an individual's rights versus public safety in cases of force |
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the set of informal values which characterize the police force as a district community with a common identity. |
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the abuse of police authority for personal or organizational gain |
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NYPD officer who agreed to testify only if he could protect his partners, but was eventually forced to testify against all of them |
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4 types of police corruption |
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Definition
gratuities, graft, sexual harassment, excessive force |
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items of value received by an individual because of his or her role or position, rather than because of a personal relationship with the giver |
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the exploitation of one's role by accepting bribes or protection money |
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when use of force exceeds that which is necessary to accomplish their lawful purpose |
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when an officer bends the rules to attain the "right" result |
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the practice of officers to not come forward when they are aware of the ethical transgressions of other officers |
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what do 1983 lawsuits ensure? |
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Definition
Due process of law so that no one is deprived of their civil rights |
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3 main impacts of corruption |
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Definition
1) credibility decreases 2) public fear/distrust 3) civil/criminal lawsuits |
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the division in a police department that investigates officers who are guilty of wrong-doing |
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what happens when there is department-wide corruption? |
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the FBI steps in and investigates |
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reviews the actions of police in areas such as arrests, search and seizure, etc. to ensure constitutionality |
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the early commission created to investigate allegations of widespread corruption of the NYPD |
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which commission replaced the Knapp commission? |
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What are the police training standards in MN? |
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Definition
Minnesota Peace Officer's Standards and Training Licensing Board |
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police working personality |
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Definition
the way police look at the world; their behavior while they carry out their missions, strategies, the law. |
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the federal agency charged with investigations for the Attorney General and with safeguarding national security |
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amount of force that could cause death or serious bodily injury |
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a civil suit brought under title 42, section 1983 of the US code against anyone who denies others their constitutional right to life, liberty, or property without due process of law |
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City of Canton, OH v. Harris |
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Definition
Harris was arrested and not given the proper medical treatment--blamed on "failure to train" liability |
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the Federal Law Enforcement Training Center is located where? |
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Definition
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a citizen with a cell phone camera has the 1st amendment right to record police actions in public places |
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Definition
increasing formalization of police work and the accompanying rise in public acceptance of the police |
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allegations that police search and seizures, traffic stops, field interrogations, and arrests are based on non behavioral factors related to race or ethnicity rather than suspicious behavior or probable cause |
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Definition
grants broad immunity to federal government agencies engaged in discretionary activities |
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gaining or developing information related to threats of terrorism or crime and using this information to apprehend offenders, harden targets, and use strategies that will eliminate or mitigate the threat |
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5 basic elements of the Federal Deadly Force Policy |
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Definition
defense of life, verbal warnings, vehicles, fleeing suspect, warning shots |
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Definition
allows the plaintiff to recover damages from the defendant |
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designed to disable, capture, or immobilize, but not kill |
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Board of County Commissioners of Bryan County OK v. Brown |
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Definition
Supreme court ruled that in order to establish liability, plaintiffs must show that municipal action was deliberately indifferent |
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Definition
active seeking of illicit money-making opportunities by officers |
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intelligence-led policing |
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Definition
collection and analysis of info to produce an intelligence end product |
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Definition
assessments of trends or developments of near or long-term importance to the US |
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warrantless arrest--law enforcement officials who reasonably, but mistakenly misuse probable cause are entitled to immunity |
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the use of physical restraint by a police officer when dealing with a member of the public |
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officers who accept payoffs that police work brings their way |
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Definition
the information compiled, analyzed, and disseminated in an effort to anticipate, prevent, or monitor criminal activity |
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the special responsibility to adhere to moral duty and obligation that is inherent in police work |
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the application of an amount of force greater than that required to compel compliance from a willing or unwilling subject |
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acts of corruption that occur to further the organizational goals of law enforcement |
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supreme court case that specified the conditions under which deadly force could be used to apprehend a suspected felon |
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what is the hierarchy of the federal court system? |
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Definition
1) district courts 2) court of appeals 3) supreme court |
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what is the hierarchy of state courts? |
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Definition
1) trial courts of limited/general jurisdiction 2) appellate courts 3) state supreme court |
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Definition
geographical area that uses the same set of laws |
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Definition
courts in which lawsuits begin, trials take place, and evidence is presented |
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the lawful authority of a court to review a decision made by a lower court |
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judges who support federal district judges by hearing and deciding minor cases at the district court level |
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Definition
formal written accusation submitted to a court by a prosecutor, alleging that a specified person has committed an offense |
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Definition
rules that govern practice and proceedings in a specific state court |
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a plea of no contest that subjects the defendant to punishment but is not an admission of guilt |
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held before a bond; defendant intends to avoid prosecution |
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where criminal cases begin |
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a proceeding before a judicial officer in which 3 matters must be decided: crime, jurisdiction, reasonable suspicion |
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authorized to hear only less serious criminal cases |
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in criminal proceedings, the defendant's formal answer in court to the charge |
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Definition
defendant agrees in writing to appear at future proceedings, but no money is involved |
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an agreement in which the defendant enters a plea of guilty in exchange for a reduced sentence in comparison to the sentence allowable for the charged offense |
