5 Goals of Sentencing
Rehabilitation,Restitution,Retribution,Incapacitation,DeterenceIndeterminate sentence
Indeterminate Sentence
1-3 years
Determinate Sentence
A fixed period of incarceration imposed by a court
Mandatory Sentence
A sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of background or circumstances.
An example of a mandatory sentence
The Massachusetts gun law
Capital punishment
The ultimate sentence, the death penalty
Case law
A precedent is established when legal rules are produced by judges decisions
8
The number of justices on the U.S. Supreme Court
1
The number of U.S. Supreme Court Chief Justices
9
The total number of justices that sit on the U.S. Supreme Court
Baxter v. Palmigiano (1976)
An inmate has no right to counsel in a disciplinary hearing
Wolff v. McDonnell (1974)
The basic elements of procedural Due Process must be present when decisions are made concerning the disciplining of an inmate.
Vitek v. Jones (1980)
The involuntary transfer of a prisoner to a mental hospital requires a hearing and other minimal elements of Due Process such as notice and the availability of counsel.
Sandin v. Conner (1995)
Prison regulations do not violate Due Process unless they place atypical and significant hardships on a prisoner.
Rhodes v. Chapman (1981)
Double celling and crowding do not necessarily constitute cruel and unusual punishment.
Wilson v. Seiter (1991)
Prisoners must not only prove that prison conditions are objectively cruel and unusual but also show that they exist because of the deliberate indifference of officials.
Lanza v. New York (1962)
Conversations recorded in a jail visitor's room are not protected by the Fourth Amendment
U.S. v. Hitchcock (1972)
A warrantless search of a cell is not unreasonable and documentary evidence found there is not subject to suppression in court. It is not reasonable to expect a cell to have the same level of privacy as a home or auto.
Bell v. Wolfish (1979)
Strip searches including body cavities after contact visits, may be carried out when the need for such searches outweighs the personal rights invaded.
Hudson v. Palmer (1984)
Officials may search cells without a warrant and seize materials found there.
Procunier v. Martinez (1974)
Censorship of mail is permitted only to the extent necessary to maintain prison security.
Theriault v. Carlson (1977)
The First Amendment does not protect so-called religions that are obvious shams, that tend to mock established institutions, and whose members lack religious sincerity.
O'Lonev. Estate of Shabazz (1987)
The rights of Muslim prisoners are not violated when work makes it impossible for them to attend religious services if no alternative exists.
Clear and present danger
any threat to the safety or security of individuals that is so obvious and compelling that the need to counter it overrides the guarantees of the First Amendment.
Rational basis test
Requires that a regulation provide a reasonable rational metod of advancing a legitimate institutional goal.
Hands off policy
A judicial policy of noninterference concerning the internal administration of prisons.
Civil liability
Responsibility for the provision of monetary or other compensation awarded to a plaintiff in a civil action.
Habeas Corpus
A writ ( judicial order) asking a person holding another person to produce the prisoner and to give reasons to justify continued confinement.
Statutes
Law created by the peoples elected representatives in legislatures.
Sentencing guidelines
An instrument developed for judges that indicates the usual sanctions given previously for particular offenses.
Presentence report (Presentence investigation, PSI)
A report prepared by a probation officer who investigates a convicted offender's background to help the judge select an appropriate sentence.
Police, Courts and Corrections
The three major parts of the Criminal Justice system
General and Specific
The two types of Deterrence
Jail
Where someone arrested of a crime waits before trial
House of Correction
Up to a year or less
Prison
One year or more
The most common sentence given to a first time offender
Probation
Civil Rights Act of 1871 (Section 1983)
The basic elements of procedural due process must be present when decisions are made concerning the disciplining of an inmate.
Pretrial diversion
an alternative to adjudication in which the defendant agrees to conditions set by the prosecutor, in exchange for the withdrawal of charges.
Intermediate sanctions
A variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration.
1 year
the maximum amount of time a person can be sentenced to a House of Correction in NH.
Bail
An amount of money, specified by a judge, to be posted as a condition for pretrial release to ensure the appearance of the accused in court.
Absconders
People who fail to appear for a court date and have no legitimate reason.
John Augustus
Known as the first probation officer in Boston
Bondsman
An independent business person who provides bail money ( or a bond) for a fee, usually 5% or 10% of the total.
Boot camp
A physically rigorous, disciplined and demanding regimen emphasizing conditioning, education, and job training. Designed for young offenders.
Career criminal
A person who sees crime a a way of earning a living, has had numerous contacts with the CJ system over time, and views sanctions as a way of normal life.
Campus style
A design by which the functional units are individually housed in a complex of buildings surrounded by a fence.
Chain of command
Organizational positions in order of authority, from top to bottom.
Classification
A process by which prisoners are assigned to types of custody and treatment.
Correctional Officer (CO)
A person employed in a correctional facility.
Community Correctional Center
A small group living facility for offenders, especially those who have been recently released from prison.
