proportionality
punishment should be as severe as the crime was serious.
equity
similar o?enders and similar o?enses should be treated the same.
many believe that a sentence should incorporate some recognition of the o?ender's criminal history; this is the notion of ________
social debt
adversarial system (3):
The Anglo-American legal system, in which legal disputes are resolved by two parties confronting each other in a court of law. The initiating party is called the plainti? (in civil cases) or prosecutor (in criminal matters); the responding party is called the defendant . In criminal cases, the prosecution bears the burden of proof.
inquisitorial system , or accusatorial system
the defendant is presumed guilty unless he or she can prove innocence,
presumption of innocence (3):
The common law idea that in criminal matters, a person is assumed to be innocent until proved guilty beyond a reasonable doubt.
preponderance of the evidence (3):
The standard of proof in civil cases; establishes that one party to a suit is more liable than the other; a less rigorous standard than the guilty-beyond-a-reasonable-doubt standard applied in criminal cases.
guilt beyond a reasonable doubt (3):
The standard of proof in criminal cases.
corpus delicti
body of the crime The facts that prove a crime.
actus reus
(in Latin, the wrongful act): an act is criminal only if it was committed overtly and resulted in harm. A wrongful act can take several forms, and the action does not have to be completed to be a crime.
Attempted crimes, conspiracies to commit crimes, and other e?orts that fall short of completed acts are called _____ in criminal law
inchoate offenses
substantive law
to de?ne those behaviors that constitute crimes in the jurisdiction under their control.
procedural law
governs the arrest, prosecution, and trial of criminal o?enders.
misdemeanors
are o?enses "punishable by incarceration, usually in a local con?nement facility, for a period of which the upper limit is prescribed by statute in a given jurisdiction, typically limited to a year or less
felonies
may prescribe sentences of 1 year or more, including life in prison or the death penalty.
petty misdemeanors
the least-serious crimes. The usual penalty is a ?ne.
Under _______ , the law that evolved from legal decisions based primarily on custom and precedent, a distinction was made between principals and accessories.
English common law
Principals
are those who actually commit a crime
accessories
are individuals who contribute in some way to the crime's commission.
mens rea
(Latin: "guilty mind"), the intention to carry out a criminal act.
Criminal intent
can be speci?c (the perpetrator intends the harm caused the victim) or general (the perpetrator under-stood that harm was possible). Convictions for most crimes require that the o?ender's intent be proved.
af?rmative defense
the defendant admits to the facts of the crime but denies criminal intent, arguing that there were mitigating factors.
Types of af?rmative defense
infancy defense
insanity defense
alibi
entrapment
infancy defense
is the argument that the defendant was too young at the time the crime was committed to distinguish between right and wrong.
In the_______, the issue is the defendant's mental capacity at the time the o?ense was committed.
insanity defense
The M'Naughton rule , which was ?rst applied in England in 1843, addresses the defendant's understanding of the di?erence between right and wrong;
M'Naughton rule
irresistible-impulse test
refers to a mental defect that would prevent the defendant from using that understanding to control his or her behavior
Although the entertainment and news media make much of the insanity defense, it is actually raised in only about ____ percent of the cases that go to trial, typically in cases involving homicide or attempted homicide
1
Insanity defense is successful in only ________percent of the cases in which it is used.
15 to 25
Alibi
Here, the defendant is not disputing the facts of the case but is saying, "I could not have committed this crime because I was some-where else at the time it was committed.
entrapment
This defense alleges that the police induced the criminal behavior, that the defendant would not have committed the crime in the absence of police intervention
Entrapment
is a common defense, particularly where the charge is vice related (drug dealing, gambling, prostitution).
As the "trier of facts," the_______is responsible for deciding who is telling the truth, what evidence means, and, eventually, whether the defendant is guilty.
jury
the _______ is the "trier of the law." The judge rules on trial procedures and evidence and decides what instructions will be given to the jury. In bench trials the judge serves as both trier of fact and trier of law.
judge
The Bureau of Justice Statistics de?nes probation as
a court-ordered period of correctional supervision in the community, generally as an alternative to incarceration
Probation
is the most common criminal disposition in the United States for adult and juvenile o?enders.
Probation is a ________ . Although probation can be imposed on alleged violators, virtually everyone who is sentenced to probation has pleaded or been found guilty. The fact that probation is a sentence means that the court has continuing jurisdiction ove
sentence
Probation is a _______ : it is imposed and supervised by a judge.
judicial function
Probation is _______. This means that the probationer's continued freedom depends on his or her meeting the terms of probation.
conditional
several states have experimented with _______to track probationers' movements
house arrest and electronic monitoring
Another condition imposed on probationers is ________ the court-ordered payment of money or services to the victim.
restitution
Restitution can also take the form of court-ordered ________
community service.
sanctions. For instance, the Anglo-Saxons in Britain had a system of monetary payments called ______ almost 1,500 years ago
botes
The most common application of ?nes is for______
tra?c o?enses.
