Chapter 7
Chapter 7
Explain how the Bill of Rights and democratically inspired legal restraints help protect our personal freedoms.
The United States Constitution guarantees certain rights to all citizens in the United States. Specifically, the Bill of Rights spells out some of the rights pertaining to arrest and search and seizure. It also provides for a system of checks and balances
Describe legal restraints on police action and instances of police abuse of power.
The 4th Amendment:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation
Describe the circumstances under which police officers may conduct searches or seize property legally.
Officers must have judicial approval for warrant. Four major exceptions to the warrant requirement are:
1)Searches incident to arrest
2)Searches where an individual knowingly agrees to allow the police to search for evidence
3): Searches which necessitate
Civil Remedies
-The general aim of civil remedies is to return the person who has suffered the injury or loss, the there original position.
-The results of a civil suit.
Criminal Remedies
-Formal criminal charges against the officer.
Non-Judicial Remedies
-Settlements out of court reached between the plaintiff and the defendant. Can be for an amount of money or conditions (such as the firing of an officer, retraining or change of policies and procedures).
Exclusionary Rule Remedies
-Not allowing evidence or testimony based on the violation.
-remedy for violation of D's IV, V, VI Amend. rights are civil suit, injunction, and administrative and criminal sanctions against the offending officer.
Define arrest and describe how popular depictions of the arrest process may not be consistent with legal understandings of the term.
-Arrest: the act of taking an adult or juvenile into physical custody, by authority of law, for the purpose of charging the person with a criminal offense, delinquent act, or a status offense, terminating with the recording of a specific offense.
-The cou
Describe the intelligence function, including the roles of police interrogation and the Miranda warning.
-Police have authority to interrogate a person after arrest.
-Miranda v. Arizona (1966)
Ruling:
"The entire aura and atmosphere of police interrogation without the notification of rights and an offer of assistance of counsel tends to subjugate the individ
Bill of rights
The popular name given to the first ten amendments to the U.S. Constitution, which are considered especially important in the processing of criminal defendants
landmark case
A precedent - setting court decision that produces substantial changes in both the understanding of the requirements of due process and in the practical day - to - day operations of the justice system.
illegally seized evidence
Evidence seized without regard to the principles of due process as described by the Bill of Rights. Most illegally seized evidence is the result of police searches conducted without a proper warrant or of improperly conducted interrogations.
exclusionary rule
A rule that provides that otherwise admissible evidence cannot be used in a criminal trial if it was the result of illegal police conduct
writ of certiorari
A common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case
fruit of the poisonous tree doctrine
Illegally obtained evidence must be excluded at trial, as must all evidence derived from the exploitation of that evidence.
good-faith exception
An exception to the Supreme Court exclusionary rule, holding that evidence seized on the basis of a mistakenly issued search warrant can be introduced at trial if the mistake was made in good faith, that is, if all the parties involved had reason at the t
probable cause
A set of facts and circumstances that would induce a reasonably intelligent and prudent person to believe that a particular other person has committed a specific crime. Also, reasonable grounds to make or believe an accusation. Probable cause refers to th
plain view
A legal term describing the ready visibility of objects that might be seized as evidence during a search by police in the absence of a search warrant specifying the seizure of those objects. To lawfully seize evidence in plain view, officers must have leg
emergency search
A search conducted by the police without a warrant, which is justified on the basis of some immediate and overriding need, such as public safety, the likely escape of a dangerous suspect, or the removal or destruction of evidence.
anticipatory warrant
A search warrant issued on the basis of probable cause to believe that evidence of a crime, while not currently at the place described, will likely be there when the warrant is executed.
arrest
The act of taking an adult or juvenile into physical custody by authority of law for the purpose of charging the person with a criminal offense, a delinquent act, or a status offense, terminating with the recording of a specific offense. technically, an a
search incident to an arrest
A warrantless search of an arrested individual conducted to ensure the safety of the arresting officer. Individuals under arrest may be in possession of weapons
reasonable suspicion
Specific articulable facts which, in light of an officer's experience and general knowledge, taken together with rational inferences from those facts, would reasonably warrant an intrusion on a citizen.
fleeting-targets exception
An exception to the exclusionary rule that permits law enforcement officers to search a motor vehicle based on probable cause but without a warrant. The fleeting - targets exception is predicated on the fact that vehicles can quickly leave the jurisdictio
compelling interest
a legal concept that provides a basis for suspicionless searches when public safety is at issue. In two cases, the U.S. Supreme Court held that public safety may sometimes provide a sufficiently compelling interest to justify limiting an individual's righ
suspicionless search
A search conducted by law enforcement personnel without a warrant and without suspicion. Suspicionless searches are permissible only if based on an overriding concern for public safety.
interrogation
The information-gathering activity of police officers that involves the direct questioning of suspects
inherent coercion
The tactics used by police interviewers that fall short of physical abuse but that nonetheless pressure suspects to divulge information.
psychological manipulation
Manipulative actions by police interviewers that are designed to pressure suspects to divulge information and that are based on subtle forms of intimidation and control.
Miranda warnings
A series of statements informing criminal suspects, on their arrest, of their constitutional rights, such as the right to remain silent and the right to counsel: required by Supreme Court's 1966 decision in Miranda v. Arizona
Miranda triggers
The dual principles of custody and interrogation, both of which are necessary before an advisement of rights is required.
