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Crime and society
final
92
Criminology
Undergraduate 2
12/15/2010

Additional Criminology Flashcards

 


 

Cards

Term
bail
Definition
money paid to court to go home after arrest. meant to ensure the offender returns for court hearing
Term
bench warrant
Definition
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
Term
bail bonds agent
Definition
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
Term
bounty hunter
Definition
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
Term
ROR (release on recognizance)
Definition
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
Term
pretrial release program
Definition
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
Term
preventative detention
Definition
an imprisonment that is not imposed as the punishment for a crime but in order to prevent a person from committing a crime
Term
civil law
Definition
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
Term
U.S. supreme court
Definition
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
Term
landmark cases
Definition
supreme court cases that mark significant changes in the interpretation of the constitution
Term
certiorari of power
Definition
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
Term
courts of limited jurisdiction
Definition
state courts of the original jurisdiction that are not courts of record (traffic,municipal,county courts)
Term
courts of record
Definition
courts in which trial proceedings are transcribed
Term
general trial courts
Definition
state courts of original jurisdiction that hear all kinds of criminal cases
Term
appellate courts
Definition
state courts that have the authority to review the proceedings and verdicts of general trial courts for judicial errors and other significant issues
Term
court of last resort
Definition
a state court of final appeals that reviews lower court decisions and whose decisions can be appealed to the U.S. supreme court
Term
double jeopardy
Definition
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
Term
prosecutorial discretion
Definition
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
Term
voir dire
Definition
the process through which a jury is selected from the members of a jury pool who have been determined eligable for service
Term
bench trial
Definition
a trial in which the judge rather than a jury determines the guilt of the offender
Term
indigent defense
Definition
the right to have an attorney provided free of charge by the state if a defendant cannot afford one (gideon v wainright)
Term
CSI effect
Definition
the unrealistic expectations of juries based on the fiction they've seen on the tv show csi
Term
retribution
Definition
deterrence based on the premise that criminals should be punished because they deserve it
Term
corporal punishment
Definition
the administration of bodily pain as punishment for a crime
Term
deterence
Definition
the philosophy and practices that emphasize making criminal behavior less appealing
Term
general deterrence
Definition
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
Term
specific deterrence
Definition
a person is best deterred from committing future crimes by the specific nature of the punishment
Term
incapacitation
Definition
the only way to prevent criminals from reoffending is to remove them from society
Term
banishment
Definition
the removal of an offender from the commuinity
Term
transportation
Definition
great britain sending offenders to the american colonies and later australia
Term
rehabilitation
Definition
idea that criminals can be "cured" of their problems and criminality can be returned to society
Term
restorative justice
Definition
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
Term
presentence investigation report (PSI)
Definition
gathering background info about the offender to help determining the best sentence
Term
victim impact statement
Definition
testimony by victims at a convicted offenders sentence hearing
Term
truth in sentencing
Definition
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
Term
incarceration
Definition
the bodily confinement of a person in a jail or prison
Term
solitary confinement
Definition
the practive of confineing an inmate such that there is no contact with other people
Term
civil death
Definition
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
Term
death by incarceration
Definition
offenders are sentenced to spend the remainder of their natural lives in prison
Term
prisoner classification
Definition
the reception and diagnosis of an inmate to decide the appropriate security level in which to place the prisoner and the services of placement
Term
total institution
Definition
institutions that meet all the inmate’s basic needs, discourage individuality, punish dissent, and segregate those who do not follow the rules
Term
prisonization
Definition
socialization into a distinct prison subculture with its own values morals nors and sanctions
Term
convict/inmate prison code
Definition
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.
Term
prison economy
Definition
refers to the exchange of goods, sevices and contraband by prisoners in the place of money
Term
disproportionate confinement
Definition
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
Term
correctional officer
Definition
a uniformed jail or prison employee whose primary job is the security and movement of inmates
Term
supermax prison
Definition
the highest security level of prison operated by the u.s. bureau of prisons. considered escape proof
Term
privitization
Definition
a trend toward jails and prisons being run by for-profit private companies
Term
prison rape elimination act of 2003
Definition
required the bureau of justice stats to survey jails and prisons to determine the prevalence of sexual violence within the correctional facilities
Term
security risk groups
