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Definition
9 African American teenagers accused of
raping 2 white girls; 8 of the accused were sentenced to death; Supreme
Court. overturns the verdict and rules that the accused have a right to effective counsel in capital cases. |
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| the court decision in 1938 that required the appointment of counsel for all indigent defendants in criminal cases. |
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| the court decision in 1963 that extended the right to counsel to the states. |
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| when the court ruled that “no person may be imprisoned , for any offense, whether classified as petty, misdemeanor, or felony, unless he or she was represented by counsel. |
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| stages when defendants are required to have representation. These stages are from arrest to interrogation through sentencing and the appellate process. |
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| A lawyer who works for a state or local agency representing defendants accused of a crime who cannot afford to pay for private counsel. |
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| a private attorney appointed by the court for persons who are accused of crimes and are unable to hire their own lawyers. |
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| providing counsel for the poor under which the government contracts with a law firm to represent all indigent for the year in return for a set fee. |
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| Private (retained) Attorney |
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| counsel who is hired by someone for legal representation. |
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| The deposit of cash or property to insure the appearance of an accused in court when released from jail. |
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| is the restructuring of the process of releasing accused citizens from jail awaiting trail that reduced the discrimination against low income citizens. |
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| is the incarceration of accused citizens in jail to wait for the court to hear the evidence against them. |
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| A program designed to release as many non-violent offenders waiting trial from jail as possible. The pretrial release decision addresses a basic liberty right to freedom. |
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| Indirect Racial Discrimination |
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Definition
| 1.Discrimination on grounds other than the seriousness of a crime, in setting bail, but on characteristics of the accused such as economic status rather. 2. Discrimination on factors not linked directly to physical characteristics of the person. |
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| Direct Racial Discrimination |
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Definition
| Discrimination based on the physical characteristics of the persons involved. i.e. African American, Hispanic, Chinese. |
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| Release without paying bail trusting the accused to return to trial on the date set. If the accused fails to appear a warrant is issued for their arrest. |
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| The release of an accused person before trial by means of bail or release on their own recognizance. |
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| A prosecutor’s right to exercise broad discretion in deciding whether to file formal charges against individuals suspected of crimes and in determining the number and seriousness of the charges to be filed, so long as the prosecutor has probable cause to believe that the accused committed an offense defined by statute, and that the decision is not reached based on race, ethnicity, gender or social status. -In other words-A prosecutor cannot legitimately take the race of the suspect into account in deciding whether to file charges or not in deciding on the seriousness of the charge to be filed. |
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| When a defendant agrees to plead guilty in a criminal trial in exchange for a lesser charge |
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| The method of singling out members of specific identifiable groups such as career criminals for aggressive processing |
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| An opening statement in a court case regarding the trial itself. |
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| Federal Sentencing Guidelines |
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Definition
| Guidelines designed to reduce judicial discretion in sentencing in an effort to eliminate unwanted sentencing disparity among defendants with similar records who have been found guilty of similar criminal conduct. |
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Definition
| When the sentencing judge strays from the sentencing guidelines for a particular crime and in turn issues an alternative sentence. |
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| The group of individuals selected by the court from the citizens of a jurisdiction from which juries are drawn to hear specific cases. |
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| Race Conscious Jury Selection |
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Definition
| Methods used during jury selection, to make the number of minorities in the jury pool proportional to that of the majority. |
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Definition
| A request to dismiss a prospective juror from a specific jury |
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Definition
| This is a juror challenge in which the attorney does not need to show cause. The juror is dismissed without explanation and without judicial scrutiny |
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Definition
| Supreme Court was reluctant to restrict the prosecutor's right to use peremptory challenges to excuse jurors on the basis of race. |
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Definition
| Batson v. Kentucky rejected the Swain systematic exclusion requirement. Batson offered hope that the goal of a representative jury was attainable. A race-neutral justification for the exclusion of African Americans from a jury was necessary after this court case. |
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| Race Neutral Justification |
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Definition
| Coming to a conclusion or course of action in such a manner that consideration of race has not influenced the outcome |
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Definition
| An allegation that the issue of race or racism is raised in a debate or case to gain an advantage when there is no racial issue. |
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| use of research subjects to simulate real juries deliberating about selected or prepared legal cases. |
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| Jury's right to deliver a not-guilty verdict regardless of the evidence of guilt even where such a verdict clearly conflicts with the letter if the law. |
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Definition
a nonprofit organization that promotes "more
effective and humane" alternatives to prison for criminal offenders. |
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Term
| Aggravating circumstances |
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Definition
factors that make the crimes worse or
