Criminal Process Exam 1

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mandamari3
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Criminal Process Exam 1
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2012-10-04 00:34:02
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  1. Cesare becarria
    • Law & Punishment
    • -punishment needed but only justification is deterrence
    • -must be porpotionate to crime
    • -swift (quick)
    • -certain (always happen)
    • -least amount of punishment possible
  2. Jeremy Betham
    • offender-every act has utiility 
    • seek to maximize pleasure over pain
    • hedonistic calculus
    • to deter make pain of punishment greater than plesure of crime
    • panopticon
  3. john Howard
    • sheriff in England
    • P.O.W. in 1774
    • practitioner
  4. panopticon
    circular prison design that intimidates the prisoner by being constantly observes
  5. Western State Penitentiary
    • panopticon design
    • quakers
    • abanded in 1826
  6. Statesville
    panopticon design
  7. Willliam Penn
    • adopted Quaker code
    • cells in walnut st. jail (Philadephia 1790)
    • based on solitary confinement and prayer
  8. Quakers
    • Quaker code 
    • belief that criminals could be changed
  9. Pennsylvania prison system
    • Western State Penn. abonded in 1826
    • Eastern State Penn 1829 (first real prison)
    • based on solitary confinment, hard work
    • to produce a better person
  10. New York system
    • 1819
    • Labor vs competitive labor
    • state use system
    • prison use
    • geared toward the future
  11. Aburn
    based on quaker code but stopped in 1822 because of insanity and suicide
  12. Elam Lynds
    • Auburn warden in 1831
    • created congregate system
  13. Congregate System
    • coming together for dining,work,outside
    • wearing prison stripes
    • lock step
    • SILENT
  14. Reformatory Movement
    • founded by Macanochie in Norfolk (warden)
    • aimed towards young offenders
  15. Elmira  Reformatory
    • 1876
    • treat prisoner in a way that lets them know they can change
    • end fixed sentences
  16. Zebulan Brockway
    • superintendant
    • for offenders ages 16-30
    • should be more like school
    • give skills, education,discipline
  17. Progressive Era
    • 1890-1930s
    • set political tone within CJ system
    • positivist school of crim.
  18. Postivist school of Criminology
    • crime is not the result of free will but from forces indiv. can't control
    • criminals can be treated to lead a crime free life
    • treatment must be individualized, case by case approach
  19. Medical Model (1930-1960s)
    • Rehabilitation treatment
    • patuxlent Institution Maryland 1955
    • medcine/surgery
    • genetics research
  20. eugenics
    • trying to forbid criminals from reproducing 
    • Competitons for awards for good birth
  21. Community Model
    • 1960s
    • to prepare individuals for re-entry into society
    • bad timing
  22. Crime Control Model
    • 1970s
    • "nothing works"
    • fixed sentences retuen
    • death penalty
    • 3 strike rule
    • politics get in the way
  23. retribution
    • punishment
    • making the person pay for whay they did (revenge)
  24. Detterence
    • Classical School
    • utility greater than punishment
    • general-punishment serves as ex
    • specific-fit punishment to get indiv. to deter
    • system must work everytime
  25. Incapacitation
    • detain criminals for reduction of crime
    • selective-certain offenders recieve lengthy confinement
  26. Rehabilitation
    • rehab 
    • lack of success maybe because of measurement,cotext,implementation or population
  27. determinate sentence
    a determined sentence (10 years)
  28. indetermined sentence
    undetermined sentence (5-10 years)
  29. Mandatory Sentence
    • focus on the crime
    • mandotory time imposed because of the act
  30. sentencing guideline
    • voluntary: suggestion
    • presumptive: law (min & max)
  31. court context
    • background of the judge (working,high class)
    • celebrity of the case: high profile cases
    • election year of judge
    • presentence report: background of the offender
    • diversion: connection with humans
  32. Jails
    • entry into corrections
    • daily counts
    • 3300 
    • shire reeve jail in their homes & pay a fee system
    • most are run by county sheriffs
  33. Largest Jails in the US
    • Rikers Island
    • LA county
  34. holding tank
    • pre dentention
    • holds 15-40 ppl
    • detainees have many needs such as substance abuse,medical and mental
  35. bail process
    • amount varies by crime
    • cash bail- cash
    • surety bond- use a bail bondsman for a fee of usually 10% interest
  36. realease on recognizance
    • release from jail with a promise to return 
    • based on ties to the community
  37. preventive detention
    can't release because they might cause harm or pose a threat to the community
  38. pre-trial diversion
    • minor offenses
    • mental heath,drug,and homeless courts
  39. podular unit
    • pod and modular design
    • officers inside the pod 
    • one room with a bunch of cells with interaction space
  40. continuium of sanctions
    Low control:- Fines, day fines, probation, community punishment, ISP,jail, shock incaceration, prison-High Control
  41. Day fine
    • base fine on income earned in a day
    • based on offenders income & obligations
  42. restitution
    • pay $ equal to crime
    • community service 
  43. Intensive supervised Probation
    • reduced caseloads
    • frequent check-ins & visits
    • 70% violation
  44. House arrest
    • visible punishment
    • withholding in the home
    • electronic monitoring- tether in MI
  45. Shock incarceration
    • concept capturig the most unsettling parts of punishments
    • boot camp-special alternative incarceration, usually last 90 days, try hard not let them fail
    • no underlying theory, lack of support after program
  46. interchangability
    • issues with shock incarceration
    • which programs are equal and how 
    • bias against class and gender
    • public information
  47. # of state & federal prisons
    • state- almost 1600
    • federal 117
  48. 4 main prison designs
  49. mass incaceration
    a term for the high rates of incaceration in the U.S
  50. prison industrial complex
    the multibilliondollar prison building boom where powerful bussinesses and politicians join together to profit from the corrections industry
  51. code of hummurabi
    law code issued during hummurabi reign over babylon includes lex talionis
  52. First congertional Congress
    • a congress in cincinati that progressive ideas about corrections
    • Declaration of Principles
  53. Maison de Force
    a combination of workhouse, poorhouse and reformatory which required all occupants to work
  54. Penitentiary
    prison in which people found guilty of felonies are isolated from society
  55. Concurrent sentences
    sentences imposed at the same time and served simultaneously
  56. consecutive sentences
    sentences imposed at the same time served one after the other
  57. truth-in-sentencing
    close connection between the imposed sentence and the actual time served
  58. bail reform act of 1984
    formalized preventive dentention provisions for those considered dangerous or unlikely to return to court
  59. first-generation jail
    staff providing linear surveilance of inmates by controlling the corridors and observing the inmates in their cells
  60. manhattan bail project
    institute of justice program that provivded ROR releasefor elgible defendants
  61. booking
    the process of admitting arrestee or sentenced misdemeanant to jail
  62. second-generation jail
    staff use remote supervision as they remian in a secure control booth surrounded by pods or living areas
  63. community corrections act (CCA)
    acts through which local gov. that participate recieve subsidies for diverting minor offenders from state prisons
  64. bridewells
    houses of correction run by local authorities to teach habits of industry to idlers (labor)
  65. deffered sentence
    sentance that delays conviction on a guilty plea until the sentenced offender has sucessfully served their probation term
  66. new penology
    a new approach in probation and other community based corrections that focuses on admin. control and regulation than on treatment and services.
  67. civil forfeiture
    to confiscate property used in law violationsn and remove illegally gained profits from violators
  68. drug courts
    courts designed for non violent offenders with substance abuse issues
  69. execution
    putting an inmate to death

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