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82 Cards in this Set
- Front
- Back
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non criminal wrongs
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torts
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ban on cruel and unusual punishment. --- amendment
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8th
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retribution, deterrence and rehabilitation
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retribution - penal policy in 18th century
rehabilitation - replaced deterrance and was major form of punishment in 20th century |
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Ford v. Wainwright
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(86) executing a mentally ill person who was unable to appreciate what was happening was unconstitutional
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Panetti v quarterman
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(07) it was unconstitutional to execute those who are incompetent for execution, but failed to define the test for competence
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---% are incarcerated in the US for drug offenses
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60%
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--- african american men are in prison/on parold, --- latino men, --- whites
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1/3 aa, 1/6 latino, 1/17 whites
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The risk principle
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targeting the right offenders
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penrose law
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as the size of hte prison population increases, the size of the mental hospital population decreases proportionally and vice versa
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indeterminate/determinant sentence
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fixed minimum and maximum of incarceration/a sentence with a fixed period of incarceration, which eliminated decision making processes of the parole boards
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three types of determinate sentences
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flat time - no parole
mandatory presumptive |
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flat time sentencing (determinate)
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Judges may choose between probation and imprisonment but have little discretion in setting the length of a prison sentence. Once an offender is imprisoned, there is no possibility of reduction in the length of the sentence.
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Mandatory sentencing
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Sentencing in which a specified number of years of imprisonment (usually within a range) is provided for particular crimes.
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presumptive sentencing
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Sentencing that allows a judge to retain some sentencing discretion, subject to appellate review. The legislature determines a sentence range for each crime. The judge is expected to impose the typical sentence, specified by statute, unless mitigating or aggravating circumstances justify a sentence below or above the range set by the legislature.
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--- is now increasingly popular with the public as a rationale for punishment
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retribution
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furman v georgia
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the court held that the way the death penalty was administered was unconstitutional but not capital punishment itself. Voided the death penalty laws of some 35 states.
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Gregg
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Court assumed, without any evidence, that the new guided discretion statues would eliminate the arbitrariness and discrimination
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Furman
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the court found objectionable
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General deterrence
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punishment is assumed to discourage other potential lawbreakers. (death penalty)
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Individual deterance
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keeping that person from committing other crimes in the future
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incapacitation
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society feels safe he/she is confined
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retribution
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society believes that offenders should not benefit from their crimes, but rather they should receive their just deserts or that which is truly deserved
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Moral outrage
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punishment can give society a means of catharsis and relief from the feelings of frustration, hurt, loss and anger
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Rehabilitation
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in hopes the criminal will develop new skills values and lifestyles
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restitution
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wrongdoers should compensate victims for their damages and losses - pay out of pocket expense for victims
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utilitarian approach
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intended to accomplish a useful outcome, such as compensating the victim, deterring the crime, or incapacitating or rehabilitating the defendant.
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shaming penalty
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will make punishment more acceptable to the public and more meaningful to offenders. traditional means of punishishing offenders.
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restorative justice
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uses open dialogue to gain concensus about resolving disputes.. repair the harm and restore the losses caused by offensive activity, encourage offenders to assume responsibility and empower the community to move towards closure.
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indeterminate sentencing
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6-20 years, and a parole board determines the date of release
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focal concerns theory
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blameworthiness, protection of the community, practical constraints and consequence of the sentence
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blended sentencing
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combine the options available in juvenile court with those used in criminal court
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aggravating factors
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elements of the crime, such as killing in an especially brutal or heinous manner, that make the defendant more likely to receive a death sentence
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mitigating factors
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elements of the defendants background or crime, such as experiencing mental illness or acting under duress at the time of the offense, that make life imprisonment the more appropriate verdict.
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declarative knowledge
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understanding of legal concepts
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procedural knowledge
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their ability to know what to do in order to reach a sentencing decision
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truth in sentencing
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require offenders to serve a substantial portion of their prison sentence behind bars, not less than 85%
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How many correctional facilities are there
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1800
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inmate rights
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religion, legal counsel, visitation and medical treatment
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how many people are in prisons or jails
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2.3 million
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Estelle v. Gamble
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governments obligation to provide medical care for those whom it is punishing by incarceration. An inmate must rely on prison authorities to treat his medical needs; if the authorities fail to do so, those needs will not be met.
