exam 2 study guide for criminal justice

extra credit question?

walnut street jail.

what are correlates of jail incarceration?

• men are overrepresented, non-white groups are overrepresented, relativity young and most never married.

• It is heavily concentrated among young, male, and Black individuals, often driven by local policies and, increasingly, rural-urban disparities.

what makes jails significantly from prisons?

• less programs, less physical mobility, closer quarters, worse vistitations.

what are the five deprivations experienced by people incarcerated in prisons?

1. Liberty (movement).

2. Autonomy (make decisions).

3. Security (forced to live inside, prison walls).

4. Goods & Service (basic needs, food, hygiene).

5. Heterosexual relationships (disrupts family + social structure).

how many people are estimated to be incarcerated in the U.S?

• nearly 2 million.

how do federal + state prisons consider risk management?

• states have 3 levels -> low,medium,high.

• federal have 5 levels -> minimum, low, medium, high, administrative.

why was prison labor considered beneficial in the early 20th century?

• keep prisoners occupied (no energy -> too tried to fight).

• benefit from work (learn skills).

• offsets costs of rehabilitative.

• convict leasing labor of prisoners (sell their labor to companies)

what were the two early models of correctional systems in the united states?

• the pennsylvania system → “solitary confinement”.

• the auburn system → “congregate + silent system” : allowed to eat + work together but forbidden to speak to each other + locked anole at night in cell.

what is the relationship between the use of the death penalty and the imposition of life sentences?

• life sentences (LWOP) are often considered "alternatives" to capital punishment.

• as some states have abolished/reduced their use of capital punishment -> "LWOP" goes up.

• death penalty goes down -> life sentences go up.

what has been the trend between violent crime rates + use of life imprisonment?

• as violent crimes have gone down, the use of life imprisonment has gone up.

• disconnect between crime trends and sentencing severity.

what proportion of lifer population is elderly?

30%.

what does public opinion polling suggest about americans support for the death penalty?

• more people are still in favor of the death penalty, even through gap shrunk.

• 53% favor + 44% oppose.

what are the reasons that explain the declining use of capital punishment?

• declining murder rates, defense lawyering effect, cost of capital trials and declining death row populations.

what is significance of Thorsten Sellin’s research on the death penalty?

• death penalty didn't have deterrence effect on homicide.

• he found that states with the legal death penalty had same rates with states that abolished death penalty.

what were the arguments used to rationalize the death penalty?

• general deterrence, incapacitation, retribution and costs.

what did the supreme court rule in Furman v. Georgia (1972) and Gregg v. Georgia (1976)?

• Furman v. Georgia (1972) → the death penalty is unconstitutional.

• Gregg v. Georgia (1976) → the death penalty is constitutional doesn't violate eight/fourteen amendments.

In what region have most executions occured?

• 82% southern states like florida and texas for example.

In how many U.S states is the death penalty legal?

• legal in 27 states.

what does the “Black Box” of plea bargaining refer to?

• Lack of transparency, the invisible + unrecorded process of negotiations where prosecutors + defense attorneys reach deals (private discussions, uneven power dynamics etc), deals/negotiations -> often occurred behind closed doors.

what factors influence plea bargaining outcomes?

• curative factors -> pretrial detention, the death penalty.

• legal factors -> strength of the evidence, charge severity.

• criminal law -> substance of criminal cases.

• caseloads.

what did the supreme court rule in Brady v. United States (1970s)?

• ruled that the guilty plea is considered "voluntary" as long as defendant was represented by counsel, understood the pleas consequences and wasn't threatened with physical force.

what are the three main types of bargains?

• charge bargaining → agreement to add/drop charges (change label).

• sentence bargaining → agreement to lesser sentence lighter sentence (doesn't change label).

• fact bargaining → agreement to omit/not present certain facts that might result in harsher sentence.

what are the four types of pleas?

• not guilty -> innocent goes to trial.

• guilty -> waives right to trial.

• no contest -> accepts punishment as if guilty but doesn't admit guilt.

• alford plea -> maintains innocence but admits evidence is good, accepting but "didn't do it".

what proportion of criminal cases get resolved through plea bargains?

• 95% of cases mostly felony + criminal cases.

what is plea bargaining?

• informal + regulated progress by which prosecutors come together to plead guilty in exchange for reduced charge or lighter sentence.

what is the bifurcation hypothesis?

• sentencing has spilt into two extremes → lenient : community-based outcomes for minor crimes and much harsher, longer punishments for serious offenses.

what is the impact of sentencing policy on mass incarceration?

• sentencing policy drives mass incarceration by setting harsher penalties + limiting discretion, which leads to more people being sent to prison for longer periods.

what were the positions of different stakeholders in calling for state reform?

• penal abolitionists + humanitarians want reduced severity.

• academic/civil rights advocates want fair sentences + reduce disparities.

