Final Exam Flashcards
1
Q
stare decisis
A
to stand by things decided (core of the common law system)
2
Q
gamble v. U.S. (2019)
A
Supreme court held that dual sovereignty (tried for same crime in state & federal) doesn’t contradict double jeopardy
3
Q
needed for the USSC to overrule a precedent:
A
-Workability of the standard
-Antiquity
-Reliance interests at stake
-Whether the original decision was well-reasoned
4
Q
adversarial process
A
-Multiple parties in court (judge, defendant/attorney, prosecutor/victim)
-Judges oversee the interactions & enforce rules w/o imposing their will
5
Q
inquisitorial process
A
-When these parties aren’t divided well
-Judge isn’t in the middle (ruins impartiality)
6
Q
jurisdiction
A
territory in which a judge/court can rule (USSC has the largest)
7
Q
types of courts
A
federal, state, state supreme, tribal
8
Q
main functions of courts
A
-Enforcing norms
-Handling dispute processing for society
-Engage in policy-making (especially higher courts)
9
Q
trial courts
A
try criminal cases
10
Q
appellate courts
A
analyze legality of the cases, trials, & outcomes (hear appeals of lower courts’ decisions)
11
Q
limited jurisdiction trial courts
A
only misdemeanors (only in state courts)
12
Q
general jurisdiction trial courts
A
handle the full range of felony cases & all other civil lawsuits
13
Q
intermediate appellate courts
A
between trial courts & state supreme courts (not all states have, but many do)
14
Q
USSC role
A
-70-80 cases heard per year
-Can hear both federal & state cases
15
Q
federal courts
A
district < circuit courts of appeals < U.S. Supreme Court
16
Q
state courts
A
trial courts of limited jurisdiction < trial courts of general jurisdiction < intermediate courts of appeals < appellate court of last resort (supreme court)
17
Q
partisan election
A
An election in which candidates openly affiliated with political parties are presented to voters for selection
18
Q
nonpartisan election
A
An election in which candidates’ party affiliations are not listed on the ballot
19
Q
gubernatorial appointment
A
state governor elects trial-court judges
20
Q
legislative selection
A
state legislature elects trial-court judges
21
Q
merit selection
A
A reform plan by which judges are nominated by a committee & appointed by the governor for a given period
22
Q
federal court judge selection
A
Nominated by the president & confirmed by a majority vote of the U.S. Senate
23
Q
diversity of judges
A
-Majority of state judges are white men
-Disproportionate percentages compared to actual pop. numbers
24
Q
Moritz v. Commissioner (1970)
A
RBG asked the USSC to overturn Section 214 of the Internal Revenue Code (discriminatory against MEN)
25
administrative tasks of judges
Adjudicator => Applies the laws equally & fairly
Negotiator => Plea bargains, sentencing, & bail
Administrator => Managing courtroom, deals w/political power & legislators
26
judge in pre-arrest phase
Reviews requests for & issues/denies search/arrest warrants
27
judge in initial appearance
-Advises accused of rights
-Determines bail & pretrial release
-Decides if case should be dismissed or heard
28
judge in preliminary hearing
-Evaluates prosecution & defense claims w/regard to probable cause
-Decides whether evidence exists to hold accused for arraignment
-Rule on bail reduction requests
-Continues to advise accused as to rights
29
judge in arraignment
-Evaluates indictment/information
-Advises defendant as to plea
-Ensures defendant understand the impact of "guilty" or "no contest" with regard to waiver of some rights
30
judge in pretrial
-Rules on pretrial motions
-Answers requests for continuances
31
judge in trial
-Oversee jury selection
-Rule on evidence & other aspects of adversarial procedure
-Instruct jury as to legal rules affecting the case
-Charge the jury & receive report of deliberations
-If nonjury trial, determine guilt/innocence
32
judge in sentencing
-Evaluate presentence report
-Hear the opposing arguments of counsel w/regard to sentence
-Impose sentence
33
prosecuting attorney
Makes discretionary decisions on whether to pursue criminal charges (represents the government; pursues cases that violate state laws)
34
U.S. attorney
Prosecutes federal cases
35
state attorney general
Chief legal officer of a state (responsible for civil & criminal matters)
36
prosecutorial misconduct
Any improper or unethical conduct by a prosecutor while carrying out their duties in a criminal case
37
Brady v. Maryland (1963)
-Brady & Boblit were both found guilty of first-degree murder
-Brady claimed to participate in the robbery, but not the murder
-Later found out that Boblit had confessed to the murder, but the prosecution had suppressed this evidence for Brady’s trial
=> Supreme Court ruled that, even if not requested, prosecutors must disclose exculpatory evidence (The “Brady rule”)
38
prosecutor's influence
Most decision-makers in the CJS are involved in only one part of the process, but prosecutors are involved in multiple stages
39
prosecutor's roles
-"Lawyer for the state"
-Upholds the law
-Press charges against lawbreakers
-Enforcing the rules of due process
40
discretion of prosecutor in CHARGES
-Determine what charges to file
-One incident may violate multiple laws, but can choose to bring one charge or more
41
discretion of prosecutor in DISCOVERY
-Info in prosecutor’s case file must be available to the defense (Exchange information)
-A pretrial phase (During arraignment or initial appearance)
42
nolle prosequi
An entry made by a prosecutor on the record of a case & announced in court, indicating the charges specific will not be prosecuted (essentially, charges are dismissed)
43
prosecutor & police
-Depend on police to provide the suspects & evidence to convict the lawbreakers
