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What are the three purposes of courts?
Truth-seeking, punitive, symbolic.
What does 'limited truth' mean in trials?
Courts only discover truth relevant to charges, not the full story of events.
What system does the U.S. use?
Adversarial system (prosecution vs. defense).
What are key protections for defendants in the adversarial system?
Presumption of innocence, burden on state, proof beyond reasonable doubt, Brady rule, double jeopardy protections.
What is the courtroom workgroup?
Cooperative functioning of prosecutors, defense attorneys, and judges to keep cases moving.
Why are prosecutors considered the most powerful?
They choose charges, influence bail, and control plea offers.
What percent of cases end in plea bargains?
Over 95%.
What happened in the Nifong (Duke Lacrosse) case?
Prosecutor hid exculpatory DNA evidence and was disbarred.
What must happen within 48 hours of arrest?
Initial appearance before a judge.
What happens at arraignment?
Charges read, defendant enters plea.
What case required states to provide counsel to the poor?
Gideon v. Wainwright (1963).
What is the main problem with cash bail?
Punishes poor defendants; many remain jailed because they cannot pay.
What reforms address bail inequality?
Risk-assessment tools (NJ), elimination of cash bail (IL), Humphrey ruling in CA.
What are the four main philosophies of punishment?
Deterrence, incapacitation, rehabilitation, retribution.
What does deterrence rely on?
Certainty, swiftness, severity.
What is incapacitation?
Removing offenders from society (prison, LWOP, death penalty).
What is retribution?
Punishment because the offender morally deserves it (Kant).
What were early American prison systems?
Pennsylvania (separate/silent), Auburn (congregate labor + silence).
Why did rehabilitation decline in the 1970s?
Critiques from left, conservatives, and antipsychiatry movements.
What are major causes of mass incarceration?
War on Drugs, political incentives, mental health cuts, tough-on-crime laws.
What is the prison-industrial complex?
Economic/political interests benefiting from expanded incarceration.
What is inmate 'classification'?
Assessment to assign security level and housing.
What is the inmate code?
Don't snitch; don't show weakness; don't trust guards.
How do gangs affect prisons?
Replace old inmate code; exert control; increase violence.
What are issues specific to women in prison?
Trauma history, childcare issues, more disciplinary infractions, vulnerability to staff abuse.
What rights do inmates retain?
Limited free speech, some due process, religion, limited access to courts.
What is the significance of Wolff v. McDonnell?
Ensured due process in prison disciplinary hearings.
What are collateral consequences of imprisonment?
Family strain, loss of income, stigma, barriers to housing/work.
What is community corrections?
Punishing while keeping offenders in community (probation, diversion, electronic monitoring).
What is diversion?
Redirecting offenders to treatment (drug/mental health courts); can reduce recidivism.
What is the difference between probation and parole?
Probation = instead of prison; Parole = early release from prison.
What is the biggest issue with sex offender restrictions?
Policies often ineffective; most child abuse from known persons, not strangers.
What is restorative justice?
Victim-offender dialogue promoting repair, responsibility, and healing.
What case reinstated the death penalty?
Gregg v. Georgia (1976).
What are bifurcated trials?
Two phases: guilt → sentencing.
What is a death-qualified jury?
Jurors must be willing to impose death → more conviction-prone.
What groups are prohibited from execution?
Juveniles (Roper v. Simmons), intellectually disabled (Atkins v. Virginia).
Does the death penalty deter crime?
No reliable evidence.
Why is capital punishment more expensive?
Longer trials, appeals, special procedures.
Why is juvenile crime treated differently?
Brain development → impulsivity, greater capacity for change.
What did In re Gault establish?
Due process rights for juveniles (counsel, notice, confrontation).
What are status offenses?
Offenses only illegal due to age (truancy, curfew, running away).
How do school searches differ?
Lower standard of suspicion (T.L.O.).
Why are minority youth disproportionately punished?
Bias, 'adultification,' structural inequality.
What case banned mandatory LWOP for juveniles?
Miller v. Alabama.
Who is Mario?
A 17-year-old wrongfully convicted of murder.
What are the main issues in Mario's case?
Eyewitness misidentification, ineffective counsel, ignored evidence (shooter left-handed vs. Mario right-handed).
Why was trying Mario as an adult harmful?
Adults face harsher penalties, violent environments, fewer protections.
Who helped overturn Mario's conviction?
Sister Janet (advocate), pro bono attorneys.
What legal tool freed Mario?
Habeas corpus based on collapse of adversarial process.
What are the themes of Mario's case?
Systemic failure, wrongful convictions, role of advocacy, juvenile vulnerability.