CJ 215 midterm exam

Incapacitation

a method of preventing crime by removing the offender from the community

Rehabilitation

restoring or establishing an offender’s ability to contribute constructively to his or her individual and community well-being, usually through correctional programming and treatment services targeting the issues that led to his or her criminal behavior

Deterrence

punishment is harsh enough that it deters the next person from doing that crime

Retribution

revenge, an eye for an eye

Restoration

punishment should make the victim feel whole again

Auburn v PA System

Auburn- allowed prisoners to work together in groups during the day but kept them in solitary confinement at night

Pa- required complete solitary confinement 24/7 for reflection

Determinate Sentencing

a sentence to confinement for a fixed or minimum period that is specified by law

Indeterminate Sentencing

varied # of years, when a judge gives a sentence with a range of years ex) five to ten years

Sentencing Guidelines

set of rules that provide a range of punishment for a criminal offense based on the offense seriousness and defendants criminal history

Who Prepares the Pre-Sentence Reports?

probation officers

Plea Bargain

agreement in a criminal case where the defendant pleads guilty to a lesser charge or for a more lenient sentence in exchange for avoiding a trial

Mitigating Factors

no prior offenses

Aggravating Factors

previous conviction

Criminogenic Needs

likelihood of reoffending but are generally of a dynamic/changeable nature

Non-Criminogenic Needs

factors like homelessness, severe mental illness, not been found to directly correlate to reoffending

Diversion Programs

an alternative to a traditional legal/social process that redirects individuals toward rehabilitation and support services instead of harsher penalties

Jails

under a year, people awaiting trial, violate probation/parole

Prison

a year plus, convicted felons

Recognizance

a release, with out the requirement of a posting bail, based on a written promise by the defendant to appear in court

Remand

keeping a person in custody (jail) while they are awaiting trial or further court proceedings.

Alternatives to Incarceration

probation

house arrest

diversion programs

electronic monitoring

Conditions of Probation

court ordered rules like obey laws, check with PO, drug/alcohol test

John Augustus

father of probation

Technical Violations

failures to follow the rules of probation

Law Violations

new offenses

Revocation

formal cancellation of previous granted privilege like parole / probation

Prison Primary Goal

punishment

Reentry

formally incarcerated individuals transitioning back into society

Probation V. Parole

Probation is before prison, parole is after prison

Parole= a period of conditional community-based correctional supervision following incarceration

In Re Gault

juvenille defendants are entitled to the same basic rights as adults

Adult v Juvenile System

juveniles must receive education service