Shared Flashcard Set

Details

clj 355 final exam
chapters 1-5,7, 11-13, 17, 19-20
116
Criminology
Undergraduate 3
12/04/2013

Additional Criminology Flashcards

 


 

Cards

Term
blood feud
Definition

prolonged series of retaliatory/vengeful/hostile acts or exchange of such acts—usually victim’s family took revenge on offender’s family

Term

Wergild

Definition

the custom of atonement for wrongs against a victim, by payment to appease the victim’s family. Example: if you kill a person, they’ll give you goats/property/etc. 

Term

Code of Hammurabi

Definition

1750 BC (Babylonian Code). Written on a big rock carved with laws/findings of what was right or wrong and what you can or cannot do. Eye for an eye, tooth for a tooth. It explained what marriage, relationships, and family should be like in relation to money, wealth, and control.

Term

Code of Draco(greek code)

Definition

Extended the code of Hammurabi so that the wrongs could be in court where everyone can talk about it and decide what’s best for the public’s good. Punishments were very harsh (usually death). The code was “written in blood”. Anyone whose status was better than their creditor who can’t pay back will be their slave.

Term

Justinian Code of Laws (roman code) 

Definition

similar to the other codes, they created tablets where the laws were written. Intended to be the sole source of the law that everyone should follow.

Term
Trial by Ordeals (english)
Definition

determines whether someone was a witch or controlled by the devil. They put you in a tub of water with weights, if the water accepts/drowns you, then you’re not controlled by the devil. But if you float and survive, then you’re controlled by the devil and they burn you anyways.

Term
concept of free will (english)
Definition

people are directed by their own responsibilities, not necessarily the devil.

Term
age of enlightenment (beccaria)
Definition

philosophical movement of the 18th century marked by a rejection of traditional, social, religious, and political ideas and an emphasis on rationalism.

Term
Cesare Beccaria
Definition

was the founder of Classical School of Criminology, the approach to understanding crime and social policy for offenders.
Punishment should have preventive and retribution functions. His largest points were: innocent until proven guilty, right to not self incriminate, right to employ counsel, and right to a prompt speedy trial. 

Term
4th, 5th, 6th, 8th amendments
Definition

4th amendment: right from illegal searches and seizures
5th amendment: use against from self-incrimination
6th amendment: speedy and public trial
8th amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted. also says people can’t be locked up longer than they should be.

Term
jails v prisons
Definition

jails are less than a 1 year sentence (only misdemeanors)
prisons are more than a year and felonies

Term
hulks
Definition

abandoned/unstable transport ships anchored in rivers/harbors that confine criminal offenders. This was intended to be a temporary solution, but they weren’t abandoned until 80 years later.

Term
bridewells
Definition

(Britain) a workhouse created for the employment housing of London’s unemployed or underemployed working classes. “out of sight, out of mind”

Term

Classification: of prisons

Definition

1.     Minimum-security level: federal prison camps, have dorm housing, low staff-to-inmate ratio and limited or no fences
2.     Low-security level: federal correctional institutions (FCIs) have double fenced perimeters, mostly dorm housing, strong work/program components, staff-to-inmate is higher than minimum
3.     Medium-security level: strengthened perimeters (double fences and electronic detection systems), mostly cell-type housing, wide variety of work/treatment programs, greater internal controls & staff
4.     High-security level: US Penitentiaries; high security perimeters (walled or double fenced), multiple- and single- occupant cell housing, close staff supervision, close control of inmate movement

5.     Administrative security level: institutions with special missions, such as detention of pretrial offenders, treatment of inmates with serious/chronic medical problems, or containment of extremely dangerous, violent, or escape-prone inmates. They hold inmates in all security categories.

