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money paid to court to go home after arrest. meant to ensure the offender returns for court hearing |
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if a person fails to appear in court when she has been properly ordered to do so, the judge is authorized to issue a warrant for his arrest |
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an agent of a private commercial business that has contracted with the court to act as a guarantor of a defendant's return to court |
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someone who pursues fugitives or criminals that have not returned for court after posting bail a reward is offered to the bounty hunters for finding the criminals |
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ROR (release on recognizance) |
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alternative to bond. provided for the pretrial release of non-flight risk offenders considered nonviolent, merely on the unsecured promise that the defendant will return for trial |
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unsecured bond (promissary note) and signature bond (signs a piece of paper for release. minor crimes) that allows the defendant to be released on his promise to return for trial |
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an imprisonment that is not imposed as the punishment for a crime but in order to prevent a person from committing a crime |
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private law. the body of law concerned with the definition regulation and enforcement of rights in noncriminal cases in which both the person who has the right and the person who has the obligation are private individuals |
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the highest court in the U.S. judiciary system, whose rulings on the constitutionality of laws, due process rights, and rules of evidence are binding on all federal and state courts |
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supreme court cases that mark significant changes in the interpretation of the constitution |
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the authority of the supreme court, based on agreement by four of its members that a case might raise significant constitutional or federal issues, to select a case for review |
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courts of limited jurisdiction |
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state courts of the original jurisdiction that are not courts of record (traffic,municipal,county courts) |
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courts in which trial proceedings are transcribed |
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state courts of original jurisdiction that hear all kinds of criminal cases |
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state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues |
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a state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. supreme court |
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the rule that a defendant can be charged only once for a crime, if tried and found innocent, the defendant cannot be retried even if new evidence of his guilt is discovered |
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the power of a prosecutor to decide whether or not to charge a defendant and what the charges will be, as well as to gather evidence necessary to prosecute the defendant in court of law |
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the process through which a jury is selected from the members of a jury pool who have been determined eligable for service |
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a trial in which the judge rather than a jury determines the guilt of the offender |
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the right to have an attorney provided free of charge by the state if a defendant cannot afford one (gideon v wainright) |
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the unrealistic expectations of juries based on the fiction they've seen on the tv show csi |
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deterrence based on the premise that criminals should be punished because they deserve it |
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the administration of bodily pain as punishment for a crime |
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the philosophy and practices that emphasize making criminal behavior less appealing |
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the concept based on the logic that people who witness the pain suffered by those who commit crimes will desire to avoid that pain and will refrain from criminal activity |
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a person is best deterred from committing future crimes by the specific nature of the punishment |
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the only way to prevent criminals from reoffending is to remove them from society |
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the removal of an offender from the commuinity |
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great britain sending offenders to the american colonies and later australia |
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idea that criminals can be "cured" of their problems and criminality can be returned to society |
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deterrence that uses restitution programs, community work programs, victim-offender mediation, and other strategies not only to rehad the offender but also address the damage done to the community/victim |
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presentence investigation report (PSI) |
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gathering background info about the offender to help determining the best sentence |
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testimony by victims at a convicted offenders sentence hearing |
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in the application of presumptive sentencing in states that cannot eliminate parole, the legal requirement that courts disclose the actual prison time that the offender is likely to serve |
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the bodily confinement of a person in a jail or prison |
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the practive of confineing an inmate such that there is no contact with other people |
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the legal philosphy that barred any prison inmate from bringing a lawsuit to a civil court related to their treatment while incarcerated or conditions of incarceration |
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offenders are sentenced to spend the remainder of their natural lives in prison |
