Chapter 1-5 Flashcards

Question

Professor of Law Cesare Bonseana

Answer 1

-Published what was to become the manifesto for the reform of judicial and penal systems throughout Europe

Answer 2

-Punishments should be proportionate to the harm done, should be identical for identical crimes, and should be applied without reference to the social status of either offender or victim

Answer 3

-Arguing that crime is simply the result of "the despotic spirit which is in every man

Answer 4

-Certainty ~"The certainty of punishment even if it be moderate, will always make a stronger impression that the fear of another which is more terrible but combined with the hope of impunity" -Swiftness ~"The more promptly and the more closely punishment follows upon the commission of a crime, the more just and useful will it be" -Severity ~"For a punishment to attain its end, the evil which it inflicts has only to exceed the advantage derivable from the crime; in this excess of evil, one should include the... loss of good which the crime might have produced. All beyond this is superfluous and for that reason tyrannical"

Answer 5

-Positing that human action should be judged moral or immoral by its effects on the happiness of the community and that the proper function of the legislature is to make laws aimed to maximizing the pleasure and minimizing the pains of the population

Answer 6

-"Nature has placed mankind under the governance of two sovereign masters, pain and pleasure."

Answer 7

-Which was seen as hedonistic, rational, and endowed with free will

Answer 8

-Those who believe that human actions have causes and that these causes are to be found un the thoughts and experiences that typically precede those actions

Answer 9

-Early positivism went to extremes to espouse a hard form of determinism that implied the assertion were...

Answer 10

-Believed that because human action is often evoked by circumstances beyond human control, the only thing to be considered as sentencing was the offender's "peculiarities," or risk factors for crime ~Temperament, extreme poverty, intelligence, certain situations

Answer 11

-Whom we might call psychopaths

Answer 12

-Those who commit what we today might call victimless crimes

Answer 13

-Is important for all social species and is built on mutual trust, which is why violating that trust evokes moral outrage and results in punitive sanctions

Answer 14

-A philosophy of punishment driven by a passion for revenge

Answer 15

-A philosophy of punishment driven by simple deterrence and a need to repair the wrongs done

Answer 16

-Retribution -Deterrence -Rehabilitation -Incapacitation -Reintegration

Answer 17

-A doctrine maintaining that all goals in life are means to the end of achieving pleasure and/or avoiding pain

Answer 18

-The state of having good sense and sound judgement based on the evidence before us

Answer 19

-A method by which individuals are assumed to logically weigh the anticipated benefits of a given course of action against its possible costs

Answer 20

-The capacity of humans to make choices and their responsibility to make moral ones regardless of internal or external constraints on their ability to do so

Answer 21

-A philosophy of punishment demanding that criminal punishments match the degree of harm they have inflicted on their victims, that is, what they justly deserve

Answer 22

-A philosophy of punishment aimed at the prevention of crime by the threat of punishment

Answer 23

-The supposed effect of punishment on the future behavior of persons who experience the punishment

Answer 24

-Occurs when an ex-offender commits further crimes

Answer 25

-The effect of punishment on future behavior depends on how much the punishment and the usual life experience of the person being punished differ or contrast

Answer 26

-The presumed preventive effect on the general population

Answer 27

-"People are not sent to prison primarily for their own good, or even in the hope that they will be cured of crime... It is used as a warning and deterrent to other"

Answer 28

-Are both subjective and bounded

Answer 29

-A philosophy of punishment that refers to the inability of criminals to victimize people outside prison walls while they are locked up

Answer 30

-When the Italian government released one-third of Italy's prison inmates with 3 years or less left to serve on their sentences on 2006

Answer 31

-Outweigh the costs by 17 to 1 ~Typically, an offender commits 15 crimes in a year rather than 187, which reduces the benefit/cost ratio to 1.38 to 1 rather than 17 to 1

Answer 32

-Refers to a punishment strategy that largely reserves prison for a distinct group of offenders composed primarily of violent repeat offenders

Answer 33

-Is a group composed of subjects having something in common, such as being born within a given time frame and/or in a particular place

Answer 34

-As we increase incarcerations more and more, we quickly skim off the 5 to 10% of serious offenders and begin to incarcerate offenders who would best be dealt with within the community ~In monetary (and other social cost) terms, we develop a situation economists call

