History of Punishment and Criminal Justice System

These flashcards cover the key concepts and historical perspectives on punishment, the structure of courts, roles of key players in the criminal justice system, and core principles of modern legal processes.

What are the four objectives of punishment?

1. Provide a negative consequence for undesired behavior 2. Provide victim compensation 3. Deterrence 4. Incapacitation

What is the Code of Hammurabi known for?

It is known for its principle of equal retaliation and establishing a cycle of retribution.

What was trial by ordeal?

An early form of judgement based on whether a person would be saved by divine intervention if innocent.

What is meant by 'wergild' in early punishments?

It refers to compensation paid to victims or their families.

What types of punishments were commonly used in the Middle Ages?

Public humiliation, harsh punishments, banishment, and physical punishments such as the ducking stool.

What were hulks in the context of punishment?

Derelict ships used to house prisoners.

Who emphasized correction over punishment in early reform?

William Penn.

What did Cesare Beccaria argue in terms of punishment?

Punishment must be swift and certain, and it should outweigh the benefits of the crime.

What was the principle of general deterrence?

It involves deterring individuals from crime by making examples of others who have been punished.

What does incapacitation focus on in terms of crime?

It focuses on keeping offenders from committing more crimes by locking them up.

What is the role of trial courts?

Trial courts are where the court process begins, handling arraignments, bail, pleas, and conducting trials.

What is the difference between municipal courts and circuit courts?

Municipal courts handle limited jurisdiction cases typically without jury trials, while circuit courts have general jurisdiction including jury trials.

What is the significance of the Supreme Court?

It is the highest court in the nation and handles appeals from lower courts.

What landmark case ruled that separate schools for black and white students were unconstitutional?

Brown v. Board of Education.

What does the term 'plea bargaining' refer to?

The negotiation process where a defendant agrees to plead guilty to a lesser charge to avoid trial.

What does 'double jeopardy' protect individuals from?

It protects individuals from being tried for the same crime more than once.

What is a 'hung jury'?

A jury that cannot reach a unanimous decision on a verdict.

What are the types of evidence?

Real evidence, circumstantial evidence, and direct evidence.

What does a 'pre-sentencing investigation' entail?

It provides background information on a defendant's life to help determine an appropriate sentence.

What is the main goal of rehabilitation in the criminal justice system?

To transform offenders into law-abiding citizens by addressing the underlying causes of their behavior.

What is meant by 'restorative justice'?

It emphasizes repairing the harm caused by crime through accountability and reintegration into society.

What role does the prosecutor play in the courtroom?

The prosecutor represents the state in criminal cases and makes decisions about which cases to pursue.

What are the eligibility requirements to serve on a jury?

Must be a US citizen, at least 18 years old, and reside in the jurisdiction of the trial.

What is 'voir dire'?

The process of questioning jurors to determine their suitability for serving on a jury.

What is the significance of juries in the courtroom?

Juries protect citizens from governmental oppression and ensure a fair trial based on evidence.

What is the difference between indeterminate and determinate sentencing?

Indeterminate sentencing allows parole boards to determine release dates while determinate sentencing has a fixed release date.

What is required for a bail to be granted under the 8th Amendment?

Bail must not be excessive and must ensure the defendant's appearance at court.

What is a 'writ of certiorari'?

An order from a superior court to review a case from a lower court.

What does 'nolo contendere' mean?

A plea where a defendant does not accept or deny responsibility but agrees to accept punishment.

What is a 'Bill of Indictment'?

A formal accusation presented to a grand jury determining if there is enough evidence to warrant a trial.

What is a 'directed verdict of acquittal'?

A judge's order to the jury that they must acquit the accused due to insufficient evidence.

What constitutes a conflict of interest for a prosecutor?

When personal or political factors influence decisions unrelated to the pursuit of justice.

What is 'jurisdiction' in the context of courts?

The authority of a court to hear certain cases based on geographical or subject-matter criteria.

What does 'capital punishment' refer to?

The death penalty, the most severe form of punishment typically for first-degree murder.

What are mandatory minimum sentences?

Legal requirements that set the minimum length of imprisonment for certain crimes.

What is meant by the 'right to a speedy trial'?

The right guaranteed by the 6th Amendment that ensures trials are held in a timely manner.

What is an 'expert witness'?

A witness who possesses specialized knowledge relevant to the case and can provide opinions in court.

What is the purpose of sentencing guidelines?

To create uniformity in sentencing by considering specific facts related to offenses and defendants.

What does 'arbitration' refer to in early penal systems?

A system where disputes were resolved privately, often with arbitration from the wealthy.

What is the penal system's function in society?

To regulate behavior, compensate victims, deter crime, and incapacitate offenders.