Definition
groups that raise special threats such as prison gangs
Term
contraband
Definition
smuggled goods such as drufs cigs money and porn
Term
conjugal visit
Definition
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
Term
pseudofamily
Definition
family units female inmates re-create inside the prison walls as a coping mechanism (collica)
Term
types of bail
Definition
cash or percentage
Term
bail process
Definition
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
Term
issues with bail
Definition
excessive bail, denial of bail (not in the constitution to get bail), discriminated against the poor
Term
definition of jails
Definition
short term multipurpose holding facilities that serve as the gateway for the criminal justice system
Term
purposes of jails
Definition
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
Term
whats the leading cause of death in jails
Definition
suicide 29% of all deaths
Term
who reports the highest rates of sexual victimization in jails?
Definition
inmates
Term
civil vs. criminal law
Definition
criminal responsible for detecting, prosecuting, and punishing those who violate criminal laws enacted by the govt. civil enforces rights between private individuals
Term
history of rape and reform
Definition
-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
Term
judge's responsibilities
Definition
-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
Term
criminal defense attorneys
Definition
6th amendment guarantees the right to the “effective assistance” of counsel during:
-custodial interrogations
-preliminary hearings
-police lineups
-trial
-some post trial proceedings
Term
indigent defense attorneys and systems
Definition
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
Term
plea bargaining
Definition
plea to:
-lesser offense
-out and recieve a lesser sentence
-guilt to one charge and the other charges are dropped
Term
judges vs. juries and finding the guilt/sentencing
Definition
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
Term
jury nullification
Definition
occurs when a jury reaches a verdict contrary to the weight of the evidence
Term
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?
Definition
during voir dire started asking potential jurors if they watched forensic shows
Term
As detailed in the Robbers article, what was the most commonly cited issue raised by respondents about jurors?
Definition
79% cited specific instances in which they felt juries made decisions influensed by forensic tv shows
Term
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?
Definition
-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
Term
factors that can prevent a fair sentence
Definition
-the law
-the judge
-the prosecutor
-the defense attorney
-the jury
-the presentance investigator
Term
Crack cocaine vs. powder cocaine debate and issues
Definition
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.
Term
indeterminate
Definition
a model of sentencing in which judges have nearly complete discretion in sentencing an offender
Term
determinate
Definition
a model of sentencing in which the offender is sentenced to a fixed term of incarceration
Term
mandatory sentencing
Definition
the strict application of full sentences in the determinate sentencing model
Term
death penalty and civil rights
Definition
-issue of cruel and unusual punishment
-cant b racial
-only jury can determine death penalty
-no mental patients or juevenilles
Term
changes to death penalty
Definition
couldnt determine fairness, seemed random
Term
race of defendants executed and race of victim in death penalty cases
Definition
blacks and hispanics are treated more harshly at every level of the justice system. 13% blacks 2% whites
Term
what country has the highest incarceration rate?
Definition
the U.S.
Term
Amount and percentage distribution of persons under correctional supervision in the United States
Definition
1 in 100 adults are behind bars. 58% on probation, 20% in prison, 11% parole/jail. 7.3 million people
Term
Causes of high and increasing incarceration rates in the United States
Definition
-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
Term
Factors contributing to rising cost of imprisonment
Definition
-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
Term
inmate rights
Definition
hands off policy, civil rights, no cruel or unusual punishment= overcrowding, food, solitary confinement, unsanitary conditions, medical and mental health
Term
According to the Trammell article, how is the inmate code now different than it was decades ago?
Definition
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
Term
As discussed in the Trammell article, what is the difference between the inmate identity and the convict identity?
Definition
inmates dont associate with the code convicts do
Term
As described in the Trammell article, what is a “shot-caller,” a “lieutenant,” a “soldier,” an “associate,” and a “prospect”?
Definition
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
Term
In Trammell’s study, how did the inmates define/describe “doing good time”?
Definition
they followed the rules and avoided problems
Term
In Collica’s study, what did she find out about the “pseudo family”?
Definition
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
Term
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?
Definition
no they make the most out of incarceration and follow the rules more.
Term
As described in the Johnson and McGunigall-Smith article, what are the pains of life imprisonment?
Definition
-permanently seperated from family and loved ones
-a lifetime of endless boredom
-loss of choice
-loss of freedom
Term
As described in the Johnson and McGunigall-Smith article, how do LWOP inmates adjust to a life in prison?
Definition
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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