Term
| Two categories of defenses |
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Definition
1.)Affirmative: Recognition of wrongful act but not legally responsible....(no mens rae)
and
2.)conventional: Denial of wrongdoing |
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Term
| Criticisms of Plea Bargaining |
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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 |
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Term
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Definition
| Most cases do not make it to court due to plea bargaining and |
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Term
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Definition
1.)Jury trial
2.)The trial process
3.)Evaluating the jury system
4.)Juries |
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Term
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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 |
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Term
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Definition
| those called to jury duty who arrive in court |
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Term
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Definition
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Term
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Definition
| Both sides say that they want neutral jury but in reality want one that's sympathetic to their sides.... |
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Term
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Definition
| Cannot use peremptory challenge for racial discrimination in jury selection. Subsequently extended to other criteria (gender, ethnicity) |
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Term
| Miller-El v. Dretke (2005) |
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Definition
| Texas death penalty case. Note the initial murder and trial occurred in 1985. |
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Term
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Definition
| Federal juries have to have 12 jurors but state ones can have as few as 6 |
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Term
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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 |
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Term
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Definition
Self-Defense
Entrapment
Necessity
Duress (coercion)
Mistake of fact (ignorance)
Diminished Capacity
(Intoxication)
Immaturity
Developmental disability
Insanity |
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Term
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Definition
| Legal response to a crime |
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Term
| Who has the burden of proof? |
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Definition
| The prosecutor has to prove the defendent guilty beyond reasonable doubt |
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Term
| Who has to undermine the prosecution? |
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Definition
| It's the role of the defense to cast doubt on the prosecution... |
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Term
| Trial vs. Appellate Court |
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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. |
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Term
| 5 Philosophies of punishment |
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Definition
Retribution
Deterrence
Incapacitation
Rehabilitation
Restorative justice (a possible 5th goal) |
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Term
| 2 basic sentencing structures |
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Definition
Indeterminate sentences: Judge sets minimum and maximum time; after the minimum, possible eligibility for parole. Focus on rehabilitation.
Determinate sentences, including mandatory sentences. |
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Term
| Pre-sentencing reports and sentencing guidelines |
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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.... |
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Term
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Definition
| Most sentences do not result in corrections. Most community sanctions result in probation. |
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Term
| Methods of community corrections |
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Definition
| house arrest, electronic monitoring, intensive supervision probation, substance abuse treatment, community service, restitution, fines, |
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Term
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Definition
| ....is a sentence which involves the conditional release of an offender into the community under the supervision of probation officers... |
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Term
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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 |
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Term
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Definition
| return to bad behavior after punishment |
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Term
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Definition
| Restorative justice....it's hard for inmates to reenter society after incarceration in the form of jobs, etc. |
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Term
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Definition
| Institution meant to punish criminals by isolating them from society and themselves so they can reflect on their misdeeds. |
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Term
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Definition
| A system in which isolation and solitary confinement work to allow offenders to reflect |
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Term
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Definition
| Prisoners held in isolation at night but worked with other prisoners during the day |
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Term
| Organization of confinement in US |
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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 |
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Term
| Why is there an increase in incarceration? |
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Definition
| Politicians' "get-tough" method, war on drugs, parole violations, and tougher sentencing policies |
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Term
| Prison Industrial Complex or PIC |
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Definition
| “a set of bureaucratic, political, and economic interests that encourage increased spending on imprisonment, regardless of the actual need. |
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Term
| Challenges of working as a correctional officer |
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Definition
| pay, safety, stress, boredom, danger, feeling like an inmate. |
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Term
| Prison Industrial Complex or PIC |
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Definition
| “a set of bureaucratic, political, and economic interests that encourage increased spending on imprisonment, regardless of the actual need. |
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Term
| classification of prisoners |
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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 |
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Term
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Definition
| Harsh conditions, boredom, threat of violence, noise, overcrowding, lack of privacy, humiliation |
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Term
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Definition
| Many 1st amendment and 8th amendment rights but no fourth amendment rights |
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Term
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Definition
| Punishment is inflicted on a person and is deserved; offenders must “pay their debts” because they have harmed others &/or society. |
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Term
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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 |
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Term
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Definition
| Depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison |
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Term
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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 |
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Term
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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 |
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Term
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Definition
| Determines punishment,based on statues, reflect the dominant values of society at the time. |
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Term
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Definition
| The law(above all), prosecutors, defense attorneys, the judge, public opinion, the media, society... |
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Term
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Definition
| Increase in the number of people on death row but a decrease in the number of people actually dying of the death penalty |
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Term
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Definition
| McClesky-disparity vs. discrimination, effect vs. intent, and victim vs. perpetrator. |
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