-Cannot investigate crimes independently, so in command of the cases brought to them
44
prosecutors & victims/witnesses
Can pursue a case whether or not a victim wants to press charges (however, many won't when the critical testimony & other evidence must come from the victim)
45
prosecutors & judges/courts
Sentencing histories of judges give prosecutors an idea of how the case may be treated in the courtroom
46
prosecutors & the community
Public opinion & the media play a crucial role in creating an environment that either supports or scrutinizes the prosecutor
47
prosecutor in investigation/arrest
-Assist police w/prep of search/arrest warrants
-Receive case file & screen to determine if the prosecution should proceed
-Advise police on evidence needed
48
prosecutor in initial appearance
-Inform court & accused of charges
-Usually seek high bail
-May drop case (enter nolle prosequi)
49
prosecutor in preliminary hearing
-Establish prima facie case
-May nolle prosequi
-Oppose bail reduction
-Discuss the case w/the defense
50
prosecutor in arraignment
-Present charges against accused through indictment or information
-Acknowledge the defendant’s plea
-Continue plea bargain discussions
51
prosecutor in pretrial
-Prepare case for trial by gathering evidence & interviewing witnesses
-Oppose pretrial motions filed by the defense
-Accept plea bargains
52
prosecutor in trial
-Respond to court in defendant’s change of plea to guilty by reducing charges (plea bargain)
-Taking an adversarial stance in jury selection & proving the state’s case beyond reasonable doubt
53
prosecutor in sentencing
recommends & justifies sentences
54
prosecutor in appeals
prepares argument to counter appeals filed by the defense
55
defense attorney
The lawyer representing accused offenders & convicted offenders in their dealing with criminal justice
56
presumption of innocence
-Criminal defense attorneys work on behalf of people accused of crimes–and under the American criminal justice systems, defendants are presumed innocent until proven guilty
-Not guaranteed in the Constitution, but statutes & the Supreme Court has recognized it as one of the most basic requirements of a fair trial
57
DA in police station
-Advice during interrogation
-Ensuring constitutional rights aren’t violated
-Counsel during booking
-Seek pretrial release
-Determine facts of case from police records
58
DA in initial appearance
-Appear with accused before judge
-Seek pretrial release (or release on recognizance or bail)
-Challenge basis of arrest
59
DA in preliminary hearing
-Challenge prosecutor’s stand that probable cause exists
-Seek bail reduction if client not released
-Discover evidence held by prosecutor
-Counsel defendant as to nature of case
-Discuss case with prosecutor
60
DA in arraignment
-Learn charges listed in indictment or information
-Advise client as to plea
-Discuss plea bargain with prosecutor
61
DA in pretrial
-Continue plea negotiations
-File pretrial motions challenging evidence & procedural errors
62
DA in trial
Change plea from not guilty to guilty as result of bargain or assume adversarial stance in jury selection & presentation of defense
63
DA in sentencing
-Prepare client for expected outcome
-Urge lenient sentence
64
DA in appeals
-Develop appropriate basis for appeal
-Request that client be released pending appeal
65
right to an attorney
Gideon v. Wainwright (1963) => Free attorneys to low-income defendants
Miranda's rule => Prior to ANY custodial interrogation, law enforcement officials must provide a person with a clear warning of Miranda's rights
66
assigned counsel
An attorney to private practice assigned by a court to represent an indigent
-Frequently used in small towns & rural regions
-Usually structures in an ad hoc or a coordinated basis
-Judge either selects an attorney from a prearranged rotation list or chooses a lawyer who is present in the courtroom & has a reputation for providing competent representation
-Fees paid to assigned counsel are typically lower to what a lawyer may usually charge
67
contract counsel
An attorney to private practice who contacts with the government to represent all indigent defendants in a county during a set period
-Government contracts with an attorney, nonprofit org, or a private law firm to manage indigent cases
-Jurisdictions that rely on public defenders for most cases may use contracted services in situations involving multiple defendants or complex cases that present conflicts of interest
-May use contracted services for cases that require more time than the government-employed lawyers can allocate
68
public defender
An attorney employed on a full-time, salaried basis
-The emergence of public defenders was in response to the legal requirements of impoverished defendants
-Rapidly expanding & implemented in 43/50 of the most populous counties & major cities
-Many professionals & individuals consider the public defender system superior to the assigned counsel system (Mostly bc public defenders are experts in criminal law)
-Full-time government staff (Prioritize their clients’ cases over their financial interests; However, may have overwhelming caseloads & responsibilities may decrease as governments cuts could affect funding)
69
bail
Amount of money paid as a condition of pretrial release to ensure the accused appears in court (often set by the judge)
70
bond
Refers to a set of conditions that must be met by the accused to retain their freedom while awaiting trial
71
bail agents
Private business people who are paid fees by defendants who lack the money to make bail (licensed by state & can choose their own clients)
Clients pay a portion of their bail to the agent, and don't get it back. The agent can get them back to court by any means necessary.
