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Criminal Justice 2

Test 2

QuestionAnswer
Sentencing The imposition of a criminal sanction by a judicial authority
retribution the act of taking revenge on a criminal perpetrator
just deserts criminal sentencing that punishments should fit the crime and should be appropriate
incapacitation the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
deterrence a goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment
specific deterrence a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality
general deterrence a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentanced
restoration a goal of criminal sentencing that attempts to make the victim whole again
restorative justice builds on restitution and community participation in an attempt to make the victim whole again
indeterminate sentencing encourages rehabilitation through the use of general and relatively unspecific sentences
gain time the amount of time deducted from time to be served in prison on a given sentence as a consequences of participation in special projects or programs
good time amount deducted from prison time for being good
proportionality severity of sanctions should bear a direct relationship to the seriousness of the crime committed
equity similar crimes should be punished with the same degree of severity regardless of the social or personal characteristics of the offenders
social debt a sentencing principle that holds that an offenders criminal history should objectively be taken into account in sentencing decisions
structured sentencing determinate and commission created presumptive sentencing schemes, as
determinate sentencing offender is given a fixed term that may be reduced by good time or gain time.
voluntary/advisory sentencing guidlines the recommended sentencing policies that are not required by law
presumptive sentencing report can assist the judge in determining the appropriate kind and length of sentence for convicted offenders
Victim-impact statements provide an opportunity for crime victims, or surviving family members of a victim, to describe the suffering caused by the crime.
capitol punishment the death penalty
capital offense a criminal offense punishable by death
modern sentencing options Fines, probation, imprisonment, and death
aggravating circumstances the circumstances relating to the commission of a crime that make it more grave than the average instance of that type of crime
mitigating circumstances the circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant
truth in sentencing a close correspondence between the sentence imposed on an offender and the time actually served before release from prison
mandatory sentencing sentencing that allows no leeway in the nature of the sentence
Probation is a sentence of imprisonment that is suspended.
probation revocation a court order taking away a convicted probationary status in response to a violation of the conditions of probation
community corrections provides them with the opportunity to continue working or remain in school, maintain family and social ties, and use the treatment programs available in the community.
parole status of a convicted offender who has been released and is placed under the supervision of a parole agency
prisoner reentry the managed return to the community of individuals released from prison
parole board a state paroling authority, most states have parole boards that decide when an incarcerated offender is ready for conditional release
discretionary release the release of an inmate from prison to supervision that is decided by a parole board or other authority
mandatory release the release of an inmate from prison that is determined by statute or sentencing guidelines and is not decided by a parole board or other authority
parole (probation) violation an act or a failure to act by a parolee that does not conform to the conditions of his or her parole
parole revocation the administrative action of a paroling authority removing a person from parole status in response to a violation of lawfully required conditions of parole
restitution a court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community
Probation and parole officers have four basic functions (1) presentence investigations, (2) intake procedures, (3) diagnosis and needs assessment, and (4) client supervision.
caseload the number of probation or parole clients assigned to one probation or parole officer for supervision
intermediate sanction the use of split sentencing, shock probation or parole
split sentence explicitly requiring the convicted offender to serve a period of confinement in a facility followed by probation
sock probation offenders go to prison, allowing them to apply for probation
shock incarceration makes use of boot camp type prisons to impress on convicted offenders the realities of prison life
recidivism the repetition of criminal behavior
mixed sentence requires that a convicted offender serve weekends in a confinement facility
intensive probation supervision a form of probation supervision involving frequent face to face contact between the probationer and the probation officer.
home confinement house arrest
Prison a state or federal confinement facility that has custodial authority over adults sentenced to confinement
justice model a contemporary model of imprisonment based on the principle of just deserts
prison capacity (3 types) rated, operational, and design
rated capacity the number of inmates a prison can handle according to the judgement of experts
design capacity the number of inmates a prison was intended to hold when it was built or modified
classification system a system used by prison administrators to assign inmates to custody levels based on offense history, assessed dangerousness, perceived risk of escape, and other factors
ADMAX an acronym for administrative maximum. this term is used by the federal government to denote ultra high security prisons
regional jail a jail that is built and run using the combined resources of a variety of local jurisdictions
privatization the movement toward the wider use of private prisons
Total institution an enclosed facility separated from society both socially and physically where the inhabitants share all aspects of their daily lives
prison subculture the values and behavioral patterns characteristic of prison inmates. prison subculture has been found to be surprisingly consistent across the country
prison argot the slang characteristic of prison subculture and prison life
prisonization the process whereby newly institutionalized offenders come to accept prison lifestyles and criminal values.
security threat groups (stg) an inmate group, gang, or organization whose members act together to pose a threat to the safety of corrections staff or the public, who prey on other inmates, or who threaten the secure and orderly operation of a correctional institution.
hands off doctrine nonintervention with regard to prison management from the government
civil death legal status of prisoners who are denied the opportunity to vote, hold public office, marry or enter into contracts
balancing test balance prison rights with the constitution
deliberate indifference a wanton disregard by corrections personnel for the well being of inmates.
grevance procedure a formalized arrangement usually involving a neutral hearing board, where individuals have the opportunity to register complaints about the conditions of their confinement
In re Gault This decision guaranteed several procedural rights to juveniles including the right to have notice of the charges, the right to counsel, the right to confront and cross-examine witnesses, and the right to appeal.
Parens patriae a common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent.
dependent child child who has no parents
neglected child child who is not receiving the proper level of physical or psychological care from his or her parents or guardians
abused child physically, emotionally, or sexuallly abused
status offender child who commits an act that is contrary to the law by virtue of the offenders status as a child, purchasing cigarettes, buying alchohol
