Term
| How many people are incarcerated? |
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Definition
| Over 2 million in jails and prisons. 724 per 100,000 residents |
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Term
| Why is the incarceration rate rising despite the falling crime rate? |
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Definition
| Sentencing policies. Over half are there for drug offenses. |
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Term
| How much times does people spend in LA County jail? |
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Definition
| 10% of time because if not a violent offense because of over crowding. Can't be over 20,000 on any given day. |
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Term
| Before 3 strikes law and mandatory sentencing policies did people get out of prison early? |
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Definition
| Got off after serving 50% of time for good behavior. |
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Term
| After 3 strikes law how much time did the 3 strikers serve in CA? |
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Definition
| Over 8500 3 strikers in CA had to serve 85% of time. |
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Term
| Why is the female prison population growing? |
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Definition
| B/c of drug sentencing policies. More likely than men to serve a prison sentence for a judge charge? |
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Term
| How many inmates are over the age of 55? |
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Definition
| 1 out of every 23 inmates. |
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Term
| Why is difficult to incarcerate older inmates? |
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Definition
| B/C more costly b/c of health issues and people decrease their criminal habits around the age of 40. |
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Term
| How many black males are incarcerated everyday? |
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Definition
| 1 out of 8, between the ages of 25-29. |
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Term
| Why was the 3 strikes law created? |
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Definition
| Polly Klaus was kidnapped and killed by Davis while he as out on parole. |
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Term
| When did CA's 3 Strikes Law go into effect? |
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Definition
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Term
| How do you get your first 2 strikes? |
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Definition
| For serious or violent felonies (murder, robbery, ADW, rape, sex offenses) |
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Term
| How do you get your 3rd strike? |
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Definition
| For any felony, which triggers "25 to life" sentence (judge does not have discretion). |
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Term
| 3 stikes law limits "good behavior" from what % to what %? |
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Definition
| From 50% to 20% (STAY IN JAIL 80% OF SENTENCED TIME) |
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Term
| Why was Prop 66 on the ballot in 2004? |
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Definition
| It aimed to limit third strike for a violent felony. It did not pass. |
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Term
| How many inmates are in prison on their 3rd strike for a nonviolent offense? |
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Definition
| 66% (over half) of inmates |
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Term
| What is the impact of the 3 strikes law? |
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Definition
| Increase in prison population (over 8,500 serving 3 strikes sentence), thousands of cases prosecuted, fewer guilty pleas by defendants, increase in jury trials, increase in persons held in county jails waiting trials, backlogs push less serious cases out of the courts, early release of sentenced offenders from county jail, increase in jail security, modifications made by judge, & augmentations to budgets of criminal justice agencies. |
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Term
| What are aggravating factors in sentencing? |
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Definition
| Murder of a police officer or judge, heinous murder or torture, history of violence murder for hire, murder of two or more person, etc. |
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Term
| What are mitigating factors in sentencing? |
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Definition
| No significant prior history, aberrant behavior, violence or force by another, presence of mental illness or mental retardation, minimal role in offense, etc. |
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Term
| When was the impetus for guidelines established? |
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Definition
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Term
| What are the 2 factors that sentencing in federal crimes are determined by? (Returned the element of discretion) |
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Definition
1) The Statute of the Conviction (sets the max penalty)
2) The Federal Crime Sentencing Guidelines |
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Term
| Arguments for the death penalty |
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Definition
| The imposition of death serves the basic need people have for retribution and vengeance, believe to serve as a deterrent (deters other people from committing the same crime), incompacitation by process of elimination, & it is economical. |
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Term
| Argument against the death penalty? |
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Definition
| Cost of appeals for death row sentencing is so high that it cost more than leaving them in prison for the rest of their lives, it's irreversible, & there's more humane alternatives (life in prison w/out parole), there's the possibility of executing an innocent person, & it violates the 8th amendment (cruel & unusual punishment). |
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Term
| What is the historical overview of the death penalty in England? |
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Definition
| Under English common law the mandatory penalty for murder was death. In the 1700s in England 272 crimes were punishable by death. Dr. Joseph Gitine opposed the death penalty. |
