CRJ110 Final

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CRJ110 Final
2011-05-02 20:09:17
CRJ110 Final

CRJ110 Final
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  1. pre-sentence investigation
    • examine employment history, criminal record, community ties
    • helps to determine sentence, aids with rehabilitative efforts
    • helps with classification, gives info to parole board
    • PSI has major impact of final sentence
  2. Jail v. Prison
    • Jail- run locally for inmates of more than 2
    • days, but less than 1 year or pre-trial detainees
    • Prison- houses prisoners for a year or more.
    • Security levels: minimum through super-max (Federal)
  3. "What works?"
    • (Robert Martinson-1975) looked at rehab processes to see what worked.
    • Except few examples, none of them worked.
  4. Inmate classification
    procedure to determine security (#1), treatment, vocation/education (#2) needs of inmates
  5. meat eaters v. grass eaters
    • Meat eaters- solicited bribes (police
    • corruption)
    • Grass eaters-handed corrupt money and take it
    • and say nothing. This is the biggest problem because there were way more of
    • them.
  6. Morrissey v. Brewer
    (1972) requires full Due Process rights in revocation. Right to representation, with the decision.
  7. Seperate v. Congregate
    • Separate- PA system. Not a good thing. Secluded
    • too long.
    • Congregate-NY system. Good thing. Work together. See people.
  8. Jury selection
    • Voir Dire- “to see and to speak”- questioning process in selecting jurors.
    • Judges oversee it.
    • Typical is 12 members (w/ alternatives); some states use less.
    • Objectives:
    • Must meet qualifications (age, no felionies, etc.)
    • Must maintain impartiality; no prejudice
  9. writ of certiorari
    • a common law writ issued by a superior court to one of inferior jurisdiction demanding the record of a particular case.
    • Why you want the supreme court to hear your
    • case.
  10. bail bonds
    • Bail Bonds Agent: private industry that offers
    • service posting bail on promise they come back to trial.
    • If defendant FTAs, agent forfeits the bond (bounty hunters)
    • Lots of corruption!!
  11. preventive detention
    • pretrial incarceration of an accused deemed dangerous.
    • This has a negative impact on their lives
    • Deprivation of liberty of those who have no been
    • proven guilty
    • Legitimate means of preventing harm to community.
  12. arraignment
    formally read their charge and they are asked to enter a plea.
  13. mens rea v. actus rea
    • Mens Rea (Guilty Mind)- Criminal intent to commit the crime
    • Conduct: Only the acts of Persons can be covered
    • by criminal law (Actus Reus) (guilty act)
  14. Kansas City preventive patrol experiment
    • (1873-1974) 15 districts, 3 parts, 5 policemen each.
    • Control districts: same amount of patrol cars as
    • normal.
    • Proactive: 3 to 4x as many patrol cars as normal
    • Reactive- no cars unless a call. When it came
    • car went in & came out.
    • *Found there was no difference in crime.
  15. peremptory challenge v. challenge for a cause
    • Peremptory Challenges- (like time outs in a
    • game) only get a few. Don’t have to articulate why they want to have the juror
    • remove.
    • Radically imbalanced juries.
    • Challenge for Cause- dismiss a juror because of
    • a reason.
  16. release on recognizance
    • Method by which an individual is released in lieu of providing bail, upon his promise to appear and answer a criminal charge.
    • permits release on nonmonetary conditions,
    • generally involving only the promise to appear, but sometimes involving special
    • conditions (e.g., remaining in the custody of another, abiding by travel
    • restrictions).
  17. imporation model v. deprivation model
    • Importation model- inmate subculture brought
    • from outside. They bring expectations into the prison itself.
    • Deprivation model- (John Irwin) research in institutional corrections
    • Deprivation of liberty- can’t do as you please
    • Deprivation of goods/services- no going for snack, etc.
    • Deprivation of heterosexual relations
    • Deprivation of personal autonomy- told what to do
    • Deprivation of security- w/ other inmates and guards
  18. Furman v. Georgia
    • (1972)- Supreme Court ruled the death penalty is unconstitutional as it was being applied at the time {convicted of murder automatic death sentence}.
    • (5-4 vote).
  19. Gideon v. Wainwright
    (1963)- the Supreme Court mandated that every criminal defendant in whatever court- is entitled to the assistance of counsel (legal advice).
  20. pains of imprisonment
    • Book by Gresham Sykes in 1950
    • 1. inmates deprived of liberty and are cut from friends and family
    • 2. inmates are deprived of goods and services
    • 3. deprivation of heterosexual relations
  21. Types of plea bargaining
    • Charge bargaining- negotiating seriousness of
    • charges; severity of offense.
    • Count bargaining- reducing the number of counts in the case.
    • Sentence bargaining- negotiation of a final
    • sentence
    • All three will often occur in same case.
  22. due process revolution
    according to the 14th amendment, a fundamental mandate that a person should not be deprived of life, liberty, or property without reasonable lawful procedures.
  23. president's commission
    • (1967): started community policing, flattening the
    • hierarchy.
  24. Mapp v. Ohio
    (1961): Cleaveland, OH case involving search of boarding home with fake warrant. All state courts in the country must apply the exclusionary rule as a matter of constitutional law.
  25. mala in se v. mala prohibita
    • Mala in se- offenses that are inherently bad, such as murder, rape and robbery.
    • Mala prohibita-absolute criminal liability is frequently imposed, meaning wrongs
    • that are merely prohibited.
  26. problem-oriented policing/SARA
    • Problem oriented policing- strategy that seeks to identify the underlying problems within a community so that community and police can work together to solve them.
    • Herman Goldstein created SARA model. (Scanning, Analysis, Response & Assessment). They ID and address community problems.
  27. tennessee v. garner
    (1985): eliminated the fleeing felon rule.
  28. M'Naughton rule
    • The defendant did not know the nature and quality of his or her act
    • The defendant did not know the wrongfulness of his or her act.
  29. felony v. misdemeanor
    • felony- a severe crime subject to punishments of a year or more in prison or to capital punishment.
    • misdemeanor- less severe crimes, subject to a maximum of one year in jail.
  30. information v. indictment
    • Information-formal charging document (preliminary hearing)
    • Indictment- formal charging document (grand jury)
  31. "hands off" doctrine
    separation of powers; courts won’t hear cases involving prisons.
  32. in re gault
    • (1967)
    • Established juvenile rights:
    • right to receive adequate and timely notice of charges
    • right to counsel
    • right to be confronted by and to examie witnesses
    • privilege against self-incrimination
  33. standards of proof
    • Reasonable suspicion: necessary for stop & frisk
    • Probable cause: needed for arrest, search warrants, indictment
    • Preponderance of Evidence: slightly more than half (civil)
    • Beyond Reasonable Doubt: required to convict
  34. corpus delicti
    • the body of evidence that constitutes the offence;
    • the objective proof that a crime has been committed.
  35. Miranda v. Arizona
    • (1966)
    • the court placed the burden on the police to warn arrestees and those in custody of their Fifth Amendment (right to remain silent) and their sixth Amendment (right to have counsel appointed).
  36. selective incorporation
    process by which American courts have applied portions of the U.S. Bill of Rights to the states.