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126 Cards in this Set
- Front
- Back
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What is the fundamental question(s) of corrections?
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Who are the offenders and what shall we do with them?
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The church originally believed what?
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A sinner had to repay two debts (one to society and one to God)
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What was the main contribution of the medieval church to corrections?
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Concept of free will
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What was the church's substitution for a trial called?
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The "ordeal"
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What was the foundation of most western world legal codes, also known as the "codifying laws of nations"?
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The Hammurabic Code
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Who is the founder of the Classical School approach, and also responsible for proposing a reorientation of criminal law toward humanistic goals?
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Caesar Beccaria
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What were the main guidelines proposed in the essay by Caesar Beccaria?
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-Greatest good for the greatest number of people
-Crime is an injury to society -Prevention is more important than punishment |
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Which four of Caesar Beccaria's points were incorporated into the French Code of Criminal Procedure?
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-Innocent until proven guilty
-Right not to self incriminate -Right to employ counsel -Right to prompt and speedy trial, in most cases, trial by jury |
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What are four major developments in the last century in relation to corrections?
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-Abandonment of the Medical Model
-Shift to determinate sentencing -Intermediate punishment -Restorative justice |
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What are some criticisms of prisons?
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-Overcrowded
-Inefficient -Ineffective -Expensive |
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What is the the incarceration and disabling of high risk offenders for longer periods of incarceration to suppress further criminal behavior as a form of specific deterrence?
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Selective incapacitation
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The extensive use of capital and corporal punishment during the Middle Ages reflected a belief that public punishment would deter potential wrongdoers is called?
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Deterrence
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What is 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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Indeterminate sentencing
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What is a certificate issued by the warden certifying the offender has permission to leave the facility?
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Ticket-of-leave
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The term ticket-of-leave can best be translated to the modern term of?
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Parole
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What is considered getting even with the offender who has violated the rights of others and deserves to be punished; "just deserts"?
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Retribution
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What is referred to as preventing potential criminal behavior by making examples of offenders openly?
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General deterrence
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What is referred to as punishing individual offenders to prevent their further criminal behavior?
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Specific deterrence
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What deprives offenders of the ability to commit additional crime, usually through imprisonment?
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Incapacitation
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What are emerging alternatives that promise relief from the pressures of prison overcrowding (more effective than court-ordered probation and less severe than long-term incarceration)?
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Intermediate punishments
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What is using treatment to restore an offender to levels of social functioning; seeking a change in behavior produced by providing treatment and services?
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Rehabilitation
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What is a judge-imposed fixed term of incarceration with the expectation the inmate will serve that amount of time?
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Determinate sentencing
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What is a relatively minor violation of the criminal law, usually punishable by no more than one year in confinement?
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Misdemeanor
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What is a serious criminal violation, sometimes punished by death or sentence of at least one year in prison?
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Felony
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What (included in the Fourteenth Amendment) is a legal requirement that constitutional rights of the accused and correctional clients will conform to guaranteed constitutional protection minimums?
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Due process
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Which case under the Fourteenth Amendment held that defendants in noncapital cases are entitled to assistance of counsel at trial (right to counsel)?
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Gideon v. Wainwright
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What is referred to as a sentence that does not include confinement and the release of the offender to the community under supervision, based on good behavior?
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Probation
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Probation is a derivative of what? (That also mitigates punishment for an offender through judicial procedure)
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Suspended sentence
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How does a suspended sentence differ from probation?
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It does not require supervision, and it can be revoked
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What is the purpose of probation?
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-Uses existing community resources to assist offenders in dealing with their problems
-Saves money -Avoids prisonization -Provides restitution -Keeps offender's family off welfare -Allows selective incapacitation |
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Early prisons were established as a place to:
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Banish offenders away from the rest of the community
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The reform movement planted the seeds of:
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-Education
-Vocational training -Rehabilitation -Education was viewed as an answer to crime, as well as an economic solution |
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What are a variety of punishments that are more restrictive than probation but less stringent than imprisonment?
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Intermediate sanctions
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What are some characteristics of intermediate sanctions?
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Increased surveillance, tighter controls over non-incarcerated offenders, rapidly being adopted across the nation, and are innovative control schemes
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What is a criminal court devoted to handling substance addiction cases?
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Drug court
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What is the purpose of a drug court?
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Reduce crime by changing defendants’ drug-abusing behavior through diverting defendants to appropriate treatment programs
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What is a drug court composed of?
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-A single drug court judge and staff who provide focus and leadership
-Expedited adjudication through early identification and referral of appropriate program participants |
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What are some elements of a drug court?
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-Initiation of treatment as soon as possible after arrest
-Intensive treatment and aftercare for drug-abusing defendants -Increased defendant accountability under a graduated series of rewards and punishments appropriate to conforming or violative behavior |
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How do drug courts provide close supervision?