 

Term
Pennsylvania System
Definition

early prison system requiring inmate silence individual cells, and inmate labor in those cells

 

Term
eastern penitentiary
Definition
prison facility deisgned on the pennsylvania system with rows of individual cells attached to corridors and outside cells
Term
auburn system
Definition
prison model consisting of small individual cells, large work area, for group labor and enforced silence
Term
"penitentiary system"
Definition
prison designed to enforce penitence and prisoner anonymity with individual manual labor in inmate cells
Term
indeterminate sentence
Definition
period of confinement with specificed minumum and maximum length allowing a parole board to release the inmate when rehab has been achieved
Term
hawes-cooper act
Definition
rederal legislation that forbids the manufacture and transportation of prison goods by convicts and prisoners
Term
ashurst and sumners act
Definition
requiring "truth of manufacturing and transportation and interstate shipment of prison-made goods" clearly marked packages
Term
sanford bates
Definition
first director of US bureau of prisons
Term
correctional ideology
Definition
systematic of body of ideas and practices that pertain to the processing of offenders
Term
punishment ideology
Definition
painful sanction applied to the offender who is seen as enemy of society
Term
stigma of conviction
Definition
effect of labeling, interference with ordinary social functioning and resulting diminishing of offender
Term
emile durkheim
Definition
early sociologist who believed that crime in some form was inevitable accompaniment to society
Term
restorative justice
Definition
punishment intended to repair the damages done by offender's crimes against hte victim and the community
Term
misdemeanor
Definition
relatively minor violation of criminal law, usually punishable by no more than one year in confinement
Term
sentencing disparity
Definition
difference between both the types and length of sentences imposed for the same crime or seriousness of crimes when there's no legal basis that can be identified to explain this difference
Term
just deserts
Definition
sentencing ideology that stresses that any punishment to be applied must be dependent on the culpability of the offender and the seriousness of the offense
Term
administrative sentencing
Definition
process by which the actual length of the sentence is left up to the administrator of the correctional system as seen in such processes as good-time credit, probation, parole, and program participation; the actual sentence served is set by the executive branch rather than the judicial
Term
determinate sentencing
Definition
flat sentence of punishment
Term
presumptive sentences
Definition
a sentencing mechanism fixed by a sentencing commission or legislature that identifies max and min sentences for punishment to be imposed by the judge but permitting adjustment for special circumstances
Term
Mapp v Ohio
Definition
exclusionary rule - illegally obtained evidence
Term
Gideon v Wainwright
Definition
14th amendment
Term
Furman v Georgia
Definition
cruel and unusual punishment
Term
writ of habeas corpus
Definition
gov is accountable to the courts for a person's imprisonment
Term
writ of mandamus
Definition
judicial order requiring the recipient to conform to the court's decision
Term
probation
Definition

a sentence that does not include confinement and imposes conditions governing the release of the offender into the community based on good behavior.

Under court supervision and under particular judge’s supervision and if you violation your probation you’re sent back to the judge

Term
right of sanctuary
Definition
privilege to avoid punishment by the offender's relocation to a sacred city or location
Term
benefit of clergy
Definition
exclusion of offenders from death penalty if able to read particular segments of ancient texts
Term
path of CJ system
Definition
arrest -> bond -> preliminary hearing or grand jury -> arraignment -> trial -> sentencing
Term
technical probation violation
Definition
probation sentence change due to charges that the offender violated the rules imposed by the court but not by committing a new crime
Term
Gagnon v Scarpelli
Definition
us supreme court decision that held probation as a privilege not a right but once granted the porbation has interesting in remaining on probation
Term
broken windows probation
Definition
concept that the probation officer is asked to communicate with victims and the community, hold the offender accountable and improve the leadership of probation
Term
benefits of probation
Definition

keeping people out of incarceration, gives people opportunity to straighten out form where they’ve been

Term
supervision
Definition

you’re under supervision of the law so you can’t commit any crimes or you’ll get more punishment

Term
conditional discharge
Definition
not reporting, usually cases over and done with but it counts on your record
Term
sex offender conditions
Definition

register as a sex offender with name and address with local police jurisdiction

If you don’t register then you’re violating your probation and you can be charged with another criminal offense (failing to register felony offense)

Term
domestic violence conditions
Definition

there has to be an order of protection

If you violate an order of protection, you’ll be charged with a felony

Term
employees in prisons
Definition
  1. warden (like a CEO) or superintendent
  2. guards: like custody staff, interacting with inmates, aka correctional officers
  3. line staff – security staff that directly supervises the prison
  4. staff personnel- business of running a prison,accountants and clerks, there to file papers and run the prison under budget

 

 