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Term
what are the 4 components of the first appearance? |
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Definition
1) formal charges 2) advised of rights 3) lawyer?? 4) bail?? |
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Definition
a new trial or retrial at an appellate court in which the entire case is examined as though no trial had occurred |
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held that congress was justified in providing denial of bail to offenders who represent a danger to the community |
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a hearing to determine whether there is a direct link between a suspect and a crime |
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created by the US constitution to settle disputes between states and to have jurisdictions in cases where one of the parties is a state |
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a document guaranteeing the appearance of a defendant in court involving money/property |
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charging an individual with a specific crime as determined as probable cause by prosecuting attorney |
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substitute items of value in place of cash |
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a request for the supreme court to order up the records from a lower court to review the case |
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the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and reverse or modify it |
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a criminal proceeding at which the court informs the defendant of the charges being brought against them and defendant enters plea |
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Definition
low level courts focused on quality of life crimes and emphasize problem solving rather than punishment |
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the court authorized by law to hear the final appeal on a matter |
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a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community |
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when an appellate court finds an error in a case |
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group that hears charges against a suspect and decides whether there is sufficient evidence to bring the person to trial |
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Definition
the power of a court to review actions and decisions made by other agencies of government |
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Definition
the examination in court of the issues of fact and relevant law in a case for the purpose of convicting or acquitting the defendant |
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Definition
an elected or appointed public official who presides over a court of law and who is authorized to hear and sometimes to decide cases and to conduct trials |
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Definition
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have a specialized body of knowledge and therefore can draw conclusions based on evidence |
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the standard of proof in a criminal case that refers to the degree of legal certainty required for a juror to find a criminal defendant guilty |
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Term
what are the 8 stages of trial chronology? |
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Definition
1) initiation 2) jury selection 3) opening statements 4) evidence 5) closing arguments 6) judge's charge to the jury 7) jury deliberations 8) verdict |
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Definition
an attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses |
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an officer of some US courts who usually serves as a messenger or usher, who keeps order at the request of the judge |
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Definition
lawyers appointed from a list of private bar members who accept cases on a court-by-court basis |
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Definition
a licensed trial lawyer, hired or appointed to conduct the legal defense of a person accused of a crime and to represent them before a court of law |
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challenge juror without reason |
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individuals whose testimony is limited to the facts as personally observed |
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trial may be moved to another location if publicity makes an impartial jury difficult to secure |
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evidence that requires interpretation or the judge/jury to reach a conclusion based on what the evidence indicates |
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an attorney employed by the government to represent indigent defendants |
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intentional making of a false statement as part of the testimony by a sworn witness |
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Definition
establishes proof of a fact without any other evidence |
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Definition
testimony that was not directly given by the author cannot be used in a trial |
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the final presentation of arguments to the jury |
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Definition
an oral or written request made to the court at any time, asking the court to make a specified finding, decision, or order |
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Definition
evidence that proves the defendant is innocent |
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Definition
a unanimous decision of the jury-- guilty, not guilty, hung jury |
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Definition
the answers someone gives under oath |
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Definition
the lawful authority of a court to review a decision made by a lower court |
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Definition
the judge decides the punishment |
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focus on individual-- revenge |
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notion that criminal offenders deserve the punishment they receive and that punishments should be appropriate to the type and severity of the crime committed |
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Definition
used to reduce the likelihood that a particular offender will commit more crimes |
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Definition
factors that tend to lessen the seriousness of an offense |
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Definition
the use of court-ordered community service, home detention, etc. in lieu of other more traditional sanctions, like prison or fines |
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Definition
number of years deducted due to participation in special programs and projects |
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Term
aggravating circumstances |
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Definition
circumstances attending a crime that increase its guilt or enormity |
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severely punishing an offender so that they will serve as an example to others |
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criminal offense punishable by death |
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a model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines |
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Definition
the severity of punishment should take into account the offenders prior criminal behavior |
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Definition
similar crimes need similar punishments |
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Definition
the attempt to reform a criminal offender |
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sentencing in which a specified minimum number of years of imprisonment is specified for particular crimes |
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Definition
a reduction of a prison sentence for good behavior |
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Definition
the appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines |
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a close correspondence between the sentence imposed on an offender and the time actually served in prison |
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Definition
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Definition
on following after the other |
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Definition
attempt to make the victim whole again |
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Definition
a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed |
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Definition
requires that a convicted offender be sentenced to a fixed term that may be reduced by gain or good time |
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Definition
the offender is deterred from committing another crime |
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Definition
prevent unjust arrests and imprisonments |
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Definition
a procedure where a juvenile is removed from the justice process and provided with treatment services |
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Definition
encourages rehabilitation through the use of general and relatively unspecific sentences |
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Definition
victims or those affected by the crime are allowed to read a statement about how the crime has affected them at a sentencing hearing |
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Definition
