- Legal and administrative actions that take place after arrest and before trial, including grand jury indictments, preliminary hearings, bail, and plea negotiations

- An important component of the justice process because of the majority of all criminal cases are resolved informally at this stage and never come before the courts

Complaint

Indictment or

Information

Arraignment

- A sworn written statement addressed to a court or judge by the police, prosecutor, or an individual alleging that an individual has committed an offense and requesting indictment and prosecution

- Paper filled up by police saying we have arrested this guy, what he did wrong, place and time, would like to prosecute

- Initial trial court appearance, in which the accused is read the charges, advised of his/her rights, and asked to enter a plea

- Comes after a grand jury or Preliminary Hearing

- Defendant informed of charges, appoint counsel, set bail, enter a plea

- Effective assistance of counsel

- The monetary amount required for pretrial release, normally set by the judge at the initial appearance

- The purpose of ________ is to ensure the return of the accused at subsequent proceedings

- Amount of money that serves as a bond to ensure the accused will return for trial

- 8th amendment = legal right to bail

- When bail exceeds the amount reasonably calculated to ensure that the defendant will return for trial because if they don't show up they have to pay the entire amount of money which is an excessive amount that they probably don't have so it ensures that they will show up so they won't have to pay the full amount

- 2/3 of felony defendants are released for bail

- Crime type: if a bad crime they won't get bail

- Prior record: if they have a record they are less likely to have bail

- flight risk: if a citizen of another country or likely to flee won't get bail

- Dangerousness: if a threat to others won't get bail

- Probation / Parole status: you would be committing another crime while on this so you won't get bail

1. Full cash bail

2. Deposit bail 

3. Surety bail  

    4. Conditional bail

   5. Unsecured bail

6. Release on own recognizance

- The defendant deposits a percentage of the bail amount with the court

- If he appears in court he gets his deposit back if he doesn't show up he owes the entire amount of bail

- The defendant pays a percentage of the bond to a bonding agent who deposits the full bail

- The fee paid to the agent is not returned to the defendant if he doesn't show up in court so then the agent has to pay the entire amount of bail

- If that happens the bond agent hires a bounty hunter to find defendants who don't show up in court

- Eligible defendants are released without bail upon their promise to return for trial

- A pretrial release in which a defendant with ties to the community is not required to post bail but promises to appear at all subsequent proceedings

- People who are either denied bail or cannot afford to post bail before a trial and are kept in secure confinement which leads to them more likely to become convicted of crime accused for and more likely to have a longer prison sentence = bad if you can't pay bail

- Not eligible for bail or can't make bail

- More likely to be convicted

- Jail considered weakest link

- End up worse than those who make bail

- Grand jury

- Proving to an objective body that probable cause exists to believe 1. a crime has occurred and 2. accused should stand trial for that trial

- If the grand jury said there was no probable cause the prosecutor or can bring in more evidence

- A written accusation returned by a grand jury, charging an individual with a specified crime after determination of probable cause

- Presented by prosecutor asking if they believe there is or isn't probable cause by the grand jury

- NO probable cause

- The action by a grand jury when it votes to not indict an accused suspect

- IS probable cause

- The action by a grand jury when it votes to indict an accused suspect

- A preliminary hearing is set by the judge

- Prosecutor presents information to the judge wanting him to accept it to show evidence that the accused is guilty

- The defendant can participate and cross-examine so favorable - NOT the grand jury 

- If found innocent prosector can NOT recharge the defendant because it would be double jeopardy because if found not guilty by a judge (if they were found not guilty by the grand jury then could find more evidence)

- Guilty

- Not guilty

- Nolo contendre (No contest)

- A plea of "no contest" - the defendant submits to sentencing without any formal admission of guilt that could be used against him or her in a subsequent civil suit

- Not saying "guilty" or "not guilty", but it is basically admitting guilt without pleading guilty

- Same consequences of pleaing guilty but it may NOT be held against the defendant as proof in later civil matters (cannot be used against you in a civil case)