Electronic Communications privacy Act
A law passed by Congress in 1986 establishing the due process requirements that law enforcement officers must meet in order to legally intercept wire communications
sneak and peek search
A search that occurs in the suspect's absence and without his or her prior knowledge.
electronic evidence
Information and data of investigative value that are stored in or transmitted by an electronic device.
latent evidence
Evidence of relevance to a criminal investigation that is not readily seen by the unaided eye.
digital criminal forensics
The lawful seizure, acquisition, analysis, reporting, and safeguarding of date from digital devices that may contain information of evidentiary value to the trier of fact in criminal events.
Chapter 8
Chapter 8
Summarize the Law Enforcement Code of Ethics and Police Subculture.
The set of informal values which characterize the police force as a distinct community with a common identity.
Influence of "informalization" plays a larger role than the academy new officers are "socialized" by the veteran officers.
Socialization is an o
Describe different types of police corruption and possible methods for building police integrity.
-Physical abuse of suspects, including torture and non-justifiable homicide
-Routine schemes to circumvent constitutional guarantees of due process, such as planting evidence
-Resale of confiscated drugs, stolen property, etc.
-Burglary, theft, etc., comm
Describe the dangers, conflicts, challenges, and sources of stress that police officers face in their work.
Police and Alcohol: Stress and the police subculture may exert a powerful influence on drinking patterns.
Family Problems and the Police: The individual police officer is not the only one affected by stress. Family members often experience stress, as well
Summarize the guidelines for using force and for determining when excessive force has been used.
Police use of force can be defined as the use of physical restraint by a police officer when dealing with a member of the public. Officers are only justified in using the amount of force that is reasonable to them and necessary given the circumstances to
Describe racial profiling and biased policing, including why they have become significant issues in policing.
When police officers act on a person's race, ethnicity or national origin instead of the person's actions or information that identifies the person as a suspect. For example, stopping a person who is a certain race for being in a certain neighborhood. Tar
Summarize the civil, criminal, and non-judicial remedies available to individuals who believe their rights have been violated.
Civil Remedies: The results of a civil suit.
Criminal Remedies: Formal criminal charges against the officer.
Non-judicial Remedies: Settlements out of court reached between the plaintiff and the defendant. Can be for an amount of money or conditions (such
Describe civil liability issues associated with policing, including common sources of civil suits against the police.
-Civil Liability: Potential responsibility for payment of damages or other court-ordered enforcement as a result of a ruling in a lawsuit. It is not the same as criminal liability. There are two types of liability: federal and state suits.
-Most common so
police working personality
All aspects of the traditional values and patterns of behavior evidenced by police officers who have been effectively socialized into the police subculture. Characteristics of the police personality often extend to the personal lives of law enforcement pe
police corruption
The abuse of police authority for personal or organizational gain
Knapp Commission
A committee that investigated police corruption in New York City in the early 1970's.
internal affairs
The branch of a police organization tasked with investigating charges of wrongdoing involving members of the department.
biological weapon
A biological agent used to threaten human life (for example, anthrax, small pox, or any infectious disease)
police use of force
The use of physical restraint by a police officer when dealing with a member of the public.
excessive force
the application of an amount or frequency of force greater than that required to compel compliance from a willing or unwilling subject.
problem police officer
A law enforcement officer who exhibits problem behavior, as indicated by high rates of citizen complaints and use-of-force incidents and by other evidence.
deadly force
Force likely to cause death or serious bodily injury
less-lethal weapon
A weapon that is designed to disable, capture, or immobilize - but not kill - a suspect. Occasional deaths do result from the use of such weapons, however
racial profiling
Any police-initiated action that relies on the race, ethnicity, or national origin, rather than 1) the behavior of an individual, or 2)... information that leads the police to a particular individual who has been identified as being, or having been, engag
civil liability
Potential responsibility for payment of damages or other court - ordered enforcement as a result of a ruling in a lawsuit. Civil liability is not the same as criminal liability, which means "open to punishment for a crime.
1983 lawsuit
A civil suit brough under Title 42, Section 1983, of the U.S. Code against anyone who denies others their constitutional right to life, liberty, or property without due process of law.
Bivens action
A civil suit, based on the case of Bivens v. Six Unknown Federal Agents, brought against federal government officials for denying the constitutional rights of others.
Chapter 9
Chapter 9
Summarize the development of American courts, including the concept of the dual-court system.
-Article III of the U.S. Constitution established the federal judiciary and its jurisdiction.
-Two types of court systems in America: the federal court system and the state court system. This is referred to a dual-court system. The founding fathers of the
Describe a typical state court system, including some of the differences between the state and federal court systems.
-Trial Courts (also called "lower courts"): This is where the cases begin and are heard. This court also imposes sentences. If a trial is appealed and a new trial is ordered, this is referred to as trial de novo.
State Appellate Courts: This is where indi
Describe the structure of the federal court system, including the various types of federal courts.
-It goes: Supreme Court of the United States
|
United States Courts of Appeals
|
(basic federal trial courts) (United States Tax Court)
-----------------------------------------------------
(or)
Supreme Court of the United States
|
United States Courts
Identify all typical job titles of the courtroom work group members.
-Prosecution, defense counsel and judges must work cooperatively to achieve the common goal of case resolution.
-Courtroom workgroup also includes:
1)Clerks: Maintain all records, prepares jury pools, issues subpoenas for prosecution and the defense and m
Describe the roles of professional members of the courtroom work group.
-Courtroom work group is the group of professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.