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the reception and diagnosis of an inmate to decide the appropriate security level in which to place the prisoner and the services of placement |
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institutions that meet all the inmate’s basic needs, discourage individuality, punish dissent, and segregate those who do not follow the rules |
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socialization into a distinct prison subculture with its own values morals nors and sanctions |
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convict/inmate prison code |
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an organization of criminal values in clear-cut opposition to the values of conventional society. People who consider themselves an inmate tend not to follow the code where as convicts do. |
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refers to the exchange of goods, sevices and contraband by prisoners in the place of money |
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disproportionate confinement |
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refers to the non-random distribution of persons by race in correctional institutions. if the prison population reflected the same demographic as the general population, confinement would no reflect racial bias |
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a uniformed jail or prison employee whose primary job is the security and movement of inmates |
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the highest security level of prison operated by the u.s. bureau of prisons. considered escape proof |
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a trend toward jails and prisons being run by for-profit private companies |
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prison rape elimination act of 2003 |
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required the bureau of justice stats to survey jails and prisons to determine the prevalence of sexual violence within the correctional facilities |
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groups that raise special threats such as prison gangs |
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smuggled goods such as drufs cigs money and porn |
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schedualed extended visit during which an inmate of a prison is permitted to spend several hours or days in private usually with a legal spouse |
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family units female inmates re-create inside the prison walls as a coping mechanism (collica) |
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judge decides bail and in some cases the bond commissioner or arresting officer -prosecutor makes bail suggestion based on seriousness of the crime and prior record -get bail back if they appear in court if not the judge issues a warrant |
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excessive bail, denial of bail (not in the constitution to get bail), discriminated against the poor |
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short term multipurpose holding facilities that serve as the gateway for the criminal justice system |
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1. presumed innocent suspects:pretrial, prevention, detention for those awaiting sentencing 2. confinement as punishment: misdemeanors, parole, part of sentence 3. confine other detainees: transfers to prison, relieve overcrowding in prisons, mentally ill until other placement |
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whats the leading cause of death in jails |
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suicide 29% of all deaths |
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who reports the highest rates of sexual victimization in jails? |
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criminal responsible for detecting, prosecuting, and punishing those who violate criminal laws enacted by the govt. civil enforces rights between private individuals |
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history of rape and reform |
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-rape was defined as forced sex onto a woman by a man against the woman’s will -act had to be verified -designed to protect a man’s property -reform in the 70’s: -series of sexual assault offenses: oral/anal, use of objects -gender equality: men and boys can be victims too, -physical force has been expanded to include coercion and intimidation, -corroboration eliminated, there to protect victim, irrelevant info can not be used e.g what she was wearing, if she was promiscuous |
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-neutral; similar to a referee in a sports game. -Determines what evidence can be presented at the time of trial, -which witnesses can testify and about what, -when there will be courtroom breaks. -Overall authority in the courtroom |
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criminal defense attorneys |
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6th amendment guarantees the right to the “effective assistance” of counsel during: -custodial interrogations -preliminary hearings -police lineups -trial -some post trial proceedings |
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indigent defense attorneys and systems |
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a defendant that can not pay for an attorney. They must complete a financial statement and submit it to the court. The court examines the defendants’ finances and decides on the matter |
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plea to: -lesser offense -out and recieve a lesser sentence -guilt to one charge and the other charges are dropped |
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judges vs. juries and finding the guilt/sentencing |
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judge controls the evidence and case presented to the jury. Jury decides the verdict. Except in the case of a bench trial : judge determines guilt |
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occurs when a jury reaches a verdict contrary to the weight of the evidence |
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According to the Robbers article, how did the study respondents change the way they did their jobs because of the widespread popularity of forensic television shows? |
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during voir dire started asking potential jurors if they watched forensic shows |
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As detailed in the Robbers article, what was the most commonly cited issue raised by respondents about jurors? |
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79% cited specific instances in which they felt juries made decisions influensed by forensic tv shows |
