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American Corrections - Final
Final Exam
88
Criminal Justice
Undergraduate 4
04/22/2017

Additional Criminal Justice Flashcards

 


 

Cards

Term
What are the concepts that comprise the foundation of parole?
Definition
1. Grace or Privilege
2. Contract of consent
3. Custody
Term
What critical needs must parolees meet to make it in the community?
Definition
1. A job
2. Money
3. Education
Term
What are the 6 basic mechanisms for release from prison? What are the differences between each?
Definition
1. Discretionary Release
2. Mandatory Release
3. Expiration Release
4. Probation Release
5. Reinstatement Release
6. Other conditional Release
Term
Home confinement would be considered what type of release?
Definition
Other conditional release
Term
Parole in the US evolved during what century?
Definition
19th century
Term
What 8 factors are normally included when making a decision to release someone from prison?
Definition
1. Nature and circumstances of the offense and the inmate's current attitude towards it.
2. Prior criminal record.
3. Attitudes toward family members, victim, and authority in general.
4. Institutional adjustment and participation and progress in programs for self-improvement.
5. History of community adjustment.
6. Physical, mental, and emotional health.
7. Insight into causes of past criminal conduct.
8. Adequacy of parole plan.
Term
An inmate's eligibility for an appearance before the parole board is a function of:
Definition
1. Individual sentence
2. Statutory criteria
3. The inmate's conduct before incarceration.
Term
For most of the 20th century, parole referred to
Definition
both a method of community supervision and a release mechanism.
Term
What did each of these early pioneers of parole contribute?
- Sir Walter Crofton
- Alexander Maconochie
- Zebulon Brockway
Definition
Crofton: required parolees to report monthly to the police.
Maconochie: prisoners should be prepared gradually for release
Brockway: Release inmates when their behavior shows that they are ready for it
Term
When discretionary release is used, the parole board's power is much like that of
Definition
the sentencing judge
Term
Parole officers are usually asked to play which two roles?
Definition
Cop and social worker
Term
In theory, parole boards evaluate an offender's progress toward
Definition
rehabilitation and readiness to abide by laws.
Term
What are technical violations of parole?
Definition
Non-criminal infractions
Term
What are conditions of release?
Definition
Restrictions that parolees must legally obey after being released.
Term
How is the effectiveness of corrections usually measured?
Definition
By rates of recidivism.
Term
Inmates who have "maxed out" are
Definition
released unconditionally
Term
The Second Chance Act of 2007 was designed to
Definition
assist offenders with a successful reentry into the community.
Term
Revocation seldom results from a single rules violation because
Definition
prisons are far too crowded
Term
What is a Risk Assessment?
Definition
an assessment of the probationer's risks and needs
Term
What are the elements of a successful reentry?
Definition
1. Get substance abuse under control
2. Get a job
3. Develop a support group of family and friends
4. Get a sense of "who I am"
Term
First Amendment for prisoners
Definition
freedom to practice religion, freedom of speech, freedom of press, right to peacefully assemble, and right to petition the government.
Term
Fourth Amendment for prisoners
Definition
right to be secure in their persons, houses, papers, effects, and protection against reasonable searches and seizures.
Term
Eighth Amendment for prisoners
Definition
protection against excessive bail, fines, and cruel and unusual punishment
Term
Fourteenth Amendment for prisoners
Definition
deprive a person of life, liberty, or property without due process of the law.
Term
Statutes
Definition
law created by the people's elected representatives in legislatures.
Term
Precedents
Definition
legal rules created in judges' decisions that serve to guide the decisions of other judges in subsequent similar cases.
Term
Habeas Corpus
Definition
a judicial order asking a person holding another person to produce the prisoner and to give reasons to justify continued confinement.
Term
Jailhouse lawyers
Definition
inmates that act like lawyers inside of the prison
Term
Totality of conditions
Definition
the aggregate of circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the eighth amendment.
Term
Mediation
Definition
intervention in a dispute by a third party to whom the parties in conflict submit their differences for resolution and whose decision (in the correctional setting) is binding on both parties.
Term
Bifurcated hearing
Definition
One proceeding is used to determine whether the offender is guilty. A second hearing then takes place at a later date to determine whether the guilty person is to be sentenced to death.