-Federal Judges
Nominated by President
Confirmed by Senate
-
Describe the roles of outsiders, or nonprofessional courtroom participants.
-A lay witness is an eyewitness, character witness, or other person called on to testify who is not considered an expert. The job of a witness is to provide accurate testimony concerning only those things of which he or she has direct knowledge. Lay witne
federal court system
1) U.S. district courts (trial courts of general jurisdictions) and various courts of limited jurisdictions, 2) U.S. courts of appeals (intermediate courts of appeals), and 3) the United States Supreme Court
state court system
A state judicial structure. Most states have at least three court levels: trial courts, appellate courts, and a state supreme court.
jurisdiction
An area of authority or control; the right to administer justice.
original jurisdiction
the lawful authority of a court to hear or act on a case from its beginning and to pass judgment on the law and the facts. The authority may be over a specific geographic area or over particular types of cases.
appellate jurisdiction
Authority of court to review a decision of a lower court or administrative agency.
trial de novo
Literally "new trial," applied to cases that are retried on appeal as opposed to those that are simply reviewed on record.
court of last resort
The court authorized by law to hear the final appeal on a matter.
appeal
(law) a legal proceeding in which the appellant resorts to a higher court for the purpose of obtaining a review of a lower court decision and a reversal of the lower court's judgment or the granting of a new trial
state court administrator
A coordinator who assists with case-flow management, operating funds budgeting, and court docket administration.
dispute-resolution center
An informal hearing place designed to mediate interpersonal disputes without resorting to the more formal arrangements of a criminal trial court.
community court
a low-level court that focuses on quality-of-life crimes that erode a neighborhood's morale, that emphasizes problem solving rather than punishment, and that builds on restorative principles such as community service and restitution.
judicial review
Power of the courts to review acts of other branches of government and the states
courtroom work group
The professional courtroom actors, including judges, prosecuting attorneys, defense attorneys, public defenders, and others who earn a living serving the court.
judge
An elected or appointed public official with authority to hear and decide cases in a court of law.
prosecutor
An attorney whose official duty is to conduct criminal proceedings on behalf of the state or the people against those accused of having committed criminal offenses.
prosecutorial discretion
The decision-making power of prosecutors, based on the wide range of choices available to them, in the handling of criminal defendants, the scheduling of cases for trial, the acceptance of negotiated pleas, and so on. The most important form of prosecutor
exculpatory evidence
any information having a tendency to clear a person of guilt or blame
defense counsel
A licensed trial lawyer hired or appointed to conduct the legal defense of a person accused of a crime and to represent him or her before a court of law.
public defender
An attorney employed by the government to represent criminal defenders who cannot afford to pay for a lawyer.
bailiff
A court officer who has charge of a court session in the matter of keeping order and has custody of the jury.
expert witness
A person who has special knowledge and skills recoginzed by the courts as relevant to the determination of guilt or innocence. Unlike lay witnesses, expert witnesses may express opinions or draw conculsions in their testimony
lay witness
an eyewitness, character witness, or other person called to testify who is not considered an expert(must testify to facts only and may not draw conclusions or express opinions
subpoena
a court order requiring appearance and/or testimony
victims' assistance program
An organized program that offers services to victims of crime in the areas of crisis intervention and follow-up counseling and that helps victims secure their rights under the law.
juror
A member of a trial or grand jury who has been selected for jury duty and is reuiqred to serve as an arbiter of the facts in a court of law. Jurors are expected to render verdicts of "guilty" or "not guilty" as to the charges brought against the accused,
change of venue
A change of venue is a legal term that means that a case before a court will be heard in another jurisdiction versus the one where the said crime took place. This is done when there is a reason to think that a defendant will not receive a fair trial, for
Chapter 10
Chapter 10
Describe the pretrial steps and activities.
-First Appearance: Also called an initial appearance, is the first contact with an officer of the court. They are given a formal notice of the charges against them, to be advised of their rights, to be given the opportunity to retain a lawyer or to have o
State the purpose of the criminal trial.
The main purpose of the criminal trial is the determination of the defendant's innocence or guilt.
Describe the criminal trial process.
Pretrial activities>Trial Initiation>Jury Selection>Opening Statements>Presentation of Evidence>Closing Arguments>Judge's Charge to the Jury>Jury Deliberation>Verdicts>To sentencing or release
Describe three approaches to improving the adjudication process.
Improving the adjudication process:
1)Unifying courts: merging courts which have overlapping jurisdictions
2)Court Watch Citizens Groups: monitor the trial court level and report on inadequacies and problems
3)Statistical measure of court performance: exa
first appearance
An appearance before a magistrate during which the legality of the defendant's arrest is initially assessed and the defendant is informed of the charges on which he or she is being held. At this stage in the criminal justice process, bail may be set or pr
pretrial release
The release of an accused person from custody, for all or part of the time before or during prosecution, on his or her promise to appear in court when required.
bail bond
A document guaranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he or she does not appear, which is signed by the person to be released and anyone else acting on his or he
release on recognizance
The pretrial release of a criminal defendant on his or her written promise to appear in court as required. No cash or property bond is required.
property bond
The setting of bail in the form of land, houses, stocks, or other tangible property. In the event that the defendant absconds before trial, the bond becomes the property of the court.
conditional release
The release by executive decision of a prisoner from a federal or state correctional facility who has not served his or her full sentence and whose freedom is contingent on obeying specified rules of behavior.