- Reduction of the charges

- Reduction of the number of counts

- Recommendation of leniency (ex: probation)

- Alteration of charges (ex: if a charge with a bad label like child molestation, the judge will change to a socially acceptable one like assault)

- The number of trials will increase

- Speedy trial problems under the 6th amendment

- The trial of a criminal matter by a judge ONLY

- The accused waives any constitutional rights to a jury trial

- The determining of guilt or innocence

- A judgment concerning criminal charges

1. Impartial Judge - Direct, personal, substantial pecuniary interest in reaching a conclusion against a defendant in his case

2. Competency - if the defendant is considered mentally incompetent his trial will be postponed until treatment renders him capable of participating

3. Confront witnesses: 6th amendment - controls hearsay evidence and confrontation clause

4. Compulsory process - The 6th amendment

5. Impartial jury - 6th amendment - The defendant can choose if they want a trial in front of a judge or jury

6. Counsel - 6th amendment - Pre se defendants can represent themselves so have no lawyer 

7. Speedy trial - 6th amendment

8. Public trial - 6th amendment - trials are open to the public

9. Proof beyond a reasonable doubt - Preponderance of the evidence

1. Jury selection

2. Opening Statements

3. The prosecution's case

4. The criminal defense

5. Closing arguments

6. Instructions to the jury

7. Deliberation and verdict

8. The sentence

9. Appeals

- The group called for jury duty from which jury panels are selected

- Jury array to choose 12

- Jury selection

- The group called for jury duty from which jury panels are selected

- Jury array to choose 12

- Jury selection

- The group called for jury duty from which jury panels are selected

- Jury array to choose 12

- Jury selection

- The process in which a potential jury panel is questioned by the prosecution and the defense in order to select jurors who are unbiased and objective

- Process of selecting jurors can interact with the potential jurors, make strikes to knock people out

- Jury selection

- Dismissal of a prospective juror by either the prosecution or the defense because he or she is biased, has prior knowledge of the case, or for other reasons that demonstrate the individuals' inability to render a fair and impartial judgment 

- Unlimited challenges

- 3 basis for why can challenge a cause because don't want anymore with those characteristics on the jury; they can challenge anyone 1. can show they are biased 2. they have too much prior knowledge 3. they will be unable to render an impartial judgment

- Jury selection

- Dismissal of a prospective juror by the prosecution or the defense for unexplained, discretionary reasons

- A limited number of challenges

- Jury selection

- The initial questioning of one's own witness during a trial

- Prosecutions case

- The questioning of a prosecutions witness by the defense, or vice versa

- Prosecutions case

- A judge's order directing a jury to acquit a defendant because the state has not proved the elements of the crime or otherwise has not established guilt according to the law

- Dismiss him from the criminal case because the prosecutor had strong evidence

- Criminal defense

- A jury's refusal to render a verdict according to the law and fact regardless of the evidence presented and render their decisions based on emotion and personal preference- asked by the defense

- Deliberation and verdict

- A judicial order requesting that a person who detains another person produce the body of the prisoner and give reasons for his or her capture or detention. 

- "______________" is a legal device used to request that a judicial body review the reasons for a person's confinement and the conditions of confinement.

- "______________" is known as "the great writ"

- Appeals; primary means by which state prisoner have their convictions or sentences reviewed in federal court; asks the court to give legal reasons for their incarceration to determine the validity of a detention

- Peremptory challenges issue

- The use of peremptory challenges based solely on race is unconstitutional

- Use of peremptory challenges by pro se violates constitutional rights of solely seen on race

- The most common state-administered punishment was banishment or exile

- Only slaves had harsh punishments

- Ancient people used economic punishments like fines for crimes like an assault on a slave, arson, or housebreaking

- The most common state-administered punishment was banishment or exile

- Only slaves had harsh punishments

- Ancient people used economic punishments like fines for crimes like an assault on a slave, arson, or housebreaking

