Exam 1 Flashcards
(90 cards)
1
Q
How many individuals are under correctional supervision in the US?
A
6 million, more on parole/probation than in prison
This includes 1.9 million in prison and jails and 3.6 million on probation and parole.
2
Q
What percentage has the incarceration rate decreased in recent years?
A
20%
Factors include recession, Covid, crime declines, and some reform.
3
Q
What is the incarceration rate per 100,000 people in the US?
A
700 per 100,000
4
Q
What is a major reason for high incarceration rates in the US?
A
It’s easier to lock people up than help them
5
Q
What cultural difference exists between the US and countries with smaller prison populations?
A
Countries with smaller prison populations focus on reform, while the US emphasizes vengeance and punishment.
6
Q
What are some consequences individuals face after incarceration?
A
Trauma related to:
* Employment
* Housing
* Medical Care/Medicaid
* Education
* Credit
* Public Assistance
* Voting Rights
* Stigma
7
Q
What percentage of adults in the US have an immediate family member who has been incarcerated?
A
Approximately 50%
8
Q
True or False: Going to jail/prison can increase the chance of reoffending.
A
True
9
Q
What is the purpose of the criminal justice system?
A
To reduce crime and increase safety
10
Q
What is a key problem with the current prison system in the US?
A
It is criminogenic
Likely to cause criminal behavoir
11
Q
What are the two types of correctional facilities mentioned?
A
- Prison
- Jail
12
Q
Define ‘Incarcerated’.
A
Prison for serious crimes (felonies) and jail for misdemeanors or pretrial detention.
13
Q
What is probation?
A
Conditional supervised release to the community, a form of diversion from incarceration.
14
Q
What happens if someone violates probation conditions?
A
They may face revocation.
a cancelation of their probation
15
Q
What is parole?
A
Early release from prison with conditional supervised release to the community.
16
Q
What is the difference between a felony and a misdemeanor?
A
Felonies involve more serious harm and have harsher punishments than misdemeanors.
17
Q
List the levels of felonies.
A
- Capital felony
- 1st degree felony
- 2nd degree
- 3rd degree
- 4th degree
18
Q
List the levels of misdemeanors.
A
- Class A
- Class B
- Class C
19
Q
What underlying reason contributes to crime?
A
Poverty
20
Q
What clause gives the federal government authority over crimes involving commerce?
A
The commerce clause
21
Q
How has the evolution of commerce affected federal authority over crime?
A
It has given the federal government more authority over crime over time. Remeber this is connected to tech
22
Q
What is a key characteristic of the federal criminal justice system?
A
Punishment is harder in a federal system
Federal systems do not allow for parole.
23
Q
What are the two types of jurisdiction in federal criminal matters?
A
Exclusive jurisdiction and concurrent jurisdiction
Exclusive jurisdiction means only federal authorities can handle the case, while concurrent jurisdiction means both federal and state laws apply.
24
Q
What clause gives federal authority over criminal matters?
A
Commerce clause
This clause is particularly relevant for cases involving interstate activities.
25
What is a unique feature of state criminal justice systems?
Particular punishment for particular crimes
## Footnote
Each state has its own penal code and statutory agenda.
26
How many counties are there in Texas?
254 counties
## Footnote
Each county operates under the same criminal code but may impose different punishments.
27
What is one significant decision point in the criminal justice process?
Arrest/Police
## Footnote
This stage involves determining if there is probable cause to make an arrest.
28
What is a common consequence of pretrial detention?
Job loss and home loss
## Footnote
Overdetention can lead to poverty and increased likelihood of reoffending.
29
Who has the greatest amount of discretion in American criminal justice?
Prosecutor
## Footnote
The prosecutor decides what cases to prosecute and what charges to bring.
30
What is the primary focus of retribution in the criminal justice system?
Punishment
## Footnote
Despite evidence suggesting rehabilitation is more effective, there is still a tough-on-crime approach.
31
What does the 4th Amendment protect against?
Search and seizure
## Footnote
Requires probable cause for searches.
32
What right does the 5th Amendment provide?
Protection against self-incrimination
## Footnote
This protects individuals from coerced confessions.
33
What is a significant issue with public defenders?
They are often overworked and underfunded
## Footnote
Many defendants only meet with their lawyer for 15 to 30 minutes total.