danger law
A law intended to prevent the pretrial release of criminal defendants judged to represent a danger to others in the community.
competent to stand trial
A finding by a court, when the defendant's sanity at the time of trial is at issue, that the defendant has sufficient present ability to consult with his or her attorney with a reasonable degree of rational understanding and that the defendant has a ratio
plea
In criminal proceedings, the defendant's formal answer in court to the charge contained in a complaint, information, or indictment that he or she is guilty of the offense charged, is not guilty of the offense charged, or does not contest the charge.
nolo contendere
(law) an answer of 'no contest' by a defendant who does not admit guilt but that subjects him to conviction
plea bargaining
The process of negotiating an agreement among the defendant, the prosecutor, and the court as to an appropriate plea and associated sentence in a given case. Plea bargaining circumvents the trial process and dramatically reduces the time required for the
rules of evidence
Court rules that govern the admissibility of evidence at criminal hearings and trials.
adversarial system
The 2 sided structure under which American criminal trial courts operate that pits the prosecution against the defense.
speedy trial act
A 1974 federal law requiring that proceedings against a defendant in a federal criminal case begin within a specified period of time, such as 70 working days after indictment. Some states also have these requirements.
peremptory challenge
The right to challenge a juror without assigning a reason for the challenge. Usually to eliminate a juror that although they don't show any direct and obvious bias, are thought to be capable of swaying the jury in an undesirable direction
jury selection
The process whereby, according to law and precedent, members of a particular trial jury are chosen.
scientific jury selection
The use of correlational techniques from the social sciences to gauge the likelihood that potential jurors will vote for conviction or for acquittal
sequestered jury
A jury that is isolated form the public during the course of a trial and throughout the deliberation process.
opening statement
The initial statement of each attorney made in court to a judge and/or jury describing the facts that he or she intends to present during the trial in order to prove his/her case.
evidence
Anything useful to a judge or jury in deciding the facts of a case. Evidence may take the form of witness testimony, written documents, videotapes, media, photographs, etc
direct evidence
Evidence that, if believed, directly proves a fact. Eyewitness testimony and videotaped documentation account for the majority of all direct evidence. heard in the criminal courtroom
circumstantial evidence
Evidence of one fact from which another fact can be inferred. Even though it can be admissible, circumstantial evidence is less persuasive than direct evidence.
real evidence
Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury.
probative value
The degree to which a particular item of evidence is useful in, and relevant to, proving something important in a trial
testimony
Evidence presented orally by witnesses during trials or before grand juries.
perjury
Deliberately making a statement contrary to the truth or withholding the truth under oath
hearsay
Statements by a witness who did not see or hear the incident in question, but heard about it from someone else. Hearsay usually can't be used as evidence in court. Nghe no�i la�i.
hearsay rule
The long-standing precedent that hearsay cannot be used in American courtrooms. Rather than accepting testimony based on hearsay, the court will ask that the person who was the original source of the hearsay information be brought in to be questioned and
closing argument
An oral summation of a case presented to a judge, or to a judge and jury, by the prosecution or by the defense in a criminal trial.
reasonable doubt
The standard used by a jury to decide if the prosecution has provided enough evidence for conviction
reasonable doubt standard
the standard of proof necessary for a conviction in criminal trials; the highest possible standard
verdict
(law) the findings of a jury on issues of fact submitted to it for decision
Chapter 11
Chapter 11
Describe the five goals of contemporary criminal sentencing.
Retribution
Rehabilitation
Deterrence
Incapacitation
Restoration
Define indeterminate sentencing, including its purpose.
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences
Describe the structured sentencing models in use today.
1)Determinate sentencing: A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would b
Describe alternative sentences, fines, diversion, and offender registries.
There are numerous creative and innovative alternates to sentencing. Listed below are several examples:
-Diversion: Official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, bu
Explain the purpose of pre-sentence investigations, pre-sentence investigation reports, and pre-sentencing hearings.
-Presentence Investigation (PSI): The examination of a convicted offender's background prior to sentencing. Presentence examinations are generally conducted by probation or parole officers and are submitted to sentencing authorities.
- Presentence Investi
Describe the history of victims' rights and services, including the growing role of the victim in criminal justice proceedings today.
-A movement in the 1970s occurred to help bring to focus the victim leads to changes in victim's rights and services.
-In 1982, the President's Task Force on Victims of Crime created expanded victims assistance programs. Individual states followed the fed
List the four traditional sentencing options.
1)Fines
2)Probation
3)Imprisonment
4)Death
State the arguments for and against capital punishment.
Arguments for Retention
-Revenge: Only after execution can survivors begin to heal psychologically.
-Just desserts: Some people deserve to die for what they did.
-Protection: Once executed, the person cannot commit another crime.