more heinous. |
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Term
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Definition
more general reasons for treating the
offender more leniently. |
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Definition
| a statistical difference in the treatment of members of a racial group that is not based on race based prejudice and discrimination |
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| More serious crimes and careers, economic discrimination, discrimination, limited discrimination |
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Definition
| List the four explanations for racial disparity in sentencing |
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Term
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Definition
The sentence assigned. Discrimination exists when a member of a minority group receives a harsher sentence for the same crime than a white who
committed the same crime under similar circumstances. |
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| Other irrelevant characteristics, process-related factors, race of the victim and race of the offender, nature and seriousness of the crime. |
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Definition
| List the four factors that interact with race or ethnicity in disparity. |
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Term
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Definition
| Members of discriminated against minorities receive longer sentences for the same behavior than other offenders. This is the penalty received by a minority just for being a minority. |
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Definition
| Members of the deviant population who are viewed as particularly threatening and dangerous. |
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Term
| Intra-racial Sexual Assault |
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Definition
| The act of committing a sexual assault when the victim is a member of the same race as the offender. . |
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Term
| Interracial Sexual Assault |
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Definition
| sexual assault when the victim is of a different race than the offender |
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Definition
| a very powerful, highly addictive drug that has not been neutralized by an acid to make hydrochloride salt that is heated and inhaled or mixed with water and injected. Commonly marketed in low income minority neighborhoods. |
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Term
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Definition
| a very powerful drug that has been neutralized by an acid to make hydrochloride. Commonly marketed in middle and upper class majority communities. |
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Definition
| a plan designed to either make sentences more severe or less discriminatory (examples would be the use of indeterminate sentencing or the development of sentencing guidelines) |
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Definition
| the judge imposes a minimum and maximum sentence and the parole board determines the date of release. |
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Definition
| A sentence that specifies a fixed term of detention that must be served |
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Definition
| federal guidelines designed to reduce judicial discretion in sentencing in an attempt to eliminate unwarranted sentencing disparity. |
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Definition
| sentence of death for those criminals found guilty of heinous murders |
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Definition
| Furman was burglarizing a home, and in his attempt to flee he tripped and fell thus discharging the gun he had which killed a resident of the house. Furman was found guilty of murder and sentenced to death. The Supreme Court concluded that this was cruel and unusual punishment and violated Constitutional protections. |
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Definition
| The court held that a punishment of death did not violate the Eighth and Fourteenth Amendments under all circumstances |
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Definition
| The court held that since McCleskey could not prove that purposeful discrimination had had a discriminatory effect on him in this particular trial, there was no constitutional violation. |
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Term
| Georgia’s “guided-discretion” death penalty statute |
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Definition
| When a defendant is convicted of first-degree murder or another death-eligible offense, the prosecutor could ask to conduct a second “penalty stage” of the trial, and after this proceeding the jury could impose the death sentence only if the prosecutor proved “aggravating circumstance” even if proved the jury could decline the death sentence and impose a life sentence if it found “mitigating evidence.” |
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Term
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Definition
| the average citizen who knew all of the facts presently available regarding capital punishment would find it shocking to his conscience and sense of justice. |
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Term
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Definition
| the finding that stated that race of the victim was a potent influence in the justice system such that it appeared that the system for prosecuting cases involving white victims was different from the system for process cases involving black victims. |
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Definition
| a set of standards and procedures adopted by the department of justice which define the circumstances under which U.S. attorneys can seek the death penalty. |
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Term
| Conflict theory, race of victim |
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Definition
| What are the two explanations for disparate application of the death penalty? |
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Term
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Definition
| an act that would have allowed condemned defendants to challenge their death sentences by showing a pattern of racial discrimination in the capital sentencing process in their jurisdictions. |
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Term
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Definition
| The professional organization for attorneys practicing law in the United States |
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Term
| Texas Civil Right Project |
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Definition
| An organization established to investigate discrimination in the awarding to the death penalty in Texas |
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Term
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Definition
| Analysis of blood, hair, saliva, semen, or cells from almost any part of the body commonly used in linking individuals with crime scenes and more recently used as a powerful tool in determining the innocence of prisoners who were tried before DNA testing in its current form was an option. |
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Term
| Innocence Protection Act Of 2001 |
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Definition
A combination of criminal justice reforms that would:
1). Allow a person convicted of a federal crime to obtain DNA testing to support a claim of innocence.