72
pretrial detention (facts)
-15% of felony defendants wait for >1 year
-34% of deaths in the first week of pretrial detention => Suicide
-Contributes to a lot of the incarceration discrepancies btwn the U.S. & other countries
73
plea bargaining
-Quick resolution of cases by negotiated guilty pleas
-Advantages for defendants, prosecutors, defense attorneys, & judges
-Defendants can have their cases completed more quickly & know what the punishment will be
-Happens in about 90% of cases
74
Santobello v. New York
-Opinion emphasized that the plea bargaining process is crucial to the criminal justice system
-Agreements between prosecutors & defendants must be upheld (even with a new prosecutor)
75
most critical factor for whether cases go to trial
the seriousness of the crime (prosecutor less likely to offer plea, DA more likely to try the risk of a trial)
76
bench trials
Presided over by a judge & w/o a jury
77
In the federal system, the trial needs to be conducted by a jury, unless:
-Defendant waives jury trial in writing
-Government agrees with this
-Court approves of this
78
jury
A panel of citizens selected according to law & sworn to determine matters of fact in a criminal case & to deliver a guilty or noy guilty verdict
79
jury trial
-Jury evaluates the facts
-The judge referees & ensures jury impartiality
80
vital functions of the jury
-Prevent government oppression by safeguarding citizens against arbitrary law enforcement
-Determine whether the accused is guilty (or not)
-Represent diverse community interests
-Promote citizens’ knowledge about the CJS through the jury duty process
-Symbolize the rule of law
81
Williams v. FL (1970)
U.S. Supreme Court ruled that juries of fewer than 12 members are constitutional (but 12 is typical)
82
timeline of jury in the trial process
-Selection of the jury
-Opening statements by prosecution & defense
-Presentation of the prosecution’s evidence & witnesses
-Presentation of the defense’s evidence & witnesses
-Presentation of rebuttal witnesses
-Closing arguments by each side
-Instructions to the jury by the judge
-Decision by the jury
83
prosecutor goes first because:
Presumption of innocence
-Needs to show why that may not be the case
-Burden of proof is on prosecutor
Then, the defense can respond to the prosecution's case
84
jury selection process
1. Jury pool of 200-1000 citizens drawn each month from source list
2. 30 people paneled (May return to pool if there is a guilty plea, or if the case is dismissed)
3. 14 are selected for the jury, 16 are challenged or not used (Challenged & not used are returned to jury pool)
4. Jury of 14 people (May return to pool if there is a guilty plea, or if the case is dismissed)
85
voir dire
Questioning prospective jurors to screen out people the attorneys think might be biased or incapable of delivering a fair verdict
86
challenge for cause
Removal of a prospective juror by showing they have some bias or legal disability
Unlimited
87
peremptory challenges
Removal of a prospective juror without giving a reason
Limited
88
Batson v. Kentucky (1986)
SC found that racial discrimination, due to an all-white jury, was a huge part of Batson’s conviction
Batson Challenge => When a prosecutor/attorney strikes a juror for racial reasons, their decision can be challenged
89
Issues with the Batson challenge?