34
What percentage of criminal indictments are disposed of through plea bargaining?
95% to 98%
## Footnote
This process significantly shapes the court system.
35
What constitutional right is often inadequately provided to indigent defendants?
Defense counsel
## Footnote
This right is constitutionally guaranteed but not consistently upheld.
36
What does the 6th Amendment guarantee?
Right to counsel and trial
## Footnote
This right applies to serious crimes and has evolved to include certain misdemeanors.
37
What is the result of inadequate indigent defense?
Detention hearings often occur without defense counsel present
## Footnote
This can compromise the fairness of the judicial process.
38
True or False: Most Western allies have adopted strict retributive policies.
False
## Footnote
Many have moved towards rehabilitation-focused approaches.
39
Fill in the blank: The _______ Amendment prohibits cruel and unusual punishment.
8th
## Footnote
This amendment has led to the removal of the death penalty in 31 states.
40
What are the two types of sentencing mentioned?
Indeterminate sentencing and determinate sentencing
## Footnote
Indeterminate sentencing allows for a range of punishment, while determinate sentencing is fixed by legislation.
41
How much did people in the US spend on illicit drugs in 2022?
$160 billion
## Footnote
This includes spending on various substances such as meth, heroin, cocaine, and marijuana.
42
What is the leading cause of death among U.S. adults?
Fentanyl overdose
## Footnote
Mitigating drugs like Naloxone/Narcan are not universally available.
43
How many individuals are estimated to need professional treatment for a Substance Use Disorder (SUD)?
25 million
## Footnote
Only about 2.5 million receive treatment at a specialty facility.
44
What percentage of individuals needing SUD treatment actually receive it?
10%
## Footnote
This indicates a significant gap in access to treatment.
45
What has been the primary focus of the War on Drugs in the U.S.?
Supply control
## Footnote
This involves attempting to reduce drug trafficking and production.
46
What has been the financial cost of the War on Drugs?
Over $1 trillion
## Footnote
This includes expenditures on law enforcement and other related efforts.
47
What is the U.S. firearm ownership rate per 100 residents?
120.5 firearms
## Footnote
This is based on legally owned guns.
48
How many civilian-owned firearms are there in the U.S.?
394 million
## Footnote
This number exceeds the total population.
49
How much higher is the gun homicide rate in the U.S. compared to the European Union?
23 times higher
## Footnote
This highlights a significant disparity in gun violence.
50
What is the homicide rate in the U.S.?
7.5 per 100,000
## Footnote
This statistic reflects the overall violence in the country.
51
What are the leading causes of death among children aged 1 to 19 in the U.S.?
Guns
## Footnote
This often involves incidents where teenagers shoot other teenagers.
52
Which countries have homicide rates at or under 1.0 per 100,000?
UK, Sweden, Norway, France, Spain, Germany, Austria, Australia, Belgium, Denmark, Finland, Italy, Japan, Netherlands, Northern Ireland, Portugal, Scotland
## Footnote
These countries have lower rates of poverty and different cultural attitudes towards crime.
53
Fill in the blank: The U.S. has a tremendous demand for _______ drugs.
illicit
## Footnote
This high demand contributes to the profitability of the drug trade.
54
True or False: The price of drugs has increased over time in the U.S.
False
## Footnote
The price of drugs has become cheaper due to their availability.
55
What cultural aspect contributes to the high homicide rate in the U.S.?
Focus on retribution for crime
## Footnote
This cultural approach differs from that in many other countries.
56
What does the adversarial process/system promote?
A culture of 'winning' against the defendant
## Footnote
This creates opposing sides with conflicting interests.
57
Why is the government more likely to 'win' in the adversarial system?
The government has many more resources
## Footnote
This discourages cooperation and problem-solving.
58
What is overcriminalization?
The expansion of criminal laws to address various social and economic problems
## Footnote
Conservatives and liberals have different concerns regarding this issue.
59
What has been a significant trend in criminal law over the past 50 years?
A massive expansion to address social and economic problems
## Footnote
Some expansions, like those related to technology, make sense.
60
What is the connection between public institution failures and criminal law expansion?
Criminal law policies are designed to manage problems resulting from failures of key institutions
## Footnote
This is described as a conscious decision.
61
What is the school-to-prison pipeline?