Answer 35

-A philosophy of punishment aimed at "curing" criminals of their antisocial behavior

Answer 36

-A philosophy of punishment that aims to use correctional supervision to prepare them to reenter the free community as well equipped to do so as possible

Answer 37

-A model of law that emphasizes community protection from criminals and stresses that civil liberties can only have real meaning in a safe, well-ordered society

Answer 38

-As the conceptual opposite of the presumption of innocence, but rather "reduced to its barest essentials and when operating as its most successful pitch

Answer 39

-An administrative fact-finding process leading to the exoneration of the suspect -The entry of a plea of guilty

Answer 40

-A model of law that stresses the accused's rights more than the rights of the commuity

Answer 41

-It changes

Answer 42

-Needs to be fixed to fix it religion must be used ~Some believe nature of humanity is bad

Answer 43

-Needs to be ruined ~Can't be too good

Answer 44

-Can go either way

Answer 45

-Are seen as good and if they are bad they were influenced by a bad man so men go to prison more than women ~Women are good because they carry and raise children

Answer 46

-Free Will ~You can choose, you can change your destiny it is nor determined -Determinism ~Religiously based, humanity is already determined by religion/ what's written -These are polar opposites ~The Criminal Justice system uses Free Will

Answer 47

-Renaissance ~The general public learning about things they didn't previously know about like reading, philosophy, writing ~It changed the view of humanity for the commoners

Answer 48

-Viewed as more advanced, evolved, higher quality ~Were never punished

Answer 49

-Viewed as animals, they didn't matter to the nobility, weren't human as the nobles ~They were criminals, the law were written about the common folk not the noble

Answer 50

-To change people's behaviors we have to get around the idea of manifest destiny -The church believed everything was written and nothing will change so what is the meaning of punishment ~They had to give up that idea and give up some power for corrections

Answer 51

-The concept behind the goals of deterrence, keep people from committing crimes ~Cesare ~Beccaria ~Jeremy Bentham

Answer 52

-Trying to make deterrence more successful, if you don't know the laws you can't be expected to follow them ~If you want people to follow the rules they must be available and punished for everyone *Must be written in a manner that is understandable -He wanted people not to suffer ~Do not do secret accusations *Now we have habeas corpus ~No more bending the rules/punishments for the wealthy ~No more death penalty for anyone ~Trials to be done in a speedy manner by impartial judges *We still see this today -He was a noble man he could criticize the government unlike a common person ~He did not write much of a book he published the Verri brothers did *He is also a professor

Answer 53

-Apart of this group of thinkers about philosophy -Asked Beccaria to come to this group and they all wrote a book on crimes and punishment ~The Verri brothers are common people so they cannot publish the ideas they have so they allow Beccaria to publish it

Answer 54

-Was a commoner but he was a Law professor in a London Kings college -He wrote all the time -He believes humans are hedonists ~People who are pleasurists, pleasure seeking, pain avoiding -The criminal justice system should be utilitarian ~The system should do what it needs to do to achieve its goal, it need to stop what's not having is achieve its goal *The goal of the criminal justice system should be simple, achieve happiness for the majority of people even common folks **Make the balnce of pleasure and pain in the direction of not breaking the law

Answer 55

-People have a fear of the unknown but once someone has been in prison or custody they no longer have that huge fear, it isn't as bad ~They get used to it

Answer 56

-Aimed at those who have offended once of more ~Make the punishment bigger for reoffenders *Three strike rule

Answer 57

-For those who are not offender

Answer 58

-Rational thoughts that carry positive and negative consequences ~Pleasure and pain

Answer 59

-If we know everything, we can predict how to control and perceive the outcome ~vote, type of major, etc. *Give and take (controlling) -People ~Garofolo (Level) * Draco **Responsible for judging the crimes not on an individual level but is a crime against the entire society **Social level of offences *One of two levels **Mala in Se (felonies) ***Acts are bad by the internal nature ****Extreme levels of criminals and are difficult to control *****Execution **Mala Prohibita (mis domainers) ***Less predictable ****Impolsive acts or decisions *****Punish them and not have to deal with them **Indemic criminal ***Victimless crimes ****Ledeg. law to control the people ~Lombroso (Evolution) *Less evolved people were more likely to be criminals *Visual aspects of evolution to determine them to be criminals (Neandertals) **Atavists -Atavisium ~They weren't as morally evolved ~Lack of a moral compass -Criminaloids ~Sociological influence -Durkheim (Cultural Anth.) (Functionalist) ~Things stick around since it is important and have a function *Punishment is functional for society

