Politics of the Criminal Justice System Chapter 7

Preventative Detention

Holding a defendant in jail before trial if considered a risk to public safety.

Incapacitation

A sentencing philosophy aimed at keeping serious offenders in prison and off the streets.

Mandatory Sentences

Laws requiring judges to impose predetermined sentences for specific crimes, limited judicial discretion.

Mass Incarceration

The substantial increase in the number of incarcerated people in the U.S. over the past several decades.

Collateral Damage

Unintended and indirect consequences of a policy or action, in this context, affecting communities, families, and race relations.

Bail

Temporary release of an accused person awaiting trial, sometimes on condition of a money payment.

Felony Arrest Rate

The rate at which individuals released on bail are rearrested for felony charges.

False Positives

Incorrectly predicting that a defendant will commit a crime, leading to unnecessary detention.

False Negatives

Failing to predict that a defendant will commit a crime, leading to release despite being a risk.

FTA (Failure to Appear)

When a defendant does not show up for their scheduled court hearing.

Predictive Accuracy

The ability to correctly predict future criminal behavior.

Actuarial Method

Using statistical models based on objective criteria to predict criminal behavior.

Mass Incarceration

The substantial increase in the number of incarcerated people in the U.S. over the past several decades.

Speedy Trial

Ensuring a defendant’s right to a prompt trial to reduce time spent on bail and prevent misconduct.

Case Disposition

The final settlement of a criminal case, which may not always involve a courtroom trial.

Selective Incapacitation

Targeting high-rate offenders or career criminals for imprisonment.

Gross Incapacitation

Imprisoning a large number of offenders regardless of their criminal histories.

Prediction Instrument

A tool used to predict future criminal behavior based on background characteristics and past behavior.

Sentencing Policy

Guidelines and principles used to determine the punishment for offenders.

Recidivism

The tendency of a convicted criminal to reoffend.

Sentencing Policy

Guidelines and principles used to determine the punishment for offenders.

Social Costs

The total costs to society, including both direct and indirect costs, associated with a particular action or policy.

Replacement Factor

The phenomenon where new criminals replace those who are arrested, maintaining crime rates.

Proportional Increase

A rise in quantity that maintains the same ratio relative to another quantity.

Sophisticated Programs

Advanced and complex police initiatives aimed at reducing crime.

Predictive Formula

A scientifically valid method to predict future criminal behavior for selective imprisonment decisions.

Fade-Out

The gradual decline in the effectiveness of innovative programs.

Rockefeller Drug Law

A set of harsh drug laws enacted in New York State in 1973, emphasizing mandatory prison sentences for drug offenses.

Life-Without-Parole

A sentence that means the convicted individual will spend the rest of their life in prison with no opportunity for parole.

Truth-In-Sentencing

Laws requiring offenders to serve a significant portion of their sentence before being eligible for release.

Good-Time Provisions

Policies that allow prisoners to reduce their sentence by behaving well.

Three-Strikes-Laws

Statutes that impose severe sentences on repeat offenders after their third offense.

Punitive Attitude

A public sentiment favoring strict punishment and imprisonment for criminals.

Celebrated Case Syndrome

Public reaction to highly publicized and unusual criminal cases driving policy changes.

Mandatory Minimum Sentences

Prescribed minimum prison terms that must be imposed for specific crimes.

Class A-I Offenders

Major heroin dealers facing fifteen to twenty-five years to life imprisonment.

Class A-II Offenders

Middle-level heroin dealers facing six to eight and one-third years to life imprisonment.

Class A-III Offenders

Minor heroin dealers facing one to eight and one-third years to life imprisonment.

Habitual-Criminal Provision

Mandatory prison terms for offedners with prior felony convictions.

Drug Treatment Alternatives

Programs offering treatment for drug addiction instead of incarceration.

Racial Disparities

Unequal treatment and impact of laws on different racial and ethnic groups.

Truth-In-Sentencing Laws

Laws requiring offenders to serve a significant portion of their sentence before becoming eligible for release.

Sentencing Project

An organization that reports on and advocates for sentencing reform.

