Final Part 2 Flashcards
(40 cards)
Voir Dire
The process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective
Challenge of Cause
Dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, because he or she has prior knowledge about a case, or for other reasons that demonstrate the individual’s inability to render a fair and impartial judgment
Peremptory challenge
Dismissal of a prospective juror by either the prosecution or the defense for unexplained, discretionary reasons
Jury nullification
A jury’s refusal to render a verdict according to the law and fact regardless of the evidence presented
Writ of habeas corpus
A judicial order re question that a person who detains another person produce the body of the prisoner and give reasons for his or her capture and detention. Known as “the great writ”. A device used to request that a judicial body review the reasons for a person’s confinement and the conditions of confinement.
History of Punishment
pgs. 422-424
Corporeal Punishment
Use of physical pain, injury, discomfort, or humiliation to penalise unruly or criminal behavior. (ex: caning or flogging)
Penitentiary and reformatory
Penitentiaries–State or federal correctional institution for incarceration of felony offenders for terms of one year or more. Were established in 1820 and were also known as reformatories.
Deterrence/ deterrent effect
The assumed ability of the threat of criminal sanctions to discourage crime before it occurs
Incapacitation
The policy of keeping dangerous criminals in confinement to eliminate the risk of their repeating their offense in society
Concurrent/Consecutive sentences
Prison sentences for two or more criminal acts, served simultaneously and run together
Determinant
A fixed term of incarceration, such as three years’ imprisonment. Felt by many to be too restrictive for rehab purposes
Mandatory Sentences
A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses
Truth in sentencing Laws
Laws requiring convicted felons to spend a significant portion of their sentence behind bars
Victim Impact Statement
A post conviction statement by the victim of crime or the victim’s family that may be used to guide sentencing decisions
Race & Punishment
pg. 441 & the New Jim Crow?
Capital Punishment
Pg. 442
Probation
A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court, subject to certain conditions for a specified time
Revocation
An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer
Suspended sentence
A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated
Presentence Investigation
An investigation performed by a probation officer attached to a trial court after the conviction of a defendant
Restitution
A condition of probation in which the offender repays society or the victim of crime for the trouble the offender caused
Restorative Justice
A view of crim j that focuses on crime as an act against the community rather than the state. Justice should involve all parties affected by crime
Jail
A correctional facility designed to hold pretrial detainees and misdemeanants serving their criminal sentence