Answer 60

-Retrobution ~You do something wrong, you get something wrong done to you *Blood feuds show the weakness of retribution ~Crime has to occur *Fails -Deterrence ~Specific versus general crimes to turn people away from the crime ~If people don't know, then how do we deter *Fails -Incapacitation ~Locking people up ~Selective incapacitation *NOT locking up everyone, but the ones who REALLY need to be locked up **Picking the most dangerous people need to be in prison and not on probation ***NOT always based on science ****Fails -Rehabilitation ~Helping with education ~Giving them the exact treatment to fix the problem so they are not as likely to re-offend *Classification **Expensive -Reintegrating ~Getting people back into society at a social level ~Redestration prohibits the process of reintegration ~Society needs to have an understanding of the offenses and be more open-minded

Answer 61

-Two Modules of Crime Control ~Due Process *Everyone has every ounce of due process that they deserve **Shadow of doubt (Reasonable doubt) *Guilty people go free ~Crime Control *Punishes the innocent

Answer 62

-Responsible for the Criminal Justice system ~England is divided into shires *When different shires give out different punishments, London will centralize the punishment for an equal punishment throughout all the shires **This created a court date due to the lack of space within the jails in London ***Now the shires have to find a place to house the criminal ****If the person shows up, then the person who houses them gets paid, but if they don't show up, they have to get paid, or their houses get taken away -Nobles did these tasks due to the common folks owning land themselves; due to the fact the common folks no longer worked on the land, the nobles were now poor -Similar to the concept of the bond

Answer 63

-If someone does not have $5,000 for bail, then someone has to pay 10% plus a filing fee ~They keep the money plus 10% if you show up to court -If you have $5,000, then you get everything back by showing up

Answer 64

-You must not speak to any prisoner, out of your cell, nor to each other in your cell -You must not look at any visitor ~If it is your own brother, if you do, I'll flog you -You must always take off your cap, when speaking to an officer, or when an officer speaks to you -You must call no convict "Mr."

Answer 65

-To remove the "riffraff" from urban streets or at least control and shape them ~both poor and criminal

Answer 66

-Was a grand reform itself, and as such, it represented in theory, at least, major improvement over the brutality of punishment that characterized early England and European law and practices

Answer 67

-Mechanism to remove punishment from public view while making the state appear more just

Answer 68

-The forfeiture of citizenship

Answer 69

-A sentence forcing the convict to work as a rower on a ship

Answer 70

-Workhouses constructed to hold and whip or otherwise punish "beggers, prostitutes, and nightwalkers" and later as places of detention

Answer 71

-To extract fines or repayment of debt or the labor to replace them ~Did not separate people by gender or age or criminal and noncriminal status, nor were their inmates fed and clothed properly, and sanitary conditions were not maintained

Answer 72

-If one could not pay a "fee" for food, clothing, or release, the inmate and possibly his or her family, might be doomed

Answer 73

-Something that still occurred even after the American Revolution

Answer 74

-A sentence exiling convicts and transporting them to a penal colony

Answer 75

-Russia used Siberia -Spain used Hispaniola -Portugal used North Africa -Brazil used Cape Verde -Italy used Sicily -Denmark used Greenland -Holland used the Dutch East Indies

Answer 76

-An English penal colony, 1,000 miles off the Australian coast, regarded as a brutal and violent island prison where inmates were poorly fed, clothed, and housed and were mistreated by staff and their fellow inmates

Answer 77

-Inmates should be rewarded based on the marks system, which could lead to privileges and early releases

Answer 78

-When discussing the nonlinear shifts in scientific theory ~Usually comes after evidence mounts and the holes in old ways of perceiving become all too apparent