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-Monitor treatment progress
-Ensure offender compliance -Require mandatory and frequent drug (and alcohol) testing -Use supervised and individual case monitoring |
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What is the process by which inmates are assigned levels of custody and security based on potential risk of: escape, violence, victimization, and suicide?
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Classification
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What are some advantages to classification?
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It will assign dangerous inmates to a high-security institution, and it will avoid misclassification of most inmates creating less inmate resentment
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What is the purpose of jails?
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-Local (or combined with State) operated correctional facilities that confine people before or after conviction
-Inmates sentenced to jail usually have a sentence of one year or less |
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What are some jail populations and characteristics?
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Felons and misdemeanant, First time and repeat offenders, Adults (male and female) and juveniles, Accused and convicted, Guilty and innocent, Those awaiting arraignment or trial, Conviction and sentencing, Probation, Parole, Bail bond violators and absconders
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What are some continuing jail characteristics?
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-More than half of the persons in jail are pretrial
-10% have been found guilty, but not yet sentenced |
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What are some issue with jail overcrowding?
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-Improvement in physical facilities have been offset by overcrowding
-Rated capacity has increased to over 800,000 -More than 1 in 4 of the largest jails are under court order to limit populations |
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What are some characteristics of convicted jail inmates?
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-More than half were under the influence of drugs or alcohol (or both) at the time of their current offense
-One-quarter had participated in a drug treatment program -One-sixth had participated in an alcohol treatment program |
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What are some way to reduce overcrowding?
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-Conversion of old motels
-Using manufactured housing units -Tent cities -Leasing from other jurisdictions -House arrest -Electronic monitoring -Double bunking -Contract out (treatment programs) |
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What are some alternatives to jail?
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Fines (price-tag justice), weekend confinement, and community work orders
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What is a major issue in jail?
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Inmate mental health is the top concern and recommended that the government give more support in that area
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What are some major effects on prison overcrowding?
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More difficult to enforce a classification system
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What are some characteristics of a superman prison?
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-Violent, seriously disruptive, assaultive, and escape-prone inmates
-Including gang activists, who pose immense challenges to prison security and custody -A prison having walls |
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What are Security Threat Groups (STG)?
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Prison gangs; a criminal enterprise having an organizational structure and internal leadership, acting as an ongoing criminal conspiracy that uses violence and other criminal activity to continue
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What is the process of adapting to the culture of the prison?
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Prisonization
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What is a minimizing penetration into the criminal justice system through police, community, or court programs; which includes non-dangerous, mentally disordered, drug and alcohol abusers?
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Diversion
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What requires defendants awaiting trial to report to a supervision officer, and is an example of a court-based diversion program?
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Pretrial intervention programs
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What are some characteristics of a court-based diversion program?
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-Dismissal of pending charges based on satisfactory project participation and self-improvement
-Extension of the continuance to allow the program staff more time to work with the person -Return of the defendant to normal court processing, without prejudice |
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What are some reasons for intermediate sanctions?
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A larger number of persons at risk to commit crime and be incarcerated, the shift to conservative beliefs about how to deal with offenders and crime, the War on Drugs, and enactment of more stringent punishments
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Why are intermediate sanctions effective?
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-Channeling offenders into community-based corrections to reduce or delay prison overcrowding
-Designed for offenders that to pose too much risk for probation services but not enough risk for prison -Less expensive than incarceration in either jail or prison -Offer more rehabilitation and reintegration potential than incarceration |
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What is a sentence whereby offenders serve at least some of their sentence in their own domicile?
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Home detention
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What is designed to give offenders a short “taste of the bars” followed by a period of supervised probation?
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Shock probation
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T or F: Drug courts offer a dismissal of charges in exchange for entering the court's drugs program at successfully completing the program.
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True
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T or F: Boot camps are able to separately treat low, medium, and high risk offenders.
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False
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The longer and further an offender goes into the system of criminal justice:
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The more likely he is to recidivate
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Evaluations of correctional treatment programs in this country have normally shown that they produce:
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Marginal impact on reducing recidivism
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What is a task of community-based correctional services?
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-Provide easy transition from prison to community
-Assist parole authorities -Coordinate agencies to assist released prisoners |
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What are some elements of drug court programs?
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-Initiation of treatment as soon as possible after arrest
-Intensive treatment and aftercare for drug-abusing defendants -Increased defendant's accountability under a graduated series of rewards and punishments appropriate to conforming or violent behavior |
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The major purpose of boot camps is:
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To provide discipline for young offenders
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Drug court's main purpose is to change the defendants's drug-abusing behavior through diverting defendants to appropriate treatment programs.
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True
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Community service is a compensation for injury to society by forcing the offender to perform service to community.
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True
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What generally refers to the the execution, in the name of the state, of a person convicted of certain crimes?