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Term
| When and where was the earliest recorded execution in the US? |
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Definition
| 1622 in Virginia. Daniel Frank was executed for theft. |
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Term
| What was the average number of executions in the US by the 1930s and why is there a decline since the 1960s? |
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Definition
| 167 per year and a decline due to a variety of legal concerns. |
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Term
| What was the ruling for Furman v. Georgia? |
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Definition
| The US Supreme Court case of 1972. Issue was whether the death penalty was being arbitrarily applied. Concern was you couldn't tell the difference between inmate who got death penalty sentence vs. who got life w/out parole.Too much discretion was given to judges and jurors. DECIDED THE DEATH PENALTY VIOLATED THE 8TH AMENDMENT, SO ABOLISHED IT ACROSS THE COUNTRY. |
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Term
| What was the decision of Gregg v. Georgia? |
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Definition
| US Supreme Court case of 1976. REINSTATED THE DEARTH PENALTY STATUE b/c they felt comfortable saying that Georgia placed the appropriate legal safeguards (have a certain # of aggravating factors) and made sure every death sentence was automatically reviewed by their Supreme Court. |
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Term
| What was the ruling in the Penry v. Lynaugh US Supreme Court case? |
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Definition
| 1989 case. 5 to 4 decision said it is not unconstitutional to execute someone w/ mental retardation (don't violate 8th amendment). Consider mental retardation a mitigating factor (at the discretion of the court). |
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Term
| What was the ruling in the 2002 Atkins v. Virginia case? |
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Definition
| His IQ was in the mid retardation range. Got permission to hear the case by the Supreme Court. Court found death sentence to be unconstitutional and violates the 8th amendment. Does not satisfy society's need for retribution or deterrence. |
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Term
| What is the average time for CA Supreme Court cases? |
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Definition
| 14 years and 9 months (and counting). |
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Term
| How long did the last CA executions take to take place? |
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Definition
| Have taken 20 years since the time sentenced to death. |
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Term
| What were the reasons for the delay of the last CA executions? |
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Definition
| Appointment of council or multiple state or federal appeals, more cases than the system can accommodate, error in mitigating factors, a dual system of review, & intense judicial. |
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Term
|
Definition
|
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Term
| What does commutation do? |
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Definition
| Reduces the sentence from execution |
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Term
|
Definition
| When the governor no longer wishes to punish the individual and they are released (innocent of the crime) |
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Term
| How many inmates in CA are on death row? |
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Definition
|
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Term
| What is the total number of death sentences in CA from 1977 to 2007? |
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Definition
|
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Term
| How many people have been executed in CA since 1977? |
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Definition
|
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Term
| How appealing, how many cases did the CA Supreme Court uphold? |
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Definition
|
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Term
| After appeals, how many cases did the 9th circuit uphold? |
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Definition
|
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Term
| What is the law of special circumstances (factors required for the death penalty) in CA? |
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Definition
| Murder committed along w/ another felony, laying and wait, poisoning, torturing, killing more than one person, and killing a judge or a police officer. |
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Term
| What was the ruling in the Kennedy v. Louisiana case? |
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Definition
| Kennedy was sentenced to death for raping a child. Appealed and the US SUPREME COURT AGREED THAT IT IS UNCONSTITUTIONAL TO EXECUTE SOMEONE WHO HAS COMMITTED A RAPE (LIMITED EXECUTION TO MURDER). |
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Term
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Definition
| Permits a person to be certified as mentally ill and to be institutionalized against his or her will. Usually done by psychologists or psychiatrist. |
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Term
|
Definition
| The interest of the state in caring for persons unable to care for themselves |
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Term
| What was the history of civil commitment in France and England in the 16th century? |
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Definition
| They used civil commitment for illness and undesirables (homeless). No judicial review process and couldn't challenge involuntary commitment |
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Term
| What was the civil commitment laws like in CA prior to LSP? |
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Definition
| Lax and vague standards. Criminals had more due process rights than mental health patients & no rights once hospitalized. Up until late 1960s placed on CC for a variety of reasons and factor was DO YOU NEED TREATMENT. |
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Term
| When was the Lanterman-Petris Short (LSP) Act passed? |
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Definition
| In 1969 by the CA governor |
