The network of government and private agencies responsible for the pre and post conviction custody, supervision, and treatment of persons accused or convicted of crimes.
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Police
Law enforcement officials who are sworn to uphold the law, keep social order, and preserve public safety.
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Citation
A police issued ticket ordering a citizen to pay a fine for a minor law violation.
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Booked
When a suspect is identified and fingerprinted in jail after being arrested for an alleged crime.
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Jurisdiction
A predefined geographic area.
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Dismissed
When a case is dropped for lack of evidence and does not proceed any further.
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Pretrial supervision
The community supervision of a defendant who has not yet been convicted but is waiting for his or her next court hearing date.
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Diversion
A form of community supervision for individuals who have not been formally sentenced, but who agreed to complete stipulations, such as treatment or community service, in exchange for having their charges dropped.
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Continuum of sanctions
One or more sentencing options within the community or an institution that can be combined with one another to achieve a range of sentencing goals.
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Community Corrections
Court-ordered supervision and treatment while the offender remains at liberty in the community.
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Net widening
When offenders receive a level of correctional control or punishment that is greater than what they really require, resulting in bringing more people into the system.
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Institutional corrections
Incarceration of offenders in a jail or prison apart from the community.
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Incarceration rate
The proportion of people in jail and prison per 100,000 residents in a given area.
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Economic mobility
The likelihood the individuals can rise and maintain a higher socioeconomic status that they were born into, through employment and earnings.
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Mass media
Broadcast and print forms of expression for Consumer News, education, and entertainment, such as television, movies, the internet, DVDs, video games, radio, books, newspapers, and magazines.
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Cultivation theory
Repeated viewing and cumulative exposure to violence in the media eventually creates a sense of insecurity and irrational fear of violent victimization and about people in the world in general.
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Crime Control Policy
A course of action to respond to criminal behavior in the best interest of the public.
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Justice reinvestment initiative
A data-driven approach to encourage States to reduce correctional spending and reinvest savings in strategies designed to prevent crime. States and localities collect and analyze data on factors related to prison population growth and cost, implement changes to increase efficiencies, and measure both fiscal and public safety impacts of those changes.
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Evidence-based practices
Correctional interventions for which there is consistent and solid scientific evidence showing that they work to meet the intended outcomes, such as recidivism reduction.
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Social learning
Changing old behavior through modeling new skills and desirable behavior.
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Cognitive-behavioral approaches
Changing thinking patterns and habits that lead to criminal behavior, such as self control, anger management, social perspective taking, moral reasoning, problem solving, and attitudinal change.
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Deterrence
Discouraging future criminal acts by both the offender and others in the population.
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Incapacitation
Restricting an offender's freedom of movement through isolation from the general population.
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Rehabilitation
Providing the offender with skills, attitudes, and norms that enable him or her to be law abiding.
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Retribution
Just and adequate punishment.
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Restoration
Restoring the victim, community, and offender through accountability, respect for the law and the legal process, and attention to victims needs.
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Specific deterrence
Seeks to prevent crime by using punishment to discourage a person from committing additional crimes.
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General deterrence
Seeks to prevent crime by using punishment to discourage people from committing a crime in the first place.
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Selective incapacitation
Imprisonment is reserved for those very few offenders who must truly be locked away for society's protection.
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General incapacitation
Imprisonment is acceptable and desirable on an extensive scale for a wide range of offenders as a means of crime prevention.
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Technological incapacitation
Using technologies such as critical organ surgery, chemical treatment, and electronic monitoring to restrict and fenders freedom of movement.
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Iron law of imprisonment
The realization that almost all prisoners will return to Free society.
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Lex talionis
The law of retaliation.
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Norm of reciprocity
The view of punishment as a natural response, or reciprocation, to a wrongful act.
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Restorative justice
The process, also called community justice, wherein victim, offender, and community representatives determine a fair or just way to restore the balance that the crime had upset.
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Victim - offender mediation
An application of restorative justice principles at the sentencing stage by having mediation sessions involving both offender and victim take the place of traditional sentencing by a judge.
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Reparative probation program
A Vermont restorative justice program at the post conviction stage that combines a suspended probation sentence with elements of community reparation boards.
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Citizens circles
An Ohio restorative justice program at the prisoner reentry stage that encourages community collaboration with offenders during their supervision in the community.
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Victim impact classes
Restorative justice program, typically offered in prison, wherein prisoners hear violent crime survivors share their experiences with the hope of affecting positive change in the offender.
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Code of Hammurabi
The first known body of law, established by king Hammurabi about 4,000 years ago, which lays out the basis of criminal law.
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Mosaic law
The Hebrew legal system, which started when God gave Moses two stone tablets containing the 10 commandments.
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Twelve tables
The earliest form of written Roman law, which provided the basis for private rights of Roman citizens.
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Banishment
The permanent expulsion of criminals to remote locations.
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Transportation
The removal of criminals to a remote location where they could be used as laborers.
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Hospice facilities
Late-16th and early-17th- century institutions that promoted the idea of isolating offenders from each other.
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Houses of correction
16th century institutions for offenders that emphasized the importance of hard work at disagreeable tasks.
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Prison hulks
18th century British merchants and naval ships converted into floating prisons.
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1779 penitentiary act
Passed by the English Parliament, this act relied on John Howard's idea to make significant reforms to the prison system.
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Pennsylvania Quakers
Members of the Society of Friends who, in 1787, argued that solitude and hard labor work humanitarian alternatives to the existing punishments.
