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3rd Test
Chapters 7-13
46
Criminal Justice
Undergraduate 1
12/08/2010

Additional Criminal Justice Flashcards

 


 

Cards

Term
Two categories of defenses
Definition
1.)Affirmative: Recognition of wrongful act but not legally responsible....(no mens rae)
and
2.)conventional: Denial of wrongdoing
Term
Criticisms of Plea Bargaining
Definition
Defendants give up some constitutional rights

Reduces society’s interest in appropriate punishments for crimes

Hidden from judicial scrutiny

Breeds disrespect and contempt of the law

Unjust to those who assert their right to a trial (i.e., federal sentencing and two-point deduction for guilty plea)

Innocent people will plead guilty to acts they did not commit

Public perception of lax justice or ‘getting off easy’ often not true
Term
Criminal Trials
Definition
Most cases do not make it to court due to plea bargaining and
Term
Overview of Trials
Definition
1.)Jury trial
2.)The trial process
3.)Evaluating the jury system
4.)Juries
Term
6 functions of the jury
Definition
1.)Prevent government oppression by safeguarding citizens against arbitrary law enforcement

2.)Determine whether the accused is guilty on the basis of the evidence presented

3.)Represent diverse community interests so that no one set of values or biases dominates decision making

4.)Serve as a buffer between the accused and the accuser

5.)Promote knowledge about the criminal justice system by learning about it through the jury duty process

6.)Symbolize the rule of law and the community foundation that supports the criminal justice system
Term
Jury pool
Definition
those called to jury duty who arrive in court
Term
voir dire
Definition
questioning the jury
Term
Goals of jury
Definition
Both sides say that they want neutral jury but in reality want one that's sympathetic to their sides....
Term
Batson v. Kentucky
Definition
Cannot use peremptory challenge for racial discrimination in jury selection. Subsequently extended to other criteria (gender, ethnicity)
Term
Miller-El v. Dretke (2005)
Definition
Texas death penalty case. Note the initial murder and trial occurred in 1985.
Term
Size of jury
Definition
Federal juries have to have 12 jurors but state ones can have as few as 6
Term
8 steps of trial process
Definition
Selection of the jury

Opening statements by prosecution and defense

Presentation of the prosecution’s evidence and witnesses

Presentation of the defense’s evidence and witnesses

Presentation of rebuttal witnesses

Closing arguments by each side

Instruction of the jury by the judge

Decision by the jury
Term
Affirmative Defense
Definition
Self-Defense

Entrapment

Necessity

Duress (coercion)

Mistake of fact (ignorance)
Diminished Capacity
(Intoxication)

Immaturity

Developmental disability

Insanity
Term
Criminal defense
Definition
Legal response to a crime
Term
Who has the burden of proof?
Definition
The prosecutor has to prove the defendent guilty beyond reasonable doubt
Term
Who has to undermine the prosecution?
Definition
It's the role of the defense to cast doubt on the prosecution...
Term
Trial vs. Appellate Court
Definition
1.)Trial Court: Hear evidence in cases
2.)Appellate Court: Appeal based on error in procedure of law....court does not typically hear evidence.
Term
5 Philosophies of punishment
Definition
Retribution

Deterrence

Incapacitation

Rehabilitation

Restorative justice (a possible 5th goal)
Term
2 basic sentencing structures
Definition
Indeterminate sentences: Judge sets minimum and maximum time; after the minimum, possible eligibility for parole. Focus on rehabilitation.

Determinate sentences, including mandatory sentences.
Term
Pre-sentencing reports and sentencing guidelines
Definition
A report that outlines recommended sentencing and the relevant information to be considered in making the decision...usually prepared by a court office such as a probation officer....
Term
Community corrections
Definition
Most sentences do not result in corrections. Most community sanctions result in probation.
Term
Methods of community corrections
Definition
house arrest, electronic monitoring, intensive supervision probation, substance abuse treatment, community service, restitution, fines,
Term
Probation
Definition
....is a sentence which involves the conditional release of an offender into the community under the supervision of probation officers...
Term
Parole
Definition
is part of a sentence; offenders are ...conditionally released from prison - strict conditions, remain under state custody.
Ends if the parolee complies with the conditions
Term
recidivism
Definition
return to bad behavior after punishment
Term
Prisoner re-entry
Definition
Restorative justice....it's hard for inmates to reenter society after incarceration in the form of jobs, etc.
Term
Penitentiary
Definition
Institution meant to punish criminals by isolating them from society and themselves so they can reflect on their misdeeds.
Term
PA's separate system
Definition
A system in which isolation and solitary confinement work to allow offenders to reflect
Term
NY's Silent system
Definition
Prisoners held in isolation at night but worked with other prisoners during the day
Term
Organization of confinement in US
Definition
Federal corrections system

State corrections systems

Private prisons – under governmental authority

Juveniles – e.g. reform schools, training schools

Jails - Detention and short-term incarceration
Term
Why is there an increase in incarceration?
Definition
Politicians' "get-tough" method, war on drugs, parole violations, and tougher sentencing policies
Term
Prison Industrial Complex or PIC
Definition
“a set of bureaucratic, political, and economic interests that encourage increased spending on imprisonment, regardless of the actual need.
Term
Challenges of working as a correctional officer
Definition
pay, safety, stress, boredom, danger, feeling like an inmate.
Term
Prison Industrial Complex or PIC
Definition
“a set of bureaucratic, political, and economic interests that encourage increased spending on imprisonment, regardless of the actual need.
Term
classification of prisoners
Definition
The process of assigning an inmate to a category specifying his or her needs for security, treatment, education, work assignment, and readiness for release
Term
Life in prison
Definition
Harsh conditions, boredom, threat of violence, noise, overcrowding, lack of privacy, humiliation
Term
Prisoner's rights
Definition
Many 1st amendment and 8th amendment rights but no fourth amendment rights
Term
Retribution
Definition
Punishment is inflicted on a person and is deserved; offenders must “pay their debts” because they have harmed others &/or society.
Term
Deterrence
Definition
General deterrence: Punishment of criminals is intended to be an example to the general public to discourage crime

Specific deterrence: Punishment inflicted on criminals to discourage them from committing future crimes
Term
Incapacitation
Definition
Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
Term
Rehabilitation
Definition
Goal: Restore convicted offenders to constructive social role via training (vocational or educational) or therapy
Rehabilitation can be more, and possibly less, than this definition
“Cure” crime and the criminal
Term
Restorative Justice
Definition
Crime is a wrong that hurts, and reflects hurt, of victim (mostly), but also community and offender.
Emphasis on healing and repair
Does not exclude punishment and control.
Crime practically & symbolically denies community
Term
Sentencing
Definition
Determines punishment,based on statues, reflect the dominant values of society at the time.
Term
Influences on sentencing
Definition
The law(above all), prosecutors, defense attorneys, the judge, public opinion, the media, society...
Term
Death penalty
Definition
Increase in the number of people on death row but a decrease in the number of people actually dying of the death penalty
Term
Death penalty and race
Definition
McClesky-disparity vs. discrimination, effect vs. intent, and victim vs. perpetrator.
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