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46 Cards in this Set
- Front
- Back
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Which Amendment covers the receipt of mail, communications, and visitation. Media has the right to report on criminal justice matters and court proceedings. Inmates must be given a "reasonable opportunity" to pursue their faith, even if it differs from traditional forms of worship.
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First Amendment
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The right to bear arms.
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Second Amendment
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No soldier to be quartered in any house.
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Third Amendment
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Right to privacy, right against unreasonable searches and seizures, no warrants issued without probable cause, (the right against search and seizures does not apply to prisoners).
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Fourth Amendment
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Protection against self-incrimination, private property cannot be taken for public use without just compensation, due process of law (federal), double-jeopardy, right to grand jury.
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Fifth Amendment
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Right to speedy and public trial, right to impartial jury, right to be tried in the jurisdiction of the crime committed, right to be informed of the nature and cause of the accusation, right to confront your witnesses, compulsory process for obtaining witnesses, witnesses are required by subpoena to appear, right to effective assistance of counsel.
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Sixth Amendment
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No excessive bail, no excessive fines imposed, no cruel and unusual punishment inflicted.
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Eighth Amendment
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Applies due process to states, any state shall not deprive any person of life, liberty, or property, without due process of law, nor deny to any person within its jurisdiction the equal protection of the laws.
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Fourteenth Amendment
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The first significant case related to what is excluded under unreasonable illegal search and seizure. It applied the exclusionary rule to the federal government, not states. Before this case, ones only remedy was to sue police in a tort action.
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Weks v. United States (1914)
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Overturned the silver platter doctrine. Federal can't have state do the evidence searching for them.
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Wolf v. Colorado (1949)
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Applied exclusionary rule to states.
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Mapp v. Ohio (1961)
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Ruled you had the right to counsel in capital cases
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Powell v. Alabama (1932)
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Extends right to counsel in all felony cases.
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Gideon v. Wainwright (1964)
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Involves misdemeanor cases. Ruled there is no right to counsel in misdemeanor cases.
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Argersinger v. Hamlin (1972)
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Allows defendants to represent themselves pro se and refuse appointed counsel. Must prove you are comptent to represent yourself.
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Faretta v. California (1975)
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The supreme court said that as administered, the death penalty is unconstitutional. At the time there was such a racial bias that it was unconstitutional.
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Furman v. Georgia (1972)
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The court considered whether mandatory death could solve the administration problems in Furman (make death penalty more uniform so that regardless your ethnicity if you do x you die). The court said this was not acceptable because it prevented the ability to individualize justice and consider mitigating circumstances.
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Woodson v. North Carolina (1976)
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More structural approach - gave us a structure that overcame issues presented in Ferman. Developed a bifurcated process where sentencing was separate grom trial and then auto appeal to supreme court of that jurisdiction.
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Gregg v. Georgia (1976)
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"Chimel limits." Span of control, not only can you search the person but with in the person's span of control unless something is in plain view.
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Chimel v. California (1969)
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Stop and maybe frisk came from this case. Before this, police had to wait for probable cause. Requires "reasonable suspicion." Searching for weapons only. Its not for other evidence like drugs.
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Terry v. Ohio (1968)
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Supreme court said that plea bargaining, when done correctly is encouraged.
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Santobello v. NY (1968)
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Meant state inmates could sue for their grievances in federal courts which led to prisoner's rights laws.
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Civil Rights Act of 1964.
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This person pioneered the idea of bringing rehabilitation into corrections. He called his reform school a hospice. Dealt mostly with young offenders. It was religions "get right with god."
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Pope Clement XI
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This person passed his "great law" which was a way of thinking about criminal justice; said punishment less than death is approriate to the crime. Notion of proportionality (the punishment should fit the crime). Just said premediated murder should be the only capital crime. Said a house of punishment should be hard labor but humane.
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William Penn
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This society is responsible for reforming prisons, published the "prison journal" and added inmate classification.
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Quaker's established the Pennsylvania Prison Society
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The Pennsylvania Prison Society created a classification system which looked at what to determine what?