Justice Reinvestment

A framework prioritizing alternatives to incarceration for nonviolent offenders.

Three-Strikes-Law

Laws imposing severe penalties on repeat offenders after their third offense.

Achievement Earned Time

A policy advancing parole eligibility based on certain achievements for good behavior.

Federal Sentencing Guidelines

Rules that set out uniform sentencing policies for individuals convicted of federal crimes.

Comprehensive Crime Control Act

A 1984 act that directed the development of federal sentencing guidelines.

Possession with Intent to Distribute

A charge for possessing drugs with the intent to sell or distribute them.

U.S. Sentencing Commission

An independent agency that develops sentencing polices and practices for the federal judiciary.

Inconsistent Application

Uneven enforcement or implementation of laws or policies, leading to disparities.

Disparities

Differences in treatment or outcomes, often considered unfair or unjust.

Life Without Parole (LWOP)

A life sentence without the possibility of parole.

Graham v. Florida

A 2010 Supreme Court case ruling that juveniles (except for murder) cannot be given the harshest sentences based on adolescent brain development.

Miller v. Alabama

A 2012 Supreme Court case ruling that LWOP for juveniles without considering age and relevant factors violates the Eighth Amendment.

Eighth Amendment

The constitutional amendment prohibiting cruel and unusual punishment.

Justice Department Report

A government report assessing the effectiveness of mandatory sentencing.

Circumvented

Avoided or bypassed, often referring to legal requirements.

Unduly Harsh

Excessively severe or strict, often referring to punishments.

Persistent Offender Accountability Act

The first three-strikes law, enacted in Washington in 1993.

Selective Incapacitation

A strategy aiming to identify and imprison offenders who are most likely to commit serious crimes.

Repeat Offender Law

Laws mandating harsher penalties for individuals convicted of multiple offenses.

Justice Policy Institute (JPI)

An organization that evaluates and advocates for criminal justice policy reform.

Proposition 36

The Substance Abuse and Crime Prevention Act, passed in California in 2000, requiring drug treatment for eligible offenders instead of prison.

Get-Tough Approach

Policies emphasizing strict and severe penalties for criminal offenses.

Arbitrary Justice

Inconsistent and unpredictable enforcement of laws, leading to unfair outcomes.

Mechanical Formula

A rigid and inflexible approach to sentencing that does not account for individual circumstances.

Sex Offender Registration

Laws requiring sex offenders to register with authorities upon release.

Community Notification

Policies requiring authorities to inform the public about where sex offenders live.

Megan’s Law

A 1996 federal law requiring sex offenders to register with state officials and allowing community notification.

Adam Walsh Act

A 2006 federal law expanding sex offender registration requirements and including juveniles.

Center for Sex Offender Managment (CSOM)

An organization providing data and resources on sex offender management.

Overbreadth

Laws applying to a wide range of individuals when intended, including those not likely to reoffend.

Residency Restrictions

Laws that limit where sex offenders can live, often based on proximity to schools or parks.

Ostracism

Exclusion from society.

Overincarceration

The excessive use of imprisonment as a solution for a crime, often leading to negative societal impacts.

Gross Incapacitation

Policies that involve extensive use of imprisonment to prevent crime.

Human Rights Watch Report

A report highlighting issues with current policies and suggesting that there are no easy answers to dealing with sex crimes and offender management.

What is Walker’s reasoning for Proposition 15: Preventative detention will not reduce crime?

Preventative detention only led to mass incarceration.

What is Walker’s reasoning for Proposition 16: Incapacitation, whether selective or gross, is not a realistic strategy for reducing serious crime?

Cross-state comparisons and trends in the 1990s showed no clear link between incarceration rates and crime reduction.

What is Walker’s reasoning for Proposition 17: Mandatory sentencing, in all of its forms, is not an effective means of reducing serious crime?

They fail to differentiate between the severity of crimes, leading to harsh sentences for minor offenders.

What is Walker’s reasoning for Proposition 18: Sex offender registration, notification, and residency restriction laws are not effective in preventing repeat sex crimes and in certain respects inhibit effective control and treatment of offenders?

These policies exaggerate the problem and hinder effective control.