CCJS 100 UMD Final Exam

Maddoo!

Cooper vs. Pate

Prisoner rights; prisoners are allowed to sue officials. Set up for the Civil Rights Act 1871.

Marked the end of the Hands-off policy

Hudson vs. Palmer

Prisons/jails can conduct searches of prison cells without cause and can confiscate any items

Wolff vs. McDonnell

Introduced procedural rights for prisoners.

Gave prisoners due process rights for any punishments they received in prison.

Lee vs. Washington

Racial discrimination cannot be policy within prisons

Johnson vs. California

Racial segregation is allowed in prisons to reduce conflicts

Miller vs. Alabama

No mandatory life sentences w/o parole for juveniles. Judges use discretion, but life without parole is not mandatory.

Morrissey vs. Brewer

2 step process before parole can be revoked, due process rights for technical violation revocation

Gagnon vs. Scarpelli

2 step due process before PROBATION can be revoked

Kent vs. U.S

Juvenile has the right to an attorney at a waiver hearing

In re Gault

Juveniles are given due process rights and have the right to an attorney during all proceedings and matters

In re Winship

The burden of proof for juveniles is beyond a reasonable doubt

McKeiver vs. Pennsylvania

Juveniles do not have the right to a trial by jury

Graham vs. Florida

Juveniles cannot be given life without parole for non-homicide crimes

Breed vs. Jones

Juveniles are protected against double jeopardy.

This includes protection from being tried for the same crime in the juvenile court and adult court

Schall vs. Martin

Juveniles can be held in preventive detention

Roper vs. Simmons

US cannot execute anyone under 18 when the crime was committed

Corrections

Variety of programs services: responsible for managing people convicted for a criminal offense accusation

Enlightenment

A movement during the 18th century in England and France in which concept of liberalism rationalism equality and individualism dominated social and political thinking

Penitentiary

An institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform

Separate confinement

A penitentiary system developed in Pennsylvania in which each inmate was held in isolation from other inmates, all activities included craft work, took place in their cells

congregate system

Auburn penitentiary system: each inmate held in isolation during the night but work and ate with the rest of prisoners during the day under a rule of silence

Contract labor system

system for inmates to provide labor on a contract with private employers. provided the machinery and raw materials to create products

Lease system

System where inmates are leased to contractors. Provide food and clothing in exchange for labor

Reformatory

An institution that emphasizes rehabilitation, a mark system of intermediate sentences and parole

Mark system

A point system in which prison can reduce term of imprisonment and gain release by earning marks through labor, good behavior, and educational achievement

Rehabilitation model

A model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

Medical model

Model directions based on the assumption that criminal behavior is caused by biological or physiological conditions that require treatment

Community corrections

A model of corrections based on the goal of reintegrating the offender into the community

Crime control model of corrections

A model corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision

Prison

An institution for the incarceration of people convicted of serious crimes usually felonies

Jail

An institution authorized to hold pretrial detainees and misdemeanors for periods longer than 48 hours

Hands off policy

Judges should not interfere with the administration of correctional institutions

First amendment

Freedom of speech

Fourth amendment

Protection against unreasonable search and seizure

Eighth amendment

The constitutional amendment that forbids cruel and unusual punishment

14th amendment

citizenship, due process, equal protection

Custodial model

A model of incarceration that emphasizes security discipline and order

Rehabilitation model

A model of incarceration that emphasizes treatment programs that help prisoners address the personal problems and issues that led them to commit crimes

Reintegration model

A corrections model that emphasizes maintaining defenders ties to family and community as a method of reform recognizing that the offender will be returning to society

Inmate code

The values and norms of the prison social system that define the inmates' idea of the model prisoner

Use of force

Self defense, defense of third person's, up holding prison rules, prevention of a crime, prevention of escapes

Doing time

Break in criminal career, adhere to rules

Gleaning

Better themselves and improve for release

Jailing

Institutionalized, creating a life in prison and cutting off outside life

Disorganized criminal

Low intelligence, psychological, or physical disabilities and functioning in prison society is difficult

Recidivism

A return to criminal behavior

Community Justice

And model of justice that emphasize reparations of the victim in the community, a problem-solving perspective with regard to crime, and citizen involvement in crime prevention