Term
regional offices
Definition
second-tier management level of fed bureau of prisons-- from six regional offices
Term
UNICOR
Definition
a wholly-owned federal subsidiary that supports the fed bureau of prisons through the gainful employment of inmates across a variety of work programs
Term
privatization
Definition
provision of correctional services by private sector purveyors
Term
general population
Definition

everybody who’s in the general population of the prison, not in solitary or protective custody

Term

security issues in a prison

Definition

contraband coming in and out of prison

one way to secure a prison is giving a ticket or misconduct report for someone that brings something in

having peanut butter in your jail cell when you’re not supposed to can be a misconduct

Term
contraband
Definition

illegal in the prison, cell phones, anything you’re not allowed to have

Term
lockdown
Definition

when the prison lockdowns; confining all inmates to their cells, sometimes when they want to search for contraband so they have to lock down

Term

different layers of searches

Definition

the least atrusive search: pat-down, frisk search

next search: strip search: when people hide things in various places, “t-string” (hiding things in butt or vag, like drugs or weapons)

can be x-rays or metal detectors

shakedown: searching a particular area for contraband (every cell)

Term

managing prisoners time

Definition

try to keep people busy so they don’t overthink and do something dangerous

treatment programs: any activity to make the prisoner less of a problem while in prison or less active as a criminal once released

Term
different types of programs
Definition

drug, alcohol, anger management, educational, GED classes, vocational programs, religious, theater/music

10% of prison’s budget is used towards programs, it’s also the first percentage to get cut with budget cuts

Term
history of federal system
Definition

Federal Bureau of Prisons is overseen by Department of Defense (check this)

Bureau of prisons was created in 1930

Created during Prohibition because it was a federal crime, and 1910 prostitution

Term
war on drugs
Definition

In 1990s, explosion of inmate population in federal system because of “war on drugs”

War on drugs was a federal mandate that went after drug couriers

Federal laws keep people in prison longer

Over 50% of those in federal penitentiaries are in for drugs

Term

Parens patraie 

Definition

the government takes the place of a parent of a minor

Basically, the government steps in to take control of a child (under 18)

Term
neglect
Definition

: a case of neglect would be not providing your child with a clean good home, or leaving your kids alone without a parent for a long period of time

Term

Abuse or Substantial risk of abuse: 

Definition

not feeding your child

Term
sexual abuse
Definition

it could be the boyfriend, natural parent, brother or sister. If the perpetrator doesn’t live in the home, if the parent is not protecting the child properly, it would be child abuse

Term

Dispositional hearing 

Definition

is a sentencing hearing
they speak to the parents and do counseling and remove the kids from parents

Term
status offense
Definition

not making curfew, underage drinking. It is because of your status as a juvenile. 

Term
diversion programs
Definition

for drugs, alcohol. To divert people before the minor gets involved in the system. 

Term
detention hearing
Definition

like a bond hearing, either they’re held in custody or not held in custody

Term
automatic transfer hearing
Definition

if you’re above a certain age and commit a certain crime, you’re tried as an adult. If you commit a murder and you’re 15 or 16, you’re tried as an adult automatically. You are also sentenced as an adult. 

Term
discretion
Definition

Prosecution files a petition that the minor should be tried as an adult

Term

“minor respondent”

Definition
 instead of offender or defendant
Term

“delinquent” 

Definition
instead of “guilty”
Term
execution
Definition

only if treason, murder, rape.

Certain types of murder: brutal/heinous murders, multiple murders, murder of a child or police officer

In death penalty cases, the jury is put in court. The defendant chooses between jury and judge who gets to decide gives them death penalty.

juveniles & those with a disability cannot be sentenced to death

Term
Andre Crawford
Definition

lived in Englewood neighborhood. Case in the 90’s. prostitutes and people- he would beat these girls then go smoke some crack then rape them and then kill them . death penalty.

Term
Fuhrman v Georgia
Definition
 Fuhrman was sentenced to death and went through the appeal process and decided that all death penalty cases should be reversed. They decided that all these cases were decided unconstitutionally on a racial basis. For four years, death penalty was not existent. 
Term
Gregg v Georgia
Definition
supreme court wrote a new law and applied death penalty again. 
Term
burdens of proof
Definition

Arrest: probable cause
Preliminary Hearing: clear and convicable evidence
Criminal Trial: beyond a reasonable doubt
Civil Trial: preponderance of evidence

Term
truth in sentencing
Definition

begun in 1990s, this movement required inmates to serve a significant portion of their sentence before consideration for release.