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Walnut Street jail
Opened in Philadelphia in 1776 to house petty offenders, debtors and serious offenders and operated only as a jail until 1792 when a penitentiary addition was completed.
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Separate and silent
Keywords distinguishing the Pennsylvania system, which sought to keep prisoners separate from each other and require them to remain silent.
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Pennsylvania system
Prison system establish with the Eastern State Penitentiary in 1892 in Philadelphia that assume defenders would more quickly repent and reform if they could reflect on their crimes all day in silence and separated from others.
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Congregate and silent
Keywords distinguishing the Auburn system, which required prisoners to remain silent, even while working and eating together.
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Auburn system
Prison system establish with the Auburn prison in New York, which used a modified version of the Pennsylvania system wherein prisoners were kept separate from each other at night but allowed to work and eat together, in silence, during the day.
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Reformatory
A system of prison discipline that incorporates a more humanitarian approach to confinement and has an interest in preparing inmates for their eventual return to the community.
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Differential response
Term applied to society is response to women offenders when emphasis was on having separate and different style prisons, different programs, and different sentencing practices for women offenders.
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Decentralization
A principle popular in the south during the first half of the 19th century wherein the administration of justice was left to local authorities instead of being centralized at the state level.
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Lease system
Prison officials lease a prisoner to a private contractor to do labor for a specified sum and for a fixed time.
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Progressivism
Reform movement that began in the 1890s and resulted in widespread, significant political and social reforms in many social institutions, including prisons.
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Medical model
An orienting philosophy that views criminals not so much as bad but as sick and in need of treatment.
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Boot camp
A form of short term imprisonment that emphasizes a military like philosophy and includes a combination of hard work , physical conditioning, and treatment
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Prison
A sentence to confinement in a state or federal facility ( more than 1 year) that could be minimum, medium, or maximum supervision conditions
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Day Reporting
A nonresidential community based sanction that blends high levels of supervision with the delivery of specific services needed by the offender
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Halfway House
Community based residential facilities that house offenders and serve as midpoints between liberty in the community and deprivation of liberty in a prison
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Community service
A sentence requiring the offender to perform a certain amount of unpaid labor in the community
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Intensive supervision probation
Probation granted with conditions of strict reporting to a probation officer with a limited caseload
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Regular probation
Community supervision of an offender under court imposed conditions for a specified time during which the court can modify conditions as needed
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electronic monitoring
Community based sanction that requires the offender to wear an electronic device that can be used to monitor the offenders location and help insure compliance with conditions of probation
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Fines
Money paid as a penalty for breaking certain laws
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presentence investigation report
Provides judges with information helpful in determining appropriate sentence
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presentence investigation (PSI)
Data collection by a probation officer that gathers information during presentence investigation. Includes offenders background, work history, substance abuse, etc.
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indeterminate sentencing
Judge sets minimum and maximum sentence period within statutory limits. Actual release determined parole board
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determinate sentencing
Judge sets flat sentence, within statutory limits, for specific time ( 1st 100 years corporal/capital punishment)
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Structured sentencing
Each state can be identified as primarily indeterminate or determinate, but half the state's also include a structured component
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Sentence practices
Procedures for modifying indeterminate and determinate sentence structures
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Sentencing guidelines
Requires similar sentences for comparable offenses (voluntary and presumptive)
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Voluntary sentencing guidelines
Suggested sentence
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Presumptive sentencing guidelines
Required sentence ( endorsed by the American Bar Assoc. and American Law institute
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Mandatory Sentencing
Legislation makes a prison sentence mandatory for some crimes ( drug and use of a deadly weapon and habitual offenders) 2 types Truth in sentencing and 3 strikes
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Truth in sentencing
Requires serious violent offenders to serve at least 85% of their imposed sentence in prison
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Three strikes and you're out
Mandates longer periods of incarceration for persons convicted of subsequent crimes
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Aggravating circumstances
Situations requiring a tougher sentence
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mitigating circumstances
Situation requiring a lighter sentence
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Reduce sentence time - 3 common methods
Jail time, good time, concurrent sentencing
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Jail time
Time spent in jail prior to and during trial is credited toward any prison sentence received
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Good time
The amount of time deducted from prison time on a given sentence as a consequence of good behavior
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Statutory good time
Offenders good behavior (earned good time)
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Meritorious good time
Extra work by the offender or exceptional acts like saving a life
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Concurrent sentencing
Sentences on multiple offenses are served at the same time
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Evidence based sentencing
Practices that have been proven through scientific research to reduce offender recidivism
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Moderate and high risk offenders
Benefit from interventions provided with appropriate supervision and treatment
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Placing low risk offenders in the same program as high risk offenders
May increase recidivism among the low risk
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Cognitive behavioral programs
Most effective in reducing recidivism
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Positive reinforcement
More effective than negative sanctions
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Sentencing to programs such as adult boot camp and domestic violence education
Should be avoided as they typically do not reduce recidivism
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Sentence disparity
Occurs when sentencing policy results in targeting a group so that they are disproportionately represented in the correctional system.
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Examples of sentence disparity
Race, ethnicity( poor,Latino,black). Gender(female prisoners use drugs more than male prisoners)
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Wrongful conviction
Occurs when an innocent person is found guilty by either plea or verdict.
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Examples of wrongful convictions (5)
Erroneous eyewitness identification, false and coerced confessions, inadequate legal defense, official misconduct, false or misleading forensic evidence
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Sentencing trends
Away from long term imprisonment and toward prison alternatives