Into to Criminal Justice Final exam Rutgers

community corrections

the various sanctions & forms of supervision that occur within the community rather than an institutional setting

probation

a form of community supervision in which an offender is allowed to remain in the community but must abide by certain restrictions, such as finding employment or abstaining from alcohol use

John Augustus

1841- developed the idea of probation in Boston

ideas of the Enlightenment

growth of capitalism, & democratic values were influencing attitudes about crime & punishment;
development of probation & parole

Movement of cases through the court system

assembly-line justice

Intermediate Sanctions

a general term used to describe a variety of that sanctions that fall between regular probation & jail or prison in severity;
less expensive than incarceration

intensive supervision

a form of probation (or parole) that requires more frequent contacts between offenders & their supervising officers than regular probation & typically involves more conditions of supervision
ex- house arrest, electronic monitoring

house arrest

a period of home confinement or electronic monitoring;
can leave for specific activities; cannot prevent crimes

day reporting centers

nonresidential programs that require offenders to report on a daily or very frequent basis to a reporting center

residential programs

"halfway houses"; serve as temporary houses for released inmates as they adjust to living in the community

Statewide Automated Victim Information and Notification (SAVIN)

allows victims & witnesses to identify how (& if) they want to be kept notified about every relevant event to a case's processing

boot camps

aka shock incarceration;
short term programs that are supposed to handle first time, non-violent offenders

more than ____ of all prisoners will eventually be released from prisons

90%

parole supervision

the supervision of offenders who have been released from correctional institutions prior to the completion of their max terms of incarceration & must abide by their conditions of supervision to remain in the community;
used in jurisdictions with indeterminate sanctioning

supervised release

a term of supervision following a prisoners mandatory release from prison;
it is used in jurisdictions with determinate sentencing & does not involve discretionary release by the parole authority

split sentences

prisoners serve a period of probation following their release

recidivism

the tendency of a convicted criminal to reoffend

diversion programs

offer offender the opportunity to temporarily halt the prosecution against them; if they complete the requirement, the prosecutor dismisses the charges; reserved for the youth

new offense violations

offenders under supervision commit a new crime

technical violations

violations of conditions of supervision that do not involve violations of criminal statutes

supervision violations

violations of a condition of supervision; depending on the seriousness of the violations, may result in consequences ranging from informal warnings to eventual revocation of offender's community supervision & possible prison sentences

prison reentry

the process of adjusting to law-abiding lifestyle after returning to the community from prison;
in order to reduce stress, they will be released into a halfway house

purpose of court

to resolve conflicts that couldn't be settled otherwise; link between the police & correctional system

presentence investigation

typically completed after a defendant is found guilty; include info about prior crime record, substance abuse history, employment & education

clearest measure of parole & post-release supervision effectiveness

whether or not an offender returns to prison following release

which resource suffers the most during budget cuts?

rehabilitations

In re Gault

(1967)when confinement is a possibility, youths have a right to an attorney to know the charges, to confront witness, & to remain silent

McKeiner vs PA

(1971)Youths do not have a right to a trial by jury, & jury trials are not needed for fair proceedings

Kent vs US

(1966)Juveniles have certain due-process protections when the issue of waiver to the adult court is being considered, including the right to assistance of an attorney, the right to a hearing, & a written reason for why the waiver is granted

In re Winship

(1970)When the confinement in a locked facility, the court must use "proof beyond a reasonable doubt" as opposed to, "preponderance of evidence"

Ex Parte Crouse

(1838)P.A.S.C ruled that parens patriae is sufficient basis for intervening in a child's life w/o the parents consent;
a woman asked the court to incarcerate her daughter because she was incapable of taking care of her;
parents rights are suspended by the rights of society

nullification

refusal to enforce law & sanctions against children

1st juvenile court location

Cook County, Chicago, Illinois (1899)

reformatories

(mid 1800s) Basic goals were education, training, & parental discipline; they followed a cottage design & resembled homes;
focused exclusively on youths

House of Refuge

early institutions handling youths in need, particularly the poor, which focused on education, skill training, religious training, hard work, & discipline

earliest of institutions

house of refugees;
NY 1825
Boston 1826
Philly 1828

parens patriae

the state takes the form of parent;
focuses on protecting, nurturing, & training youth so they make better decisions

status offense

an action that is illegal only for juveniles; e.g. use of alcohol or tobacco

delinquency

term referring to juvenile misbehavior that could refer to criminal acts or status offenses

_____ of al delinquent youths end up being on probation

60%

major difference between adult/youth probation

a greater emphasis on providing treatment & aid;
not all about monitoring & enforcing rules

youths were considered...

property from birth- age 5 or 6

16th & 17th century

concept of childhood emerged; youths were viewed in needs of protection assistance, & guidance to grow up uncorrupted

youths are incapable of...