Community corrections
A model of corrections based on the assuption that reintegrating the offender into the community should be the goal of the criminal justice system.
Community service
Compensation for injury to society, by the performance of service in the community.
Conditions of release
Restrictions on conduct that parolees must obey as a legally binding requirement of being released.
Congregate system
A penitentiary system designed in Auburn NY in which inmates were held in isolation at night, but worked with other prisoners during the day under a rule of silence.
Contract labor system
Inmates labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made saleable products in the institution.
Corporal punishment
Punishment inflicted on the offenders body with whips or other devices that cause pain.
Courtyard style
A design of a correctional facility which has four sides and a courtyard.
Custodial Model
A model of correctional institutions that emphasizes security, discipline and order.
Day reporting center
A facility where offenders report for daylong intervention and treatment sessions.
Delinquent
A child who has committed an act that if committed by an adult would be criminal
Depo-Provera
A chemical castration drug that eliminates sexual response in men
Direct supervision
A method of correctional supervision in which staff members have direct physical interaction with inmates throughout the day.
Electronic monitoring
Community supervision technique ordinarily combined with home confinement, that uses electronic devices to maintain surveillance of offenders.
Expiration release
The release of an inmate from incarceration without any further correctional supervision.
expungement
a legal process that results in the removal of a conviction from official records.
fee system
A system by which jail operations are funded by a set amount paid per day for each prisoner held.
GPS
A type of tracking system used by corrections that allows correction officials to know a persons location at all times
Good time
A reduction of an inmates sentence at the discretion of prison administrators for good behavior or participation in vocational, educational or treatment programs.
Home confinement
A sentence whereby an offender serves their term of incarceration in their own home.
Inmate code
A set of rules of conduct that reflect the values and norms of the prison social system and help define for inmates the image of the model prisoner.
Intensive supervision probation (ISP)
Probation granted under conditions of strict reporting to a probation officer with a limited caseload.
Lex talonis
law of retaliation, the principle that punishment should correspond in degree and kind to the offense, (an eye for an eye).
Lock up
A facility authorized to hold people before court appearance for up to 48 hours.
Long term prisoner
A prisoner serving a sentence usually longer than 10 years.
mandatory release
The required release of an inmate from incarceration to community supervision on the expiration of a certain period, as stipulated by a determinate sentencing law or parole guidelines.
Maximum security prison
A prison designed and organized to minimize the possibility of escapes and violence. Imposes strict limitations on the freedom of prisoners and visitors.
Medium security prison
A prison designed and organized to prevent escapes and violence, but in which restrictions on inmates and visitors are less rigid than a maximum security prison
Minimum security prison
A prison designed and organized to permit inmates and visitors as much freedom as is consistent with the concept of incarceration.
New generation jail
A facility with a podular architectural design and management policies that emphasizes interaction of inmates and staff and provision of services.
Pardon
An action of the executive branch of the State or Federal government excusing an offense and absolving the offender of the consequences of the crime.
Parens patrie
The role of the state as the guardian of a juvenile.
Parole
The conditional release of an inmate from incarceration, under supervision, after part of the prison sentence has been served.
Penitentiary
An institution intended to isolate prisoners from society and one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation.
Preventative detention
Detention of an accused person in jail, to protect the community from crimes the accused is likely to commit if set free pending trial.
Prisonization
The process by which a new inmate absorbs the customs of prison society and learns to adapt to the environment.
Recidivism
The return of a former correctional client to criminal behavior, as measured by new arrests or other problems with the law.
Recognizance
A formally recorded obligation to perform some act ( such as keep the peace,pay a debt, or appear in court when called) entered by a judge to permit an offender to live in the community, often on posting a sum of money as surety, which is forfeited by non
Reformatory
An institution for young offenders that emphasizes training, a mark system of classification, indeterminate sentences, and parole.
Release on Recognizance (ROR, PR)
Pretrial release because the judge believes the defendant's ties to the community are sufficient to guarantee the defendant's appearance in court. Personal Recognizance
Shock incarceration
A short period of incarceration, followed by a sentence reduction.
Shock probation
A sentence in which the offender is released after a short incarceration and resentenced to probation.
Situational offender
A person who in a particular set of circumstances has violated the law but who is not given to criminal behavior under normal circumstances and is unlikely to repeat the offense.
Victim impact statements
Given prior to sentencing, regarding the cost of the crime for the victim, including emotional and financial losses.
Status offenses
Offenses that are only against the law for juveniles, such as truancy, possession of cigarettes.
treatment conditions
Constraints imposed on some probationers to force them to deal with a significant problem or need, such as substance abuse.
Roper v. Simmons (2005)
Juveniles cannot face the death penalty.
Hall v. Florida (2014)
the Court narrowed the discretion under which U.S. states can designate an individual convicted of murder as too intellectually incapacitated to be executed.
Atkins v. Virginia (2002)
the Court ruled that executing mentally retarded individuals violates the Eighth Amendment's ban on cruel and unusual punishments, but states can define who is mentally retarded.