Can use any non-racial, arbitrary reason to justify
90
opening statements
-The clerk reads the information/indictment (first)
-If they desire, the prosecutor & the defense attorney may make opening statements to the jury (summarizing the position)
91
presentation of evidence (prosecution)
-Real/Material evidence
-Demonstrative evidence
-Testimony
-Direct evidence
-Circumstantial evidence
92
demonstrative evidence
Not based on witness testimony
Demonstrates evidence relevant to the crime
93
testimony
Oral evidence provided by a legally competent witness
94
direct evidence
Eyewitness accounts
-Need to be neutral
-Don’t go to prove anything
-Simply giving facts from their experience/POV
95
circumstantial evidence
Evidence provided by a witness, from which a jury must infer a fact
96
presentation of evidence (defense)
Typically, one of the following occurs:
-Contrary evidence is introduced to rebut or case doubt on the state’s case
-An alibi is offered
-An affirmative defense is presented (Working on the penalty by giving an excuse or justification)
97
closing arguments
-When each side has completed their presentation of the evidence
-Prosecution & defense make closing arguments to the jury to review the evidence of the case for the jury
-Presenting interpretations of the evidence that favor their own side
98
judge's instructions to jury
-Jury decides the facts
-Judge decides the law
-Judge instructs the jury on legal principles to guide their decision (One is reasonable doubt; The juror must be “satisfied to a moral certainty” rather than wavering or uncertain)
-Realistically, juries need help understanding many of these instructions
99
decision by the jury
-Jurors retire to a room where they have complete privacy
-May be sequestered throughout their deliberations–kept together day & night
100
hung/deadlocked jury
A judicial jury that cannot agree upon a verdict after extended deliberation & cannot reach the required unanimity or supermajority (usually results in the case being tried again)
101
suggested reforms to the jury system
-Allow jury to take notes
-Allow jury to submit questions to judge
-Allow jury to submit questions to witnesses
102
concurrent sentences
Sentences/Prison terms for multiple charge occur at the same time
103
consecutive sentences
Sentences/Prison terms for multiple charges occur one after the other
104
three assumptions associated with misdemeanors in the CJS:
-Any person appearing before the court is guilty because the police & prosecution have presumably filtered out doubtful cases
-The vast majority of defendants will plead guilty
-Those charged with minor offenses will be processed in volume, with dozens of cases being decided rapidly within an hour
An assembly style procedure
105
presentence report
Report prepared by a probation (or parole) officer that presents a convicted offender’s background & is used by the judge in selecting an appropriate sentence
106
racial disparities in punishments
Research on federal court sentencing has found that racial disparities are largely caused by prosecutors’ decisions to charge minority defendants with more serious crimes
107
appeals
-Defendant typically has the right to appeal the verdict to a higher court
-Based on a claim that one or more errors of law/procedure were made during investigation, arrest, or trial (Questions of procedure, not guilt/innocence)
-If significant errors in the trial => Conviction is set aside
-Common argument => “the exclusionary rule”
108
habeas corpus (after appeals)
Judicial order requesting that a judge examines whether an individual is being properly detained in a jail, prison, or mental hospital (only 1% succeed)
109
wrongful convictions
-Because victims or witnesses made mistakes in identifying alleged criminals from photographs & lineups
-Other wrongful convictions occur due to misconduct by police & prosecutors, or ineffective performance by defense attorneys
-DNA tech has helped exonerate people (as well as convict)
110
four main goals of punishment
-Retribution
-Deterrence
-Incapacitation
-Rehabilitation
111
retribution
Punishment inflicted on a person who has harmed others because they deserve to be penalized
112
deterrence
Punishment of criminals is intended to be an example to the general public & to discourage the commission of offenses
113
general deterrence
Presumes that members of general public, on observing the punishments of others, will conclude that the costs of crime outweigh the benefits
114
specific deterrence
Punishment inflicted on criminals to discourage them from committing future crimes
115
incapacitation
Deprives the offender of the ability to commit crimes against society by detaining them in prison
116
rehabilitation
Goal of restoring a convicted offender to a constructive place in society through some form of training or therapy (widely accepted as a goal from the 40s to the 70s)
117
five things about deterrence
-Certainty of being caught is a vastly more powerful deterrent than the punishment
-Sending an individual convicted of a crime to prison isn’t a very effective way to deter crime (Mentioning specific deterrence)
-Police deter crime by increasing the perception that criminals will be caught & punished
-Increasing the severity of punishment does little to deter crime
-There is no proof that the death penalty deters criminals
118
forms of criminal sanctions
-Incarceration
-Intermediate sanctions
-Probation
-Capital punishment/Death penalty
119
indeterminate sentences (incarceration)
A period set by a judge specifies a minimum & a maximum time to be served in prison (sometime after minimum, eligible for parole)
120
determinate sentences (incarceration)
A sentence that fixes the term of imprisonment at a specific period
121
good-time policies
A reduction of an inmate’s prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs
122
earned time
Reduction of a prisoner’s sentence as a reward for participation in educational or other rehabilitation programs & for work assignments such as disaster relief & conservation projects
123
intermediate sanction
A variety of punishments are more restrictive than traditional probation, but less severe/costly than incarceration (ex: fines, home confinement, boot camp, etc.)