Term
concurrent v consecutive
Definition

Concurrent: 3 and 5 years at the same time, so only serving 5 years
Consecutive: 3 years for one crime, then another 5 years after that

Term
aggravation v mitigation
Definition

Aggravation: making condition/force
Mitigation: lessening force

Term
correctional ideologies
Definition

general deterrence: celeb status and someone being punished
specific deterrence: towards an individual (slapping a kid on the hand)

·      Rehabilitation: to restore to good health or useful life

Term
dispositional hearing
Definition

a sentencing hearing where they speak to the parents, do counseling, and remove kids from the parents who are “unable, unfit, unwilling”

Term
detention hearing
Definition

like a bond hearing, you’re either held in custody or not

Term
expungement
Definition

process by which a record of crime conviction is destroyed or sealed after expiration of a statutorily required period of time; also refers to the act of physically destroying information—including criminal records—in files, computers, or other depositories

Term
pardons
Definition

executive clemency restoring at least some rights to the offender. Some states restore civil rights when parole is granted but a governor can restore all rights through a pardon. 

Term
executive clemency
Definition
a pardeon, reduction of sentence, release of an inmate by the governor or pardoning authority
Term
reprieve
Definition
reduction in sentencing severity, sometimes used in death penalty cases when execution of the offender is at least temporarily stopped
Term
commutation
Definition
reduction of severity of the sentence by the executive branch of government
Term
"flopped"
Definition
denial of parole
Term
work release
Definition
a program in which inmates are allowed to work in the community with minimal restrictions but must return to confinement during nonworking hours
Term
furlough
Definition
prison-release program permitting the inmate to pursue education, vocational training, or employment in the community
Term
reentry courts
Definition
specialized courts designed to reduce recidivism and improve public safety though judicial oversight of those offenders released from prison
Term
prisonization
Definition
process of adopting the culture of prison
Term
"screws"
Definition
inmates term for correctional officers
Term
"keester"
Definition
to hide contraband objects within the rectum or vagina of prison inmates
Term
shakedown
Definition
cell search to detect and control contraband
Term
paramilitary model
Definition
organization of custody staff into ranks of armed forces
Term
pretrial alternatives
Definition
programs and sanctions designed to release those jail inmates who are awaiting trial, alternatives can include electronic monitoring, supervision, treatment programs, house arrest, etc
Term
civil death
Definition
state of being physically alive but without rights
Term
community protection act
Definition
legislation requiring offenders to register and live under public scrutiny
Term
Megan's law
Definition
legislation requiring sexual offenders to inform local police agencies of their location and nature of their prior convictions
Term
annulment
Definition
judicial proceeding that nullifies, abolishes, cancels, and abrogates a judgment or former judicial proceeding
Term
common law
Definition
law based on juges' decicions and custom, as distinct from written laws
Term
ward
Definition
a minor subject to wardship or potection by the state, may also refer to other persons protected by court order or legal status
Term
dependent
Definition
any child without parents or support
Term
incorrigible juveniles
Definition
unruly juveniles whose behavior is not controlled by their parents
Term
Kent v US
Definition
US supreme court decision that courts must provude the "essentials of due process" in transferring juveniles to the adult system
Term
diversion
Definition
the halting or suspension of a juvenile from further involvement with the justice system in return for approved behaviors
Term
statutory exclusion
Definition
principle that requires offender be bound over as an adult based on the types of offense committed. all such juveniles committing an identified offense must be transferred to adult court
Term
juvenile waiver
Definition
juvenile court transfer of alleged delinquents to adult court for more intensive and length punishment
Term
direct filing
Definition
prosecutorial decision to refer the case to an adult criminal court rather than to a juvenile court
Term
custody philosophy
Definition
approach to containing juveniles through incaceration programs
Term
superpredator
Definition
aggressive juvenile offender believed to engage in frequent and dangerous behaviors
Supporting users have an ad free experience!