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72 Cards in this Set
- Front
- Back
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Adversarial system |
Two sides, 1 for defendant and 1 for prosecution, both sides challenge one another and try to pursue judge/jury. Judge plays as referee in the system |
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Hallowed places |
Courtroom is full of decor, decorum (behavior) a very elegant place to show importance and significance, sacred place where justice is served |
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Dual court system |
State and federal court actions, goes to both and gets charges |
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Supreme court |
9 justices, position for life, appointed by president, constitution interpretting, federal (#1 court), handle cases with natl. Government, kidnapping, smuggling, counterfeiting, 1 conviction for 16 state convictions, decide to hear certain cases (75 out 7000) |
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Function of court |
Norm enforcement, dispute processing, policy making |
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State court |
Special courts like teen and family, trial and appellate courts |
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Trial courts |
Limited jurisdiction: misdemeanors and prelim. matters in felony cases, general jurisdiction: all offenses |
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Pretrial processes |
Arrest> trial, filter defendants through, decisions based on review and evidence, innocent leave system, guilty stay in, due process |
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Initial appearance |
Brought before judge within 48 hours, hear charges, learn rights, bail opportunity, probably cause for arrest |
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Arraignment (trial) |
Prosecutor and defense attorney, charges read. Plea entered, prosecutor discretion (evaluate evidence and drop charges if minor) defense challenge (share evidence, exclude evidence) |
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Bail (pretrial release) |
Bail is set amount of money to pay back if offender shows up in court, no right to bail, not a punishment, community protection, amount of money depends on severity of crime, make sure they appear in court. Set within 24-48 hours of arrest |
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Plea bargaining |
Saves time, money, resources, protects community, benefit to all involved, less sever punishment, clean record for defendant and easy conviction for prosecuter, implicit bargaining: shared understanding |
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Discovery |
Defendant and prosecution side share evidence and thought (brady v. Maryland) |
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Speedy trial act 1974 |
6th amendment, federal case trial no later than 100 days (Barker v. Wingo) |
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Trial process |
Opening statements by both sides, evidence and motion to dismiss, defense evidence (alibi, accused statement), rebuttal, closing arguments, instructions to jury by judge, jury decision, sentencing, punishment |
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Habeas corpus |
Ask federal court to review case, see if sentence/punishment is lawful |
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Gubernational appointment |
Appointed by governor |
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Legislative selection |
Legislature selects judge |
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Merit selection |
Committed chooses best qualified and governor selects judge based off that |
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Nonpartisan election |
Party affiliation not on ballot (judge) |
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Partisan election |
Affiliation is on ballot (judge) |
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Model of judicial conduct |
Set of ethical principles and guidelines for judges |
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Prosecutor (gatekeeper) |
Representatives of govt. Discretionary about charges, sentences, they are elected, bias, ensure accused treated fairly |
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Nolle prosequi |
May decide to drop certain charges |
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Relationship with prosecutor |
Police: provide suspects and evidence, control initiation into cj system Victim:testimony, assess credibility Judges/courts: judge personality may affect decision to drop or bring case Communtiy: public opinion, media |
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Defense attorney |
Lawyer who represents accused, most accept plea bargains, protect rights of accused, counsel family and accused, stereotyped, emotionally involved, bad pay |
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Indigent |
Poor, cannot afford own lawyer, appointed lawyer, 60-80% are indigent. |
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Assigned counsel (indigent) |
(15%) court appoints private attorney, expensive |
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Contract counsel (indigent) |
(3%) not qualified, over burdened, non-profit, govt. Contract with law firm |
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Public defender (indigent) |
(82%) heavy load, poor, inexperienced, don't care, not trust, no time, public full-time staff for govt |
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Indigent effectiveness |
You get what you pay for, no trust, little value if not competent, ineffective. Very expensive on state |
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Retribution |
Eye for an eye, tooth for tooth (lex talionis), punishment matches harm done to victim, no reform, justice demands punishment |
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Deterrence |
Prevent crimes from occuring, scare tactics, threatening, swiftness, certainty, severity, outside v. Inside |
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Incapacitation |
Lock up individuals, stop offender and protect innocent, risk control, positivist: defend society from criminal predation (parole, probation, prison) |
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Rehabilitation |
Restore healthy state, change person, moral sickness can be treated, offenders have deficiencies. |
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Robert Martinson |