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Term
| What is the purpose of the LPS Act? |
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Definition
| To end the inappropriate , indefinite and involuntary commitment of mentally disordered persons, developmentally disabled, and persons impaired by chronic alcoholism, and ensure prompt evaluation, to guarantee and protect public safety, safeguard individual rights through judicial review (WIC 5000) |
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Term
| What is the application for involuntary admission? |
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Definition
| Legal document that is NOT an admission form (at hospital seen again to see if meet 51/50 criteria). If don't meet criteria then has to be released. |
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Term
| Who can initiate an application for involuntary admission? |
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Definition
| In CA peace officers & those persons designated by the county (mental health professionals) |
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Term
|
Definition
| Immune based on good faith. Liable if fill out a false document. |
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Term
| What are our rights as far as civil commitment? |
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Definition
| We have the right to be in the least restricted environment, so need substantial justification. |
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Term
| What is the LSP criteria for civil commitment? |
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Definition
| BEHAVIORAL CRITERIA rather than the need for treatment as justification |
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Term
| What is the definition of a 72 hour hold? |
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Definition
| When any person, as a result of a mental disorder, is a danger to others, or to himself, or gravely disabled, an authorized person may upon probable cause, take, or cause to betaken, the person into custody & place him in a mental facility designated by the county and approved by the State Department of Mental Health as a facility for a 72 hour evaluation. (WIC 5150) |
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Term
| Does there have to be presence of a mental disorder to be placed on a 72 hour hold? |
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Definition
| Does not require that you diagnose a person w/ a mental disorder to make it more objective (besides police officers usually write these) |
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Term
| What is the criteria for a 72 hour hold? |
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Definition
|
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Term
| What was the ruling of People v. Triplett (1983)? |
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Definition
| Since the the LPS Act does not provide a def of probable cause, we have to loo to case law for guidance. DETERMINED THAT PROBABLE CAUSE IS A LAY DECISION, not a clinical one (doesn't require medical diagnosis). |
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Term
| What was the ruling of Wyatt v. Stickney? |
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Definition
| Courts said patients have A CONSTITUTIONAL RIGHT TO RECEIVE INDIVIDUALIZED TREATMENT THAT WILL GIVE THEM A REALISTIC OPPORTUNITY TO BE CURED OR IMPROVE THEIR MENTAL CONDITION. The court also identified various criteria the hospital needs to abide by like the staff ratio & hospital conditions. The unattended consequence was that hospitals that could not meet legal mandates b/c of funding had to release their patients. |
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Term
| What was the Addington v. Texas (1979) ruling? |
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Definition
| US Supreme Court case. States were varying on the level of proof required to place someone on civil commitment. It standardized the level to CLEAR & CONVINCING EVIDENCE. |
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Term
| What is the def of a gravely disabled (GD) adult? |
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Definition
| A condition in which a person, as a result of a MENTAL DISORDER (rather than a chosen lifestyle or lack of funds) is unable to provide for his or her basic needs for food, clothing or shelter (WIC 5008). If a person can survive safely in freedom w/ the help of willing & responsible family members, friends or 3rd parties, then not considered GD. |
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Term
| What is the def of a gravely disabled (GD) minor? |
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Definition
| As a result of A MENTAL DISORDER are unable to use the elements of life which are essential to health, safety and development (including food, shelter, & clothing) even though it is provided to the minor by others. (WIC 5585) |
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Term
| What is the def of a danger to self (DTS)? |
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Definition
| Can be manifested by threats or actions indication the INTENT TO COMMIT SUICIDE OR INFLICT SERIOS BODILY HARM TO ONESELF, or actions which place the person in serious physical jeopardy, IF THESE ACTIONS ARE DUE TO A MENTAL DISORDER. IMMINENT DANGER TO SELF, not just blowing off stream. |
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Term
| What is the def of danger to others (DTO)? |
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Definition
| CAN BE MANIFESTED BY WORDS OR ACTIONS indicating A SERIOUS INTENT TO CAUSE BODILY HARM TO ANOTHER PERSON DUE TO A MENTAL DISORDER. If based on threats rather than acts, the evaluator MUST BELIEVE IT THE PERSON WILL CARRY OUT THE THREATS. (WIC 5150). |
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Term
| What does not constitute for civil commitment? |
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Definition
| Mental retardation of other developmental disabilities, alcoholism, other drug abuse, or repeated antisocial behavior DON'T BY THEMSELVES CONSTITUTE A MENTAL DISORDER. |
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Term
| What is the 5150 civil commitment? |
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Definition
| A 72 hour hold, most common type, & is a brief observation period. |
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Term
| What is 5250 civil commitment? |
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Definition
An additional 14 day hold after the 5150 expires and they still meet behavioral (LSP) criteria.