the use of a variety of officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence |
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Definition
when the court releases a person to live in the community with certain rules |
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Definition
the early release of a prisoner from imprisonment, subject to conditions |
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Definition
the process of an inmate leaving prison and returning to the community |
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Term
what is the most common form of criminal sentencing? |
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Definition
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Definition
person goes to prison for short period of time and is then released on probation so they get a taste of prison life |
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Definition
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Definition
parole decided by parole board |
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Definition
a sentence that requires a convicted offender to serve weekends in a confinement facility, while undergoing probation supervision in the community |
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Definition
a sentence explicitly requiring the offender to serve a period of confinement in a local, state, or federal facility, followed by a period of probation |
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Definition
the use of split sentencing, shock probation/parole, or mixed sentencing |
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Term
intensive probation supervision |
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Definition
the strictest form of probation for adults in the US |
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Term
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Definition
a youth at or below the upper age of juvenile court jurisdiction in a particular state |
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Definition
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Definition
a minor who has committed an act that would be a crime if committed by an adult |
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the process in which a juvenile court determines whether the allegations in a petition are supported by evidence |
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Definition
1st step in the decision if a juvenile has broken the law and if a case should be opened in the juvenile court |
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Definition
juveniles require due process rights |
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Definition
a child who has no parents to care for him or her |
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Definition
first decision to extend due process to children in juvenile courts |
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Definition
document filed in juvenile court alleging that a juvenile is a delinquent, a status offender, and asking the court to assume jurisdiction or to have them transferred to adult court |
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Definition
violations of the law that pertain to minors but not adults |
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Definition
a child that doesn't receive proper physical or psychological care from parents |
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Definition
the size of the correctional population an institution can effectively hold |
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Definition
the size of the inmate population a facility can handle according to the judgement of experts |
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Definition
maximum rate of output for which the facility was originally constructed |
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Definition
the number of inmates the prison can actually support |
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Definition
administrative maximum - highest security prison |
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Definition
a facility that holds convicted offenders pending trial |
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Definition
court case that ruled that overcrowding by itself is not cruel and unusual punishment |
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Term
which jurisdictions have the largest prison populations? |
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Definition
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Term
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Definition
a system used by prison administrators to assign inmates to custody levels based on offense history, assessed danger, etc. |
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Term
collective incapacitation |
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Definition
a strategy that would imprison almost all serious offenders in states that rely on predetermined or fixed sentences for given offenses |
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Term
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Definition
identify the most dangerous criminals with the goal of removing them from society |
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Term
Federal Bureau of Prisons (BOP) |
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Definition
an agency within the US department of justice charged with housing and managing federal law offenders |
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Term
trial courts operate under the __________ process. |
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Definition
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Term
the US supreme court has ______ justices |
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Definition
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what is another name for lower courts? |
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Definition
courts of limited jurisdiction |
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Term
US district courts are also known as: |
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Definition
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Term
the ______ is the process where the prosecutor and the defense attorneys question potential jurors |
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Definition
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Term
which courtroom professional wields the most power? |
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Definition
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Term
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Definition
evidence that consists of physical material |
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Term
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Definition
evidence that if believed directly proves a fact |
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Definition
a written order issued by a judicial officer or grand jury requiring an individual to appear in court and give testimony or bring material to be used as evidence |
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Term
in re fault doesn't afford which right to juveniles? |
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Definition
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Term
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Definition
determined that a mandatory sentence of life imprisonment without possibility of parole for juveniles who commit murder violates the 8th amendment |
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Term
which state established the first juvenile court? |
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Definition
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Term
which state first made a distinction between adult and juvenile court? |
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Definition
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Term
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Definition
physical, emotional, sexual |
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Term
T/f: an officer is required to get parental consent before questioning a juvenile |
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Definition
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Term
The horizontal axis of MN's sentencing guidelines grid represents: |
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Definition
the offender's criminal history score |
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Term
The vertical axis of MN's sentencing guidelines grid represents: |
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Definition
the severity of the offense |
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Term
Georgia was the first state to implement this form of corrections: |
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Definition
intensive probation supervision |
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Term
community service programs began in: |
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Definition
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Term
Probation or parole work consists primarily of _____ functions |
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Definition
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Term
2 types of aggravating circumstances |
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Definition
weapon use, prior criminal history |
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Term
Probation is a _________ strategy |
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Definition
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Term
Parole is a ___________ strategy |
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Definition
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Term
state with the lowest imprisonment rate |
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Definition
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