Term
Ombudsman
Definition
a public official who investigates complaints against government officials and recommends corrective measures.
Term
Inmate grievance process
Definition
a staff member or committee usually receives complaints, investigates them, and makes decisions. An appeal to the warden or the commissioner can be made is unhappy with the results.
Term
Cruz v. Beto
Definition
prisoners who adhere to other than conventional beliefs may not be denied the opportunity to practice their religion.
Term
Hudson v. Palmer
Definition
officials may search cells without a warrant and seize materials found there
Term
Wolff v. McDonnell
Definition
the basic elements of procedural due process must be present when decisions are made concerning the disciplining of an inmates
Term
Pargo v. Elliot
Definition
ruled that because of differences and needs, identical treatment is not required for men and women. It concluded that there was no evidence of invidious discrimination.
Term
Furman v. Georgia
Definition
ruled that while the death penalty was constitutional, the way it was used constituted cruel and unusual punishment.
Term
Ring v. Arizona
Definition
ruled that juries, rather than judges, must make the crucial decision on whether a convicted murderer should receive the death penalty.
Term
Roper v. Simmons
Definition
ruled that offenders cannot be sentenced to death for a crime they committed before the age of 18
Term
Atkins v. Virginia
Definition
ruled that execution of the mentally retarded was unconstitutional.
Term
Bounds v. Smith
Definition
ruled that the fundamental constitutional right of access to the courts requires prison authorities to assist inmates in the preparation and filing of meaningful legal papers by providing prisoners with adequate law libraries or adequate legal assistance from persons trained in the law.
Term
Until the 1960's, the US Federal Court system practiced what kind of policy with respect to corrections?
Definition
Hands off
Term
Who did the hands off policy ultimately give the power to?
Definition
The states
Term
More than half of the inmates on death row are
Definition
Caucasian
Term
What do Americans cite when asked to identify the two or three most serious problems facing children?
Definition
Drugs and crime
Term
What is the philosophy of juvenile corrections?
Definition
Places higher premium on rehabilitation and prevention.
Term
Juveniles tend to commit crimes in
Definition
groups
Term
What are chronic offenders?
Definition
Offenders who offend in repetitive patterns.
Term
What does parens patriae refer to?
Definition
To court standing in and acting as the "parent" of the child.
Term
Delinquent
Definition
a child who has committed an act that if committed by an adult would be criminal
Term
Neglected
Definition
a child who is not receiving proper care because of some action or inaction of his or her parents.
Term
Dependent
Definition
a child who has no parent of guardian or whose parents are unable to give proper care.
Term
Adult system vs. Juvenile system (p 312, table 12.2)
Definition
arrested vs detained
charged vs referred to court
indicted vs held on petition
defendant vs respondent
trial vs hearing
verdict vs finding
convinced vs adjudicated
sentence vs disposition
incarcerated vs placed or committed
prison vs training school
parole vs aftercare
Term
What is the school to prison pipeline?
Definition
The propensity of schools to reject youth who are struggling with behavioral problems.
Term
Juvenile probation officers caseloads tend to be
Definition
lower than those for adult offenders.
Term
Where and when was the first juvenile court in the US established?
Definition
1899 Chicago
Term
What was the earliest attempt by a colony to deal with problem children?
Definition
The Stubborn Child Law in Massachusetts.
Term
Periods of Juvenile Justice Development in the US (p 310, table 12.1)
Definition
puritan: puritan view of child as evil.
refuge: institutionalization of deviants. enlightenment, immigration and industrialization. children seen as helpless, need of state intervention
juvenile court: separate legal system for juveniles. reform-ism and rehabilitative, juvenile court institutionalized legal irresponsibility of child
juvenile rights: increased legalization of juvenile law. criticism of juvenile justice system on humane grounds. movement to define and protect rights as well as provide services to children.
crime control: concern for victims, punishment for serious offenders, transfer of serious offenders to adult court, protection of children from physical/sexual abuse. restrictive, punitive, incarcerated youth stay for longer periods.
evidence-based: evaluating programs and policing and doing what works. focus on programs and reducing system costs. reduced use of confinement and focus on prevention.