(Only 1% go on to 5260, which is an additional 14 day hold). |
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Term
| What is a probable cause hearing? |
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Definition
A legal hearing on whether to uphold initial civil commitment. An hearing officer (judge) makes the ultimate decision based on CLEAR & CONVINCING EVIDENCE.
Psychologists represents the hospital. Patients can be present & participate & are represented by a patient's rights advocate.
Only determine whether to hold in the hospital, BUT NOT FORCIBLY MEDICATE. |
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Term
| What is a Riese Petition? |
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Definition
The patient CANNOT BE INVOLUNTARILY MEDICATED SOLELY ON BASIS OF CIVIL COMMITMENT.
REQUIRED BY LAW TO SAFEGUARD OUR CIVIL LIBERTIES.
There is a separate hearing to determine whether person is competent to refuse psychotropic medications. Needs a rational basis to refuse meds. |
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Term
| What is Writ of Habeas Corpus? |
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Definition
| Criminal & civil hearings to determine if being lawfully detained. Brought before court or done in hospitals or jails. |
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Term
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Definition
| A court created ARRANGEMENT that gives one person (the conservator) AUTHORITY TO MAKE SPECIFIC KINDS OF DECISIONS ON BEHALF OF ANOTHER PERSON (conservatee). |
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Term
| What are the 2 problems w/ LSP laws? |
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Definition
1) Guidelines are SO STRINGENT that ppl who can benefit from short term hospitalization & treatment are excluded.
2) THE REVOLVING DOOR EFFECT: those who have chronic mental illness does well in a structured environment, have a plan of self care, & gets released. In an unstructured environment stop taking meds, lose psychiatrist #, & end up back in hospital. |
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Term
| What is outpatient commitment? |
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Definition
| The mental health law passed in 2000 that allows for mandatory community based treatment, that includes meds, therapy, & no drug or substance abuse. IF VIOLATE THEN SENTENCED TO INPATIENT COMMITMENT. |
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Term
| What is Kendra's Law? (NY) |
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Definition
INVOLUNTARY OUTPATIENT COMMITMENT.
NY did a study that found that those people had lower re-arrest rates & lower re-hospitalization rates.
Case in 1999, Goldstein pushed her in front of a moving subway. |
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Term
| What is Laura's Law? (CA) |
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Definition
2003 case that passed OUTPATIENT COMMITMENT OF MENTALLY ILL.
Laura Wilcocks volunteering at a mental health clinic & one of the patients assaulted & killed her. |
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Term
| What is the difference between Kendra's and Laura's law? |
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Definition
| Laura's Law can only be enforced if the county chooses to enact the program. (LA has one) |
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Term
| What does probate conservatorship require? |
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Definition
Requires that a court find "CLEAR & CONVINCING EVIDENCE" that the proposed conservatee lacks the mental capacity to do 1 or both of the following:
1) Provide for his personal needs for physical health, food, clothing, or shelter
2) Manage his own financial resources or resist fraud or undue influence
(DOES NOT INCLUDE ABILITY TO PSYCHIATRICALLY HOSPITALIZE OR MEDICATE)
Continues until conservatee dies or a court orders otherwise |
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Term
| Who acts as conservator if no one is around to? |
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Definition
|
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Term
| What does LPS Conservatorship require? |
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Definition
A COURT OR JURY FINDING that the proposed conservatee is "BEYOND A REASONABLE DOUBT" GRAVELY DISABLED DUE TO A MENTAL DISORDER.
It expires after 1 year & must reapply.
May grant certain "powers" : powers 6,7,8a |
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Term
| What was the outcome in the US Supreme Court Barefoot v. Estelle (1983) case? |
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Definition
| It was about DANGEROUSNESS. Determined that PSYCHOLOGIST CAN PROVIDE OPINIONS, aggravating factor, & can be used for the death penalty |
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Term
| What was the ruling of the US Supreme Court Payne v. Tennessee (1991) case? |
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Definition
Allowed the INTRODUCTION OF VICTIM IMPACT STATEMENTS.