124
probation
A sentence that the offender is allowed to serve under supervision in the community (have rules to follow during this time as well)
125
shock probation
A sentence in which the offender is released after a short incarceration & resentenced to probation
126
arguments in FAVOR of the death penalty
-Deters criminals from violent acts
-Achieves justice by paying killers back for their horrible crimes (retribution)
-Prevents criminal from doing further harm
-Less expensive than holding murderers in prison for life
127
arguments AGAINST the death penalty
-No evidence proves it is a deterrent
-It is wrong for the government to participate in the intentional killing of citizens
-Applied in a discriminatory fashion
-Innocent ppl have been sentenced to death
-Some methods are inhumane & cause painful, lingering death
128
Furman v. Georgia (1972)
Death penalty (as it was) is cruel & unusual punishment
129
Gregg v. Georgia (1976)
Judge & jury must consider mitigating & aggravating circumstances in deciding about the death penalty
130
McCleskey v. Kemp (1987)
Death penalty isn't allowed if there is any doubt about racial discrimination in a case
131
Witherspoon v. IL (1968)
Potential jurors against the death penalty cannot be automatically excluded (unless have a strong opinion & can't be neutral)
132
Atkins v. Virginia (2002)
Execution of the mentally disabled is unconstitutional
133
Roper v. Simmons (2005)
Execution of offenders who were minors at the time is unconstitutional
134
Madison v. Alabama (2018)
8th amendment prohibits execution of prisoners who cannot rationally understand the reasons for their execution (psychosis, dementia, etc.)
135
federal level capital punishment
-Congress & state legislature can prescribe the death penalty for crimes considered capital crimes
-The federal gov has also employed the death penalty for certain federal offenses
---Ex) Murder of a gov. official, kidnapping resulting in death, running a large-scale drug enterprise, treason
-The U.S. federal gov. has 41 capital offenses punishable by death
-Section 18 USC Chapter 228
136
penitentiaries
-Invented in 1779
-Secure & sanitary buildings
-Inspection to ensure that offenders followed the rules
-Abolition of the fees charged to offenders for their food
-A reformatory program
137
Pennsylvania system (1790)
-Each inmate was isolated from other inmates for all activities
-Solitary confinement would prevent further corruption inside prison
-In isolation, offenders would reflect on their transgressions & repent
138
New York system (1819)
-Held in isolation at night, but worked with other prisoners in shops during the day
-Worked under rule of silence
-Forbidden from exchanging glances
139
contract labor system
A system under which inmates’ labor was sold on a contractual basis to private employers who provided the machinery & raw materials with which inmates made salable products
140
lease system
A system under which inmates were leased to contractors who provided prisoners with food & clothing in exchange for their labor
141
reformatory system
-First reformatory in NY in 1876
-Interviewed each new inmate to create an individualized work & education treatment program
-Inmates followed a rigid work schedule during the day, followed by courses in academic, vocational, & moral subjects in the evening
142
mark system
A point system in which prisoners can reduce their term of imprisonment & gain release by earning “marks,” through labor, good behavior, & educational achievement
143
three principles of female prison reform:
-Separation of female prisoners from men
-Provision of care in keeping with the needs of women
-Management of women’s prisons by female staff
144
rehabilitation (medical) model
A model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or education training or therapy
145
community model
-Resulted from the 60s/70s, with the Civil Rights movement, war on poverty, & resistance to the Vietnam War
-Scholars began to advocate for a model of corrections based on the goal of reintegrating the offender into the community
-Programs were supposed to help offenders find jobs & remain connected to their families & the community
-Imprisonment was to be avoided, if possible, in favor of probation
146
crime control model
Model of corrections based on the assumption that criminal behavior can be controlled by more incarceration & forms of strict supervision
147
federal corrections
Federal Bureau of Prisons
Federal Probation & Parole Supervision
148
state corrections
-May include prisons, reformatories, halfway houses, etc.
