Priority Crim Final Review

Graham v. Florida

Terrance Graham was convicted of armed burglary at age 16. He served a year for that crime and was then released. A little later at age 17, Graham was tried again for home robbery and was sentenced to life in prison without parole for violating his probation. Since he was still a minor at the time of the crime, the Supreme Court ruled that it was unconstitutional to give him life for a crime that was not murder before he was a legal adult. In result of that decision, Graham was resentenced to 25 years in 2012.

Patria Postestas

A father’s right to use strict discipline for ill-behaved children.

Parens Patriae

Latin for ‘parent of his country’ or ‘the state is the father’. A doctrine that gives the state the power to act as a child’s parent.

Delinquency

Illegal actions by a youthful offender.

In Loco Parentis

Actions taken in place of parents when dealing with juveniles.

Guardian ad litem

A court-appointed attorney who protects the interests of the child in cases involving the child’s welfare.

Shame

The painful feeling arising from the consciousness of something dishonorable, improper, ridiculous, etc., done by oneself or another: Disgrace.

Strict interpretation

Typically deciphers the words of the Constitution as literal, discounting the current contact socially, historically, or technologically, and focusing on the plain language contained in the document and how to apply the literal meaning

Adversarial system

A system used n the United States in which prosecutors and defendants compete against each other to reveal the truth.

Legal Guilt

An innocent person can be charged, tried and convicted of a crime.

Factual Guilt

Whether or not someone actually committed a crime.

Hearsay Rule

A basic rule that hearsay is inadmissible in court.

Dying Declaration

An exception to hearsay rule that allows the dying words of a witness to a crime to be used in court.

Excited Utterance

An exception to hearsay rule. A statement made by a person during a shocking or upsetting event. Words blurted out during the stress of excitement may be entered into court.

Reputation concerning character

An exception to hearsay rule. Allows witnesses to testify under oath about the reputation of a person's friends and acquaintances.

Example of dying declaration

"My husband shot me!"

Example of excited utterance

"I just shot my wife!"

Voir dire

The process in which the prospective jurors are questioned in the court under oath to attempt to uncover inappropriate jurors.

Retribution

A goal of law that states that punishment is deserved or morally right. In addition, it is a goal of sentencing that seeks to punish the offender for criminal behavior.

Incapacitation

Sentencing goal that isolates the offender from the public and takes away one's ability to commit a crime against those in the public.

Rehabilitation

Sentencing goal that that seeks to reduce chances of future offending though education, alcohol or drug programs, psychological programs, and other treatments.

Deterrence

Sentencing goal that seeks to dissuade the offender and others in the public from committing crime.

Recidivism

The tendency of a convicted criminal to reoffend.

Punish

This is one goal of community-based corrections, designed to deter future criminal acts.

Forfeiture

A community corrections sanction in which the criminal’s material possessions may be seized if the items were related to the commission or outcome of a criminal offense.

Adjudication

A hearing to ensure that a juvenile’s due process rights have not been violated. Similar to a criminal court trial in the adult system.

Deferred Status

Also known as informal probation, it requires that a youth stay out of trouble for a certain length of time in order for the charges to be dismissed.

Indictment

A formal accusation that an individual has committed an act punishable by law, typically presented by a grand jury.