crju 101 final

Criminal control model

emphasis on the right of society to be protected from crime and violent criminals

Function of crime control model

Emphasizes punishment and retribution; protects the public, deters criminal behavior, and “gets criminals off the street.”

Retribution

·      those who commit criminal acts should be punished based only on the severity of the crime

four philosophical reasons (justifications) for sentencing individuals

Retribution, deterrence (general & specific), incapacitation, rehabilitation

Deterrence

preventing crime through the threat of punishment

General deterrence

punishing one person to discourage others from committing a similar crime

Specific deterrence

assumes that after being punished, an individual will be less likely to commit the same act

Incapacitation

a strategy for preventing crime by detaining wrongdoers in prison

Selective incapacitation

longer sentences for individuals considered more likely to commit crimes

Collective incapacitation

all individuals who commit the same crime are imprisoned for the same time

Rehabilitation

providing wrongdoers with the resources they need to eliminate criminality from their behavioral patterns

 

Judge

exerts the most influence over the values and norms of the work group. Least informed member of the group – learns facts of the case when presented by attorneys

Bailiff

maintains security and order in the judge’s chambers and courtroom

·      Lead defendant in and out of the courtroom and attend to the needs of jurors

Clerk

Any plea, motion, or other matter acted on by the judge goes through them. They issue subpoenas and coordinate jury selection

Court reporter

records every word said during the trial

Minimum security prisons

house inmates who are a low-security risk. Inmates have more freedom to more about the facility and more privileges. Rehabilitation programs are available

Medium security prisons

House less dangerous inmates. Have less restrictive measures and more contact between inmates. Rehabilitation programs are available

Maximum security prisons

House dangerous felons. Designed with attention to security and surveillance. Inmate’s lives are programmed in a militaristic way. Inmates are monitored with surveillance cameras 24/7. Tower guards are around the facility to keep an eye out for disturbances or escape attempts

Supermax prisons

House the “worst of the worst.” A control led environment which operates in a state of perpetual lockdown

Challenges to reentry

Life on the outside is very different from life inside prison. Adjusting to economic, technological, and social changes; finding housing; finding and keeping a job

Goal of reentry

To promote desistance. The individual must want to and take steps to desist, but individuals need held

Due process model

emphasis on the right of the individual to be protected from the power of the government

Function of due process model

concerned with protecting individuals from the unfair advantage that the government has with its resources

Trial courts

Concerned with questions of fact

Appellate courts

Responsible for reviewing cases concerned with questions of law

Writ of certiorari

request issued to lower courts for the Supreme Court to review the case record

Concurring opinion

Separate opinion prepared by the justice who supports the decision of most of the court but wants to make or clarify a point or voice disapproval of the grounds on which the decision was made

Dissenting opinion

A separate opinion in which a justice disagrees with the conclusion reached by most of the court

Prosecutors

Most dominant figures in the cjs

Roles and responsibilities of prosecutor

initiates and conducts cases in the government’s name and on behalf of the people; use of discretion to determine whether an individual who has been arrested will be charged with a crime, level of charges, and if and when to stop the prosecution

Brady rule

prohibits prosecutors from withholding evidence from the defense

Defense attorneys

Serve as advocates for defendants

Roles and responsibilities of defense attorneys

Represent the defendant at various stages of the custodial process

Investigates the incident the defendant has been charged.

