Shared Flashcard Set

Details

Probation and Parole
Juvenile Court/Youthful Offender Status/Parole
20
Criminal Justice
Undergraduate 3
11/07/2011

Additional Criminal Justice Flashcards

 


 

Cards

Term
Thompson V. Oklahoma
Definition
Supreme Court Case where it was determined juveniles above the age of 16 could be executed.
Term
Ropper V. Simmons
Definition
Supreme Court Case where Thompson V. Oklahoma was overruled.
Term
Methods of transfering a juvenile to adult court.
Definition

Statutory Exclusion - Automatic Transfer for serios offenses

 

Judical waver - The judge waves jurisdition over the case.

 

Prosecurial Discretion

Term
Legal age of juveniles in Alabama
Definition
18 and below
Term
The Four Steps of Juvenile Court
Definition

1) Intake - Initial processing. They determine whether the case will be handled offically or unoffically.

2) Preliminary Hearing - First court hearing. They determine if the juvenile will be released of held in custody if he/she is a threat to society.

3) Ajudicatory Hearing - This hearing determines guilt or innocence. Wittnesses are called etc. Requires proof beyond a reasonable doubt. 

4) Dispositional Hearing - This is a sentencing hearing.

Term
Alabama Juvenile Prison
Definition

Mt. Megs

Run by the Alabama Department of Youth Services

Term
Maximum Sentence for a Juvenile Offender
Definition
Three Years
Term
Kent V. United States
Definition
Supreme Court Case. It determined that if a judge waves jurisdiction of a juvenile then a waver hearing must be held.
Term
Breed V. Jones
Definition
Supreme Court Case. The courts must not violate the double jepordy clause of the 5th amendment by waving jurisdiction after finding guilt.
Term
What Does Youthful Offender Status Provide?
Definition
These laws alow an individual no longer under juvenile court jurisdiction to recieve special juvenile treatment.
Term
Requirements to be eligable for youthful offender status
Definition

Older than 18, no older than 21

Must not have recieved youthful offender status before.

Must have entered a plea of guilty. 

 

Term

Manditory Release

 

Associated with what type of sentencing?

Definition

The inmate is released after serving entire sentence minus good time.

Maxed Out - Served entire sentence

 

Associated with determinant sentencing

punishment and retribution

Term

Discretionary Release

 

Associated with what type of sentencing?

Definition

Released by decision of the parole board.

 

Associated with indeterminant sentencing

Rehabilitation, 

Term
Types of Executive Clemency (3)
Definition

Commutation - Modifing the prisoners sentence to benefit the offender.

 

Judicial Repreve - Temporary suspension of a sentence.

 

Pardon - Removes the burdons of being an offender. Right to vote, be employed by the government etc.

Must wait 2 years after end of sanctions.

Must demonstrate the need for a pradon

Must demonstrate good citizenship

Term
Name of 2011 Alabama Parole Board Members
Definition

Wynne

Longshore

Walker

Term
First US Parole System
Definition

Established by Zebulon Brockway

At the Elmira Reformatory

Brockaway recommended parole last no more than 6 months

Term
Parole Revokation Process
Definition

1. Officer becomes aware of violation

2. Warrent is issued for the parolees' arrest

3. Bail is set high, due to flight risk

4. Reprt is prepared by parole officer

5. Preliminary Hearing - requires only probable cause. Hearing done before parole officer not associated with the case. Not conducted by a judge. If probable cause is not established parolee is released to parole status. If probabse cause is established the case goes before the parole board. 

6. The parole board accounts for mitigating circumstanes, adjustment under supervision, and recommendations from the hearing officer. 

7. The board could either restore the parolee to supervision, restore to supervision with an amended order, or revoke parolee and return to prison. 

Term
In Re Winship
Definition
Changes the requirements of guilt in a juvenile case from a presponderance of evidence to beyond a reasonable doubt.
Term
Percentage of Alabama Inmates released on parole
Definition
18%
Term
Differences between parole revocation and probation revocation
Definition

1) The probationer has the right to an attorney while the parolee does not.

2) The probationers' case is hear infront of a judge while the parolees' case is heard infront of a neutral parole officer.

3) The standard of truth for a probationer is a persponderance of evidence while it is probable cause in parole revocation.

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