CJ Study Guide

Furman v Georgia banned?

death penalty in all states

Gregg v. Georgia

requires bifurcated trial procedure

Wilkerson v. Utah

appealed to USSC based on 8th Amendment due to sentence of death by firing squad was cruel/unusual — Court upheld constitutionality of sentence

Official misconduct and error- wrongful conviction due to…

flawed forensic evidence, framed by police and/or prosecutors

Ways for a convicted person to obtain relief from death penalty under the claim of racial discrimination

decision makers acted w discriminatory intent/ legislature enacted/maintained death penalty statute bc of an anticipated racially discriminatory effect

Parens patriae

“best interests of the child” — juvenile court assumes superior authority over the authority of the “natural” paren/guardian

Social safety net

government programs that provide for people in need (rather than ending up in same conditions of confinement as a criminal)

Distinguishing characteristic of Cook County juvenile court in 1899

had original jurisdiction — had exclusive jurisdiction over young, justice involved persons

Status offenders

juvenile who commits an act that is only illegal because of their age

What due process rights do juveniles have?

the juvenile intake officer can extensively question the youth and/or the parent/guardian about specific incident, child’s home life, behavior at school, past problems, social development, general health

Primary intent of Juvenile Justice Delinquency and Prevention Act (JJPDA) of 1974

due process rights for justice-involved youths + provides federal funding to states for improvement of juvenile justice systems, services, and facilities

Blended sentencing

allows juvenile/criminal court to impose sentence that can include confinement in juvenile facility and/or in adult prison after individual is beyond age of juveniles courts jurisdiction

Life imprisonment without parole for non-homicide offenses...what has the court ruled when it comes to juveniles?

Graham v Florida (2010)- court reconsidered application of 8th amendment to life sentences for juveniles in non-homicide offenses— court found that “denying juveniles a chance to rejoin society is counter and violates Constitutions ban on cruel/unusual punishment”

Hybrid gangs- description

less territorial, more likely to migrate, frequently begin as school-based gangs, appear outside large cities

Girl gangs- characteristics

members tend to leave gang by they reach their late 20s, many join due to victimization at home (especially sexual abuse), commit fewer violent crimes than boy gangs— drug offenses are most common

Reducing bullying

educational programs (school related/school policy programs), or criminal laws have been adopted to some states (however difficult to enforce)

juveniles as victims— are…

at higher risk of becoming offenders

Transportation Security Administration (TSA)

airport security and passenger screening— shared responsibility of the government and the private airlines

Mutual aid agreements

ensure neighboring jurisdictions can assist in providing personnel and resources to their impacted counterparts

Fusion centers

intelligence agencies set up by states and run by state/local authorities that collect/analyze/disseminate info critical to state/local law enforcement operations related to homeland security and crime fighting

JTTFs stands for?

joint local federal counterterrorism task forces

Smart passports

new passports that contain microchips and radio frequency identification system — machine readable data about travelers

no-fly list created and maintained by…

US government’s Terrorist Screening Center (TSC) not TSA

REAL ID Act (2005)

mandates minimum security standards for driver's licenses and identification cards issued by states/territories

Deinstitutionalization- movement timeframe

mid-20th century

Assisted outpatient treatment legislation (AOT Laws)

individuals with serious mental health needs may be court-ordered to receive outpatient community mental health treatment, including forced medication

CIT- what case lead to this?

man was making threats w knife when police arrived— killed be responding officer — Memphis locals demanded reform (police shooting of person w psychological disorder)

Direct trauma

direct exposure to any type of traumatic experience, may result in physical, psychological, or emotional response

addressing the health and wellness of criminal justice officials- correctional officer and police undergo

experience high stress and psychological issues (depression, hopelessness, PTSD)

Furman v Georgia- year?

1972

Gregg v Georgia- year?

