Criminal Justice 100 final

Bench trial

Judge acts as fact finder and determines issues of law

Jury trial

A panel of citizens determine issues of law and deliver verdict

real evidence

physical evidence

demonstrative evidence

demonstrates info relevant to a crime

testimony

oral evidence provided by witness

direct evidence

eye witness account

circumstantial evidence

provided by witness but jury must infer fact

perjury

lying under oath

hearsay

out-of-court statement introduced to prove the truth of a matter asserted

dying declaration

hearsay exception; dying words of witness

beyond a reasonable doubt

burden of proof for criminal cases

deliberation

jury’s decision making process

sequestered

isolating jury to prevent tampering

hung jury

deadlocked jury; unable to agree on guilt or innocence

mistrial

trial ends without normal conclusion

acquittal

jury determines the defendant to be not guilty

proportionality

indicates that the severity of sentencing should correspond to the severity of the crime committed

equity

focuses on the desire that similar crimes be punished in similar ways and with similar severity

social debt

indicates the need to take into account the prior criminal behavior of the offender

goals of punishment

• retribution

• deterrence

• incapacitation

• rehabilitation

• restoration

retribution

• oldest punishment philosophy

• Lex talionis - the ;aw of retaliation

• offenders are punished bc they deserved to be disciplined for their misdeeds

deterrence

• discouraging future behavior

• free will & rational choice

• hedonistic calculus

certainty (deterrence)

guarantee of punishment

severity (deterrence)

harshness of punishment

celerity (deterrence)

swiftness of punishment

general deterrence

dissuading persons from committing offenses based on punishments given to others for crimes

specific deterrence

dissuading offenders from future criminal behavior

recidivism

repetition of criminal behavior or habitual criminality

incapacitation

decrease the physical capacity for the deviance/criminal behavior through physical restraint

rehabilitation

• medical model: “treating offenders so they may become well adjusted law-abiding citizens

• corrections: “we correct individuals behaviors

restoration

• restore individuals (victims & offenders) and the community to a state of unity

• offender takes responsibility for actions and makes amends with the victim

• recovery process is beneficial for both victim & offender

determinate (sentencing)

fixed time

indeterminate (sentencing)

fixed min & max (range)

mandatory (Sentencing)

determined by statute (three strikes laws)

bifurcated trials

double trial cases

• 1st trial for guilt

• snd for determining death penalty

assumptions

• seek to keep offenders in community by building ties

• “least restrictive alternative”

• both the offender & aspects of community must change

Probation

• conditional release into community

• can be the only sentence/punishment

• compliance is needed to successfully complete

conditions (probation)

• drug testing

• curfews

• stay away from people, places

• treatment

often combined (probation)

• fines

• restitution

• community service

Probation consequences

• failure to comply w/ conditions or recidivism result in a violation of probation

• probation violations can result in revocation or longer probation sentence

probation officers

oringally deemed to be “moral leaders”

1940s probation officer

• counselors

• solved psychological & social problems

1960s probation officer

social workers

1970s-present probation officer

risk control

revocation

occurs w/ new arrests, convictions, failure to comply

technical violation (revocation)

failure to abide by rules and/or conditions of probation

legal violation (revocation)

commits a new crime

Mempa v Rhay (1967) revocation trials

probationers have a right to counsel at revocation hearings

Gagnon v Scarpelli (1973) revocation trials

revocation requires both a preliminary and final hearing

fines (intermediate sanctions)

monetary penalty paid to the state

restitution (intermediate sanctions)

payment to victim for losses suffered

forfeiture (intermediate sanctions)

seizure of property or assets by the state

ELMO (intermediate sanctions)

electronic monitoring

Home confinement (intermediate sanctions)

requires that an individual remains inside his/her home during certain periods

community service (intermediate sanctions)

unpaid labor

day reporting (intermediate sanctions)

community correction center where individual must report everyday

probation officer duties

• investigation, especially the preparation of the pre-sentence report

• offender risk assessment and classification, both static and dynamic risk predictors

• probationer supervision is their most widely known responsibility

penology

study of principles of punishment for criminal acts

penitentiary

correctional facility whose purpose was to punish and reform

separate confinement (Pennsylvania system)

each inmate was isolated from others and all activities occurred in cells

Pennsylvania system

• walnut street jail

• eastern state penitentiary

congregate system (new york system)

isolation at night, work and ate in silence w/ other prisoners in day

the new york system

• auburn system

• benefits of work & meditation

• work to pay for food, clothing, shelter

Elmira reformatory (reformatory movement)

institution for young offenders emphasizing:

• training

• a mark system

• indeterminate sentences

• parole

reformatory movement

Zebulon brockway, superintendent and leader

Mark system

inmates had to earn a predetermined number of marks in order to be eligible for release

education in 3 years (mark system)

• academics

• vocation

• morals

super max prison

most secure and restrictive (federal)

maximum security

most secure (states); violent offenders

medium security

less serious offenders

minimum security

nonviolent, white-collar

jails

• house everyone

• vary in size (<10 or > 8,000)

• usually run by elected county official

prison society

• traditions, norms, leadership structure

• inmate code - shared norms and values

• violations result in shunning or behavioral adjustments

deprivation model

inmates adapt to having basic rights and needs withheld or limited

pains of imprisonment

• deprivation of liberty

• goods and services

• heterosexual relationships

• autonomy

• security

convict criminology

study of crime and correctional systems from inmates perspective

thief subculture

professional criminals that value loyalty, trustworthiness, and reliability to each other

convict subculture

import outside values and follow the inmate code

legitimate subculture

identify w/ staff and take advantage of opportunities while incarcerated

Doing time

cost of doing business

Gleaning

take advantage of programs

Jailing

cutoff from outside, institutionalized

Disorganized criminal

do not adapt

Commissary (prison economy)

prison store/bank account

Informal economy (prison economy)

contraband, services

Classification

assessment based on security needs, treatment, education, work assignments

Educational

• GED

• college

Vocational

• trades

  • plumbing

  • mechanics

Rehabilitative

• substance abuse

• violence

Violence in prisons

• inmate vs inmate

• inmate vs. CO

• CO vs. inmate

Factors that contribute to violence

• inadequate supervision

• architectural design of facility

• availability of weapons

• mixing inmates

• close quarters

Maximum expiration

release following full completion of prison sentence

Parole (How to get released)

provisional release of inmate via parole board

• discretionary

• mandatory

Parole

Conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served

Parole rests on 3 concepts

• grace

• contract

• custody

Conditions of release

conduct restrictions that parolees must follow as legally binding requirement of being released

Conditions of release, common conditions

• housing

• employment

• meeting w/ parole officer