Arguments for Abolition
-
sentencing
Imposition of a criminal sanction by a judicial authority
retribution
An act of taking revenge on a criminal perpetrator
just deserts
a model of criminal sentencing that holds that criminal offenders deserve the punishment they receive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed.
incapacitation
Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison.
deterrence
A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.
specific deterrence
A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality.
general deterrence
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced.
rehabilitation
A program for reforming the offender to prevent later offenses
restoration
a goal of criminal sentencing that attempts to make the victim "whole again
restorative justice
A sentencing model that builds on restitution and community participation in an attempt to make the victim "whole again.
indeterminate sentencing
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences.
gain time
the amount of time deducted from time to be served in prison on a given sentence as a consequence of participation in special projects or programs.
good time
The amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior.
proportionality
A sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed.
equity
A condition in which people receive from a relationship in proportion to what they give to it.
social debt
A sentencing principle that holds that an offender's criminal history should objectively be taken into account in sentencing decisions.
structured sentencing
A model of criminal punishment that includes determinate and commission-created presumptive sentencing schemes, as well as voluntary/advisory sentencing guidelines.
determinate sentencing
A model of criminal punishment in which an offender is given a fixed term that may be reduced by good time or gain time. Under the model, for example, all offenders convicted of the same degree of burglary would be sentenced to the same length of time beh
voluntary/advisory sentencing guidelines
Recommend sentencing policies that are not required by law
presumptive sentencing
A model of criminal punishment that meets the following conditions: 1) The appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authorized by sentencing guidelines that are adopted by a legisl
aggravating circumstances
Circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
mitigating circumstances
Circumstances relating to the commission of a crime that may be considered to reduce the blameworthiness of the defendant.
truth in sentencing
A close correspondence between the sentence imposed on an offender and the time actually served in prison.
mandatory sentencing diversion
Statutorily determined punishments that must be applied to those who are convicted of specific crimes.
diversion
The official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgement, and referral of that person to a treatment or care program administered by
alternative sentencing
The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming, or intensive supervision in lieu of other, more traditional sanctions, such as imprisonment and fines.
presentence investigation
The examination of a convicted offender's background prior to sentencing. Presentence examinations are generally conducted by probation or parole officers and are submitted to sentencing authorities.
victim-impact statement
An in-court statement made by the victim or by survivors to sentencing authorities seeking to make an informed sentencing decision
capital punishment
Death Penalty
capital offense
crime punishable by death
writ of habeas corpus
A court order that requires police to bring a prisoner to court to explain why they are holding the person
Chapter 15
Chapter 15
Describe how the juvenile justice system has evolved in the Western world.
1)Historical development centers on philosophy that juvenile conduct was a product of parental control.
2)The concept of Parens Patriae developed.
3)1899: Establishment of the first juvenile court in the US
4)1920: Every state had established some form of
Describe seven important U.S. Supreme Court decisions relating to juvenile justice, including their
impact on the handling of juveniles by the system.
-Kent v. United States (1966)
-In re Gault (1967)
-In re Winship (1970)
-McKeiver v. Pennsylvania (1971)
-Breed v. Jones (1975)
-Schall v. Martin (1984)
-Roper v. Simmons (2005)
-Graham v. Florida (2010)
Compare juvenile and adult legal rights and their respective systems of justice.
Juvenile System
-Focuses on delinquency
-Limits rights of juveniles against unreasonable searches
-Provides rights against self-incrimination
-Focuses on interests of the child
-Has a helping context
-Petitions or complaints legitimize apprehension
-Provi
Briefly describe possible future directions in juvenile justice.
Violence Against Children: A movement to protect children from violence in the home and in school. Many new laws are being passed in response to public demand for increased responsibility among adolescents who commit violence against other kids.
Sexual Ex
According to the OJJDP violent crime by juveniles is decreasing while the number of juveniles held in public facilities has increased sharply.
True/False
true
The first juvenile court system that was separate in function from adult court was established in 1899 in:
Illinois
Massachusetts
New York
Colorado
Illinois
Kent v. United States (1966)
Courts must provide the "essentials of due process" in juvenile proceedings.
In re Gault (1967)
In hearings that could result in commitment to an institution juveniles have four basic rights: notice of charges, right to counsel, right to confront and cross examine witnesses, and protection against self-incrimination.
In re Winship (1970)
The state must prove the case beyond a reasonable doubt. Prior to this ruling, the standard was a preponderance of evidence.
McKeiver v. Pennsylvania (1971)
Jury trials are not required or prohibited in juvenile cases.
Breed v. Jones (1975)
Limited the situations where juveniles can be transferred to the adult courts.
Schall v. Martin (1984)
The Court overturned lower court decisions banning the pretrial detention of juveniles, and held that such detention may be necessary for the protection of the child and of others.
Roper v. Simmons (2005): The U.S. Supreme Court ruled that age is a bar to
Roper v. Simmons (2005)
The U.S. Supreme Court ruled that age is a bar to execution when the offender commits a capital crime when he is younger than age 18.
Graham v. Florida (2010)
The Eighth Amendment's ban on cruel and unusual punishments prohibits the imprisonment of a juvenile for life without the possibility of parole as punishment for a crime not involving homicide.
juvenile justice system
the system separate from the criminal justice system that deals with persons under 18 accused of committing crimes. Intended to rehabilitate rather than punish
delinquency
Juvenile actions or conduct in violation of criminal law, juvenile status offenses, and other juvenile misbehavior.