-<8% of inmates are women
-21% of men are under maximum security
149
private prisons
-131,300 prisoners
-6% of state & 19% of federal
-States contract w/private companies
-Advocates tout cost-cutting without evidence of such
150
jail
Local facilities for the detention of people awaiting trial or sentenced to misdemeanants
151
fiscal problems with jails
-Help control crime
-Drain local resources & revenues
-Public often needs to understand the cost of jail operations
-Issues lead to overcrowding, lack of programs, & insufficient officers for jail supervision
152
role of jails
-Detain those accused & awaiting trial
-Most correctional officers work under the direction of county sheriffs
-Many of the inmates are sentenced offenders under correctional authority
153
Cooper v. Pate (1964)
Decided that the Bill of Rights applied to prisoners
154
three models of incarceration goals:
-Custodial
-Rehabilitation
-Reintegration
155
custodial model
Emphasizes security, discipline, & order in subordinating the prisoner to the warden’s authority (most max-security prisons today)
156
rehabilitation model
Emphasizes treatment programs designs to reform the offender (treatment programs still exist, but few prisons conform to this model)
157
reintegration model
-Emphasizes maintaining the offender’s ties to family & community
-Prisons following this model gradually give inmates greater freedom & responsibility during their confinement
158
supermax prisons
-A stand-alone unit or part of another facility designed for violent or disruptive inmates
-Typically involves up to 23 hour/day, single-cell confinement for an indefinite period
-Inmates have minimal contact with staff & other inmates
159
supermax locations
remote & distant from urban areas
160
supermax visitation
-Minimal to no privileges
-Only no-contact visits
-Limited lawyer visits
161
supermax regime
-Cells up to 23 hours/day
-Minimal or no contact w/other prisoners
-Minimal contact with staff
162
supermax effect on prisoners
Often creates physical & psychological health problems
Ex) Weight loss, self-harm, suicide attempts, psychosis, delusions
163
prison managers:
-Cannot select clients
-Have little to no control over the release of their clients
-Must deal with clients who are there against their will
-Must rely on clients to do most of the work in the daily operation of the institution (Work they are forced to do & are not paid for)
-Must depend on the maintenance of satisfactory relationships between clients
-Multiple goals & separate lines of command can often cause ambiguity & conflict in the administration of prisons
164
deputy warden management roles
Budgets & accounts
Food service
Clothing & laundry
Buildings & grounds
Canteen
Purchasing
165
deputy warden custody roles
Institutional security
Guard forces
Prisoner discipline
Investigations
Visiting
166
deputy warden programs roles
Medical & dental services
Education
Recreation
Counseling
Classification
Religion
167
deputy warden industry & agriculture roles
Industry
Farm
168
order (prisons)
Absence of misconduct that threatens the safety of others
169
amenities (prisons)
Anything that enhances the comfort of inmates
170
service (prisons)
Programs designed to improve the lives of inmates
171
inmate leadership
Trusted prisoners can help with communication
172
correctional officers
Expected to counsel, supervise, & protect inmates
173
COs can use force in these situations:
-Self-defense
-Defense of third persons
-Upholding prison rules
-Prevention of a crime
-Prevention of escape
174
inmate code
-The values & norms of the prison social system define the inmates’ idea of the model prisoner
-Code also emphasizes the solidarity of all inmates against staff
-Offers some protection from victimization while in prison
-No single code exists in all prisons
175
four role orientations for adapting to prison (male inmates):
-Doing time
-Gleaning
-Jailing
-Disorganized
176
doing time (orientation)
View their prison term as a brief, inevitable break in their criminal careers, a cost of doing business (avoid trouble & live by inmate code)
177
gleaning (orientation)
Try to take advantage of prison programs to better themselves & improve their prospects for success after release (use resources available)
178
jailing (orientation)
Choice of those who cut themselves off from the outside & try to construct a life within the prison
179
disorganized (orientation)
Describes inmates who cannot develop the other three directions
180
prison economy
-Prisons have a commissary from which inmates may purchase restricted items in exchange for credits drawn on their “bank accounts”
---But not enough
-An informal, underground economy acts as a major element in prison society
---Economic transactions can lead to violence when goods are stolen, debts are not paid, or agreements are violated
---Prison gangs may play a role in the underground economy
181
community corrections
Community corrections seek to keep offenders in the community by building ties to family, employment, & other normal sources of stability & success (probation & intermediate are components)
182
intermediate sanctions
More restrictive than traditional probation, but less severe & less costly than incarceration
183
arguments in FAVOR of community corrections
-Many offenders’ criminal records & current offenses are not serious enough to warrant incarceration (Usually applied to first-time criminals & misdemeanors)
-Cheaper than incarceration
-Rates of recidivism (returning to crime) for those under community supervision are no higher than those who go to prison
-Ex-inmates require both support & supervision as they try to remake their lives in the community
184
two ways that probation ends:
1. Completing the sentenced probation time
2. Revocation due to a technical violation or committing a new crime (The requirements given by judge at the time of sentencing; Not necessary, but depends on what is violated/committed)
185
low control intermediate sanctions (examples)
fines/restitutions, community service, drug/alcohol treatment, home confinement, intensive probation supervision
186
fines
Sum of money paid to the state by a convicted offender (Usually for traffic violations & misdemeanors)
187
restitution
repayment of offender to the victim (monetary restitution is rarely paid)
188
forfeiture
Government seizure of property or assets used or gained in criminal activity (often seen as excessive)
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day reporting centers
Community correctional centers where offenders report every day for treatment, counseling, & education
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intensive supervision probation (ISP)
Strict reporting to a probation officer (who has a limited caseload)
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probation diversion ISP
For people too risky for routine supervision
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institutional diversion ISP
Low-risk individuals, usually sent to prison for some time & then on probation for community supervision
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boot camps
A short-term institutional sentence that is usually followed by probation
Generally targeted towards young offenders; Military style
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reentry
A limited period of supervision during which an inmate either moves to full liberty in the community or returns to prison for committing a new crime or violating the terms of parole (not just parole)
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four basic mechanisms for release:
-Expiration
-Mandatory
-Other conditional releases
-Discretionary (Parole)
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expiration release
Release from prison without further supervision after their sentence (time is "maxxed out")
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mandatory release
Required release of an inmate from incarceration to community supervision upon the expiration of a certain period, as specified by a determinate sentence law or parole guidelines