1976

official misconduct/error- wrongful conviction for murder…

false confessions and perjury by co-defedendants, informants, police officers, or forensic scientists

official misconduct/error section- 3 groups most likely to provide false confessions are…

those with intellectual impairment, psychological disorder, and juveniles

delinquent offender

juvenile who commits an act that would be considered a crime if committed by an adult

hybrid gang- characteristrics

adopt symbols of large gangs in more than one city, criminal activity, change name/merge w other gangs, change affiliation, have multiple affiliations, no racial/ethnic lines, gang members move and join new local gang w no ties

goal of anti-bullying programs

teach students mediation/negotiation skills, train teachers/staff in intervention techniques

juveniles as victims- CPS

social service agency investigates abuse/neglect, helps families, removes children from unsafe homes

3 major concerns of CJs in protecting youth are…

violence against children, sexual exploitation of children and missing children — mandated reporting of suspected child abuse

victim children are at higher risk of… ?

becoming offenders

kids can be both…

victims and offenders (ex: sexting)

sexting among minors…

treated as child pornography w serious legal consequences

after 9/11 responsibility was transferred exclusively to..

federal government

In 2001, the aviation and transportation security act created what?

TSA— to oversee security in all modes of travel

goals of TSA

increase effectiveness and efficiency of (1) identifying passengers who were potential threats and (2) screening passengers and luggage for potential weapons and explosives

creation of the TSA was the largest increase…

federal employees in recent history

3 parts of mutual aid agreements

agreements w adjacent jurisdictions, among states or among agencies of different states, that allow states/local governments to leverage existing/new assets to maximum extent possible

what do JTTFS do

provide additional personnel to focus on counterterrorism activities and to funnel intelligence from federal agencies to local agencies

JTTFs primary argument

federal agencies often “do not draw on the full capabilities” of local law enforcement and the local LEAs “often get little back from investment”

No fly list does what?

includes names of people who are prohibited from flying on a plane under any circumstance + names of people to receive additional screening prior to being allowed to board a plane

# of names on the no fly list…

unknown

Real ID Act- fear/critiques

requires reliable documents to establish identity — could create public safety danger bc undocumented immigrants would drive without benefit of being tested

what did deinstitutionalization fund?

community-based mental health services and access to inpatient services, new policies in policing and corrections, restrictive, sentencing guidelines

deinstitutionalization- correctional goals that were once expressed as strictly punitive are now focused on… what?

rehabilitation

CIT- goal

bridge gap between CJ and mental health systems + provide a safe approach to mental health crisis events (police-based program)

CIT- training originated

Memphis, Tennessee -  1987

vicarious trauma

indirect or secondary exposure to traumatic incidents involving others; involves empathetic engagement 

addressing the health and wellness of criminal justice officials- stress

comes from organizational factors (long hours, poor leadership) and operational factors (use of force, trauma exposure) — leads to substance abuse, gambling, sleep issues, and excessive force + stigma prevents officers from seeking mental health support

addressing the health and wellness of criminal justice officials- solutions

education, empathy training, and changing department culture to prioritize mental health

US PATRIOT Act- background

enacted after 9/11 to strengthen national security + expand powers for federal law enforcement and intelligence agencies

US PATRIOT Act- key provisions

surveillance (broadened ability to monitor emails, calls, financial records), detainment (permits longer detention of non-citizens suspected or terrorism), intelligence sharing (between agencies- FBI)

US PATRIOT Act- controversial

due to concerns over privacy, civil liberties, and potential government overreach

terrorism- definition

involves uses of violence or threats to intimidate or coerce, especially for political purposes

domestic terrorism- definition

acts committed within US, by US based individuals/groups

international terrorism- definition

acts carried out by foreign-based groups or individuals directed against US

Acts of terrorism target…?

noncombatants and are premeditated (use fear or violence)

example of domestic terrorism

hate crimes (based on race, religion, gender)

how has the U.S. seen fewer terrorist acts compared to other countries?

has a responsive legal system that evolves to address injustice

what does terrorist aim to do?

convince citizens that they’re oppressed and powerless— encouraging them to resist government through violence

US responses to terrorism

new laws/security measures + landmark civil rights legislation (ex: Civil Rights Act of 1964- addresses inequality without resorting to violence)

terrorism- prevention

recognizing societal injustices and addressing them to prevent radicalization and unrest