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Prisoner is classified to determine which prison you should go to. What level of custody does this person need? Choses level of custody and psychological and physical evaluation.
The idea was to find the most appropriate prison that would be the most beneficial to the inmate. |
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Which group felt the prison should be self-supporting (prisoners work to keep up maintenance on building and grow gardens to feed themselves)
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The Pennsylvania Prison Society
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Who created indeterminate sentencing and what is it?
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Its the ability to be paroled to encourage good behavior. It was brought by the Pennsylvania Prison Society.
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Which model is the belief there is homosexuality outside prison and thus homosexuality inside the prison?
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Importation model
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Which model is the belief that men in sexual peak in prison become deprived and desperate so they find other ways to fulfill their needs and thus become homosexual but were htereosexual before and heterosexual after.
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Deprivation Model
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This warden structured the penitentiary around penitents and total isolation. Inmates would go to the gate, be blindfolded, go to cell then be unblindfolded and that's all they would see. The walls were solid with no windows. Absolute silence. The idea was to reflect and "get right with god."
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John Haviland
Eastern State Prison in Philadelphia |
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This warden said people will be in single cells but not closed in rooms, just bars across the front. A little bit of human contact. Can walk and east in eat in the congregate together. But there was still the rule of absolute silence. Time for reflection but not driven crazy.
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Elan Lynds, Auborn Prison
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What is the purpose of the Adult Internal Management System
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The purpose is to reduce predatory behavior by identifying potential predators and separating them from vulnerable inmates.
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How does the adult internal management system examine and make determinations on inmates? (There are three things they look at)
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Record of misconduct,
ability to follow staff directions, and level of aggression toward other inmates. |
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What are the five classes of federal prisons?
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Administrative Maximum
High Security Medium Security Low Security Minimum Security |
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What are some uses for jails?
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Receiving individuals pending their arraignment and holding them for their trial, conviction or sentencing.
Readmitting probation, parole, and bail-bond violators. Detaining juveniles, mentally ill, and others temporarily pending their transfer to appropriate facilities. Transferring inmates to federal, state, or other authorities because of overcrowding in other facilities. Day reporting, home detention, electronic monitoring. Holding inmates for short sentences (under a year) |
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What are some reasons why jails become overcrowded?
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Inability of inmates to make bond, delays between arrest and final case disposition, limited access to vital info about defendants that could aid in pretrial release, slow process due to case overload, unproductive statutes involving minor offenses (shoplifters, dwi, etc)
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What are some benefits to privatization of jails?
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Reduces overcrowding, lower operating expenses, and avoid lawsuits targeted at state officials and employees.
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What do critics say about privatization of jails?
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Only modest cost savings which are only the result of layoffs and less employees, Still risk of lawsuits, government must still supervise and be a big part of the jail, there are very few firms that deal with this so pricing is not competitive.
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The slang characteristic of prison subculture and prison life is referred to as
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Prison Argot
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What are some examples of prison argot?
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Rate = informer
Ace Duece = best friend Badge = correctional officer Billy = white man Chester = child molester Femme = mommy |
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The process whereby newly institutionalized offenders come to accept prison lifestyles and criminal values refers to what?
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Prisonization
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What are the 5 rules of prison code?
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1. Don't interfere with the interests of other inmates - never rat.
2. Don't lose your head, play it cool and do your time. 3. Don't exploint inmates, don't steal, don't break your word, be right. 4. Don't whine; be a man. 5. Don't be a sucker, don't trust the guards or staff. |
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What are two reasons the courts backed off and went by the "hands off doctrine."
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They felt jail and prison administrators were sufficiently professional in the performance of their duties to address institutional needs with humane considerations.
2. It was felt that inmates went through a "civil death" where civil benefits were taken from them like voting, right to marry, uncontested divorces, etc. |
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The Prison Litigation Reform Act of 1996 has done what?
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Encouraged inmates to deal with issues within the corrections system before involving the courts.
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Sykes Deprivations of the "pains of imprisonment" refers to what deprivations (there are 5)
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1. Liberty
2. Goods and services 3. Heterosexual relationships 4. Autonomy, and 5. Personal Security |