The process where schools fail to address children's issues, leading to increased juvenile justice involvement
## Footnote
Schools often replace police with mental health counselors.
62
What are the two public education systems mentioned?
Wealthy and poor
## Footnote
This disparity affects children's chances of success and reoffending.
63
What percentage of people in prisons have drug offenses?
25%
## Footnote
This highlights the connection between drug treatment and criminal justice.
64
What has happened to affordable housing in the past 15 years?
There has been a 60% decrease
## Footnote
This contributes to the criminalization of homelessness.
65
What is the recividism rate?
Recidivism rates are at 85%
## Footnote
This indicates that the system fails to prevent reoffending.
66
What is the problem with the current approach to criminal justice?
It doesn't work effectively
## Footnote
There is no central authority focused on reducing recidivism.
67
What is a major cost associated with the war on drugs?
1 trillion dollars
## Footnote
This reflects the crowded and expensive nature of the criminal justice system.
68
What is the composition of the criminal justice system in the U.S.?
1 Federal, 50 State, and 3,100+ Counties
## Footnote
This complexity complicates reform efforts.
69
What is a positive trend in criminal justice?
Significant interest in criminal justice reform
## Footnote
This interest comes from the public, non-profits, and some policymakers.
70
What is more effective than punishment in reducing recidivism?
Incentive
## Footnote
This has been established through evidence-based practices.
71
What is Drug Court designed to do?
Divert offenders from punishment to treatment
## Footnote
This approach has been proven to reduce recidivism.
72
True or False: Criminal justice reform is a simple process.
False
## Footnote
It is a phenomenally massive effort.
73
What is the focus going forward in addressing crime?
Crime is a symptom of deeper issues
## Footnote
This suggests a need for addressing root causes rather than just the crime itself.
74
What is the primary role of the Legislative Branch of Government in the American criminal justice system?
Create statutes/laws, policies, procedures that identify the elements of a crime
## Footnote
Includes criminal code and penal code
75
Define actus reus.
You actually did it
## Footnote
Actus reus is one of the key elements that must be proven in a crime.
76
Define mens rea.
You intended what you did
## Footnote
Mens rea is another essential element that must be proven by the government.
77
What is strict liability?
A legal standard that holds a person responsible for the consequences of their actions, even if they didn't intend to do it
## Footnote
In strict liability cases, proving mens rea is not required.
78
What does the penal code define?
The punishment associated with the conviction of a particular crime
## Footnote
It also outlines how sentencing is conducted.
79
What are the two types of sentencing mentioned?
* Determinant sentencing
* Indeterminant sentencing
## Footnote
Determinant sentencing involves fixed sentencing, while indeterminant sentencing offers a range of punishment.
80
What is the purpose of the code of criminal procedure?
To create a procedural rule book for the criminal justice system
## Footnote
It sets out laws for everyone involved in the system to follow.
81
Who primarily funds local law enforcement?
Local governments
## Footnote
Local governments fund law enforcement, courts, jail, and pretrial services.
82
What is the role of law enforcement in the criminal justice system?
Enforce the law, investigate potential violations, gather evidence, and arrest
## Footnote
Law enforcement serves as the front door to the criminal justice system.
83
What are the three types of courts mentioned?
* Trial courts
* Appellate courts
* Alternative or problem-solving courts
## Footnote
Each court type has a different focus and function within the system.
84
What is the pretrial phase?
The phase between arrest and sentencing
## Footnote
It includes key decisions like bail versus detention and charging decisions.
85
True or False: The majority of decisions in the criminal justice system are made after a trial begins.
False
## Footnote
Most decisions are made before trial, often with plea deals accepted.
86
What challenges are associated with policing in the U.S.?
Issues related to training and law enforcement culture
## Footnote
Militarization due to surplus military equipment is a significant concern.
87
What is the main goal of judges in trial courts?
To assure due process
## Footnote
Judges play a critical role in maintaining fairness in the legal process.
88
Fill in the blank: The vast majority of cases are adjudicated in _______.
Trial courts
## Footnote
Trial courts handle most cases in the criminal justice system.
89
What do appellate courts do?
Review decisions made in trial courts
## Footnote
They ensure that due process was followed in the initial trial.
90
What is the focus of alternative or problem-solving courts?
Circumstances that brought someone into the criminal justice system
## Footnote
These courts often provide treatment rather than punishment.