Technical violation

The probationers failure to abide by the rules and conditions of probation, resulting in revocation of probation

Fine

Money paid to the state by a convicted person as punishment for an offense

Restitution

Make amends for damage usually in the form of money or service by an offender to the victim

Forfeiture

Government seizure of property and other assets derived from or used in criminal activity

Home confinement

A sentence requiring the offender to remain inside his or her home during specified periods

Community service

A sentence requiring the offender to perform a certain amount of unpaid labor in the community

Day reporting center

A community correction center where an offender reports each day to comply with elements of a sentence

Intensive supervision probation

Probation granted under conditions of strict reporting to probation officer with limited caseload

Expiration release

The release of an inmate from incarceration, without further correctional supervision. The inmate cannot be returned to prison for any remaining portion of the sentence for that current offense

Mandatory release

Served time minus good time (27.6% are not supervised)

Discretionary release

The release of an inmate from prison to conditional supervision at the discretion of the parole board with in boundary set by the sentence and the penal law

Conditions of release

Conduct restrictions that parolees must follow as a legally binding requirement for being released

Work and educational release

The daytime release of inmates from correctional institutions so they can work or attend schools

furlough

Temporary release of an inmate from a correctional institution for a brief period

Halfway house

Correctional facility housing convicted felon need to spend a portion of their day at work in the community but reside in the halfway house during nonworking hours

Geographic information system

Computer technology and software used by law-enforcement officials to math problem locations in order to understand calls for service and the nature and frequency of crimes and other issues within specific neighborhoods

Electronic file management

Computerization of court records done to reduce reliance on paper documents and make documents easily accessible to the judge and attorney via computer

CSI effect

A hypothetical but unproven consequence of watching television drama is resolving around forensic science. Some prosecutors and judges believe that these dramas raise jurors expectations about the use of scientific evidence in criminal cases and thereby reduce the likelihood of guilty verdicts and trials that relies solely on witness testimony and other forms of non-scientific evidence

parens patriae

The state as parent the state as gardian and protector of all citizens who cant protect themselves

In re Gault

Juveniles have the right to counsel, to confront and examine accusers, and to have adequate notice of charges when confinement is a possible punishment

In re Winship

The standard of proof beyond a reasonable doubt applies to juvenile delinquency proceedings

status offense

Any activated by juvenile that is considered unacceptable for a child, truancy and running away from home, but that would not be a crime if it were committed by an adult

Waiver

Procedure by which the juvenile court transfers a juvenile case to the adult criminal court

Delinquent

A child who has committed an act that if committed by an adult would be a criminal act

PINS

person in need of supervision: juveniles who are either status offenders or thought to be on the verge of trouble

Neglected child

A child who is receiving inadequate care because of some action or inaction of his or her parents

Dependent child

A child who has no parent or guardian or whose parents cannot give proper care

Diversion

The process of screening children out of the juvenile justice system without a decision by the court

detention hearing

A hearing by the juvenile court to determine if a juvenile is to be detained or released prior to adjudication

Aftercare

Juvenile justice equivalent of parole in which delinquents is released from a custodial sentence and supervised in the community

Juvenile Court Act of 1899

first juvenile justice system

Juvenile intent age

Under age 7 cannot develop intent, 7-14 can

Juvenile rights era

look through the cases, due proces, jury, counsel…

Crime control era

Schall, preventive detention

Kids are different era (NOW)

age limits on death penalty and sentencing

Released on probation

4 out of 7 million people

Invisible punishments

collateral consequences: judgment, stigma, government benefits, felon disenfranchisement (voting).

Reducing supervised time

NONVIOLENT offenders can reduce 2/3 of supervised time (30 days=20 day reduction)

5 Main Issues of Re-Entry

employment, housing, health care, avoiding future criminal behavior, disadvantaged neighborhoods

Definition of reentry

Transient state between liberty and recommitment

3 Concepts of parole

grace (privilege), contract (conditions), custody (corrections)

How many are released on parole?

77%

How many incarcerated women have children?

60%

What percent incarcerated are women?

8%

Probation

most common form off intermediate sanctions: 2/3 of offenders

Who created probation?

John Augustus

Adjudication in juvenile justice

trial/conviction (guilty or innocent?)

Disposition

sentencing for juveniles