Parens Patriae
-A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide.
delinquent child
Minor, under a certain age (usually sixteen, seventeen, or eighteen), who has committed an act that would be a crime if done by an adult.
undisciplined child
A child who is beyond parental control, as evidenced by his or her refusal to obey legitimate authorities, such as school officials and teachers.
dependent child
a child who has no parent or guardian or whose parents cannot give proper care
neglected child
A child who is not receiving the proper level of physical or psychological care from his or her parents or guardians or who has been placed up for adoption in violation of the law
abused child
A child who has been physically or mentally abused. Most states also consider a child who is forced into delinquent activity by a parent or guardian to be abused.
status offender
A child who is accused or convicted for conduct that would not, under state law, be a crime if committed by an adult, including: truancy, running away from home, failure to attend school, violation of a juvenile curfew ordinance, a violation of a provisio
status offense
a violation of the law that pertains to minors but not adults
juvenile petition
A document filed in juvenile court alleging that juvenile is delinquent, a status offender, or a dependent and asking that the court assume jurisdiction over the juvenile or that an alleged delinquent be transferred to a criminal court for prosecution as
intake
the first step in decision making regarding a juvenile whose behavior or alleged behavior is in violation of the law or could otherwise cause juvenile court to assume jurisdiction
adjudicatory hearing
The fact-finding process by which the juvenile court determines whether there is sufficient evidence to sustain the allegations in a petition.
teen court
An alternative approach to juvenile justice in which alleged offenders are judged and sentenced by a jury of their peers
dispositional hearing
The final stage in the processing of adjudicated juveniles in which a decision is made on the form of treatment or penalty that should be imposed on the child.
juvenile disposition
The decision of a juvenile court, concluding a dispositional hearing, that an adjudicated juvenile be committed to a juvenile correctional facility; be placed in a juvenile residence, shelter, or care or treatment program; be required to meet certain stan
blended sentence
a juvenile court disposition that imposes both a juvenile sanction and an an adult criminal sentence on an adjudicated delinquent. the adult sentence is suspended on the condition that the juvenile offender successfully completes their term of the juvenil
Chapter 12
chapter 12
Describe the history, purpose, and characteristics of probation.
John Augustus "Father of Probation" (1841)
-Local Boston business man who witnessed the injustices of the criminal justice system.
-Used personal finances to oversee many individuals on certain conditions to avoid jail time.
-In 1878, Massachusetts became
Describe the history, purpose, and characteristics of parole.
1910: Parole at federal level began after legislation passed.
Parole is the supervised early release of inmates from correctional confinement.
Violation of conditions can result in the offender having their parole revoked and being returned to prison.
Whi
Compare the advantages and disadvantages of probation and parole.
Advantages of probation and parole:
Lower cost; cheaper than incarceration.
Increased employment; offenders are able to work (keep a job) and stay in the community.
Offenders who are released are able to contribute to the "free" economy when employed outs
Identify significant court cases affecting probation and parole.
Escoe v. Zerbst (1935): Probation "comes as an act of grace to one convicted of a crime" and the revocation of probation without hearing or notice to the probationer is permissible.
Mempa v. Rhay (1967): Both notice and a hearing are required before proba
Compare and contrast the work of probation officers and parole officers.
Probation and parole officers are case workers with law enforcement powers who supervise convicted offenders in the community.
Similar roles of probation/parole officers:
-Pre-sentence investigations
-Other intake procedures
-Diagnosis and needs assessmen
Describe various intermediate sanctions.
The use of split sentencing, shock probation or parole, shock incarceration, community service, intensive supervision, or home confinement in lieu of other, more traditional, sanctions such as imprisonment and fines.
Describe the likely future of probation and parole.
Release: Good time credit.
Maxing Out: Many jurisdictions have reached prison capacity causing overcrowding in the system.
Temporary Release
Work Release: Released to work and then return to prison.
Study Release: Released to attend school and then go bac
The utilization of education, training and counseling would most match which goal of sentencing?
Retribution
Incapacitation
Rehabilitation
None of the above
Rehabilitation
Which of the following is a sentencing principle that holds that similar crimes should be punished with the same degree of severity, regardless of the social or personal characteristics of the offenders?
Truth in Sentencing
Social Debt
Proportionality
Equity
Escoe v. Zerbst (1935)
Probation "comes as an act of grace to one convicted of a crime" and the revocation of probation without hearing or notice to the probationer is permissible.
Mempa v. Rhay (1967)
Both notice and a hearing are required before probation revocation, and the probationer should have the opportunity for representation by counsel before a deferred prison sentence is imposed.
Morrissey v. Brewer (1972)
Procedural safeguards are necessary in revocation hearings involving parolee. Those include written notice of violation, disclosure of evidence against an offender, the chance to be heard in person and the opportunity to present witnesses and evidence, th
Gagnon v. Scarpelli (1973)
The safeguards of the Morrissey case were extended to probation.
Griffin v. Wisconsin (1987)
Grated probation officers to search a probationer's home without a warrant or probable cause.
Pennsylvania Board of Probation and Parole v. Scott (1998)
The exclusionary rule does not apply to searches by parole officers, even where such searches yield evidence of parole violations.
Split sentencing
A sentence explicitly requiring the convicted offender to serve a period of confinement in a local, state, or federal facility, followed by a period of probation.
