soc criminal test

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vivianwa
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115709
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soc criminal test
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2011-11-12 20:24:56
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soc criminal test
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  1. first appearrance
    an appearance before a magistrate during which the legality of the defendants arrest is intially assessed and the defendant is informed of the charges on which he or she is being held- at this stage bail may be set or pre t5ial release arranged.
  2. bail bond
    a document gauranteeing the appearance of a defendant in court as required and recording the pledge of money or property to be paid to the court if he does not appear which is signed by the person to be released and anyone else acting on his behalf.
  3. release on recogizance
    the pretrial release of a criminal defendant on his or her written promise to appear in court as required- no cash or property bond is required
  4. property bond
    the setting of bail in the form of land, houses stocks or other tangible property.
  5. conditional release
    the release by executive decision of a prisoner from a federal or state correctional facility who has not served his full sentence and whose freedom is contigent on obeygin specified rules of behavior
  6. danger law
    a law intened to prevent the pretrial release of criminal defendants judges to represent a danger to others in the community
  7. competent to stand trial
    a finding by a court that the defendant has sufficient present ability to consult with his attorney with a reasonable degree of rational understanding and that the defendant has a rational as well as factual understanding of the proceedings against him.
  8. plea
    in criminal proceedings the defendants formal answer in court to the charge contained in a complaint, information or indictment that he is guilty of the offense charged, is not guilty of the offense charged or does not contest the charge
  9. nolo contendere
    a plea of no contest is used when the defendant does not wish to contest conviction. b/c the plea does not admit guilt however it cannot provide the basis for later civil suits that might follow a criminal conviction.
  10. plea bargaining
    the process of negotiating an agreement amoung the defendant the prosecutor and the court as to an appropriate plea and associated sentence in a given case. plea bargaining circumvents the trial process and dramatically reduces the time required for the resolution of a criminal case.
  11. rule of evidence
    court rules that govern the admissibilty of evidence at criminal hearings and trials.
  12. adversarial system
    the 2 sided structure under which american criminal trial courts operate. the adversarial system pits the prosecution against the defense, in thoery justice is done when the most effective adversry is able to cinvince the judge or jury that his perspective on the case is the correct one.
  13. speedy trial act
    a 1974 federal law requiring that proceedings aginst a defendant in a federal criminal case begin within a specified period of time such as 70 working days after indictment, some staes also have speedy trial requirments
  14. peremptory challenge
    the right to challenge a potential juror without disclosing the reason for the challenge. prosecutors and defense attornyes routinely use preemptiory challeneges to eliminate from juries individuals who although they express no obvious bias are thought to be capable of swaying the jury in an undesirable direction.
  15. jury selection
    the process whereby according to law and precedent members of a trial jury are chosen.
  16. scientific jury selection
    the use of correlational techniques from the social sciences to gauge the likihood that potneial jurors will vote for conviction ro aquital
  17. sequester jury
    ajury that is isolated from the public during the course of the trial and throughout the delibertaion process
  18. opening statement
    the intial statement of the prosecutor or the defense attorney made in a court of law to a judge or jury describing the facts that he intends to present during trial to prove the case
  19. evidence
    anything usefuk to a judge or jury in deciding the facts of a case, evidence may tak the form of witness testimony, written documents, videotapes, magnetic media, photographs, physical objects and so on
  20. direct evidence
    evidence that if belived directly proves a fact. eyewitness testimony and videotaped documentation account for the majority of all direct evidence heard in the criminal courtroom
  21. circumstancial evidence
    evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates
  22. real evidence
    evidence that consists of physical material or traces of physical activity.
  23. probative value
    the degree towhich a particular item of evidence is useful in and relevant to proving something important in a trial
  24. testimony
    oral evidence offered by a sworn witness on the witness stand during a criminal trial
  25. perjury
    the intentional making of a false statement as part of the testimony by a sworn witness in a judical proceeding on a matter relevant to the case at hand
  26. hearsay
    something that is not based on the personal knowledge of a witness. witnesses who testify about something they have heard.