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other conditional releases
-A term used in some states to avoid the rigidity of mandatory release by placing convicts in various community settings under supervision
-Also avoid the appearance of the politically sensitive label, “discretionary parole”
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discretionary release (parole)
The release of an inmate from prison to conditional supervision at the discretion of the parole board, within the boundaries set by the sentence & the penal law (77% will be released on parole)
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Three concepts of parole:
-Grace
-Contract
-Custody
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grace
Government is extending the privilege to be released
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contract
Government and inmate agree to conditions of the inmate’s release
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custody
Even though the inmate is released, they are still under governmental control
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When someone is eligible for parole, their sentence will be:
indeterminate; eligible at the minimum of the range, but can stay behind bars until the maximum is reached
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crimes where parole is typically not allowed
Murder, kidnapping, rape, arson, drug trafficking, etc. (very violent crimes)
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conditional release
Conduct restrictions that parolees must follow as a legally binding requirement of being released
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community programs for preparing for release:
-Work & education release
-Furlough
-Halfway houses
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work & education release
Daytime release of inmates from prison to attend work or school
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furlough
Temporary release of a person from prison for a brief visit home
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halfway houses
Correctional facilities housing people released from prison who spend their day at work & return at the end of the day (after work)
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parole board
-Members appointed for a fixed term bu the office of the governor
-Investigates inmates & presents a consideration to the governor
-Governor has final authority
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Gault (1967)
-15-year-old arrested for an alleged obscene phone call
-Had previously been on probation
-Police didn’t leave a notice with his parents at work
-Gault was sentenced to the State Industrial school until age 21
Supreme court decided that juveniles have the right to counsel, to confront & examine witnesses, & to be notified of charges against them
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Winship (1970)
-12-year-old arrested & charged for breaking into a locker & stealing $112
-Court decided his guilt, despite evidence not showing guilt beyond reasonable doubt
USSC ruled that the strict “reasonable doubt” standard must be applied to adults & juveniles
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waiver
A procedure in juvenile court to transfer a juvenile to an adult court
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key factors for deciding on waivers:
-Age of clients (upper limit is between 15-17)
-Categories of cases under juvenile jurisdiction
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case categories under juvenile jurisdiction
-Delinquency
-Status offenses
-Neglect
-Dependency
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delinquent
A child who commits an act that, if committed by an adult, would be a crime
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status offenses
Certain acts are illegal only if committed by a juvenile
Ex) Running away from home, underage use of alcohol
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Neglect/neglected child
Receiving inadequate care bc of some action or inaction of their parents/guardians (state's goal is to act as a guardian & provide resources)
Ex) Not being send to school, not receiving medical care, living in injurious environments
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dependent child
A child who has no parent/guardian or whose parents/guardians cannot give proper care
Laws governing neglect & dependent children view children as victims of adult behavior
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In theory, the juvenile justice system should be a:
non-adversarial process (working together rather than competing sides)
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juvenile justice system process
1. Police interface
2. Intake screening at the court
3. Pretrial procedures
4. Transfer (waiver) to adult court
5. Adjudication
6. Disposition
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police interface
Police bring most complaints against juveniles, although an injured party, school officials, & parents can initiate as well
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police interface
Police bring most complaints against juveniles, although an injured party, school officials, & parents can initiate as well
Three major decisions:
-Whether to take the child into custody
-Whether to request the child to be detained following apprehension
-Whether to refer the child to court
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intake screening at the court
-Processing of delinquency cases begins with a referral as a petition (not an arrest warrant)
-When a petition is filed, an intake hearing is held (presided over by a hearing officer; similar to indictment)
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diversion
Screening juveniles out of the juvenile justice system without going to court
Ex) Charges dismissed, agreement to alternative sanctions
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pretrial procedures (juvenile)
When a decision is made to refer a case to the court, the court holds an initial hearing
Judge decides:
Whether to detain the individual until trial OR whether to release to a parent/guardian
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initial hearing (juvenile)
Juvenile is informed of their rights & they can enter a plea
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commonality between misdemeanor cases & juvenile cases
-Almost always a guilty decision
-Go through many filters before going to trial/seeing a judge
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adjudication
-Equivalent of the trial stage of the juvenile justice system
-If the child has not admitted to the charges & the case isn’t being waived to adult court, an adjudication hearing is held to determine the facts of the case
-Judge hears the facts of the case
-Juvenile is found delinquent or innocent
-Juvenile is afforded their due process rights
-Juvenile proceedings & court records have traditionally remained closed to the public to protect the child’s privacy & potential for rehabilitation
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disposition
If the court makes a finding of delinquency, the judge will schedule a dispositional hearing to decide what action should be taken
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predisposition report
like a presentence report (but for juveniles)
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four dispositions in the juvenile justice system:
-Probation
-Intermediate sanctions
-Custodial care
-Community treatment
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juvenile probation
-64% of cases
-Biggest difference from adult cases => Juvenile probation officers have smaller caseloads & are more dedicated to each juvenile
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juvenile intermediate sanctions
-9% of cases
-Judges have a wide discretion for a fine, warning, reparations, ect.
