Unit 1 Flashcards
(88 cards)
Selective incapacitation
Picking and choosing about who we incarcerate. Prioritize violent dangerous people.
Technical violations
While on probation or parole, rules that are broken that will put you back in prison. Drinking, out past curfew, leaving out of state without permission, etc.
Five contributing reasons for increase in incarceration trends
Increased arrests and more likely incarceration, tougher sentencing, prison construction, war on drugs, state and local politics
Discrimination
Differential response to a group without providing any legal reason for that response. Treated differently because of race, gender, etc.
Disparity
Inconsistencies in sentencing and/or sanctions that result from the decision-making process
Truth in sentencing
Laws that require accused individuals to serve a substantial proportion of their prison sentence before being released on parole. For most states, 85%
Good time
A reduction of an incarcerated individual’s prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational, and treatment programs
Who is part of the total jail population?
Most are in state prisons, second most are in local jails, and last is federal prisons
Mandatory minimum sentence
Minimum percentage of amount of time of a sentence that must be served with no good time or early release modification
Sentencing guidelines
an instrument developed for judges that indicates the usual sanctions given previously for specific offenses
How it is decided: Indeterminate sentence
Sentence is a range, judge decides sentence, parole decides release date
How it is decided: determinate sentence
Sentence is fixed, sentencing guidelines are used to determine sentence and release date
How it is decided: determinate presumptive
Sentenced is fixed, but the judge can impose judicial departures; sentencing guidelines + judge (judicial departures) are used to determine sentence and release date
How it is decided: determinate discretionary
Judge chooses sentence based on specific range; sentencing guidelines (law) + judge (judge selects date from range provided by guidelines) are used to determine sentence and release date
Lockups
a facility authorized to hold people before court appearance for up to 48 hours
Bail
Amount of money, specified by a judge, to be posted as a condition for pretrial release. Hold on to it with an assumption that you will come back to court to get back the money.
Incarceration population
- 1/2 in state prison, 2. local jails, 3. federal prisons, 4. private state prison
intermediate sentences
A variety of punishments that are more restrictive than traditional probation but less severe than incarceration
Cash bond
Pay bond out of your pocket
Signature bond/OR bond
Sign a paper that you will come back for your court date
Property bond
Sign over property (e.g., car) to state for bond, if you show up, you get that property back
Surety bond (bail bondsmen)
Pay someone to pay your bail, but they get all their money back if you show up, you don’t get any back.
Split sentence
Sentence in which the accused individual serves a longer period of incarceration (can be several years), followed by a period of probation
“10 years serve 2”
Shock incarceration
Sentence in which the accused individual is released after a short incarceration and resentenced to probation. Months-half a year, specific deterrence