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Capital punishment
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What are the most common capital punishment crimes?
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Treason, murder, and rape
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What is the most frequent method of execution of death penalty cases in the U.S.?
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Lethal injection
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What are some arguments of the death penalty?
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-Issues of deterrence
-Excessive cruelty (8th amendments) -Equability (4th and 6th amendments) -Public attitudes |
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Nor shall any person be subject for the same offense to be put twice into jeopardy of life or limb; Nor shall be compelled in any criminal case to be a witness against himself, Nor be deprived of life, liberty, or property without due process of law, Nor shall private property be taken for public use, without just, is an example of?
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5th amendment
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The accused shall enjoy the right to a speedy and public trial, By an impartial jury of the State and district wherein the crime shall have been committed, Which district shall have been previously ascertained by law,
And to be informed of the nature and cause of the accusation, is an example of? |
6th amendment
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Excessive bail shall not be required, Nor excessive fines imposed, Nor cruel and unusual punishments inflicted, is an example of?
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8th amendment
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No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; Nor shall any State deprive any person of life, liberty, or property, without the due process of law;
Nor deny to any person within its jurisdiction the equal protection of the laws, is an example of? |
14th amendment
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Who are very few executed (3% of total ever executed), are screened out of death-eligible charges, account for about 1 in 10 murder arrests, account for 1 in 50 death sentences imposed at the trial level, are 1 in 67 persons on death row?
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Women
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What does the public say about the execution of juveniles?
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-Juveniles are different from adults
-Juveniles have less mature rationality -They are less culpable for their acts -They should be rehabilitated |
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What are some alternatives for the execution of juveniles?
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-Life without parole (LWOP)
-Life without parole plus making the juvenile work to make restitution (LWOP+WR) |
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In early 2005, the U.S Supreme Court struck down the age of capital punishment for anyone under what age?
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18
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In 2005, which Supreme Court case declared it unconstitutional to impose capital punishment for crimes committed while under the age of 18?
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Roper v. Simmons
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T or F: The cost of the death penalty is greater than the total costs of life-without-parole cases?
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True
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In 2002 the United States Supreme Court struck down the use of the death penalty for those who were?
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Mentally ill at the time of their offense
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What are some of the reasons for prisoner's population growth?
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-Decline in the prison release rate
-States are forcing inmates to serve 85% of their sentences -High failure rate for parolees -Inadequate re-entry care and programs |
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What do the self-report studies say about race and crime in America?
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More are in prisons than colleges/universities due to:
-Lack of social services and employment opportunities -Law enforcement focusing on crack (rather than cocaine) sales -Collateral consequences of former convictions |
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What are institutional threat groups ?
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Prison gangs
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What are some issues related to male offenders?
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-Men in prison tend to be heavy users of drugs and alcohol
-1 in 3 was drinking at the time of his instant offense -1 in 6 was defined as mentally ill -1 in 3 of the mentally ill was alcohol dependent -1 in 4 received mental health services while in jail |
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What is the process by which the newly committed inmates (and some prison staff) are introduced into the culture of the society of captives, and learn to live within that inmate culture?
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Prisonization
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What does it mean when an offender is categorized as a high risk offender?
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Population at risk
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What does the classification system in prison indicate?
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High, medium, and minimum risk offenders
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Elderly offenders in prison usually have?
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Good healthcare
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What are some characteristics of females and crime?
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-Females are arrested for about 1 in 5 crimes
-They account for more than 3 in 5 larceny-theft arrests -75% of all arrests of females for serious crime is for larceny-theft -Females are 275% more likely to be arrested for drug than for violent offenses |
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What are offenses in which the victim does not seem to appear, or is equaled to the offender (ex. prostitution and drug abuse)?
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Victimless crimes
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What percent of women in prison are responsible for supporting their children?
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80%
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What are some reasons why the female prison population has increased?
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-No one knows exactly
1. females have more opportunities to commit crime than ever before -Other theories is that the women’s liberation movement have influence to be harder sentencing for females 2. the war of drugs have sent many more females drug addicts into prisons than in the past |
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What are some characteristics of female jail inmates?
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-Are not drawn from mainstream America
-Mainly from deprived and unstable backgrounds -Have been exclusively abused over time -Preferential treatment seems to be disappearing for those arrested for nontraditional crime -Emotional, social, and economic barriers -Most are not dangerous -Many are physically or mentally ill |
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What was the first state-level prison exclusively for women?
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The Indiana Reformatory Institute for Women (1873)
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Where was the first federal institution for women?
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Federal Correctional Institution at Alderson, West Virginia (1925)
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What are some special problems of incarcerated females?
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-Children left behind at home
-Pregnancy at time of intake, studies suggest that some one in four adult females entering prison either were pregnant or had given birth to an infant within the last 12 months. -Absentee mothering -Family visiting |
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What are some characteristics of drug abusing female inmates?
