Criminal Justice

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Probation

Back 1

A sentence of imprisonment that is suspended; instead, the sentence is served while under supervision in the community

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Parole

Back 2

a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement

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Revocation

Back 3

taking back or withdraw a privilege (parole)

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Balancing Test

Back 4

a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater

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Intermediate Sanctions

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Split Sentencing
Shock Probation
Shock Incarceration
Home Confinement

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Split Sentencing

Back 6

A combination of brief incarceration followed by probation

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Shock Probation

Back 7

offender is sentenced to prison and is allowed to apply for probationary release

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Shock Incarceration

Back 8

these programs use "boot camps" to demonstrate reality of prison life
-mainly used for first time offenders
-usually short term

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Home Confinement

Back 9

"house arrest" sometimes combined with electric monitoring
-people may be able to leave during work hours and emergencies

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Penitentiary Era (1790-1825)

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-started in Philadelphia by Quakers
-Rehab through penance (solitary confinement and Bible study)
-"Pennsylvania System"

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Mass Prison Era (1825-1876)

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Started with Auburn Prison (New York)
-Featured group workshops and silence enforced by whipping and hard labor
-"Auburn System" was the primary competitor to the Pennsylvania system

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Reformatory Era (1876-1890)

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-based on the use of indeterminate sentencing
-Started in Elmira (New York)
-Used a system of graded stages
-Ultimately considered a failure

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Industrial Era (1890-1935)

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-Prisoners used for cheap labor
-Labor unions complained
-Hawes-Cooper Act and Ashurst-Summers Act limited inmate labor

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Punitive Era (1935-1945)

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-Characterized by belief that prisoners owed a debt to society
-Custody and institutional security are core values
-Few innovations

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Treatment Era (1945-1967)

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-"Medical Model" suggested inmates were sick and needed treatments
-Include individual or group therapy

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Community-Based Era (1967-1980)

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-based on the idea that rehab cant occur in isolation from the real world
-prisons considered dehumanizing
-led to innovations in the use of volunteers and the extension of inmate privileges

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Warehousing Era (1980-1995)

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-longer sentences with fewer releases
-Prison overcrowding
-greater emphasis on incarcerating non-violent drug offenders

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Just Deserts Era (1995-present)

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-based on justice model
-Emphasis on individual responsibility and punishment

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Early Punishments

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often cruel and torturous:
flogging
public humiliation

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Recidivism

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repeated or habitual relapse, as into crime.

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4th Amendment

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protects people against unreasonable search and seizure

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5th Amendment

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due process

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6th Amendment

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speedy and public trial

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8th Amendment

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protection against excessive fines and cruel and unusual punishment

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Delinquency

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violators of the criminal law

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Status Offenders

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a special category which embraces laws written only for children

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Dependent

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lacking parents to care for them, abandoned or placed for adoption

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abused/ neglected child

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neglected- lacking proper care from parents or guardians

Abused- Physically, sexually, or emotionally abused by custodians

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Juvenile Justice Process

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family court
respondent
interview
petition
law guardian
county attorney
fact finding hearing
affirmative finding
detention facility
focuses on the interest of the child

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Controlled Substance Act

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CSA set up 5 schedules, which classify psychoactive drugs according to degree of psychoactivity and abuse potential

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Comprehensive Drug Abuse Prevention and Control Act

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(1970) forms the basis of federal government efforts

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Harrison Act

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regulated and taxed the importation, and distribution of opiates.

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Drug Schedule type I

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Controlled subtances that have no established medical usage, cannot be used safely, and have great potential for abuse
examples:
heroin
LSD

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Drug Schedule type II

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Substances defined as drugs with high abuse for potential for which there is currently accepted pharmacological or medical use. Most are considered addictive.
examples:
Opium
Morphine
Cocaine
PCP

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Drug Trafficking

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transport of illegal drugs

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Interdiction

Back 36

the interception of drug traffic at the nation's borders. It is one of the many stratigies used to stem the flow of illegal drugs into the United States

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Eradication

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to remove or destroy completely

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Asset Forfeiture

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the authorized seizure of things of value

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Kent v. US

Back 39

Court Upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court

Juveniles are entitled to representation by attorneys at such hearings

This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings

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In Re Gault

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Court held for Gault based on 4 issues related to due process
-notice of charges
-right to counsel
-right to confront/cross examine witness
-protection against self-incrimination

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Interdiction

Back 41

the interception of drug traffic at the nation's borders. It is one of the many stratigies used to stem the flow of illegal drugs into the United States

Front 42

Eradication

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to remove or destroy completely

Front 43

Asset Forfeiture

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the authorized seizure of things of value

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Kent v. US

Back 44

Court Upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court

Juveniles are entitled to representation by attorneys at such hearings

This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings

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Roper v. Simmons

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stated that it was unconstitutional to impose capital punishment for crimes committed under the age of 18

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In Re Gault

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based on 4 issues related to due process
-notice of charges
-right to counsel
-right to confront/cross examine witness
-protection against self-incrimination

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Mickeiver v. Pennsylvania

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said that juveniles were not entitled to a trial by jury

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In Re Winship

Back 48

made clear that juveniles accused of crimes are entitled to the same constitutional protections as adults