Probably the most conspicuous use of ?nes in major criminal cases has come under the federal ______
Racketeer In?uenced and Corrupt Organizations (RICO) Statute
Racketeer In?uenced and Corrupt Organizations (RICO) Statute
The law was designed to deal with organized crime, but since the 1980s, it has been applied to a variety of criminal activities. Those convicted of RICO violations, or their state-level equivalents, can ?nd themselves facing hefty ?nes, ranging from hundreds of thou-sands to several million dollars. They may also be forced to forfeit the assets accumulated through their crimes.
Day ?nes
have been common for some time in Europe and South America, but they were not used in this country until the Richmond County (New York) Criminal Court implemented a pilot program in 1987.
based on the Staten Island experience, Winter?eld and Hillsman were able to draw several conclusions:
Day ?nes could be implemented in most mis-demeanor courts in the United States.
? On average, the amount of ?nes increased 25 percent under the day-?ne program, and total ?nes increased 14 percent.
? Despite the increased amount of ?nes, collec-tion rates were higher when day ?nes were imposed.
Day ?nes are ______ , monetary sanctions that account for each o?ender's ability to pay.
means-based penalties
intermediate sanctions
�punishments that are more severe than standard probation but less severe than imprisonment
Day ?nes, house arrest, and electronic monitoring are some of the most common _________
intermediate sanctions.
personal offense
aggravated assault, rape, or robbery
Convicted felons are more likely to be sentenced to prison if they are repeat ______ or if they have committed one very serious personal offense
property offenders
It is important to note that the _______ is the only Western nation that carries out capital punishment
United States
issues about the death penalty
morals/religious views
justice
economics
legal and constitutional
Fifth Amendment
that "no person shall be held to answer for a capital , or otherwise infamous crime, unless on a presentment or indictment of a grand jury . . . nor be deprived of life , liberty, or property, without due process of law
In Furman v. Georgia (1972), the Court struck down the death penalty as it was being administered in more than 30 states. Numerous reasons were given, but the ruling focused on two factors:
(1) juries had very broad discretion in deciding on the death penalty (not only for ?rst-degree murder but, in some states, for rape, armed robbery, and a variety of other o?enses); and (2) most states did not provide instructions concerning aggravating and mitigating circumstances.
In 1976, in _______ , the Court upheld the revised death penalty laws of Georgia and several other states.
Gregg v. Georgia
The revised laws departed from those that had existed before Furman in three major ways. First, the range of crimes punishable by death was severely narrowed�in most states to ?rst-degree murder only. Second, death penalty states began to use bifurcated h
...
bifurcated hearings : .
a trial to determine the defendant's innocence or guilt; then, if the defendant is found guilty, they hold a sentencing hearing to determine whether the death penalty should be imposed
In both the original trial and in the sentencing hearing, the jury's verdict must be ______. If the jury's decision is not unanimous about a death sentence, the court imposes life imprisonment (in some states without the possibility of parole).
unanimous
In 2010, the most common method of execution was_______(36 states), followed by electrocution (nine states), lethal gas (three states), hanging (three states), and ?ring squad (two states).
lethal injection
the average stay on death row for those inmates executed in 2010 was _________
14 years and 10 months
Second, the number of death row inmates has started to decline. During 2009, there were ______ fewer inmates on death row than there were at the end of 2009.
15
Third, historically a number of states allowed death sentences for youngsters below the age of _____, some as young as 14.
18
In 1989, the US Supreme Court established _____as the minimum age for imposing the death penalty (Stanford v. Kentucky)
16
in 2005, the Court established _____` as the minimum age for death sentences ( Roper v. Simmons 2005).
18
In 2010, for example, blacks made up _____percent of the death row population; they made up about 12 percent of the general population that year
42
Concurrent sentences
are two or more sentences imposed and then served at the same time
Consecutive sentences are two or more sentences imposed at the same time but served in sequence
...
Today, more than _____percent of the felony cases in the United States each year are negotiated to disposition.
90
The two most prevalent types of_______
overcharging are horizontal and vertical
Horizontal overcharging
is the practice of charging a defendant with every possible criminal charge related to an o?ense and then using the lesser charges as bargaining chips. Ultimately, the defendant pleads guilty to the most serious o?ense, and the others are dismissed as part of the plea bargain.
Vertical overcharging
is charging a suspect with more serious charges than can be proved in court, again to gain tactical advantage in negotiations with the defense. For example, the police may believe that an individual has committed second-degree murder, but the prosecutor charges the defendant with ?rst-degree murder. The prosecutor can then o?er to reduce the charge if the defendant agrees to plead guilty to that reduced charge. This tactic raises ethical questions about prosecutorial conduct
all the parties involved in the courtroom work group� judges, prosecutors, and defense attorneys�have a sense of what is a reasonable and fair sentence in a given case based on earlier cases and others call this the _____
going rate
indeterminate sentences
ranges of time rather than speci?c periods�to de?ne prison terms. So a statute might require a minimum of 2 years and a maximum of 5 years for a given o?ense
In most of the states that use indeterminate sentences, inmates become eligible for parole after they have served some fraction�say a ________�of their minimum sentence.
third or a half
determinate sentences
speci?c periods of con?nement in their laws
good-time credits :
time deducted from a prison sentence for good behavior. The "discount rate" for good-time credits di?ers from state to state.