Term
Which of the tenets of the court during the Juvenile Court Period (1899-1960) was aimed at helping the child to develop a law-abiding lifestyle?
Definition
Intervention
Term
What is a status offender?
Definition
A juvenile who has committed an act that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if committed by an adult.
Term
What percentage of juvenile criminal cases in the US are waived to adult court?
Definition
About 1%
Term
In Re Gault
Definition
Established the essentials of due process for juvenile offenders, including the right to counsel, formal hearth, and cross examination.
Term
Kent v. United States
Definition
Essentials of due process are required by juvenile offenders.
Term
McKeiver v Pennsylvania
Definition
Jury trials are not required for juvenile court hearings.
Term
Breed v Jones
Definition
Waiver to adult court following adjudication in juvenile court violates the constitutional guarantee against double jeopardy.
Term
Eddings v Oklahoma
Definition
Age of defendant must be considered as a mitigating factor in capital crimes
Term
Stanford v Kentucky
Definition
Minimum age for capital punishment if 16
Term
Roper v Simmons
Definition
To impose the death penalty on someone for a crime committed before the age of 18 violates the 8th Amendment
Term
What is the best predictor of future criminal behavior and recidivism for juvenile offenders?
Definition
Offender's age.
Term
What is diversion?
Definition
Juvenile court procedure in which a case is either dropped or referred to programs dealing with the delinquent's educational, mental health, or social needs.
Term
What are the difference between juveniles and adults that justify a separate system?
Definition
1. Juveniles have little responsibility for others.
2. Juveniles' families are an important part of their lives.
3. Juveniles are young and may easily change.
Term
If a panel of experts were asked to characterize the US correctional system, they would likely say little about new policies, programs, or other innovations. Instead, they would say that what sets the US corrections system apart from all others is that it is so
Definition
Retributive
Term
Over one in three African American men in their twenties is currently
Definition
under some form of correctional control
Term
The population of drug offenders in the US prisons has increased by over ___% since 1980.
Definition
700%
Term
What are the five major dilemmas facing the US correctional system?
Definition
1. Mission - lacks a clear mission
2. Methods - strategies and techniques are ambiguous
3. Structure - Internal an external structure limit its ability to influence its own fate significantly
4. Personnel - the main resource of the correctional system, problems with attracting right kind of people and motivating them to stay once they are hired (attracting motivating and retaining outstanding personnel is key to an effective correctional system.
5. Costs
Term
Where does the initial recruitment problem with attempting to hire correction staff stem from?
Definition
Low starting salaries
Term
Excluding the actual financing costs, the cost of building a prison today now exceeds roughly $____ per cell
Definition
$100,000
Term
The crime rate today is nearly the same as it was in ____, the year prison populations first began to grow
Definition
1973
Term
State correctional budgets have more than ____ in the past decade
Definition
doubled
Term
According to your authors, the field of corrections will continue to worsen without what?
Definition
Effective Leadership
Term
What are the three most frequently cited pressures which have left the correctional system in its current unstable form?
Definition
Political, economic, and social pressures
Term
Treatment focused on evidence based initiatives are programs that identify the key risk factors for offending and implementing prevention methods in an attempt to
Definition
counteract them before they occur
Term
What are the four trends that are presumed to be able to help shape the future of the US correctional system?
Definition
1. Evidence based practices - one of those rare ideas getting wide acceptable from many different correctional constituents: conservatives and liberals, practitioners and researchers.
2. Techno corrections
3. Falling crime rates
4. Professionalism
Term
The social costs of growth of the penal system have been borne most substantially by minority communities that already struggle with
Definition
poverty and other forms of disadvantage
Term
Electronic monitoring is an example of
Definition
Techno corrections
Term
Motivational interviewing
Definition
communicating/motivating people to change (used often with people on probation/parole)
Term
According to the text, when a leader's skills fit the situation
Definition
effective leadership follows.
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