  27. hearsay rule
    precedent that hearsay cannot be used in american courtrooms. rather than acceoting testimony based on hearsay that court will ask the orginal source of the hearsay infromation be broght in to be questioned and criss-examined- excepions may happen when the person is dead or otherwise unable to testify
  28. closing argument
    an oral summation of a case presented to a judge or to a judge and jury by the prosecution or by the defense in a criminal trial
  29. verdict
    the decision of the jury in a jury trial or of a judical officer in a non jury trial
  30. sentencing
    the imposition of a criminal sanction by a judical authority
  31. retribution
    the act of taking revenge on a criminal perpetrator
  32. just desserts
    a model of criminal sentencing that holds that criminal offenders deserve the punishment they recive at the hands of the law and that punishments should be appropriate to the type and severity of the crime committed
  33. incapacitation
    the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
  34. deterrence
    a goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment
  35. specific deterrence
    a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repaet criminality
  36. general deterrence
    a goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an ex. of the person sentenced
  37. rehabilitation
    the attempt to reform a criminal offender, also the state in whicch a reformed offender is said to be
  38. restoration
    a goal of criminal sentencing that attemps to make the victim whole again
  39. restorative justice
    a sentencing model that builds on resitution and community participation in an attempt to make the victim whole again
  40. indeterminate sentencing
    a model of criminal punishment that encourages rehabilitation though the use of general and relatively unspecific sentences
  41. gain time
    the amount of time deducted from time to be served in prsion on a given sentence as a consequence of participation in special projects or programs
  42. good time
    the amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior
  43. proportionality
    a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed
  44. equity
    a sentencing principle based on concerns with social equality that holds that similar crimes should be punsihed with the same degree of severity, regardless of the social or personal characteristics of the offenders
  45. social debt
    a sentencing principle that holds that an offenders criminal history should objectively be taken into account in sentencing decision
  46. structures sentencing
    a model of criminal punihment that includes determinate and commission created presumptive sentencing schemes as well as voluntary/advisory sentencing guidelines
  47. determinate sentencing
    a model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time. under the model for ex. all offenders convicted of the same degree of burglary would be sentenced to the same length of time behind bars
  48. voluntary/advisory sentencing
    recommeded sentencing policies that ae not required by law
  49. presumptive sentencing
    a model of criminal punishment that meets the following condititons- the appropriate sentence for an offender convicted of a specific charge is presumed to fall within a range of sentences authroized by sentencing guidelines that are adopted by a legislative creaed sentencing commisiion.....
  50. aggravating circumstances
    circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
  51. mitigating circumstances
    circumstances relating to the commission of a crime that may be considered to reduce the balmeworhtiness of the defendant
  52. truth in sentencing
    a close correspondence between the sentence imposed on an offender and te time actually served in prison
  53. mandatory sentencing
    a structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes
  54. diversion
    the official suspension of criminal or juvnile proceddings against an alleged offender at any point after a recorded justice system intake, but before the entering of a judgment and referral of that person to a treatment or care program administered by a non justice or private agency
  55. alternative sentencing
    the use of court ordered community service, home detention day rporting drug treatment, psychological counseling, victim offender programming or intensive supervision in lieu of other more traditonal sanctions such as imprisonment and fines
  56. presentence investigation
    the examinatin of a convicted offenders background prior to sentencing- are generally conducted by probation or parole officers and are submitted to sentencing authorities
  57. victim impact statement
    the in court use of victim or survivor supplied information by sentencing authorities seeking to make an informed sentencing decision
  58. capital punishment
    the death penalty. is the most extreme of all sentening options
  59. capital offense
    a criminal offense punishable by death
  60. writ of hebeas corpus
    a writ that directs the person detaining a prisoner to bring him or her before a judicial officer to determine the lawfulness of the imprisonment
  61. community corrections
    the use of a variety of offically ordered program based snactions that permit convicted offenders to remain in the community under coniditional supervision as an alternative to an active prison sentence
  62. probation
    a sentence of imprisonment that is suspended, also the conditional freedom granted by a judical officer to a cinvicted offender as long as the person meets certain conditions of behavior
  63. probabtion revocation
    a court order taking away a convicted offenders probationary status and usually withdrawing the conditional freedom associated with that status in repsonse to a violation of the conditions of probation
  64. parole
    the status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his sentence is placed under the supervision of a parole agency and is requiired to observe the conditions of parole
  65. reentry
    the managed return to the community of an individual released from prison, also the sucessful transitioning of a released inmate back into the community
  66. parole board
    a state paroling authority, most states have aprole boards that decide when an incarecerated offender is ready for conditional release. some boards also function as revocation hearing panels
  67. discretionary release
    the release of an inmate from prison to supervision that is decided by a parole board or other authority
  68. mandatory release
    the release of an inmate from prison that is determined by statue or sentencing guidleines and is not decided by a parole board or other authority
  69. parole/probation violation
    an act or a failure to act by a parolee that does not conform to the conditions of his parole
  70. conditions of parole/probation
    the general and special limits imopsed on an offender who is released on parole. general condittions tend to be fixed by state statue while special conditions are mandated by the sentencing authority and take into consideration the background of the offender and the circumstances of the offense
  71. parole revocation
    the admin. action of a paroling authority removing a person from parole staus in response to a violation of a condition of parole. including committing a new offense this usually results in and offenders return to prison
  72. prison
    a state or federal confinemnt facility that has custodial authority over adults sentenced to confinment
  73. lex talionis
    the law of retaliation often expressed as an eye for an eye
  74. workhouse
    an early form of imprisonment whose purpose was to instill habits of industry in the idle
  75. aubrun system
    a form of imprisonment developed in NYS around 1820 that depended on mass prisons where prisoners were held in congregate fashion and required to remain silent
  76. reformatory style
    a correctional model based on the use of indeterminate sentence and a belief in the possibility of rehabilitation
  77. industrial prison
    a correctional model intended to capitalize on the labor of convicts sentence to confinment
  78. state of use system
    a form of inmate labor in which items produced by inmates may only be sold by or to state offices. items that only the state can sell include licenses and items that can be sold to only that state include furniture and cleaning supplies
  79. ashurst sumners act
    federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison made goods
  80. medical model
    a therapeutic perspective on correctional treatment that applies the diagnostic perspective of medical sciences to the handling of criminal offenders
  81. work release

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