Argument against it was victim statements are prejudicial, bias, & unconstitutional. |
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Term
| What was the outcome of the US Supreme Court Ford v. Wainwright (1986) case? |
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Definition
(EXECUTING THE INSANE). Found it's UNCONSTITUTIONAL TO EXECUTE SOME1 WHO IS NOT COMPETENT b/c cannot provide defense attorney info & madness is a punishment in itself. Also can't make peace w/ God.
In 1974 Ford was convicted of murdering a police officer & sentenced to death. Showed symptoms of incompetency while on death row.
Also death does not serve retribution or deterrent. |
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Term
| What was the ruling of the State v. Perry (Louisiana, 1992)? |
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Definition
CAN'T FORCIBLY MEDICATE SOME1 TO MAKE THEM COMPETENT TO EXECUTE THEM. THIS DOES NOT INSTITUTE MEDICAL TREATMENT & VIOLATES 8TH AMENDMENT.
Perry convicted of murdering 5 fam members & became psychotic while awaiting execution. |
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Term
| What are the phases of a CA Capital Case Trial? |
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Definition
Jury selection
Guilt phase
Special circumstances
Sanity Phase
Mental Retardation
Penalty Phase |
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Term
| What was the ruling in the Baze v. Rees case? |
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Definition
(CONSTITUTIONALITY OF LETHAL INJECTION). Does it violate 8th amendment?
US Supreme Court said w/ the APPROPRIATE MEDICAL SAFEGUARDS IT IS A HUMAN METHOD OF EXECUTION AND DOES NOT VIOLATE AMENDMENT |
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Term
| Is the gas chamber constitutional? |
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Definition
In 1994 CA FEDERAL COURT SAID IT'S UNCONSTITUTIONAL & have to administer injection.
Up until 1993 people could choose gas chamber or lethal injection |
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Term
| What was the Morales federal lawsuit? |
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Definition
To test to determine if CA procedure meets Baze standard.
FROM 06 TO 10' COULD NOT EXECUTE ANY1. TOOK CA 4 YEARS TO APPLY SAFEGUARDS & CONTINUE EXECUTIONS. Now resolved, but still no executions.
Morales was convicted of murder of a 17 yr old. The 9th Circuit called and halted his execution. Attorney argued high on PCP and crime was not meditated.
Unconstitutional b/c inhumane and painful. |
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Term
| When did determinant (predetermined sentence range) sentencing laws go into effect? |
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Definition
|
|
Term
| What is the default mid-range for predetermined sentencing? |
|
Definition
|
|
Term
| Where and why was the 1st juvenile executed? |
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Definition
| Plymouth Colony is 1642 for sex w/ animals (beastality) |
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Term
| What was the Thompson v. OK (1988) ruling? |
|
Definition
| UNCONSTITUTIONAL TO EXECUTE SOME1 15 & YOUNGER AT TIME OF THE CRIME |
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Term
| What was 1989 Stanford v. Kentucky ruling? |
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Definition
| IT IS CONSTITUTIONAL TO EXECUTE 16 & 17 YEAR OLDS |
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Term
|
Definition
| 5 TO 4 DECISON, CAN'T EXECUTE OFFENDERS UNDER 18 |
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Term
|
Definition
| UNCONSTITUTIONAL OF LIFE IN PRISON W/OUT POSSIBILITY OF PAROLE FOR A NON-HOMICIDE CRIME IF JUVENILE |
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Term
| What is the role of an Expert Witness? |
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Definition
| To educate the court about matters that are beyond the lay person's understanding |
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Term
| What is the role of a Fact witness? |
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Definition
| State direct observations, do not give opinion by virtue of education, or training has specialized knowledge about a subject & beyond that of a lay person. DOES GIVE OPINION. (psychologist doing treatment) |
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Term
| What is the purpose of the CA Board of psychology? |
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Definition
| To regulate providers of psychological services w/ the goal of protecting the public from unethical providers. To accomplish goal established minimum levels of competency and qualifications. Also investigate unethical or illegal conduct & initiate disciplinary actions when warranted (remove l's, probation). Made up of 5 psychologist & 4 private citizens. |
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