- Little government control

- Offenses were settled by blood feuds carried out by the families of injured parties

- Later used fines or exchange of land for minimal bloodshed

- Purpose of a fine was to pacify the injured party and ensure that the conflict wouldn't develop into a blood feud

- Execution, banishment, mutilation, branding, and flogging were used on offenders to act as a deterrent but they used it more for retribution in public rather than a deterrent effect

- The criminal wealthy could buy their way out of punishment and into exile

- Capital and corporal punishments were used to control the poor who were executed or mutilated at increasing rates

- Public work and transportation to colonies

- Punishment changed to meet the demands of social conditions 

- Brideswell; workhouse in London and was eventually built in all England counties

- American revolution; ended transportation of felons to North America but continued in New Zealand and Austalia; transported prisoners had hardships and were physically abused 

- Poor laws; poor were put to work in public or private enterprise 

- House of corrections; make it convenient to assign pretty law violators to work

- Gallery slavery; convicted offenders, many convicts killed themselves so they didn't work on the high seas

- A state or federal correctional institution for the incarceration of felony offenders for terms of one year or more

- Liberal reforms

- The primary mode of punishment in the United States since its introduction

- A crime control policy that depends on the fear of criminal penalties (- People should be punished to set an example for others, one person's punishment deters other 

- Should be proportionate and balanced

- Doesn't work well in reality

- Measures like a long prison sentence for violent crimes or the death penalty are aimed at convincing the potential law violator that the pains associated with the crimes outweigh the benefits

- People should be punished with harsh crimes to set an example for others to keep them from committing crimes

- Should be proportionate and balanced

- The effect is less than desired because sometimes causes more crimes 

- Convince bad people that justice will be swift, certain, and severe

- The policy of keeping dangerous criminals in confinement to reduce the risk of their repeating offense in society

- Preventing crime by keeping offenders under control

- Mandatory sentences will keep people from hurting again

- Evidence is mixed

- Diminishing effects; if your offense wasn't that serious and you were put in jail for long periods of time, it is more likely they will come out more harmful and more of a criminal because they learn new things and ways to protect themselves from the worse prisoners

- A crime control policy suggesting that punishment should be severe enough to convince any convicted offenders never to repeat their criminal activity 

- The experience of suffering punishment should stop future law violations

- 68% of those released were recidivists

-****deterring a specific individual so may give judge more discretion to individually sentence that person and if the person had only committed one crime they would have a shorter sentence than if it were someone who committed the same crime multiple times

- The philosophy of justice asserting that those who violate the rights of others deserve to be punished

- The severity of the punishment should be commensurate with the seriousness of the crime = PUNISHMENT SHOULD FIT THE CRIME

- Depends on how blameworthy a victim is

- The punishment should be equal to the crime

- The 8th Amendment speaks to excessive bail

- Retribution goal of sentencing is that offenders should be punished equally and fairly and proportionate to their crime

- The justice system is obligated to help these unfortunate people and not simply punish them for their misdeeds

- Proper treatment will prevent future crimes

- Better for the criminal to help them and make them better and integrate them back into society rather than sending them to jail

- Sparing nondangerous offenders from the stigma and labeling of a criminal conviction and further involvement with the justice process

- Unfair to label criminals because it makes it harder to integrate back into society

- Payback victims, the justice system, and society

- Looking to make victim compensate for what they did wrong so have to restore what you did and help the victim while court is watching over you

- The action or practice of awarding each person his or her just due (Payback victims for their loss)

- Sanctions based on "_________" seek to compensate individual victims and the general society for their losses due to crime

- Not looking to incapacitate or deter them, they want to help the criminal, heal the wound caused by the crime, and heal the criminal, victim, and society (Healing Process)

- Typical in Europe

- Restore the offender to good standing in society

- Only with determinate sentences

- Reduction in sentence for good behavior

- Standard good time; have the ability as an inmate to collect good time which can take time off your sentence if you are well behaved for 30 days you could get so many days of good time