In some states, it is as high as _____ percent� one day's credit for each day served�a rate that could halve the time inmates serve.
50
When the federal government changed to determinate sentencing in 1987, Congress set the maximum good-time rate for federal prisoners at 54 days a year, or a______ percent discount rate
15
Sentencing guidelines
prescribe the sentences judges must impose for certain crimes (based on the seriousness of the particular crime) and for certain o?enders (based on the individual's criminal history).
What is the purpose of Sentencing guidelines?
to limit the sentencing disparities that can occur from one o?ender to the next and from one judge to the next.
Sentencing guidelines are based on ________; they take determinate sentences to the next level of speci?cation.
determinate sentences
The prototype for sentencing guidelines comes from ________, the ?rst state in the country to develop guided sentences
Minnesota
presumptive sentences
sentences calculated using a method de?ned in the statutes
Under this scheme, only the crime and the defendant's criminal history are variables in the determination of "normal" sentences.
presumptive sentences
mandatory sentences
penalties required by law for those convicted of certain o?enses.
Mandatory sentences can take several forms. One of the most common is ______
mandatory incarceration
Example of mandatory incarceration
Tennessee sets mandatory prison sentences for what it calls Class X crimes �?rst- and second-degree murder, aggravated rape, armed robbery, and other serious o?enses. In addition, the law prohibits the dismissal or reduction of Class X charges without the trial judge's approval; the law also prohibits bail during an appeal and the use of suspended sentences or probation for Class X crimes
mandatory minimums
the least-severe penalties that can be imposed on o?enders convicted of commit-ting certain crimes.
example of mandatory minimums
instance, in 1974, Massachu-setts adopted the Bartley-Fox handgun law, which mandates a minimum 1-year jail term for anyone carrying a gun without a license
the most controversial form of mandatory sentencing stems from the so-called _______
three-strikes-and-you're-out legislation
three-strikes-and-you're-out legislation
These laws mandate very long prison sentences�as long as life�for o?enders found guilty of a third felony.
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Once a defendant has been found guilty, the judge typically delays sentencing until a ______ can be completed.
presentence investigation
presentence investigation
carried out by the probation department Once a defendant has been found guilty, entails a thorough examination of the defendant's life history, including family, employment, personal, and legal status
Jailhouse lawyers
are inmates who have developed an expertise at challenging their own convictions and those of other inmates (see, for example, J. Thomas 1988). Most are not attorneys, but they have studied the law and have learned how to write court documents. Through their expertise, these inmates have come to occupy a prominent role in prison society.
Johnson v. Avery (1969).
In that case, the Court held that inmates might be restricted but could not be prohibited from helping other inmates ?le appeals of their convictions or other legal documents
Bounds v. Smith
expanded prisoners' access to the courts, making law books and other legal materials available to them in the institution and allowing them to consult with attorneys or paralegals who specialize in inmate appeals.
Inmates traditionally have used two legal mechanisms for appealing the conditions of their con?nement or their convictions. For much of our history, the primary means of appeal has been the writ of______
habeas corpus
writ of habeas corpus
prisoners assert that they are being held unjustly and ask the court to require the state to justify the prisoners' conviction and incarceration.
access to the courts
is really a catchall phrase for lack of counsel or ine?ective representation by counsel.
Batson v. Kentucky (1986),
the petitioner, a black man, alleged that blacks had been systematically excluded from his trial jury. The Court ruled that using race as a basis for excluding a juror is unconstitutional and remanded the case for further action.
hat are issues raised by inmates on appeal ?
access to the courts.
Trial procedures.
state's failure to try the case in a timely manner.
judge's failure to instruct the jury properly
The Supreme Court has de?ned in very broad terms what constitutes a speedy trial;
60 to 360 days (Bureau of Justice Statistics 1988). If the time to trial exceeds the state's limits, many jurisdictions allow the trial court to dismiss all charges.
In general, the basis for an appeal is an______. That is, the judge must have made a mistake of some sort before or during the trial.
error in law
Of the convictions appealed, only a small percentage result in relief: Research from the late 1970s found that only about _____percent of state appeals in federal courts succeed
3
Legislative bodies
de?ne criminal behavior. They determine both the substantive law and procedural law. They distinguish felonies from misdemeanors and prescribe the appropriate punishments.
Sentencing choices
range from probation to ?nes, jail and prison sentences, and the death penalty.
Prison sentences may be _________and judges may impose them concurrently or consecutively.
indeterminate or determinate
O?enders can appeal their convictions on __________. The method of appeal chosen has implications for the most important form of relief.
writs of habeas corpus or through civil rights actions