Nothing works concept, rehab |
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Colonial model |
Puritans, religious, death penalty and banishment |
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Penitentiary |
Eastern state and new York (auburn) secure and sanitary building, punish and reform, complete isolation and silence, very expensive, working on own |
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Reformatories |
Mark systems: earn rewards through good behavior, humane and less crowded. Elmira reformatory, rewarding |
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Progressive model |
Upper-class, social ills, understand and cure crime |
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Medical model |
Diagnose and treat offenders, therapy and treatment completely |
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Community model |
Get offender back into the community, help succeed and re-integrate, crime free lifestyle (1960-1970) |
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Crime control model |
Punitive, control crime through incarceration and strict supervision |
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Indeterminate sentencing |
Treatment is goal, evaluation and rehabilitation, range like (5-10 years) so they can evaluate (36 states) |
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Determinate sentencing |
Fixed period of time, no evaluation (10 years), at end of term, prisoner is set free (14 states) |
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Mandatory sentencing |
Sentence determined by statutes, required that certain penalty is imposed, no discretion (all states) |
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Sentence vs. Time served |
Very little do they serve full sentence, chance for parole and discretion. Good timr policies, but they are required to serve at least 85% of sentence. |
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Death penalty |
Capital punishment, cruel and unusual punishment? Must fit the crime, gas chamber, lethal injection, firing squad, not reversible and life is at stake. (200 people on death row each year and only half die) |
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Purpose of punishment |
Finding the truth (tortured confession), means of social control formal and informal, public safety |
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Consecutive sentence |
Sentences served separatley, one after another |
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Concurrent sentences |
Offender serves 2 or more sentences together, stacked all at once. |
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Victim impact statement |
Impact of crime on victim/victims family during parole and sentencing. Victim or family gets to put out a statement about how everything effects them during these times |
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Supreme court decision |
Hearing, trial, sentencing and appeals, on death row for 10 years, guidelines, mitigating and aggravating factors, cannot put mentally ill or underage offenders or child rapists on death row, or someone with ineffective counsel and jury opposing death penaltycan be removed. |
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Furman v. Georgia |
Death penalty is cruel unusual punishment, temporary stop on death penalty, and no guidelines means lots or profiling and discrimination |
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Sentencing guidelines |
Remove rehab, set of guidelines for sentencing, determinate, appellate review, grid system |
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Dna exonerations |
(Set free) 243 on death row have been exonerated, all using DNA |
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Aggravating circumstances |
Where, how and when crime was handled, badly means more punishment |
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Mitigating circumstances |
If someone has no felonies, never planned, youth, forced means less of punishment |
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Jail vs prison |
Jails is short term, temporary, awaiting trial, cannot make bail or serving misdemeanors (1 year). Prison is felony sentence, more than 1 year, after trial, severity if crime, more harsh |
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A step up |
Most offenders neither accept or live by norms, come from communities where conditions are poor and fall far below living standard |
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Classification |
Security: # and type of barriers needed, custody: level of supervision and privilege, housing: what inmate they live with, program:work, treatment, training |
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New generation/direct supervision jail |
Eliminate tradition features of jail, living with inmates, mingle, privileges and activites, window, furniture, reduce symbol and trauma of incarceration |
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State prison |
Warden, correctional security (50-70% of staff), unit management, education, prison industries |
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Governing prisons |
Defects of total power, limitations on rewards and punishments, exchange relationships, inmate leadership |
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Federal prisons |
5 security levels, much bigger than state |
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Minimum security |
Dormitory, work and programs, low staff - inmate ratio |
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Low security |
Same as min. but higher staff to inmate ratio |
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Medium security |
Strengthened perimeters, cells, work and treatment, higher staff - inmate ratio |
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High security |
Highly secured perimeters, cells, close control of inmates |
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Correctional complexes |
Different institutions in close proximity |
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Supermax |
From illinois, most violent, disruptive, escape prone inmates, isolated, in cell 23 hours per day, no work or programs, effects:social withdraw, negative, bad for health and rehab prognoses, constitutional issues |
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New technologies |
Riot gear, Web based programs, virtual visits to hospitals and courtrooms |
