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.
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.
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
the setting of bail in the form of land, houses stocks or other tangible property.
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
a law intened to prevent the pretrial release of criminal defendants judges to represent a danger to others in the community
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.
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
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.
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.
rule of evidence
court rules that govern the admissibilty of evidence at criminal hearings and trials.
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.
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
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.
the process whereby according to law and precedent members of a trial jury are chosen.
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
ajury that is isolated from the public during the course of the trial and throughout the delibertaion process
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
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
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
evidence that requires interpretation or that requires a judge or jury to reach a conclusion based on what the evidence indicates
evidence that consists of physical material or traces of physical activity.
the degree towhich a particular item of evidence is useful in and relevant to proving something important in a trial
oral evidence offered by a sworn witness on the witness stand during a criminal trial
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
something that is not based on the personal knowledge of a witness. witnesses who testify about something they have heard.
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
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
the decision of the jury in a jury trial or of a judical officer in a non jury trial
the imposition of a criminal sanction by a judical authority
the act of taking revenge on a criminal perpetrator
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
the use of imprisonment or other means to reduce the likelihood that an offender will commit future offenses
a goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment
a goal of criminal sentencing that seeks to prevent a particular offender from engaging in repaet criminality
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
the attempt to reform a criminal offender, also the state in whicch a reformed offender is said to be
a goal of criminal sentencing that attemps to make the victim whole again
a sentencing model that builds on resitution and community participation in an attempt to make the victim whole again
a model of criminal punishment that encourages rehabilitation though the use of general and relatively unspecific sentences
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
the amount of time deducted from time to be served in prison on a given sentence as a consequence of good behavior
a sentencing principle that holds that the severity of sanctions should bear a direct relationship to the seriousness of the crime committed
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
a sentencing principle that holds that an offenders criminal history should objectively be taken into account in sentencing decision
a model of criminal punihment that includes determinate and commission created presumptive sentencing schemes as well as voluntary/advisory sentencing guidelines
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
recommeded sentencing policies that ae not required by law
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.....
circumstances relating to the commission of a crime that make it more grave than the average instance of that crime
circumstances relating to the commission of a crime that may be considered to reduce the balmeworhtiness of the defendant
truth in sentencing
a close correspondence between the sentence imposed on an offender and te time actually served in prison
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
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
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
the examinatin of a convicted offenders background prior to sentencing- are generally conducted by probation or parole officers and are submitted to sentencing authorities
victim impact statement
the in court use of victim or survivor supplied information by sentencing authorities seeking to make an informed sentencing decision
the death penalty. is the most extreme of all sentening options
a criminal offense punishable by death
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
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
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
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
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
the managed return to the community of an individual released from prison, also the sucessful transitioning of a released inmate back into the community
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
the release of an inmate from prison to supervision that is decided by a parole board or other authority
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
an act or a failure to act by a parolee that does not conform to the conditions of his parole
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
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
a state or federal confinemnt facility that has custodial authority over adults sentenced to confinment
the law of retaliation often expressed as an eye for an eye
an early form of imprisonment whose purpose was to instill habits of industry in the idle
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
a correctional model based on the use of indeterminate sentence and a belief in the possibility of rehabilitation
a correctional model intended to capitalize on the labor of convicts sentence to confinment
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
ashurst sumners act
federal legislation of 1935 that effectively ended the industrial prison era by restricting interstate commerce in prison made goods
a therapeutic perspective on correctional treatment that applies the diagnostic perspective of medical sciences to the handling of criminal offenders