Answer 79

-The fee system for jail should be erased -Inmates should be separated by gender and offenses ~Single cells would be optimal -Inmates should be provided with sanitary conditions and clean and healthful food and water -Staff should serve as a model for inmates -Jails and prisons should have a set of standards and be independently inspected to ensure these standards are maintained

Answer 80

-In order that punishment should not be an act of violence perpetrated by one or many upon a private citizen, it is essential that it should be public, speedy, necessary, the minimum possible in the given circumstances, proportionate to the crime, and determined by the law

Answer 81

-A prison design in which multi-tiered cells are built around a hub so that correctional staff can view all inmates without being observed

Answer 82

-William Penn's idea, based on the Quaker principle, deemphasized the use of corporal and capital punishment for all crimes but the most serious

Answer 83

-Prisons that emphasized silence and isolation of inmates in their cells, restricting their contract with others and reinforcing the need for penitence

Answer 84

-Prisons included congregate work and eating arrangements but silent and separate housing

Answer 85

-Was built in Jamestown, VA, soon after the colony's founding in 1606 ~Massachusetts built a jail in Boston in 1635 ~Maryland built a jail in 1662 -The oldest standing jail built in the late 1600s is in Barnstable, Massachusetts

Answer 86

-Were like human squirrel cages

Answer 87

-Operated based on Quaker ideals, so it focused on rehabilitation, religious redemption, and work programs to support prison upkeep and did not use corporal punishment

Answer 88

-Derelict naval vessels transformed into prisons and jails

Answer 89

-The jails house everyone ~Pretrail ~Conveicted *No different laws for juveniles -Corpulpunishment ~Harm the body *Did not use the jails did not use as punishment -Capital punishment -Religion enters ~We have a system that keeps people in line; we lock the door on the outside so they can't get out *We call them cells -Nobles gets back involved ~So they have people in the dungeons so they can get paid by housing them while they wait for their court dates -Australia and Savanah, GA, were places to house English criminals as English property/ colonization

Answer 90

-Similar to a Stairmaster -While prisoners were walking, they would use the energy from walking to increase production for workhouses -Workhouses were places to house people who were not as bad as the people in Australia or GA ~Formal older palace *A nicer place to start at -Disordaly and poor folks ~Unhouse street children *Eventually taught a trade (Apprentice) *Turned into a Psychiatric facility -Was not one place destroyed in 1700s

Answer 91

-The nobles take over the shire jails ~ They put people in charge of the jails, and the nobles did not care about the common folks *The common folks developed illnesses

Answer 92

-Is a test place for common folk that became the shire ~Pay nobles to watch a jail; why don't we find someone who wants the title instead of the money *Common folks by title but rich by work -John Howard

Answer 93

-Last 160 years

Answer 94

-A convict colony for Australia, which was already a group of convicts ~People would rather be executed than go to the island by getting stabbed or bleeding to death *Since either way the person was going to die, they wanted the easier and less painful way of dying -Alexander Maconochie ~He is not in charge of Norfolk entirely *Located off the coast of Tasmania ~Captian in the Royal Navy; he started at the age of 16 *Member of the National Royal Society (National Geographic) ~Similar idea of prisoners moving through the ranks like the navy *Mark System **Lose marks for bad behavior and earn marks for good behavior ***Everyone starts with strict incarceration (solitary) -Mark System (Same idea of the military) ~Accumulate 5 points a day (if you are a good inmate) *Pay rent 2 points per day ~Strict Incarceration 0-100 points *Best case 34 days of a good inmate *Worst case forever ~The inmate holds the keys to their release ~Chain Gang *Out of the cell but chained to other inmates **First inside the facility **Then, outside the facility ~Labor *First inside the facility *Then, outside the facility ~Ticket of Leave *An area to live outside the facility but still an inmate ~Finally, freedom after completing the entire steps -He takes the ideas to the government ~The government dismisses the ideas that Maconochie set up *1788 -Tasmania ~Governor *LT Governor **Secretary (Maconochie)