Communicate with prosecutor (negotiate plea bargains)

Prepare case for trial

Submit defense motions

Negotiate a sentence

Determine whether to appeal a guilty verdict

Trial judges’ roles and responsibilities

Takes the role of negotiator to determine whether:

Sufficient probable cause to issue a search or arrest warrant

Sufficient probable cause to authorize electronic surveillance

Enough evidence exists to justify temporary incarceration

Defendant released on bail and amount

Accept pretrial motions by prosecutors and defense attorneys

Accept a plea bargain

Public defenders

appointed to individuals who are unable to afford counsel

Bail

the dollar amount or conditions set by the court to ensure that an individual accused of a crime will appear for future proceedings

Release in recognizance

Alternative to bail; a judge order’s that releases an accused individual from jail with the understanding that they will return of their own free will for further proceedings 

Indictment

charge or written accusation issued by a grand jury

Information

formal charge against the accused by the prosecutor after a preliminary hearing has found probable cause

Discovery

occurs when the defense requests information from the prosecutor

Protections given to defendants

6th Amendment: speedy trial and jury of your peers

Hung jury

when a jury does not reach a unanimous decision

Burden of proof in criminal trial

Beyond a reasonable doubt

Voir dire

the process of questioning prospective jurors to identify potential bias or any connection to the defendant or a victim

Challenges for cause

attorney states reason why a prospective juror should not be included in the jury

Peremptory challenges

jurors excused without a supporting reason or cause 

Opening statements

when attorneys give a brief version of the facts and supporting evidence that they will present during a trial

Direct evidence

establishes the existence of a fact that is in question without relying on inference

Circumstantial evidence

offered to establish, by inference, the likelihood of a fact that is in question

Sequestration

isolation of jury members during a trial to ensure that their judgment is not tainted by information other than what is provided in the courtroom

Double jeopardy

a person cannot be tried or indicted again for the same crime

Indeterminate sentencing

determines the minimum and maximum terms of imprisonment

Determinate sentencing

Period of incarceration for specific consists of a range of years crimes is fixed by a sentencing authority

Good time

allows incarcerated individuals to reduce their sentences while in prison

Truth-in sentencing

Laws which require individuals to serve 85% of their sentence

Sentencing disparity

occurs when those convicted of similar crimes do not receive similar sentences

Sentencing discrimination

occurs when disparities can be attributed to extralegal variables such as gender, age, race, or socioeconomic status

Lethal injection

Most common method of carrying out the death penalty

Probation

Most common form of punishment

Standard conditions of parole

Imposed on all probationers

Punitive conditions of parole

reflects the seriousness of the offense and is intended to increase punishment

Treatment conditions of parole

imposed to reverse patterns of self-destructive behavior

Roles of probation officers

Investigative and supervisory

Parole

the conditional release of a prisoner after a portion of the sentence has been served behind bars

Home confinement

Offenders are required to spend extended periods confined to their homes, sometimes administered in conjunction with electronic monitoring

Home incarceration

requires individuals to always remain at home except for medical emergencies

Electronic monitoring

makes home confinement more viable

New York model

Inmates allowed to work together, while maintaining silence (congregate system)

The Pennsylvania System

based on separate confinement

Custodial model of prisons

incarcerated for reasons of incapacitation, deterrence, and retribution

Rehabilitation model of prisons

stresses the ideals of individualized treatment

Reintegration model of prisons

a correctional institution serves as training to prepare individuals for release into the community

Private prisons

Overcrowding of state-run prisons is the main reason for the emergence of

Issue on jails

Overcrowding

New-generation jails

laid out to make it easier to monitor inmates

Total institutions

prisons that encompass every aspect of an inmate's life

Prisonization

the socialization process through which a new inmate learns the accepted norms and values of prison culture

Relative deprivation

theory that inmate aggression is caused when freedoms and services that the inmate has come to accept as normal are decreased or eliminated

Correctional office job categories

Block officers

Yard officers

Tower guards

Estelle v. Gamble (1976)

established the “deliberate indifference” standard

Expiration release

release of an inmate from prison at the end of their sentence without any further correctional supervision

Pardon

Form of executive clemency; forgives an individual’s criminal punishment

Furlough

Temporary releases – qualify by exhibiting good behavior and leave for a certain amount of time

Civil confinement laws

allow corrections officials to confine sex offenders in non-correctional facilities such as psychiatric hospitals after the conclusion of their prison terms