- Earned good time; if you voluntarily get involved in certain programs you can get more good time

- It really affects inmates behaviors and makes them better because want time off of their sentence

- A Fixed term of incarceration, such as three years imprisonment

- "__________" is felt by many to be too restrictive for rehabilitate purposes

- A fixed number of years to be served by the offender sentenced to prison for a particular crime

- Less disparity and uncertainty

- Can set a maximum and judge chooses how much time for sentence

- Absolute number, no parole, you must serve that number that was set unless reduced by good time

- Some flexibility for a judge because they can choose the amount of time

- Offenders are placed in confinement only until they are rehabilitated and then released on parole

- Stated minimum and the maximum sentence for particular criminals

- Judges have the flexibility to see how much time each individual has and has lots of discretion to make decisions

- After serve minimum time, parole board chooses if you can leave on parole or if have to stay

- Judges have flexibility and discretion for sentence to fit the criminal (LET THE SENTENCE FIT THE CRIME)

- Indeterminate 

- Determinate (Sentencing quidelines)

- Mandatory

- A set of standards that defines parameters for trial judges to follow in their sentencing decisions

- Regulate the length of determinate sentences

- Curb judicial discretion

- Created sentencing commissions

- Given by legislature, general rules to follow when sentencing individuals so there is less disparity depends on the seriousness of the crime and if have the criminal has a prior record

- The goal was to reduce the discretion of judges

- A statutory requirement that a certain penalty shall be set and carried out in all cases upon conviction for a specified offense or series of offenses

- Fixed prison sentence for certain crimes

- Limits judicial discretion

- Chronic recidivists; mandatory minimums and no discretion

- It is done so that sentencing is fair and equal and if you commit the crime you will spend so many years in prison for it

- A sentencing scheme requiring that offenders serve at least 85% of their original sentence before being eligible for parole or other forms of early release 

- Require offenders to serve a substantial amount of sentence

- Elimination or reduction of parole and good time

- Can be passed to further restrict people from going on parole

- Limit good time law; must spend spend a certain amount of your sentence in jail no matter how much good time you get

- The severity of the offense

- Offenders' prior criminal record

- Whether the offender used violence

- Whether the offender used weapons

-Whether the crime was committed for money

- Social class; poor people have longer sentences than wealthy

- Gender; women are more likely to receive better sentencing than men

- Age; older defendants have shorter sentences than younger

- Victim characteristics; sentences reduced if have negative qualities (Example: People who raped prostitutes or substance abusers have shorter sentences than women without these characteristics)

- Race; blacks make up 13.1% of the prison population, 40% death row, 38% convicted violent part 1 offenders

- Death Penalty 

- Seen a dramatic increase of people on death row but the DNA cases show they did NOT commit the crime but usually found after they were killed

- ****Only allowed when an aggravated factor is present and there was intentional murder****

- Arbitrary and inconsistent because extralegal factors were considered

- About the death penalty

- Decisions were that the death penalty as applied in 3 Georgia cases was unconstitutional 

- Invalidated death penalty; DEATH PENALTY WAS THEN ILLEGAL FOR 4 YEARS

- Said that the existing death penalty statute is too arbitrary

- About the death penalty; Case in which the death penalty came back, but had the AGGREGATED FACTORS ADDED TO IT

- The decision was the death penalty does not constitute cruel and unusual punishment in all circumstances

- 1st time could look at Georgia's death penalty

- Reviewed the death penalty

- Intentional / felony murder

- Rape

- Mentally ill

- Age (under 18)

- Where the first jail was in James City called the gurney unit

- Medium security jail

- William Penn was the founder of the colony and he forbid torture and mutilation and physical punishment

- Eliminated harsh physical punishments and substituted them with imprisonment

- People were angry because they did not want to pay money for a place for prisoners to live and eat when they could be killed instead 