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from 1980 to 97 the number of people under probation grew by --%, the number on parole grew by ---% and the prisons grew by ---%
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191. 213, 271
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factors accounting or growth in incarceration rate
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12% in offenses committeed, 88% is due to criminal justice changes
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meritor savings bank v vinson
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marked the US supreme Court's recognition of certain forms of sexual harassment as a violation of the civil rights act Title VII
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McKeiver v Pennsylvania
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(71) Juveniles in juvenile criminal proceedings are not entitled to a jury trial by the sixth and fourteenth amendments
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Fare v Michael
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a rule in miranda that if an accused indicates in any manner that they want to remain silent or to consult an attourney, interrogation must cease
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Panetti v Quarterman
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criminal defendants sentenced to death may not be executed if they do not understand the reason for their execution
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McCleskey v Kemp
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(87) Death penalty was upheld
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Atkins v Virginia
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supreme court of the US ruled (02) that executing the mentally retarded violates the 8th amendment ban on cruel and unusual punishment
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four impacts on mandatory minimum sentencing laws
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Mandatory-minimum
Sentencing enhancements “Three-strikes” Truth-in-sentencing |
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Estelle v Gamble
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(73) Medical malpractice did not rise to the level of cruel and unusual punishment simply because the victim was a prisoner
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In re Winship
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Every element in a juvenile case must be proven beyond a reasonable doubt
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Thompson v Oaklahoma
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moratorium on capital punishment was lifted in the United States in which the U.S. Supreme Court overturned the death sentence of a minor on grounds of "cruel and unusual punishment.
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US v Angelos
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involving mandatory minimum sentences presented to the United States Supreme Court. The United States Supreme Court declined to hear the case
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Furman v Georgia
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degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishmen
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Estelle v Gamble
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(73) Medical malpractice did not rise to the level of cruel and unusual punishment simply because the victim was a prisoner
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In re Winship
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Every element in a juvenile case must be proven beyond a reasonable doubt
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Thompson v Oaklahoma
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moratorium on capital punishment was lifted in the United States in which the U.S. Supreme Court overturned the death sentence of a minor on grounds of "cruel and unusual punishment.
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US v Angelos
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involving mandatory minimum sentences presented to the United States Supreme Court. The United States Supreme Court declined to hear the case
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Furman v Georgia
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degree of consistency in the application of the death penalty. The case led to a de facto moratorium on capital punishmen
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Witherspoon v Illinois
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jurors who might have any objection to the death penalty gave too much bias in favor of the prosecution.
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Rasul v Bush
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decision establishing that the U.S. court system has the authority to decide whether foreign nationals (non-U.S. citizens) held in Guantanamo Bay were wrongfully imprisoned
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Harris v Forklift
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Psychological well being of a plantiff was a risk
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In fe Gault
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Fourteenth Amendment to the United States Constitution, juveniles accused of crimes in a delinquency proceeding must be afforded many of the same due process rights as adults such as the right to timely notification of charges, the right to confront witnesses, the right against self-incrimination, and the right to counse
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Roper v Simmons
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it is unconstitutional to impose capital punishment for crimes committed while under the age of 18
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Ewing v California
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upholding a sentence imposed under California's three strikes law against a challenge that it constituted cruel and unusual punishment in violation of the Eighth Amendment
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Gregg v Georgia
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reaffirmed the United States Supreme Court's acceptance of the use of the death penalty in the United States, upholding, in particular, the death sentence imposed on Troy Leon Gregg
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Lockhart v McCree
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Granted McCree habious relief
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Ford v Wainwright
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upheld the common law rule that the insane cannot be executed; therefore the petitioner is entitled to a competency evaluation and to an evidentiary hearing in court on the question of his competency to be executed
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Penry v Lynaugh
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sanctioned the death penalty for mentally retarded offenders because the Court determined executing the mentally retarded was not "cruel and unusual punishment" under the Eighth Amendment
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Amendment 4
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Prohibits unreasonsable search and seizure
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Amendment 5
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Sets out rules for indictment by grand jury and eminent domain, protects the right to due process, and prohibits self-incrimination and double jeopardy
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Amendment 6
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Protects the right to have a fair and speedy public trial by jury, including the rights to be notified of the accusations, to confront the accuser, to obtain witnesses and to retain counsel
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Amendment 7
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Provides for the right to trial by jury in certain civil cases, according to common law
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Amendment 8
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Prohibits excessive fines and excessive bail, as well as cruel and unusual punishment
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Amendment 14
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Defines citizenship, contains the Privileges or Immunities Clause, the Due Process Clause, the Equal Protection Clause, and deals with post-Civil War issues
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Thomas harris
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18 year old who spent 2 years in juvenile hall, but he changed the system
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Marcus
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success case. Got in trouble, bad family, intervened and got him help outside prison
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Lorena Bobbit
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Cut her husbands penis off
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Louise Franklin
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20 anger management cases. Was on probation and after one year worked everything out.
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Michael Vick
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dog fighter, 2 years in prison
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mitgating circumstances
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insanity, mentally handicapped (atkins v georgia), age (roper v simmons)
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Habeas Corpus Petition
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writ requesting a court to review the conditions of incarceration or the basis of detention
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