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Definition
| Suspect is searched, photographed, fingerprinted, and allowed a telephone call. |
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| Suspect appears before a judge or magistrate. The suspect is informed of the charges and bail (if applicable) is set |
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| The suspect is brought before the trial court, informed of the charges, and asked to enter a plea |
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| Prosecutor’s promise of concessions (charge, sentence) for the defendant’s guilty plea |
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| most common solution in a plea bargain |
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| if defendant refuses to plead guilty, he/she proceeds to a jury or bench trial |
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| to protect the community from a defendant committing another crime before trial |
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| A judge’s order that releases an accused from jail with the understanding that he or she will return for further proceedings of his or her own will; used instead of setting a monetary bond |
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| A businessperson who agrees, for a fee, to pay the bail amount if the accused fails to appear in court as ordered |
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| An initial hearing in which a magistrate decides if there is probable cause to believe that the defendant committed the crime with which he or she is charged |
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| The group of citizens called to decide whether probable cause exists to believe that a suspect committed the crime with which she or he has been charged |
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| Motivations for Plea Bargaining |
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Definition
-removes risk that jury or judge will disagree
-Favorable plea bargains are often the best a defense attorney can do for clients, aside from helping them to gain acquittals
-Allows the defendant a measure of control over his or her fate |
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| The master jury list made up of all the eligible jurors in a community |
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| drawing potential jury members together |
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| The preliminary questions that the trial attorneys ask prospective jurors to determine whether they are biased or have any connection with the defendant or a witness (second step) |
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| Anything that is used to prove the existence or nonexistence of a fact |
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| Verbal evidence given by witnesses under oath |
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| Evidence that is brought into court and seen by the jury, as opposed to evidence that is described for a jury |
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Definition
-Crime shows have created an unrealistic expectation about what forensic science can accomplish
-Physical evidence seen on CSI is often not available to prosecutors |
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| Evidence that establishes the existence of a fact that is in question without relying on inference |
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| Indirect evidence that is offered to establish, by inference, the likelihood of a fact that is in question |
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| jury whose members are so divided in their opinions that they cannot reach a verdict |
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| filed claiming that the conditions of her or his imprisonment constitutes cruel and unusual punishment |
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| The philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered |
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| The strategy of preventing crime through the threat of punishment. |
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| A strategy for preventing crime by detaining wrongdoers in prison |
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| The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished |
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| Legislative sentencing authority |
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Definition
| Legislatures are responsible for making law; also initially responsible for passing the criminal codes that determine the length of sentences |
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Definition
| An indeterminate term of incarceration in which a judge determines the minimum and maximum terms of imprisonment |
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| A period of incarceration that is fixed by a sentencing authority and cannot be reduced by judges or other corrections officials |
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Definition
| A reduction in time served by prisoners based on good behavior, conformity to rules, and other positive actions |
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| Laws and legislative attempts to ensure that convicts will serve approximately the terms to which they were initially sentenced |
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Definition
-During the pretrial procedures and the trial itself, the role is somewhat passive and reactive
-primarily a “procedural watchdog”
-At a traditional sentencing hearing, is no longer an arbiter between the parties
-now called on to exercise the ultimate authority of the state in determining the defendant’s fate |
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Definition
-Capital punishment
-Imprisonment
-Probation
-Fines
-Restitution and community service
-Restorative justice |
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Term
| The two main participants in the sentencing process |
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Definition
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Term
| The presentence investigative report |
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Definition
| An investigative report on an offender’s background that assists a judge in determining the proper sentence |
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| The prosecutor and defense attorney |
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Definition
| Both will try to present a version of the facts consistent with their own sentencing goals |
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-The seriousness of the crime
-Any mitigating or aggravating circumstances |
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| The primary factor in a judge’s sentencing decisions |
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Definition
| The seriousness of the crime |
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| Any circumstances accompanying the commission of a crime that may justify a lighter sentence |
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| Aggravating circumstances |
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Definition
| Any circumstances accompanying the commission of a crime that may justify a harsher sentence |
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Definition
| Judges are not uniform, or even consistent, in their opinions concerning which circumstances are mitigating or aggravating |
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Definition
| A situation in which those convicted of similar crimes do not receive similar sentences |
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| Sentencing Discrimination |
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Definition
| A situation in which the length of a sentence appears to be influenced by a defendant’s race, gender, economic status, or other factor not directly related to the crime he or she committed |
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Term
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Definition
| Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes (discretion are allowed in certain circumstances) |
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Term
| Mandatory sentencing guidelines |
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Definition
| Statutorily determined punishments that must be applied to those who are convicted of specific crimes (example: Three-strikes-and-you’re-out laws) |
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Definition
| The use of the death penalty to punish wrongdoers for certain crimes |
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| bifurcated procedure for capital cases |
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Definition
-A jury determines the guilt or innocence
-The jury reconvenes to decide whether the death sentence is in fact warranted |
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Term
| Is the death penalty applied in a discriminatory manner? |
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Definition
