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Define law, mandate sentencing and fund CJ agencies |
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Trial Courts adjudicate, Appellate Courts interpret the law in accordance with the U.S Constitution |
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Power to appoint judges, agency heads. Set Legislative agenda, mobilize public opinion. |
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Maintain Order, enforce law, maintain services. |
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Seek justice and discover the truth. |
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Punish, rehabilitate and ensure public safety. |
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State legislatures make crim laws enforced by state and local police. City and council prosecutor state crimes in state courts. |
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US Congress makes criminal laws. US Attorneys prosecute fed crimes in U.S courts. |
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CJ System or "Non-system" |
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Interdependent, Decentralized, Independent. |
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Exercised at every stage of the system. Sentence guidelines vary widely from state to state. |
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informed of charges, advised of rights, enter a plea to the charges |
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Mathc punishment to the crime/scales of justice |
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Concept of public good more important than individual injury or revenge. |
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Sinner had to pay a debt to society and god. People were responsible for their free wills. Dishing out punishments was the king's responsibility. |
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Punishment manifested in the form of physical pain. Liars tongue cut off, theives hands.. |
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Very common in early America. |
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Was first to state that prevention may require more than deterrence. This is the foundation of modern criminology / penology. |
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Early Forms of Imprisonment |
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Imprisonment served purely to detain offenders while waiting to receive punishment. Only recently, the concept of imprisonment for “punishment in and of itself” was established. Romans enslaved offenders. |
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Existed in the 17th and 18th centuries. No separation between sex, age, or health status. Inmates were exploited. Out of sight, out of mind. |
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Transformed punishment to correction. Wrote "An Essay on Crimes & Punishments" in 1764 |
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CCJS should... work towards the greatest good for the greatest number, crime is an injury to society, prevention > punishment, no torture, right to speedy trial, right to present evidence. |
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Leader of the Quakers, brought the concept of more humanitarian treatment to America, Italy, and England |
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Simsbury-1773, an abandoned copper mine. Walnut Street Jail-1790 Philadelphia. |
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Basic element – solitary confinement without work – quicker reformations. But isolation caused problems Work (8 to 10 hours a day) and moral and religious instruction were provided |
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Cheaper to Build Better Vocational Training More $$ for the State |
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Eliminated the Flat Sentence. |
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Built the Irish System which focused on rehabilitation of offender. |
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Revolutionized prisons by adding a bunch of good shit (job training, libraries...etc.) |
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Basically were factory workshops, they created profit by exploiting free labor. |
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First super max prison, formed in 1934. |
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Rehabilitative Era 1960-80 |
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Took the approach that offenders were sick and needed diagnosis and treatment. This was in response to violence and corruption in the penal system. |
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1971. Suggested that NOTHING WORKS! (buy this guy a beer) |
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Return to classical theory. Got tougher on criminals, they had to serve hard crime. |
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Punishment is not effective deterrence because |
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Over-severe punishment arouse sympathy Those imprisoned accustomed to frustration Can’t determine the exact degree of retribution appropriate for the entire spectrum of crimes Application of coercion does not guarantee that offenders will alter behavior |
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A goal of the CJ system. Prevent people from committing further crimes. |
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Making right or by repaying society or victims for the wrongs created by offenders. Pendulum swung too far – victim got lost Silence unless testified at trial No role in sentencing Few sentences repair for damages incurred No progress reports or notification |
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Female offenders vs. Male |
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Basically females are better people. Commit less crime, less often, less violent... go figure |
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Number is rising. Up 60% since 1995. |
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8:1 are black. 3:1 are Hispanic. More than 60% have reported drug use. |
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1 in 4 are pregnant or have given birth in the past year. Women are relational, while men isolate. And Black people walk like this.... and white people walk like this. |
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How many men are in prison? |
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As of 2006, 1.5 million. 49,000 foreigner are in state prison. |
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1970's 15-25% of population is violent, Now some states have over 60% violent offenders. |
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Violence works for them although they have the capacity to be prosocial |
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Physical or mental deficiencies impair functioning, react to prison situations violently |
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predatory and calculating -- violent for no good reason; fun |
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1 in 3 report drinking at time of offense or being under the influence of drugs at time of offense. While in prison, 6% test positive for Pot, 2 for meth, 1 for coke/heroin |
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Prison Rape Elimination Act (Don't Drop the Soap, the musical.) – 2003. 1 in 5 males are raped by other inmates, 1 in 4 females are raped by male staff members. 2007 survey estimates 2.1% is inmate on inmate and 2.9% is staff on inmate. |
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Have been growing since the 60's in 2002 there are 62k gang members, making up 5% of the prison populace. |
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Have been growing since the 60's in 2002 there are 62k gang members, making up 5% of the prison populace. |
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Transfer of mentally ill from facilities designed to address mental health problems to incarceration |
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Lack of reasoning faculties; person is incapable of understanding or action with discretion in the ordinary affairs of life |
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Developmentally Challenged |
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4 to 9 % of inmates. Large number are low function but not technically retarded. They are often denied parole. |
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2% of inmates have HIV+. 24% of those have AIDS, 2.9% of all female state inmates are HIV+, 1.9% of male state prisoners are HIV+. |
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By 2010 – 1 in 10(over 160,000) will be 50 or older |
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Childhood between 500-1400 |
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People treated kids like shit. |
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Childhood between 1400-1800 |
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5 New principles: supervision, discipline, modesty, diligence, obedience |
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Refers to the public policy power of the state to intervene against an abusive or negligent parent, legal guardian or informal caretaker, and to act as the parent of any child or individual who is in need of protection. |
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Provided Juvies with rights to : notice of charges, counsel, confrontation and cross examination, driveler against self incrimination |
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Commits an act that would be a crime if committed by an adult |
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violates rules that only apply to juveniles |
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declared unmanageable by parents and court |
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Official halting of proceedings, may refer to alternative treatment program |
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process of making an illegal act not criminal |
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Deinstitutionalization of Status Offenders |
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treat as many juveniles as possible in the community |
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1 in 6 boys, 1 in 12 girls ar juvies. 2002 2.2 million arrests under 18. 133,000 juvies locked up. Juvie crime is in decline. |
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