2). Prohibit states from denying applications for DNA testing made by death row inmates if specified conditions apply.
3). Encourage states to develop minimum standards for capital representation.
4). Provide funding to ensure that indigent defendants have access to lawyers who meet those minimum standards. |
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Definition
| a short term local holding place for people who exhibit deviant behavior and who may propose a potential threat to society as a whole. |
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Term
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Definition
| a long term state level holding place that is designed for convicted felons who pose a great threat to society. |
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Term
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Definition
| People held in local places waiting trial, transfer to the state prison system, or for serving sentences for minor offenses |
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Definition
| The total number of people held in prisons and jails in the USA; the incarceration rate seems to be growing. |
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Term
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Definition
| Prisons run by the states that house the majority of incarcerated offenders. African Americans are over represented in state prison systems compared to their representation in the general population. |
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Term
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Definition
| Prisons run by the federal government. Prisoners in federal prison serve up to 50% more of their original sentence than do state inmates. African Americans are still over represented, but not as much as they are in state prisons. All prisoners are housed according to security risk. |
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Definition
| Reflect the number of prisoners incarcerated. Race, ethnicity, gender, age and employment status have a direct effect on whether one is incarcerated |
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Definition
| A crime that carries a less severe punishment than a felony under the law. A misdemeanor is punishable by a fine and by a term of imprisonment not to be served in a penitentiary and not to exceed one year. |
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Term
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Definition
| crimes which are punished by sentences of more than one year in prison |
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Definition
| parole is a gift from the state and can be given or withdrawn on the whim of state representatives. |
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Term
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Definition
| requires offenders to be released and supervised on parole as a part of their sentences. |
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Term
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Definition
| restrictions on personal freedom that offenders must accept if they are to receive parole. Failure to follow these rules can result in a return to prison. |
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Definition
is an alternative to incarceration, a sentence to
supervision in the community |
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Definition
| The process of adapting to living in a highly structured relatively dangerous environment with organization by race a dominant factor. Or adaptation to the prison subculture as it relates to race, ethnicity, religious activities, economic systems, and the formation of gangs. |
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Definition
| the decisions by members of disparate groups to associate only with members of their own group. |
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| Native American Cultural and Spiritual Awareness Group |
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Definition
| Operate on a global scale to learn more about their culture and interactions. This program was brought about to help people learn more about different cultures |
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Definition
| People join gangs in prison to [protect themselves and have power while in prison. They also do it for "brotherhood". |
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Definition
| a predominately Hispanic prison gang originally formed in California whose members moved to Texas on release and ended up in Texas prisons. |
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Definition
| A predominately white prison gang with ties to motorcycle gangs and the distribution of illegal drugs. |
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Term
| Aryan Brotherhood of Texas |
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Definition
| A gang of predominately white racists who endorse violence toward members of minority groups. |
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Term
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Definition
| A gang of predominately African Americans believed to have formed for protection from Hispanic and white gangs |
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