-The black proportion of the death row population is more than triple the black proportion of the population
-African Americans are approximately four times more likely to receive the death penalty if their victim is white than if he or she is black |
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Definition
| A goal of corrections that focuses on preparing the offender for a return to the community unmarred by further criminal behavior |
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Definition
| In the context of corrections, a strategy to divert those offenders who qualify away from prison and jail and toward community-based and intermediate sanctions |
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Definition
| Even though these programs are sometimes perceived as being “soft” on crime, they become popular because they are less costly than incarceration |
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Definition
A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned, so long as she or he follows certain conditions set by the court
-Most common form of punishment in the United States |
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Definition
| imposed on all probationers (regular reports to the probation officer, remaining employed etc.) |
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Definition
| reflect the seriousness of the offense (fines, community service, drug testing etc.) |
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Definition
| imposed to reverse patterns of self-destructive behavior (drug or alcohol treatment etc.) |
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Term
| Two Basic Roles of the probation officer |
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Definition
-Investigative
-Supervisory |
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Definition
-The probation officer establishes a relationship with the offender
-Ideal probation officer-offender relationship is based on trust |
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Definition
| An action taken by a probationer, that although not criminal, breaks the terms of probation as designated by the court; can result in the revocation of probation and a return to prison or jail |
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Term
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Definition
| Three-stage procedure by which the “limited” due process rights of probationers must be protected in potential revocation situations: |
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Term
| Three stages of the revocation process |
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Definition
1. The preliminary hearing- presentation of facts of the violation
2. The revocation hearing-mini trial
3. Revocation sentencing- a.incarceration b.pose stricter probationary conditions c.longer probation |
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Definition
| Probation officers have such large caseloads that they cannot rigorously enforce the conditions imposed on many of their clients |
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Definition
| The majority of probationers complete their terms without being arrested |
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Definition
| A community-based corrections center to which offenders report on a daily basis for purposes of treatment, education, and incapacitation |
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Definition
| A short period of incarceration that is designed to deter further criminal activity by “shocking” the offender with the hardships of imprisonment (e.g., Scared Straight) |
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Definition
| A community-based sanction in which offenders serve their terms of incarceration in their homes |
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Term
| Three general levels of restriction in home confinement |
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Definition
-Curfew-least restrictive
-Home detention-confined to home at all times (except work, religious ceremonies)
-Home incarceration-24/7 |
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Definition
| A technique of probation supervision in which the offender’s whereabouts, though not his or her actions, are kept under surveillance by an electronic device; often used in conjunction with home confinement |
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| types of electronic monitoring |
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Definition
-Programmed contact
-Continuously signaling |
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Definition
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Definition
| An early form of correctional facility that emphasized separating inmates from society and from each other so that they would have an environment in which to reflect on their wrongdoing and ponder their reformation |
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Term
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Definition
Based on the idea of separate confinement
-Inmates were kept separate from each other at all times, with daily activities taking place in individual cells |
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Definition
-Based on congregate system
-Inmates were kept in separate cells during the night but worked together in the daytime under a code of enforced silence |
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Definition
-In the 1870s, a group argued that fixed sentences, imposed silence, and isolation did nothing to improve prisoners
-Proposed promise of early release as a prime tool for rehabilitation |
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Definition
-Criminal behavior was caused by social, economic, and biological factors
-Medical model |
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Definition
| A model of corrections in which the psychological and biological roots of an inmate’s criminal behavior are identified and treated |
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| rising prison populations |
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Definition
| -The number of Americans in prison or jail has almost trippled since 1985 |
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Definition
| A correctional institution designed and organized to control and discipline dangerous felons, as well as prevent escape, with intense supervision, cement walls, and electronic, barbed wire fences |
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Definition
| A correctional institution that houses less dangerous inmates and therefore uses less restrictive measures to avoid violence and escapes |
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Definition
| A correctional institution designed to allow inmates, most of whom pose low security risks, a great deal of freedom of movement and contact with the outside world |
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| General Goals of Prison Administration |
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Definition
-To keep prisoners in
-Keep prisoners safe
-And to do it with fairness, without undue suffering, and as efficiently as possible |
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Definition
| The prison official who is ultimately responsible for the organization and performance of a correctional facility |
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Definition
| Correctional facilities operated by private corporations rather than the government, and therefore, reliant on profits for survival |
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Definition
| Labor costs, competitive bidding |
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| What are the worries of privatizing? |
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Definition
| Financial issues, philosophical issues |
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Definition
| A facility, usually operated by county government, used to hold persons awaiting trial or those who have been found guilty of misdemeanors |
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Definition
-Holding those convicted of misdemeanors
-Receiving individuals pending arraignment and holding them while awaiting trial (if they cannot post bail), conviction, or sentencing
-Housing inmates awaiting transfer to federal or state prisons |
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Definition
| Individuals who cannot post bail after arrest or are not released on their own recognizance and are therefore forced to spend the time prior to their trial incarcerated in jail (30% of jail population; innocent til proven guilty) |
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Definition
| According to the Department of Justice, 38 percent of those in jail have been convicted of their current charges |
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Definition
| felons either waiting for transfer or assigned to jails because of prison overcrowding, probation and parole violators, the mentally ill, and juveniles (32%) |
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