Answer 95

-He had the experience and money to become Shiref of Bedfordshire ~1726-1790 life -His family "New Merch Class" ~Started trade *Had wealth and experience in other places ~Strong sense of social condense -He sees the inmates like him (commoners) -First jail reformer ~If you went to jail, the jail was not responsible for any amenities *The jails were responsible for housing people **The jails got money from the inmates to make money -Fee for services ~Your 90 days do not start the clock until the fee is paid for *Five-pound fee to start the clock (5 months to get) *Five-pound fee to end the clock (5 months to get) **Overcrowding for the fee for services system -Five Principles of Reform ~Fees for service needs to end *No charges for amenities **All amenities are paid for by the jail ~Inmates should be separate from gender, offenders, and ages *Bedlam **Insance environment for people who were in the jails ~Secure, sanitary structures/conditions *They should be clean and secure **Safe from the public *Food should be provided ~ The staff of the jail should be a moral guide for the inmates *Staff should be honest *Encourage the inmates to be honest ~Jails need to have written standards. Jails need to follow up on the written standards -Other believes ~Regenmends *Labor **Make them earn their keep ***"It should be a labor of the most servile try. Labor should be ignorance, and obsences cannot spoil." -His jail becomes a module ~The government agrees that the jails are going to make money and run smoother -Author of the Pennatentry Act of 1779 ~Emgland liked his idea and converted a new facility in Wyndonham -He got his ideas from William. Penn (German) ~Penn was viewed as a religious extraneous ~Quaker *Have been reforming prisons *Give every opportunity to redeem themselves instead of execution *Are running jails all over Europe -Penn's ideas ~Everyone was salvageable *Help with moral conscience **All the people were good in nature

Answer 96

-Become England's first penantentry ~Purpost of pen *Solitary cells **Conginate labor (working with others) ***Give something to read (Bible)

Answer 97

-Reform facility built in Philadelphia ~ No-nonsense facility *Not run by the Quakers **Only part of one floor of the jail -Entry into a pennententry (1790) ~Reserved for serious offenders -1682 Penn's Charter ~All people awaiting trial should be bailable *Since they are not presumed guilty ~Those who are wrongly prison should get double the incentive of what they lost ~Prisons should have free food, lodging, and no fees ~The property of felons should be used to pay the victim back ~Replace corporal punishment with pennententury -Basic Rule of the Pennsylvania System ~Seperate confinement *No shared cells at all, ever *Silent facility -Inefficient

Answer 98

-A penitent person would regret his actions ~The Pennsylvania System was the purpose of the penitent ways *"in" = insane ~Anonymity *No one knew who you were there besides the judge and the guards -The layout was inefficient, and it was hard to control the inmates ~Had access to the outside -No value to the outside world in their ways of work

Answer 99

-Money is going to prevail ~All about making money for the prisons -The cells had no access to the outside ~Several tiers level prison *More efficient in space and production **Had a factory in the middle for the inmates to work ***The cells are smaller than the Penn system prisons ****Only the bunks in the cells -All about efficiency ~They are going to have shifts where people are sleeping, and others are working, then the sleeping was working, and the working are sleeping *Two-shift system (12 hour days) **Double bunking cells ***Now they can house double the amount of people **** It is still a silent system, but they eventually changed it to make the work more efficient -It works too well due to the money aspects -Helps people develop skills within the standard production lines ~How to do work similar to the outside world

Answer 100

-All license plates -Stop signs: all road signs -Furniture for Federal buildings ~UNICOR *If the Federal building closes, then it can be sold to the public -The product has to have a Label ~Stating the prisons on it -Outlaw Interstate Shipping ~If it's made in one state, it had to stay in that state -Outlaw "Product Sales" ~Eventually outlawed all sales for productions *Not entirely **Some portions of the products are still made in prisons -Can the prison provide services? ~Some prisons now allow prisoners to provide services to help make them money *When the prisons made money, other people were losing money **Farms **Furniture

Answer 101

-Morally bound education

Answer 102

-Vocational education

Answer 103

-There is no traditional education system taught within the prison system

Answer 104

-Combined the two education systems to help the inmates get better skills

Answer 105

-Why did it go away ~Medicine changed ~Ideas changed -It does not like heat ~It reproduces in the nose, feet, and hands *Causes narcosis -We built Leprosarium ~Places if you were a leper *People did not want to go **Started with a pink/red rash *People did not stay -This caused the government great grief ~People would leave because they lived close -The government made home no longer home ~The government caused them to be dead civilly, so they burn their stiff and don't want to go home *We still do this in the US **Can't vote **Can't get a gun **Some states you can't get some licenses -Civil death = vector of transmission by burning their stuff ~Causing leprosy to die out by doing this -Similar to an asylum