• law enforcement wants harsher punishment.

• ultilartiains want more effective sentencing.

what are/were the reasons for sentencing reform in the mid-1970s?

• sentencing reform in the mid-1970s came from widespread concerns about unfairness + ineffective rehabilitation, leading to limits on judicial discretion + more power for prosecutors.

what are the four periods of American Sentencing reform?

• Indeterminate Sentencing (1930-75) -> rehabilitation, compassion, restraint.

• Sentencing reform (1975-84) -> justice as fairness, equal treatment.

• Tough on Crime (1984-96) -> expulsion/outlaws severity.

• Equilibrium (1996-2013) -> ambivalence, severity, bifurcation.

what are the “others” in the courtroom?

• judge,lawyer,defendants, plaintiffs, bailiffs/deputies, court reporters etc.

what are the three main types of indigent defense system?

• Public Defender System —> full-time lawyers work for public/nonprofit defending/representing people who can't afford consuel.

• Assigned Counsel System —> private lawyer appointed/paid to take individual cases as needed.

• Contract System —> government contracts private attorney/group of attorneys to handle indigent cases.

what proportion of accused individuals are indigent?

80%.

what factors shape the quality/effectiveness of a defense attorney?

• Money!! $$ how much you pay them etc.

• Experience.

• Tenure (aka how many yrs on the job).

what are the consequences of prosecutorial discretion?

• too much power in prosecutors, especially overcharging + plea bargaining lead to unequal outcomes + gives power/more influence than judges in shaping.

how are federal prosecutors selected? how are state prosecutors selected?

• federal prosecutors → appointed by president + approved by senate.

• state prosecutors → have to get elected, elected officials.

what are the core members of the courtroom workgroup?

• judges, prosecutors and lawyers.

what is the weberian view of professions?

• professions use social closure like (licensing exams) (bar exam) to restrict/maintain power/status.

in what ways does the legislative process matter for sentencing?

• state establishes legal produces/establish civil/criminal penalties + finances the system, defines crime, sets punishments.

what is the federal court jurisdiction? what is the state jurisdiction?

• Federal Court → limited to cases involving U.S constitution, federal laws,treaties, U.S government as a party etc.

• State Court → have general jurisdiction, handling most criminal cases (robbery,assault), family law, contract disputes etc.

the structure where higher courts review decisions of lower court is?

• hierarchical jurisdiction.

Order the courts from lowest to highest authority in a hierarchical system?

1. trial courts.

2. appellate courts.

3. supreme courts.

match jurisdiction type to its definition :

• specific case types.

• wide variety of cases.

• territorial boundaries.

• tiered court structure.

• limited

• general

• geographic

• hierarchical

which of the following are types of jurisdiction in the U.S court system?

• limited jurisdiction.

• hierarchical jurisdiction.

• geographic jurisdiction.

• NOT executive/legislative jurisdiction.

does the legislative and executive branches have jurisdiction to make legal judgements in the court system?

false.

the authority of a court based on physical or territorial boundaries is __________?

geographic jurisdiction.

which jurisdiction allows a court to hear a wide variety of cases, including torts and contracts?

general jurisdiction.

which type of jurisdiction is restricted to specific cases like traffic or juvenile matters?

limited jurisdiction.

which courts sit at the top of the U.S court hierarchy?

supreme court.

what is the term for the power to make legal decisions and judgements?

Jurisdiction.

what did the supreme court rule in the Marbury v. Madison (1803)?

• judicial review, article III & IV of constitution, supreme court ruled that federal courts have authority to challenge + overturn unconstitutional legislation.

what was the significance of the Court of the Star Chamber?

• abuse of judicial power, showed how a court without due process could violate citizens human rights. (when people aren't given/don't have due process rights courts can be very corrupt).

what type of process characterizes the U.S court system?

• adversarial process, → > two opposing parties present evidence/arguments in front of neutral arbiter aka the judge.

what factors influence the pretrial phase?

• seriousness of offense, the strength of evidence (both procedural → facts/legal and substantive → evidence), and the political reasoning, humanitarian concerns etc.

what happens during a preliminary hearing?

• proceeding after criminal complaint has been filed by prosecutor to be determine whether there is enough evidence to/require a trial, Judge decides whether case is bound for trial or dismissed.

what are sentencing commissions?

• an independent agency established by a legislature to evaluate sentencing practices and develop guidelines that promote fairness, transparency, and consistency in the criminal justice system. ("Sentencing Commissions").

what is indeterminate and determinate sentencing?

• indeterminate -> sentence given range (ex 5-10 yrs), release depends on behavior + decisions by parole board.

• determinate -> fixed length (ex : 7 yrs) CANNOT BE CHANGED.

• three branches of sentencing authority legislative, judicial and administrative. See fourth option not one of these 3 that the answer, The executive isn’t a branch of sentencing authority.