Intro To Criminal Justice Final

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parole

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the early release of a prisoner from imprisonment, subject to conditions set by a parole board

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cruel & unusual punishment

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physical punishment or punishment that is far in excess of that given to people under similar circumstances and is therefore banned by the eight amendment. the death penalty has not been considered cruel and unusual if it is administered in a fair and nondiscriminatory fashion

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jailhouse lawyer

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an inmate trained in law or otherwise educated who helps other inmates prepare legal briefs and appeals

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substantive rights

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a number of civil rights that the courts, through a slow process of legal review, have established for inmates, including the rights to receive mail and medical benefits and to practice their religion

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hands-off doctrine

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the legal practice of allowing prison administrators a free hand to run the institution, even if correctional practices violate inmates' constitutional rights; ended with the onset of the prisoners' rights movement in the 1960's

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furlough

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a correctional policy that allows inmates to leave the institution for vocational or educational training, for employment, or to maintain family ties

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work release

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a prison treatment program that allows inmates to be released during the day to work in the community & returned to the prison at night

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therapeutic communities

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institutions that rely on positive peer pressure within a highly strutted social environment in order to create positive inmate change

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make-believe family

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in female institutions, the substitute family group - including faux mother and siblings - created by some inmates

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prisonization

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assimilation into the separate culture in the prison that has its own set of rewards and behaviors, as well as its own norms, rules, and language. the traditional prison culture is now being replaced by a violent gang culture

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inmate social code

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an unwritten code of behavior, passed from older inmates to younger ones, that serves as a guideline to appropriate inmate behavior within the correctional institution

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inmate subculture

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the loosely defined culture that pervades prisons and has its own norms, rules, and language

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total institution

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a regimented, dehumanizing institution such as a prison, in which inmates are kept in social isolation, cut off from the world at large

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halfway house

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a community-based correctional facility that houses inmates before their outright release so they can become gradually acclimated to conventional society

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shock incarceration

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a short prison sentence served in boot camp-type facilities

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boot camp

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a short-term militaristic correctional facility in which inmates undergo intensive physical conditioning and discipline

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minimum-security prison

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the least secure institution, which houses white-collar and nonviolent offenders, maintains few security measures, and has liberal furlough and visitation policies

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medium-security prison

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a less secure institution that houses nonviolent offenders and provides more opportunities for contact with the outside world

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super-maximum-security prison

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the newest form of a maximum-security prison that uses high -level security measures to incapacitate the nation's most dangerous criminals. most inmates are in lockdown 23 hours a day

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maximum-security prison

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a correctional institution that houses dangerous felons and maintains strict security measures, high walls, and limited contact with the outside world

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medical model

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a correctional philosophy grounded in the belief that inmates are sick people who need treatment rather than punishment in order to help them reform

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convict-lease system

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the practice of leasing inmates to a business for a fixed annual fee

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contract system

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the practice of correctional officials selling the labor of inmates to private businesses

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pennsylvania system

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the correctional model used in pennsylvania that isolates inmates from one another so they would be prevented from planning escapes, make them easy to manage and give them time to experience penitence

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congregate system

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prison system first used in new york that allowed inmates to engage in group activities such as work, meals, and recreation

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penitentiary house

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term used for early prisons, so named because inmates were supposed to have penitence for their sins

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walnut street jail

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an eighteenth-century institution that housed convicted criminals in philadelphia

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hulks

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abandoned ships anchored in harbors and used in eighteenth-century england to house prisoners

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jail

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a place to detain people awaiting trial, to serve as a lockup for drunks and disorderly individuals, and to confine convicted misdemeanants serving sentences less than one year

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prison

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a state or federal correctional institution for incarceration of felony offenders for terms of one year or more

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brutalization effect

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an outcome of capital punishment that enhances, rather than deters, the level of violence in society. the death penalty reinforces the view that violence is an appropriate response to provocation.

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victim impact statement

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a post conviction statement by the victim of crime that may be used to guide sentencing decisions

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chivalry hypothesis

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the view that the low rates of female crime and delinquency are a reflection of the leniency with which police and judges treat female offenders

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consecutive sentences

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prison sentences for two or more criminal acts, served one after the other

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concurrent sentences

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prison sentences for two or more criminal acts, served simultaneously and run together

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mandatory sentence

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a statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses

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sentencing guidelines

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a set of standards that define parameters for trial judges to follow in their sentencing decisions

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determinate sentence

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a fixed term of incarceration, such as three years' imprisonment. many people consider determinate sentences too restrictive for rehabilitative purposes; the advantage is that offenders know how much time they have to serve - that is, when they will be released

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indeterminate sentence

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a term of incarceration with a stated minimum and maximum length, such as a sentence to prison for a period of from 3 to 10 years. the prisoner would be eligible for parole after the minimum sentence has been served. based on the belief that sentences should fit the criminal, indeterminate sentences allow individualized sentences and provide for sentencing flexibility. judges can set a high minimum to override the purpose of the indeterminate sentence