Shock probation/parole
The practice of sentencing offenders to prison, allowing them to apply for probationary release, and surprisingly permitting such release. offenders who receive shock probation may not be aware that they will be released on probation and may expect to spe
Shock incarceration
A sentencing option that makes use of "boot camp"-type prisons to impress on convicted offenders the realities of prison life.
community corrections
the use of a variety of officially ordered program based sanctions that permit convicted offenders to remain in the community under conditional supervision.
probation
A sentence allowing the offender to serve the sanctions imposed by the court while living in the community under supervision. Also, the agency that supervises the community adjustment of people who are convicted of crimes but are not sentenced to confinem
probation revocation
A court order taking away a convicted offender's probationary status and usually withdrawing the conditional freedom associated with that status in response to a violation of the conditions of probation.
parole
(law) a conditional release from imprisonment that entitiles the person to serve the remainder of the sentence outside the prison as long as the terms of release are complied with
reentry
the managed return to the community of an individual released from prison. Also, the successful transitioning of a released inmate back into the community.
parole board
a state paroling authority. Most states have parole boards that decide when an incarcerated offender is ready for conditional release. Some boards also function as revocation hearing panels.
discretionary release
the release of an inmate from prison to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and the penal law
medical parole
An early release option under which an inmate who is deemed "low risk" due to serious physical or mental health condition is released from prison earlier than he or she might have been under normal circumstances.
mandatory release
Release based on earned good time or other statutory sentence-reduction measures; usually does not depend on the discretionary decision of a patrol board.
parole violation
An act or failure to act by a parolee that does not conform to the conditions of parole
conditions of parole
the general and special limits imposed on an offender who is released on parole. General conditions tend to be fixed by state statute. Whereas special conditions are mandated by the sentencing authority and take into consideration the background of the of
parole revocation
the administrative action of a paroling authority removing a person from parole status in response to a violation of lawfully required conditions of parole, including the prohibition against committing a new offense, and usually resulting in a return to p
restitution
(n.) the act of restoring someone or something to the rightful owner or to a former state or position; making good on a loss or damage
revocation hearing
A hearing held before a legally constituted hearing body to determine whether a parolee or probationer has violated the conditions and requirements of his or her parole or probation.
caseload
the number of probation or parole clients assigned to one probation or parole officer for supervision
mixed sentence
a sentence that requires that a convicted offender serve weekends in a confinement facility while undergoing probationary supervision in the community
community service
A sentencing alternative that requires offenders to spend at least part of their time working for a community agency
intensive probation supervision
a form of probation supervision involving frequent face-to-face contact between probationer and the probation officer.
home confinement
House arrest. Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement. Absence from the home during working hours is often permitted.
remote location monitoring
A supervision strategy that uses electronic technology to track offenders who have been sentenced to house arrest or who have been ordered to limit their movements while completing a sentence involving probation or parole.
Chapter 13
Chapter 13
Describe the history of punishment, concluding with its impact on the modern philosophy of corrections.
-Lex talionis: From Hammurabi's Code, about 210 B.C.E. It is concept of retaliation. An offender who was convicted was sentenced to suffer a punishment that closely approximated the original injury. Some also refer to this as "an eye for an eye."
-Floggin
List major milestones in the historical development of prisons.
The Pennsylvania System (1790): A form of imprisonment developed by the Pennsylvania Quakers around 1790 as an alternative to corporal punishments.
Focused on repentance through solitary confinement and encouraged rehabilitation.
Emphasized rehabilitation
Describe the purpose and major characteristics of today's prisons.
One high-security prison for long-term, high-risk offenders.
One or more medium-security institution for offenders who are not high risk.
One institution for adult women.
One or two institutions for young adults (generally under the age of 25).
One or mor
Summarize the role jails currently play in American corrections and issues jail administrators face.
Among the current uses for jails:
-Receive individuals pending arraignment and those awaiting trial, conviction, or sentencing.
-Detain juveniles, mentally ill, and others pending transfer.
-Release convicted inmates to the community upon completion of th
Describe the current and likely future roles of private prisons.
Privatization: The movement toward the wider use of private prisons.
State-run prison systems have always contracted with private industries for food, psychological testing, training, and recreational and other services, and it is estimated that more than
prison
A state or federal confinement facility that has custodial authority over adults sentenced to confinement.
lex talionis
Law of retribution "an eye for an eye
workhouse
an early form of imprisonment whose purpose was to instill habits of industry in the idle.
Pennsylvania system
A form of imprisonment developed by the Pennsylvania Quakers around 1790 as an alternative to corporal punishments. This style of imprisonment made use of solitary confinement and encouraged rehabilitation.
Auburn system
A form of imprisonment developed in New York State around 1820 that depended on mass prisons, where prisoners were held in congregate fashion and required to remain silent. This style of imprisonment was a primary competitor with the Pennsylvania system.
reformatory style
A late-nineteenth-century correctional model based on the use of the indeterminate sentence and the belief in the possibility of rehabilitation, especially for youthful offenders.
industrial prison
A correctional model intended to capitalize on the labor of convicts sentenced to confinement.
state-use system
A form of inmate labor in which items produced by inmates may be sold by or to only state offices. Items that only the state can sell include such things as license plates and hunting licenses, while items sold only to state offices include furniture and
Ashurst-Sumners act
Federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison-made goods.
medical model
A theraputic perspective on correctional treatment that applies the diagnostic perspective of medical science to the handling of criminal offenders
work release
A prison program through which inmates are temporarily released into the community to meet job responsibilities.
warehousing
An imprisonment strategy that is based on the desire to prevent recurrent crime and that has abandoned all hope of rehabilitation.
nothing-works doctrine
The belief, popularized by Robert Martinson in the 1970s, that correctional treatment programs have had little success in rehabilitating offenders.
justice model
A contemporary model of imprisonment based on the principle of just deserts.
prison capacity
The size of the correctional population an institution can effectively hold. There are three types of prison capacity: rated, operational, and design.
rated capacity
Number of inmates a prison can handle according to experts
operational capacity
The number of inmates a prison can effectively accommodate based on management considerations
design capacity
the number of inmates a prison was intended to hold when it was built or modified.
classification system
a system used by prison administrators to assign inmates to custody levels based on offense history, assessed dangerousness, perceived risk of escape, and other factors.