status offense conduct that is declared by statute to be an offense, but only when engaged in by a juvenile
juvenile petition document alleging that a juvenile is a delinquent
intake the first step in decision making regarding a jevenile whose behavior or alleged behavior is in violation of the law
adjudicatory hearing the fact finding process wherein the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition
dispositional hearing the final stage in the processing of adjudicated juveniles in which a decision is made on the farm of treatment or penalty that should be imposed on the child.
blended sentence imposes both a juvenile sanction and an adult criminal sentence on a delinquent
dual-court system American court system is made up of state and federal courts.
state courts- don't hear cases involving violations of the federal law
federal courts don't hear cases involving issues of state law unless there is a conflict between local or state statutes and federal constitutional guarantees. 3 tier system, comprising of u.s district courts, us courts of appeals, and the us supreme court.
Trial de novo means new trial
First appearance defendants arrest is initially assessed and the defendant is informed of the charges. Bail is usually set during this time.
Danger law- a law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.
Nolo contender- a plea of no contest
Jurisdiction- the territory, sugject matter, or people over which a court or other justice agency may exercise lawful authority.
Original jurisdiction- the lawful authority of a court to hear or to act on a case from its beginning and to pass judgment on the law and the facts. The authority may be over a specific geographic area or over particular types of cases.
Appellate jurisdiction the lawful authority of a court to review a decision made by a lower court.
Court of last resort- the court authorized y law to ear the final appeal on the matter.
Judicial review the power of a court to review actions and decisions made by other agencies of government.
Judge- is probably the most powerful individual in the courtroom, and his/her primary duty is to ensure that justice prevails.
prosecuting attorney- is the primary representative of the state or the people. decide the charges to file, accept or reject a plea bargain, appear before a grand jury, decide what witnesses should appear, and make sentencing recommendations to the judge.
defense counsel- is responsible for the case and trial preparation for the defendant. The three major categories of criminal defense attorneys are private attorneys, court-appointed attorneys, and public defenders.
Bailiff- ensures order, announces the judge's entry, calls witnesses, and prevents the escape of the accused.
court administrator- provides uniform court management.
court reporter- creates the record of all that occurs at the trial.
clerk of court- maintains all court records, prepares a jury pool, marks physical evidence for identification, and swears in witnesses
expert witness is someone who is recognized as having special knowledge and skills in an area of concern to the court. Expert witnesses may express opinions and draw conclusions in their areas of expertise, unlike lay witnesses.
Lay witnesses- provide testimony relevant to a specific case. They may testify only about things they know from personal experience to be true.
Jurors- hear the evidence presented and then make a determination of guilt or innocence.
Crime victims- have historically been considered the forgotten members of the criminal justice process, but their standing is changing.
Defendants are also considered outsiders, but they have to be present during the trial, and try to defend themselves.
Once the trial is initiated, the first step in the process is the jury selection
After the jury is selected, the prosecution and defense will make opening statements
After the opening statements are completed, the prosecution and the defense present various types of evidence, such as real, circumstantial, and direct.
Closing arguments provide a review and a summation of the evidence.
The judge then charges the jury and provides instructions on deliberation. read
Finally, the jury deliberates on the evidence presented during the trial and returns to the court with a verdict. read
Exculpatory evidence- any information having a tendency to clear a person of guilt or blame.
Lay witness an eyewitness, character witness, or other person called on to testify who is not considered an expert, Lay witnesses must testify to facts only and may not draw conclusions or express opinions.
Change of venue- insures the defendant receives a fair trail
Rules of evidence the court rules that govern the admissibility of evidence at criminal hearings and trials.
Speedy trial act a 1974 federal law requiring that the proceedings begin within a specified period of time.
Peremptory Challenge the right to challenge a potential juror without disclosing the reason
Sequestered jury- a jury that is isolated from the public during the course of a trial and throughout the deliberation process.
Probative Value- the degree to which a particular item of evidence is useful in.
Real evidence- evidence that consists of physical material.
Circumstantial evidence- Evidence that requires interpretation
Direct evidence- the evidence that, if believed, directly proves a fact such as a testimony from an eye witness.
Federal Court system the three tiered structure of federal courts, comprising U.S. district courts, us courts of appeals, and the us supreme court
state court system a state judicial structure. most states generally have at least three court levels: trial courts, appellate courts, and a state supreme court
appeal the request that a court with appellate jurisdiction review the judgement, decision, or order of a lower court and set it aside or modify it
dispute resolution center an informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court
community court focuses on quality of life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment. and that builds on restorative principles
pretrial release the release of an accused person from custody, for all or part of the time before or during prosecution, upon his or her promise to appear in court when required
release on recognizance the pretrial release of a criminal defendant on his orher written promise to appear in court as required. no cash or property bond is required
courtroom workgroup the professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court
judge 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
prosecutor 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
public defender an attorney employed by a government agency or subagency, for the purpose of providing defense services to indigents, or an attorney who has volunteered such service
subpoena a written order issued by a judicial officer or grand jury requiring an individual to appear in court and to give testimony or bring material as evidence.
adversarial system two sided structure under which american criminal trial courts operate that pits the prosecution against the defense
scientific jury selection use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal
writ of habeas corpus a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonmnet
Importation prison culture suggests that inmates bring values, roles, and behavioral patterns from the outside world.
The 10 years between 1970 and 1980 have been called the __________ of prison riots. Explosive
The majority of women who are in prison or jail are there for non-violent drug and property crimes.
The 1967 Arizona case that granted juveniles many of the due process protections enjoyed by adults, including the right counsel. In re Gault
At the dispositional hearing, most judges decide not to __________ the juvenile. confine
A juvenile confined to a private facility is likely to be white
Juvenile courts across the country are becoming increasingly similar to ________ courts. adult criminal
Transfer hearings are held in juvenile court.
Created by: brenmcrae on 2011-07-26



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