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juvenile custodial care
-28% of cases
-Public or private facilities
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non-secure juvenile institutions
Foster homes, group homes, camps, ranches
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secure juvenile institutions
Reform schools, training schools
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juvenile boot camps
Specialized residential facilities
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juvenile institutional programs
Counseling, education, and/or vocational training incorporated into the juvenile correctional program
241
aftercare
Juvenile justice equivalent of parole
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juvenile community treatment
-More common
-Includes private & nonprofit agencies
-Community-based foster homes
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fourth amendment
Protects from unreasonable search & seizure, as well as warrants issued w/o probable cause
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fifth amendment
Guarantees due process of law & protects from self-incrimination
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self-incrimination
saying/admitting to things that would make you appear guilty of a crime
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Escobedo v. IL (1964)
Before interrogation, suspects must be advised of their right to remain silent & of their right to counsel
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Messiah v. U.S. (1964)
The sixth amendment prevents police from deliberately eliciting incriminating statements from a suspect after they have invoked the right to counsel
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Miranda rule (Miranda v. Arizona, 1966)
Once taken into custody as a criminal suspect, police must tell suspects:
-Right to remain silent
-Statements can be used against them
-Right to have counsel present
-If they cannot afford a lawyer, one will be provided to them
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NY v. Quarels
Public safety exception for evidence collected without giving miranda rights
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NY v. Quarels (1984)
Public safety exception for evidence => Police can collect incriminatory evidence if the public safety is in jeopardy
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consequences of Miranda
-Interviews should be audio or video recorded to prove suspect statements are voluntary
-If a court later decides that a suspect had Miranda’s rights violated, any statement made by the suspect cannot be used as evidence
-The Court extended Miranda’s to juveniles in 2011 (J.D.B. v. North Carolina)
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JDB v. North Carolina (2011)
Miranda's rights apply to juveniles
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when is the Miranda warning NOT required?
When the suspect isn't in custody & under interrogation
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Oregan v. Mathiason (1977)
-An officer suspected Mathiason of burglary & asked him to come to the station
-He spoke freely with the officer, and had not been arrested at the time
-Later, he was arrested & the court used evidence obtained from the prior questioning
=> Court allowed the evidence since Mathiason wasn’t in custody during that questioning
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Fraizer v. Cupp (1969)
-Roy Allen Frazier was convicted of second-degree murder & sentenced to 15 years-life in prison
-Advised of rights during preliminary questioning shortly after his arrest
-He was then falsely told that his partner (?) had confessed
-Asked for a better lawyer, but then was told he couldn’t get in any more trouble than he already was
-After this, he freely confessed &, after further warning, signed a written confession
=> Upheld the conviction & ruled that the admission of his confession didn’t violate the fifth or fourteenth amendment
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exclusionary rule (Miranda rights)
In 1914, the U.S. Supreme Court declared in Weeks v. United States that federal courts must exclude any evidence that was obtained through an improper search by federal law enforcement agents
The prosecution can continue, but the improperly obtained evidence may not be used
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Weeks v. U.S.
established the exclusionary rule for evidence obtained without Miranda's rights being given
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cases for the exclusionary rule in the states
Wolf v. Colorado (1949) => Didn’t hold states to the exclusionary rule
Mapp v. Ohio (1961) => Applied the exclusionary rule to the states
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Exclusionary rule excceptions
Good faith
Inevitable discovery
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good faith exception
Officers acted with the honest belief that they were following proper rules
U.S. v. Leon
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inevitable discovery exception
Improperly obtained evidence can be used if it would inevitably have been discovered by the police
Nix v. Williams
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U.S. v. Leon (1984)
Officers acted with the honest belief that they were following the proper rules, but the judge issued the warrant improperly (good faith exception)
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Nix v. Williams (1984)
When the defendant had told where the victim’s body was, he didn’t receive his Miranda’s rights, but a police team was already searching the area & would have found the body anyway (inevitable discovery exception)