ADMAX
Administrative maximum. The term is used by the federal government to denote ultra-high-security prisons.
jail
A confinement facility administered by an agency of local government, typically a law enforcement agency, intended for adults, and sometimes containing juveniles, which holds people contained pending a adjudication or a committed after adjudication senten
direct-supervision jail
A temporary confinement facility that eliminates many of the traditional barriers between inmates and correctional staff. Physical barriers in direct-supervision jails are far less common than in traditional jails, allowing staff members the opportunity f
regional jail
a jail that is built and run using the combined resources of a variety of local jurisdictions
privatization
the movement toward the wider use of private prisons
private prison
A correctional institution operated by a private firm on behalf of a local or state government.
Chapter 16
Chapter 16
Parens Patriae is a common law that established the right of the court to take over the role of parent when necessary.
True/False
True
According to the OJJDP violent crime by juveniles is decreasing while the number of juveniles held in public facilities has increased sharply.
True/False
true
Status offenses are a special category of law designed for juveniles only. Which of the following is an example of a status offense?
Gang affiliation
Running away
Breaking into a school
None of the above is a status offense
Running away
Which landmark juvenile case restricted the conditions under which transfers from juvenile to adult courts may occur, thus preventing juveniles from being charged in both courts for the same offense?
Breed v. Jones
Explain the nature of illegal drugs and the role social convention plays in deciding what constitutes
an illegal drug.
Illicit drug use that results in social, economic, psychological, or legal problems for the user. Drug abuse has many consequences including lost productivity, economic impact on users, disease, illness, addiction, wasted human potential, fragmented famil
Discuss the history of drug abuse and anti-drug legislation in America.
Anti-Drug Legislation
The earliest laws were in 1875 in San Francisco which outlawed the smoking of Opium.
Harrison Narcotics Act (1914) - was the first federal antidrug legislation which required anyone dealing in opium, morphine, heroin, cocaine, and sp
Describe the categories and effects of each major type of illegal and abused drugs.
Marijuana: Comes in loose form, as ground leaves and seeds of the hemp plant. It can be smoked, eaten or made into tea. Low doses of marijuana create restlessness and an increasing sense of well-being, followed by dreamy relaxation and frequent food cravi
Explain the link between drugs and other social problems.
The link between drug-related crimes have at least three dimensions:
1) Economic losses from crimes committed by drug users to obtain money for drugs or from crimes committed by users whose judgment is altered by drugs.
2) The costs associated with drug t
Summarize various efforts to respond to the drug problem, including your assessment of each
effort's effectiveness.
Strict Law Enforcement
Asset Forfeiture
Interdiction
Domestic & International Crop Control
Prevention & Treatment
Legalization & Decriminal-ization
drug abuse
Illicit drug use that results in social, economic, psychological, or legal problems for the user.
controlled substance
a specifically defined bio-active or psychoactive chemical substance proscribed by law
drug
any chemical substance defined by social convention as bio-active or psychoactive
recreational drug user
A person who uses drugs relatively infrequently, primarily with friends, and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users.
psychoactive substance
a chemical substance that affects cognition, feeling, or awareness.
Harrison Narcotics Act
The first major piece of federal anti-drug legislation, passed in 1914.
Controlled substances Act
Title II of the Comprehensive Drug Abuse Prevention and Control Act of 1970, which established schedules classifying psychoactive drugs according to their degree of psycho-activity
Psychological dependence
A craving for a specific drug that results from long-term substance abuse. Psychological dependence on drugs is marked by the belief that drugs are needed to achieve a feeling of well-being.
physical dependence
A biologically based craving for a specific drug that results from frequent use of the substance. Physical dependence on the drugs is marked by a growing tolerance of a drug's effects, so that increased amounts of the drug is needed to obtain the desired
drug czar
The popular name for the head of the Office of National Drug Control Policy (ONDCP), a federal position that was created during the reagan presidency to organize federal drug-fighting efforts.
curtilage
In legal usage, the area surrounding a residence that can reasonably be said to be a part of the residence for Fourth Amendment purposes.
drug trafficking
Trading or dealing in controlled substances, including the transporting, storage, importing, exporting, or sale of a controlled substance.
club drug
A synthetic psychoactive substance often found at nightclubs, bars, raves, and dance parties. Club drugs include MDMA (ecstasy), ketamine, methamphetamine (meth), GBL, PCP, GHB, and Rohypnol.
pharmaceutical diversion
The transfer of prescription medicines controlled by the Controlled Substances Act by theft, deception, and/or fraudulent means for other than their intended legitimate therapeutic purposes.
money laundering
The process by which criminals or criminal organizations seek to disguise the illicit nature of their proceeds by introducing them into the stream of legitimate commerce and finance.
forfeiture
The authorized seizure of money, negotiable instruments, property, or other things of value
racketeer influenced ad corrupt organizations
A federal stature that allows for the federal seizure of assets derived from illegal enterprise.
interdiction
The interception of drug traffic at the nation's borders.
drug court
a special state, county, or municipal court that offers first-time substance-abuse offenders judicially mandated and court-supervised treatment alternatives o prison
legalization
Elimination of the laws and criminal penalties associated with certain behaviors-usually the production, sale, distribution, and possession of a controlled substance
decriminalization
the redefinition of certain previously criminal behaviors into regulated activities that become "ticketable" rather than "arrestable