- Pennsylvania originally

- Refusal to be in war or the military

- Plain dress

- No oath serving

- Opposition to slavery

- Pro prison reform and prosocial injustice

- Again adopted William Penn code

- Quakers resulted in limiting the death penalty to treason, arson, murder, and rape

- 1st jail

- Solitary cells and remained in isolation and did not have the right to work

-**** Birthplace of the modern prison system and of the Pennsylvania system of solitary confinement

- A correctional institution for those convicted of major crimes

- Quarters that contained the solitary or separate cells 

- A correctional institution for those convicted of major crimes

- Quarters that contained the solitary or separate cells 

- Attempted to isolate prisoners by themselves so they can think about the bible and not be near others to get more ideas about crime

- Quakers believed it was not the best way to reform people and rehabilitate them by reading the bible and NOT speaking to other inmates

- Prison system, developed in Pennsylvania during the 19th century, based on total isolation and individual penitence

- About rehabilitation 

- 1st large scale facility to have restrictions of:

1. No corporal punishment

2. Isolation

3. Silence

4. Had to wear hoods when left cell so could not look at other prisoners or guards

- A prison system, developed in New York during the 19th century, based on congregate group working during the day and separation at night

- Have own cells and can't communicate

- Use of prisoners to do congregate work in silence

- Military approach; prisoners march in lockstep and stand at attention= way to impose discipline and if you don't you are physically abused and punished = fear of punishment

- Tier system

- Silent confinement at night

- Saved money because prisoners did the jobs = more worried about making money than healing prisoners

- A type of prison in which cells are located along corridors in multiple layers or levels

- Auburn system

1. detain accused offenders; if arrested and can't make bail

2. Hold convicted offenders; don't have room in the prison

3. Confinement for misdemeanor offenders; jail time can be someone's sentence

4. Probation/parole violations; if bust restrictions can go to jail

5. Prison overcrowding; when state prisons become overcrowded smaller criminals who were not there for violent crimes would go to jail

- Prison overcrowding 

- Mandatory jail time

- As mandatory sentences increase, judicial discretion decreases, jail/prison population increases

- Decline in crime in 1995-present but increase in the jail population

-Men, poor, racial and ethnic minorities are overrepresented 

- Low priority; least amount of money spent on them so get low qualified candidates

- Physical deterioration

- Mental illness; 2/3 inmates have the illness but don't have doctors in jail to help

- Suicide: rates are high

- Continuous observation: direct or indirect

- Officers in pods

- An officer is actually out in the pod with the prisoners with no protection

- Led to a decline in recidivism rates

- The officer is enclosed but can see out where the prisoners are 

- Typically when with violent prisoners

- A prison industry system, widely employed until after the Civil War, in which officials sold the labor of prison inmates to private businesses, for use either inside or outside the prison; A warden would hire out his prisoners to someone who would pay a fee

- Used them to work on fields, manufacture tools

- Warden and prison kept control and supervision over them when they left the prison then came back at night

- Supermax security prison

- Maximum security prison

- Medium security prison

- Minimum security prison

- A form of a maximum-security prison which uses high-level security measures to incapacitate the nations most dangerous, criminals

- Most inmates are in lockdown 23 hours a day

- Only on the Federal level, incapacitate only, not rehabilitating, all want to do is keep you away, terrorists, spies, cartels held here

- A correctional institution that houses dangerous felons and maintains strict security measures, high walls, and limited contact with the outside world

- Serious dangerous prisoners, high level of security, limited visitations, high walls

- A less secure institution that houses nonviolent offenders and provides more opportunities for contact with the outside world

- Not too many violent criminals, guards have guns, guard towers, more visitations, rehabilitation  

- The least secure correctional institution, which houses white-collar and nonviolent offenders, maintains few security measures and has liberal furlough and visitation policies

- Businessmen - White-collar criminals, furlough prisons = go to work during the week and come back on weekends, few guns carried by staff