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Administrative Punishment
Disciplinary actions imposed inside a correctional facility for rule violations (e.g., loss of privileges, segregation)
Administrative Segregation
Isolation of an inmate for safety, security, or disciplinary reasons (solitary confinement)
ADX Florence
Federal supermax prison in Colorado known for extreme isolation and high security
Amicus Curiae
“Friend of the court,” someone who provides information or arguments to assist the court
Anti-Psychiatry Movement
Movement criticizing traditional psychiatric practices as coercive or harmful
Asked and Answered
Objection claiming a question has already been asked and sufficiently answered
Batson v. Kentucky
Case banning racial discrimination in jury selection through peremptory challenges
Booking
Administrative process after arrest where a suspect is recorded, searched, and processed
Case in Chief
The main presentation of evidence and arguments by a party in a trial
Categorical Imperative
Kant’s ethical rule requiring actions to be universally applicable moral laws
Challenge for Cause
Removing a potential juror due to bias or inability to be impartial
Change of Venue
Moving a trial to a different geographic location for fairness
Circumstantial Evidence
Evidence that implies a fact but does not directly prove it
Civil Commitment
Court-ordered confinement of a person for mental health treatment due to dangerousness
Classification Team
Group that determines an inmate’s custody level and facility placement
Collateral Consequences
Indirect penalties following a conviction (e.g., voting limits, employment barriers)
Community Corrections
Alternatives to incarceration such as probation, parole, or halfway houses
Corporal Punishment
Physical punishment inflicted on the body
Directed Verdict
Judge’s ruling ending a case early because no reasonable jury could find otherwise
Discovery
Pre-trial exchange of evidence and information between parties
Diversion Courts
Courts offering treatment-based alternatives to traditional sentencing (e.g., drug courts)
Eastern State Penitentiary
Historic prison known for the separate and silent system of solitary confinement
Friendly Witness
A witness sympathetic to the party that called them
General Deterrence
Punishing offenders to discourage the general public from committing crimes
Grand Jury
Group deciding whether sufficient evidence exists to issue criminal charges
Hands-off Doctrine
Courts’ historical reluctance to interfere with prison operations or conditions
Harmless Error
Legal mistake that does not affect the outcome of a trial
Hearsay
Out-of-court statement used to prove the truth of the matter asserted
typically inadmissible
Holt v. Hobbs
Case requiring prisons to accommodate religious practices under RLUIPA
Home Confinement
Court order requiring offenders to remain at home, often with electronic monitoring
Hostile Witness
Witness opposed or unfriendly to the calling party, allowing leading questions
Humonetarianism
Use of humor to address humanitarian issues in incarceration
Immanuel Kant
Philosopher emphasizing duty, reason, and universal moral law
Incapacitation
Preventing crime by physically restricting offenders’ ability to offend
Indeterminate Sentencing
Sentencing with a range (e.g., 5–15 years) influenced by parole decisions
Indictment
Formal criminal charge issued by a grand jury
Inmate Code
Informal prisoner rules emphasizing loyalty, toughness, and noncooperation with staff
Institutionalization
Dependence on institutional routines to the point of difficulty functioning outside
Intensive Supervision
Strict probation or parole involving frequent contact and monitoring
Probation
Court-ordered community supervision instead of incarceration
Leading the Witness
Asking questions that suggest answers, usually barred in direct examination
Mass Incarceration
Large-scale imprisonment trend in the U.S. since the 1970s
Megan’s Law
Law requiring public notification and registration of sex offenders
Motion to Dismiss
Request to terminate a case due to insufficient legal basis
Motion to Suppress
Request to exclude evidence obtained illegally
Neoliberalism
Ideology favoring free markets and limited state intervention, influencing justice policy
Nolo Contendere
“No contest” plea where defendant accepts conviction without admitting guilt
Nullification
Jury’s power to acquit despite evidence due to disagreement with the law
Parole
Supervised early release from prison with conditions
Penitentiary
Prison focused historically on penitence, reflection, and reform
Peremptory Challenge
Removing a juror without stating a reason (limited in number)
Petit Jury
Trial jury that determines guilt or innocence
Presentencing Investigation Report (PSIR)
Report on an offender’s background used in sentencing
Prison Labor Era
Period when inmate labor was widely exploited for economic gain
Prison-Industrial Complex
Idea that political and economic interests drive prison expansion
Probation
Community supervision alternative to incarceration (duplicate term in list)
Probative Value
The usefulness of evidence in proving something relevant in the case
Protective Custody Unit
Special housing for inmates vulnerable to harm
Punitive Probation
Strict, punishment-focused form of probation with intensive monitoring
Quakerism
Religious influence promoting early penitentiary reform and solitary confinement
Recidivism
Reoffending after prior punishment or rehabilitation efforts
Rehabilitation
Efforts to reform offenders through treatment, education, and programs
Restorative Justice
Justice model focused on repairing harm through accountability and dialogue
Retribution/Retributivism
Punishment justified as morally deserved or proportionate
Reversible Error
Error serious enough to overturn a conviction on appeal
Shock Probation
Early release after a brief, harsh exposure to incarceration
Separate and Silent System
Prison model relying on total inmate isolation and silence
Slaves of the State
Concept allowing forced inmate labor under the 13th Amendment
Specific Deterrence
Punishment aimed at discouraging the individual offender
Speculation
Guess-based testimony or reasoning
grounds for objection
Supremacy Clause
Principle establishing federal law as superior to state law
Textualism
Judicial philosophy focusing on the plain meaning of legal text
Thirteenth Amendment
Constitutional amendment abolishing slavery except as criminal punishment
Total Institutions
Goffman’s term for institutions controlling all aspects of inmates’ lives
Truth in Sentencing
Laws requiring offenders to serve most of their imposed sentence
Wolff v. McDonnell
Case granting inmates due process rights in disciplinary hearings
Victim Impact Statement
Statement by a victim describing harm, used at sentencing
Victim-Offender Mediation
Restorative process bringing victims and offenders together to resolve harm
Voir Dire
Jury selection process where attorneys question potential jurors