Answer 106

-People started to move into the cities from other areas -Become viewed as "mentally ill" crazy ~Turns into an Asylum *There are no release mechanisms -There is no intention to let people coming out ~Rothman believes that the system is broken from no intention of coming out

Answer 107

-Inmate ~Ships *Ship of fools ~The ones who were not allowed to leave the ship *Something was wrong with them, so they were not allowed to leave the ship until the final destination ~Is some way broken -Convict ~They made a choice to commit a crime *Don't want to be fixed -They have to be treated differently

Answer 108

-How can we keep people from coming back to prisons ~Circles back to rehabilitation

Answer 109

-The average person is a number; for an academic, it can tell us how the person responds to the reform system ~Deterring has to be long *Determinate *Time lets you out ~Reform has to be variable *Indeterminate *Board lets you out *Both cost money *Crowding **Due to the timing of sentencing, they were not expected to be there as long as it ended up being there -Presumptive Minimum ~Follows a plus or minus minimum ~Burglury sentencing is four years * +/- 2 years

Answer 110

-Death -Escape -Sentence commuted ~Medical care -Pardon ~The governor forgives the offense -Parol ~Still on paper *They want to see the change from the time you start and the time you're up for parol -Timing out ~Serve 100% of your timing

Answer 111

-Less punishment implies that the person is broken ~EX: children ~For an adult implies that they are weak and that they are weaker in a social aspect *It damages their psyche, and they want to have a harsher punishment **Implies them that they are a child

Answer 112

-People being treated equally -Fairness -Equality -Due process -Equal treatment under the law -Philosophical level ~Who doesn't treat you well *You put up with with **Justice does not intervene with that but tolerates it instead ***Only in a legal stance for the US some countries use other factors to withstand the legal actions

Answer 113

-Generosity -Benevolent -Gratitude -Compassion

Answer 114

-Bad moral actions ~Driving by someone who needs help -Good action, but unjust ~Grandmother passed, and the teacher gave some leeway to bring up the grade

Answer 115

-Distributed Justice ~Consurned with the allocation of things *Items *Grades *Substance **How are they done ***Equality: everything is the exactly same thing for all people ***Success: everyone gets what they need ****Not just the good thing, it's also the bad things ~In a prisons *EX: Starts in the woodshop and move up into something else in the system **Is it based on need or something they are trying to make equally -Corrective Justice ~Based on Just Deserves *Getting what you deserve **Is it going to be general, or does everyone get the suffering ***It's to balance the pleasure ****Includes concepts of fairness ***Equity ****Women would get probation most of the time, and men would typically go to jail *****More time with lesser punishment ***Impartiality ****Judges are having a hard time doing this since they can see the person in front of them -Communtative Justice ~Redifiying the problem *Happens in the business world *Distribution of goods **One person gaining and one person losing **Actors/Football players get money from exposure through different sources ***More limites of how much what people should get in the business world

Answer 116

-There are several different ways of ethics ~There are different sets of ethical standards -Plato ~"Life has four virtues, and justice is one of those virtues, and wisdom is another, also has to have temperance (not being extreme about things it requires moderation or self-restraint), and lastly courage." *Social -Aristotle ~"Justice exists in the law" ~Justice has to have principles *People can be and should be punished differently based on the factors of the person **People are not all equal in the values of society ~Equality that matches the person *Legal ~Retification Justice -Rawls ~Two Points *Each person should have the equal rights **As much freedom that society can have that society can offer ***Basic Liberty *Social and economic equality should be arranged to everyone's advantage ** -Sterba ~Four Points *The principle of need **People should have what they need *The principle of appropriation and exchange **People are allowed to buy more *The principle of minimal contribution **They have to contribute to something (nothing comes free) *The principle of saving **Generations should be encouraged or required to retire -Norval Morris ~How can you tell if a decision is just? *When we look at a decision that is made, we have to look at it with two sets of eyes **One set asks, "Am I willing to accept the punishment if I was the accused?" **Second set: "If I was the victim, would this punishment be fair." ***If you can say "yes" to both, and then the punishment is just *The loss of liberty must be justified as the minimum to have the punishment ** Death penalty, parole, life without parole, etc.; which is the most just?