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just dessert

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the philosophy of justice asserting that those who violate the rights of others deserve to be punished. the severity of punishment should be commensurate with the seriousness of the crime

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blameworthy

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culpable of guilty of participating in a particular criminal offense

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equity

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the action or practice of awarding each person what is due him or her; sanctions based on equity seek to compensate individual victims and society in general for their losses due to crime

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rehabilitation

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the strategy of applying proper treatment so an offender will present no further threat to society

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incapacitation

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the policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society

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penitentiary

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a state or federal correctional institution for the incarceration of felony offenders for terms of one year or more

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specific deterrence

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a crime control policy suggesting that punishment should be severe enough to convince convicted offenders never repeat their criminal activity

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general deterrence

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a crime control policy that depends on the fear of criminal penalties. _______ measures, such as long prison sentences for violent crimes, are aimed at convincing the potential law violator that the pains associated with paying for the crime outweigh the benefits

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writ of habeas corpus

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a judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and detention. _______ is a legal device used to request that a judicial body review the reasons for a person's confinement. _______ is know as "the great writ"

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appeal

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a request for an appellate court to examine a lower court's decision in order to determine whether proper procedures were followed

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jury nullification

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a defense tactic that consists of suggesting that the jury acquit a defendant despite evidence that he actually violated the law, by maintaining that the law was unjust or not applicable to the case

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directed verdict

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the right of a judge to direct a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to law

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cross-examination

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the process in which the defense and the prosecution interrogate witnesses for the other side during a trial

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direct examination

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the questioning of one's own (prosecution of defense) witness during a trial

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peremptory challenge

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the dismissal of a potential juror by either the prosecution or the defense for unexplained, discretionary reasons

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challenge for cause

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a request that a prospective juror be removed because he or she is biased or has prior knowledge about a case, or for other reasons that demonstrate the individual's inability to render a fair and impartial judgement in a particular case

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voir dire

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the process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective

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venire

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the group called for jury duty from which jury panels are selected

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preponderance of the evidence

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the level of proof in civil cases; more than half the evidence support the allegations of one side

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proof beyond a reasonable doubt

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the standard of proof needed to convict in a criminal case. the evidence offered in court does not have to amount to absolute certainty, but it should leave no reasonable doubt that the defendant committed the alleged crime

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pro se

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"for oneself"; presenting one's own defense in a criminal trial; self-representation`

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compulsory process

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compelling the production of witnesses via a subpoena

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hearsay evidence

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testimony that is not firsthand but, rather, relates information told by a second party

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confrontation clause

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a part of the sixth amendment that establishes the right of a criminal defendant to see and cross-examine all the witnesses against him or her

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adjudication

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the determination of guilt or innocence; a judgment concerning criminal charges. the majority of offenders charged plead guilty; of the remainder, some cases are adjudicated by a judge and a jury, some are adjudicated by a judge without a jury, and others are dismissed

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bench trial

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a trial of a criminal matter by a judge only. the accused waives any constitutional right to trial by jury

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diversion

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a noncriminal alternative to trial, usually featuring counseling, job training, and educational opportunities

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plea bargaining

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nonjudicial settlement of a case in which the defendant exchanges a guilty pleas for some consideration, such as a reduced sentence

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preliminary hearing

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a hearing that occurs in lieu of a grand jury hearing, when the prosecutor charges via information. three issues are decided: whether a crime was committed, whether the court has jurisdiction over the case, and whether there is sufficient probable cause to believe the defendant committed the alleged crime

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information

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a written accusation submitted to the court by a prosecutor, alleging that a particular individual committed the offense in question

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no bill

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the action by a grand jury when it votes not to indict an accused suspect

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indictment

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the action by a grand jury when it finds that probable cause exists for prosecution of an accused suspect

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presentment

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the report of a grand jury investigation, which usually includes a recommendation of indictment

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preventive detention

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the practice of holding dangerous suspects before trial without bail

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bail reform act of 1984

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federal legislation that provides for both greater emphasis on release on recognizance for non dangerous offenders and preventive detention for those who present a menace to the community

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deposit bail

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the monetary amount set by a judge at a hearing as a condition of pretrial release; the percentage of the total bond required to be paid by the defendant

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manhattan bail project

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the innovative experiment in bail reform that introduced and successfully tests the concept of release on recognizance

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release on recognizance (ROR)

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eligible defendants are released without bail upon their promise to return for trial

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pretrial detention

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holding an offender in secure confinement before trial

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bail

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the monetary amount for or condition of pretrial release, normally set by a judge at the initial appearance. the purpose of ______ is to ensure the return of the accused at subsequent proceedings

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pretrial procedures

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critical pretrial processes and decisions, including bail, arraignment, and plea negotiation

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corrections

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generic term covering a variety of functions carried out by government (and, increasingly private) agencies having to do with the punishment, treatment, supervision, and management of individuals who have been convicted of criminal offenses

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legal punishment

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state authorized imposition of some deprivation (liberty, resources, or even life) upon a person justly convicted of a violation of the criminal law