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Based on her study, what policy changes does Robbers recommend for dealing with the notion that the popular media are hindering the criminal justice process? |
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-Police officers may need refresher courses in basic evidence recovery and forensic testing,and departments should hire individuals with forensic backgrounds -the introduction of a compulsory, non-partisan briefing for jurors in criminal trials that provides an accurate depiction of criminal trials and criminal investigation procedure -inclusion of individuals with specialized knowledge into juries may be beneficial for both sides -a call for further research on the CSI effect |
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factors that can prevent a fair sentence |
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-the law -the judge -the prosecutor -the defense attorney -the jury -the presentance investigator |
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Crack cocaine vs. powder cocaine debate and issues |
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media wants to portray crack cocaine users as more dangerous than their powder counterparts.there is little empirical evidence . . . to suggest that either crack or powder cocaine users commit large numbers of violent acts to raise money to buy drugs. |
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a model of sentencing in which judges have nearly complete discretion in sentencing an offender |
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a model of sentencing in which the offender is sentenced to a fixed term of incarceration |
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the strict application of full sentences in the determinate sentencing model |
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death penalty and civil rights |
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-issue of cruel and unusual punishment -cant b racial -only jury can determine death penalty -no mental patients or juevenilles |
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couldnt determine fairness, seemed random |
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race of defendants executed and race of victim in death penalty cases |
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blacks and hispanics are treated more harshly at every level of the justice system. 13% blacks 2% whites |
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what country has the highest incarceration rate? |
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Amount and percentage distribution of persons under correctional supervision in the United States |
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1 in 100 adults are behind bars. 58% on probation, 20% in prison, 11% parole/jail. 7.3 million people |
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Causes of high and increasing incarceration rates in the United States |
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-public pressure in response to moral panic -stricter enforcement for drug offenses -longer sentences for drug offenses -increased probability for incarceration -inmates serve more time for each crime -revocation of community-based sanctions -rise in women's’ incarceration rates -change in political platforms and power |
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Factors contributing to rising cost of imprisonment |
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-construction cost of new prisons -shift to treatment and rehabilitation programs -civil lawsuits -adoption of minimum standards of care including environment, physical health, and mental health -sale of prison goods and services restricted to prevent competition with private businesses |
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hands off policy, civil rights, no cruel or unusual punishment= overcrowding, food, solitary confinement, unsanitary conditions, medical and mental health |
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According to the Trammell article, how is the inmate code now different than it was decades ago? |
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At one time, inmates used the code to defy the goals of the prison staff. Now, mostly due to underground economies, they want to keep peace in order to sell their contraband |
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As discussed in the Trammell article, what is the difference between the inmate identity and the convict identity? |
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inmates dont associate with the code convicts do |
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As described in the Trammell article, what is a “shot-caller,” a “lieutenant,” a “soldier,” an “associate,” and a “prospect”? |
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Shot caller=leaders, called shot-callers, who focus on illegal businesses such as the drug trade Lieutenant=The second-in- command. He works with soldiers who smuggle drugs or work for the gang. Associate=not members but show support by fighting in a race-riot Prospect=someone who carries out low-level grunt work to become a member of the gang |
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In Trammell’s study, how did the inmates define/describe “doing good time”? |
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they followed the rules and avoided problems |
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In Collica’s study, what did she find out about the “pseudo family”? |
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The use of prison-based peer programs creates a positive, conventionally oriented alternative to the traditional female pseudo family and poses significant implications for rehabilitation and reentry initiatives |
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Discuss how Johnson and McGunigall-Smith answer this question: Are prisoners sentenced to life without the possibility of parole a special danger to others in the prison, the setting in which they are slated to die? |
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no they make the most out of incarceration and follow the rules more. |
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As described in the Johnson and McGunigall-Smith article, what are the pains of life imprisonment? |
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-permanently seperated from family and loved ones -a lifetime of endless boredom -loss of choice -loss of freedom |
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As described in the Johnson and McGunigall-Smith article, how do LWOP inmates adjust to a life in prison? |
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routine provides stability and predictability for prisoners. lifers want to live life on the surface of things by habit and rote |
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