Answer 117

-Requires the law to be just for everyone ~Includes the environment *Prisoners can be moved between prisons depending on how they act and between different cells within one prison

Answer 118

-Do you have Due Process rights in prison? ~Kind of *You can't cross-examine the correctional officers *DHO: **Displanry Hearing Officer (Similar to a judge)

Answer 119

-Who was the one who created the idea of the criminal activities? ~Don't make the assumption who provoked the idea of the criminal activity -What happens if something barely exceeds the limit of the rules? ~There are a few choices that one can make to either kick them out or help them out

Answer 120

-You have to ask questions to justify the actions of the crimes ~They have access to treatment ~They have access to classification *They want the people to be proactive so the system does not have to deal with the repetition of the criminal activity -They cause the system to change -They bring the judge in not as an arbitrator, but now they are a part of the team to help with rehabilitation -Collaboration -Non-traditional roles *Helps with public safety **Old roles ***They ignore or pat them down **New role ***They would talk to them to help prevent a crises -Screening and determining the type of drugs *For drugs and the type of drug -Are useful for early identification *Picking people out who might have a problem

Answer 121

-Disparity ~When two people should get the same sentencing but they get different sentencing *Is it done for being right (the right thing to do) *Or is it unjust, wrong, etc? ~This eventually leads to Sentencing guidelines -Bounded Rationality ~Our rational thoughts are limited by *We can't keep track of everything; there are limits within the brain **VSA ***Voice Stress Analysis ****Reads the vocal stresses when people lie while they speak *We can only pay attention to so many things around us -Two Major Factors of Sentencing ~History of the person ~Severity of the offense -Status Liability ~Something that works against you in terms of punishment or sentencing *Goes from a shield (protection) to a target (which increases the punishment) **Signs of disparity

Answer 122

-Written by the probation office ~Not by the probation officers -It's done sometimes before the trial begins ~Sometimes at arrest if it is a high profile case upon arrest *Higher sentences in the rural areas within NV **Out-of-range sentences for the crimes committed ***Including drug sentences (sales, possession, use) **Some of the judges who sentenced these crimes were newer judges **Judges thought that the harsher punishment was nice due to the lack of amenities for counseling or rehabilitation programs -PSIR Uses ~The court *Decides if they are going to charge the person **Divert ~The judge *Is going to use it for conditions (Probation) or programming (Prison) ~Prison *Is going to use it for programs and treatments that people are going to need **Programs from day 1 (ideology) ~Parole *"Did you do it?" ~Parole and Probation officers *Make sure that people follow through with the PSIR -Problem of the PSI ~ People write it, and they are sometimes going to have their own biases from personal experiences ~They become formulaic *There is a lack of individualism within the reports ~They are overworked *They do not have the time to time limitations **Do they have time to cross-check ~Who gets access to the PSIR *Most states only allow the judge to see the reports **Retaliation if the criminal sees the report ***More disclosed and more access -Has not changed ~You can't challenge what is in it; there is habeas corpus

Answer 123

-Colorado and US Sentencing ~Don Gottfiodson *Help create a set of guidelines due to indeterminate sentencing **1 to life sentencing ***Depends on how they act in the prison system ****takes the burned off the judges and puts it on the parole board *Came up with 200+ factors **It came down to the severity of the crime and the history of the criminal record ***He looked at the average from 1-life, and the average was 4 years ****Then he looked at the range, so the rage 4 +/- 2 years -What lead from indeterminate to determinate sentencing ~Indeterminate sentencing led to crowding within the prison system *People were in prison for longer for lower sentencing regulations due to the lack of potential programs that were not offered because the systems could not afford the cost of the program **Once you scratched the surface, it really did not help the overcrowding problem; it just glorified the old system ***Took the pressure off the parole officers ***It took discretion from the judges within the window that is now in place ****The prosecutor decides on how long the criminal gets charged -Legal fiction ~Where you agree to plead guilty for something you didn't do *Change the charge to get the sentencing that the people want **You can bring up the case again since it is not double jeopardy

Chapter 1-5 Flashcards

(153 cards)