mens rea

status offenders

incorrigible, unruly, dependent, PINS, CHINS

day reporting centers

nonresidential programs that require offenders to report on a daily or frequent basis

transfer(or waiver)

process whereby someone who is legally a juvenile is determine to be beyond the help of the juvenile justice system, thus there is a need to invoke the adult criminal process to handle the youth & protect society

official measures

based on the records of various jurisdictions; level of delinquency of the juveniles & activity of those agencies;
UCR: problem bc it only measures index crimes

sexting

sending or posting sexually suggestive content with images or text messages (2011); this does not appear in police data

detention

counterpart to bail decision in adult court; whether to hold the youth in custody or let them go home

the Model Juvenile Delinquency Act

says a detention hearing must be within the first 36 hours

secure detention

equivalent to local jail; not released to their parents; isolated from adults audibly & physically

nonsecure detention

youths are placed in homes, halfway houses, or foster care; still attend normal schools & other functions allowed by court

token economy

youths receive points/tokens for acting appropriately & they can loose them for acting innapropriately

day/evening centers

provide education, treatment programs, or other activities during the day; but send the youths home at night

home detention

ordering youths to remain home

intake decision

equivalent to filing charges or grand jury indictment; to see if they will go to court/with what charges

informal adjustment

decision to handle youths in a manner that does not involve full formal court processing

teen court

rests on the restorative justice philosophy & seeks to help the offender; most common penalty is community service

judicial waiver

requires a waiver hearing in front of a judge to determine the suitability of removing the case to adult court

prosecution waiver

(direct file) refers to the ability of the prosecutors to directly file the case in adult court

legislative waiver

(statutory exclusion)state legislatures determine that certain offenses automatically go to adult court
e.g. murder

once/always provision

once a youth is adjudicated as an adult, he or she will remain under the jurisdiction of the adult court for any future transgressions

reverse waiver

adult court can return a waived youth to the juvenile system for processing

adjudication

equivalent to hearing; finding guilt or innocence/sentencing; supposed to be no innocence or guilt under parens patriae

zealous advocate role

emulate the role of an attorney found in adult court, the training of most attorneys & the move to more due-process concerns has resulted in attorneys fighting for their youthful clients, even when they know the child is guilty & in need of the court's help

concerned parent role

leads attorneys to push youths to admit to petitions in order to secure the help & assistance of the court

disposition

equivalent to a sentence; reflect parens patriae & seeks intervention treatments

blending sentencing

imposes a sentence that can involve both the juvenile & the adult correctional system

prior to 1960s..

parens patriae philosophy ruled in the system & due process rights were not a concerns

1960s & 1970s

saw the growth of due process protection for youthful offenders

state training schools

equivalent to adult prisons; house youths who are considered to be a risk to themselves & the community; offers combination of academic education, vocational training, & behavior modification

Juvenile Justice & Delinquency Prevention Act of 1974

remove statues offenders from any source of confinement; mixing status offenders & serious delinquents can cause status offenders more harm than good;
status offenders did not hurt anyone

group hazard hypothesis

society responds to group transgressions more than to individual violations

6 common elements of gangs

minimum # of members;
symbols that identify them(colors, clothing, hand signs);
verbal & nonverbal communication(hand signs, graffiti);
degree of permanence;
claim territory;
involved in criminal behavior

National Gang Center survey

30,00 active gangs
850,000 members
as of 2012

common intervention strategies

suppression, organization change & development, community organization, and opportunities

detached worker programs

a program designed to place system workers into the environment of the gang; accidentally makes gangs more attrative

Boston Gun Project

use an approach called pulling levers (deters with 0 tolerance policy);
63% reduction in homicides; 25% reduction in gun assaults; 32% reduction in # of fires shot

Great Resistance Education And Training

(GREAT)a program in which officers go to schools to educate youths on the dangers of gangs

civil gang injunctions

involve court orders that prohibit certain behaviors linked to criminal activity; typically aimed at specific gangs/gang members
e.g. prohibiting gang members from associating in public, marking territory, trespassing, loitering etc..

restorative justice

seeks to use interventions that return victims, offender, & communities to their pre-offense states; repair

Roper, Superintendent, Potosi Correctional Center v. Simmons

imposing death on juveniles was a cruel & unusual punishment (8th amendment)

Commonwealth vs Fisher

(1966) the objective of the state is to provide care & protection

primary goal throughout juvenile corrections

help youths overcome the problems leading to misbehavior

behavior modification

used to teach youths about proper behavior through a system that rewards positive behavior & punishes poor behavior
e.g. token economy, formal point system

wilderness programs

youth are placed in situations where they must learn survival skills & rely on each other to succeed; little to no impact on recidivism rates; very costly

President's Commission 1967

deinstitutionalize many of the youths held in secure juvenile facilities many incarcerated youths were there for status offense, not violations of criminal law

strongest argument for deinstitutionalization of youth

belief that involvement in the formal justice system was criminogenic

top issues U.S. faced according to President Nixon

drugs

"war on drugs"

rise in narcotics coinciding w/ the return of Vietnam veterans

drug deaths in 2016

64,000

fentanyl deaths went up ___ during a 3 year period

500%

heroin deaths increased ____ from 2010-2016

400%

1st response to drug overdose

police are expected to take appropriate action to assist overdose victims, despite the fact they are not trained; use nose spray called Narcan

most recognized enhancement in police technology

body cameras

2 social forces that impose fiscal austerity on CJ

economic & political

the beginnings of the juvenile justice system are found in policy changes directed at dealing with

poverty & the potential threat the poor posed to society

English Chancery Courts

tasked with looking after the property rights of orphaned children among other things
(what parens patriae is based on)

the Balanced & Restorative Justice
(general purpose clause for juvenile court)

focuses on the needs of all parties involved (youths & victims)
*parens patriae