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-More than 60% have used drugs sometime in their lives
-Half of the convicted inmates had used drugs in the month prior to their offense -40% had used drugs daily -1 in 6 reported committing her crime to buy drugs -1 in 3 was under the influence of alcohol at the time of her offense |
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What refers to the duty of the state to protect those unable to protect themselves, particularly juveniles and the mentally disordered (the state is the parent)?
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Parens patriae
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What are the issues related to criminal behavior with aging?
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-Crime and age peak at about age seventeen
-Less experienced at crime…more likely to be arrested -Group crime (car theft etc.) Juveniles tend to commit crime in groups -Incapacitation of repeat offenders; imposing longer sentences |
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What does a status offender refer to when dealing with juveniles?
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Juveniles who have committed acts that are law violations by virtue of the child's age but would not be criminal if committed by an adult (such as runaway, incorrigibility, defiance)
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What are the rights guaranteed to juveniles in court proceedings?
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-Right to adequate notice of charges against the juvenile
-Right to counsel and to have one provided if indigent -Right to confrontation and cross-examination of witness -Right to not self-incriminate -Due process before transfer to adult court -Innocent until proven guilty |
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What are SOME rights guaranteed to juveniles in court proceedings?
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-Right to notice of the charges in time to prepare for trial
-Right to counsel -Right to confrontation and cross-examination of accuser -Privilege against self-incrimination |
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What are some risk factors that have been identified by research that contribute to serious, violent, and chronic juvenile crime?
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-Weak family attachments
-Lack of consistent discipline -Physical abuse and neglect -Poor school performance -Delinquent peer groups -High-crime neighborhoods |
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What is the first voluntary juvenile court case in which a juvenile had to waive constitutional rights was established in?
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Kent v. United States
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What are some promising approaches to decreasing youth gangs and gang problems?
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-Target, arrest, and incarcerate gang leaders
-Provide preventive services for youth who are at risk -Crisis intervention or mediation of gang fights -Patrol community “hot spots” -Close supervision of gang offenders by justice and community-based agencies -Remedial education for targeted youth gang members -Safe zones around schools |
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Who are victims of juvenile crimes?
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People they usually know
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Who are special category offenders?
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Offenders who have many more problems than the general population:
(Mentally disordered offenders, Developmentally challenged offenders, Sex offenders, H-I-V infected offenders, Geriatric offenders, and Long-term offenders) |
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What is when the defense alleges that the defendants lack the capacity to understand the charges against them and to cooperate with counsel in the preparation of their own defense (Persons are usually committed to a mental institution until restored to competency)?
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Incompetent to stand trial
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What is a plea entered by the defendant acknowledging guilt, but asserting a lack of capacity to understand the nature of the act or that it was wrong (The convicted offender is sentenced to confinement in either a correctional facility or a mental institution for treatment)?
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Guilty, but mentally ill (GBMI)
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Who injures or has questionable sexual relations or dealing with a person under the age of puberty or legal age: fondling, rape, indecency exposure, etc?
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Child molester
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What are some problems inside the prison in relation to developmentally challenged offenders?
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-Slower to adjust to routine
-Rarely take part in rehabilitation programs -Suffer from practical jokes and sexual harassment -More often denied parole, serving longer sentences -Administrators regard them as a misfit in their system -Higher rates of involvement in violent incidents in prison |
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How effective are sex offender registration laws?
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Supporters argue they are effective because they inform the public
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What are some issues related to registration?
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-Increased violence
-Many sex offenders fail to register -Ineffective monitoring -The value of real estate goes down -False sense of security |
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What are registration laws?
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Laws have become a sexual deviant catching all, and making it difficult to distinguish minor infractions from the more serious offenses. Along with the public registry sexual offenders are restricted in where they can live
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According to previous studies does sex offender registration have an effect on sex offender recidivism rates?
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Results indicate there is no difference in recidivism rates
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Criteria used by prosecutors?
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The crime, victim's race, and offenders race, social class, and economic class
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T or F: The South Carolina Study in class states that if the victim is white and the offender black, the black offender is eight times more likely to face a death sentence than if the victim is black and the offender white.
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True
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T or F: Incarcerated male offenders tend to have significant mental health an medical problems and many fail under correctional control.
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True
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T or F: Approximately 90% of women in prison today are responsible for supporting their children.
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False
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T or F: Victimless crimes are offenses in which the victim does not seem to appear or is equaled o the offender.
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True
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T or F: Crack is the drug of choice for higher income individuals using drugs and usually the sales for crack tend to occur in private homes.
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False
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T or F: Most female inmates abuse drugs and have been abused by others at some point in their lives which makes them a fast growing segment of prisoners.
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True
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