Corrections Chapter 2.txt

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Corrections Chapter 2.txt
2013-09-19 23:41:14

corrections chapter 2
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  1. Steps in the Legal Process Prior to Trial
    • 1) pretrial detention (jail)
    • 2) bail
    • 3) supervision alternatives
    • 4) diversion
    • 5) legal representation
  2. Pretrial Process for a Felony
    • mores serious
    • possible incarceration of more than one year
    • potential sanctions are more severe
  3. Pretrial Process for a Misdemeanor
    • less serious
    • possible incarceration of less than one year,
    • often involve community-based sanctions
  4. Location of Defendant Pretrial
    • 1) pretrial detention
    • 2) release on own recognizance or posting of bail
    • 3) pretrial diversion
  5. Release on own Recognizance (RoR)
    offender signs a promise to appear in court
  6. Bail
    amount of money the offender must post in cash or with a bondsman (surety) to guarantee his appearance in court
  7. Setting of Bail Depends on
    • the seriousness of the crime
    • offender's prior criminal record
    • offender's ties to the community
    • the likelihood the offender would flee the jurisdiction
  8. Pretrial Diversion
    the suspension of the criminal process while the offender is provided the chance to participate in treatment programs
  9. Alternatives to Bail
    • ROR
    • unsecured bond
    • percentage bond
    • third-party custody
    • collateral
    • surety bond
  10. Unsecured Bond
    offender promises to pay a certain amount of money if he fails to appear in court
  11. Percentage Bond
    offender must pay a portion of the bond amount in cash or other security to guarantee his appearance in court
  12. Third-Party Custody
    offender is placed with a person or organization pending trial
  13. Collateral
    offender pledges property to secure his appearance in court
  14. Surety Bond
    payment of money to a bondsman who guarantees the offender's appearance in court
  15. Manhattan Bail Project (1960s)
    project successfully reduced overcrowding and met public's concern for supervision of pretrial offenders
  16. Judge's Options Pretrial
    • RoR
    • posting of bail (cash or surety)
    • no bail
    • pretrial detention
    • supervised pretrial release for higher-risk offenders
  17. Process of Plea Bargaining
    • (90% of cases)
    • defendant enters plea or guilty to lesser charge
    • prosecutor agrees to lesser sentence
    • prosecutor agrees to dismiss some charges in exchange for a guilty plea to others
    • prosecutor gets conviction without cost of trial
    • [without plea bargaining, the crju system would come to a complete halt]
  18. Purposes of PSI
    • used in sentencing by court
    • determining supervision needs during probation
    • for research purposes
    • used by the parole board in making release decisions
    • used by prison officials in classifying offenders and determining program needs
  19. PSI
    • put together by probation officers (offer a recommendation on sentencing)
    • the status of the case
    • offender's statement of responsibility
    • financial ability to pay
    • sentencing options
    • prior criminal history
    • information about the offense
    • victim impact information, offender characteristics, recommended outcome
  20. Sentencing Options
    • economic sanctions (i.e.: fines)
    • probation
    • intermediate sanctions
    • short-term confinement (i.e.: "shock")
    • imprisonment
    • capital punishment
  21. Indeterminate Sentencing
    • sentences have a minimum and maximum time to serve
    • a parole board determines the actual amount of time served
  22. Determinate Sentencing
    • sentence with a fixed term
    • the defendant is still entitle to earn "good time"
  23. Concurrent Sentences
    if the defendant is convicted of more than one offense, the sentences are served at the same time (based on the discretion of the judge)
  24. Consecutive Sentences
    if the defendant is convicted of more than one offense, the sentences are served one after the other (based on the discretion of the judge)
  25. Truth-in-Sentencing Statutes
    • the offender serves the sentence imposed, not the uncertainty of the indeterminate sentence model
    • inmate must serve 85% of their total time
    • prison populations increased - use "good time" to control the population
    • states that adopted these laws were awarded federal funds to build more prisons
  26. Discretion in Sentencing
    • limited in sentencing guidelines
    • if there are mandatory minimum sentence
    • three strikes law (3 convictions = life sentence)
  27. Presumptive Sentencing
    predetermined range of a minimum, average, and maximum term for specific
  28. Sentencing Guidelines
    structured sentences that take into account the severity of the crime and offender's prior criminal history
  29. Mandatory Minimum Sentences
    • used for certain types of offenders (habitual criminals, sexual predators)
    • used for certain crimes (violent crimes, crimes with a gun, distribution of narcotics
  30. Drug Courts
    • created to deal with the underlying drug problem as the basis of the offender's criminal behavior
    • emphasis on drug treatment to combat recidivism
  31. Mental Health Courts
    • identify those with mental illness
    • treat the illness
    • team approach, increase public safety