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what percent of convictions are wrongful convictions
3-5%
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second cause of wrongful convictions
false confessions
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what is a sentence
a penalty or sanction imposed on a person by a court upon conviction for a criminal offense
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What are the purposes of punishment
- Absolute: Retribtion-just deserts, eye for an eye, atonement, repentence, negation of the negation
- Relative: Positive-Rehab, affirmation of values, Negative- incarceration, deterrence
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What is the objective for indeterminate sentencing
tailor sentence to the offender, sentences need to be individualized
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What is indeterminate sentencing
judge sets minimum and maximum sentence, parole board conducts hearings after the minimum served
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Purpose for determinate sentencing and what is it?
uniformity, specified criminal sanction for a particular type for a particular type of crime
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what is mandatory sentencing?
Establish a minimum sanction that must be served upon a conviction for a criminal offense, no discretion, sentencing guidelines
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What is truth-in-sentencing
offenders serve subtantial proportion before release
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Ruling for Furman v. Georgia
supreme banned death penalty for procedural reasons, and juries had too much discretion, too much randomness
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Ruling for Gregg v. Georgia
- Must have separate proceedings: guilt and sentencing
- Must weigh: aggravating (statutory) and mitigating (nonstatutory) factors
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Ruling for Ford v. Wainwright
ban of executions of persons that have become insane
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Ruling for Roper v. Simmons
banned executions of individuals younger than 18
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Ruling for Atkins v. Virginia
Executing mentally retarded is unconstitutional
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Ruling for Whitherspoon v. Illinois
people who oppose the death penalty cannot be automatically excluded from juries in capital cases, until voir dire
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cost of death penalty vs. life in prison w/o parole
- Death penalty: 2.5-5 million
- Life: 1 million
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World's leading jailor/ prisoners per 100,000 population
US 750, Russion 630, S. Africa 320
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What is total institution
A place of residence and work where a large number of like-situated individuals, cut-off from the wider society for an appreciable period of time together, lead an enclosed, military, ships, jails, prison
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what is normalization
prison should resemble life in the outside world as much as possible
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difference between jails and prisons
- Prison: an institution for the incarceration of people convicted of serious crimes, usually felonies
- Jails: an institution authorized to hold pre-trial detainees and sentenced misdemeanants for periods longer than 48 hours
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reason for Super max
natural progression of crime control ideology
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critiques of the super max prison
- 1. Supermax prisons are draconian places
- 2. Isolation for 22-23 hours per day
- 3. Throwback to Penn system
- 4. Minimal Contact
- 5. Constant surveillance
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Mental health issues of Super max
- -10 days or more of solitary confinement leads to negative psychological effects
- - Supermax prisons fail to screen out and treat prisoners with preexisting mental illness
- -Prisonization occurs to an exaggerated degree
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Whst is prisonization
losing the ability to initiate or control ones own behavior, or to organize own life
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Five social pathologies
- 1. Prisonization
- 2. Lost motivation
- 3. Feeling of unreality
- 4. social withdrawal
- 5. frustration/ rumination
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what are sanctions
variety of sentencing forms
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Common characteristics of alternatives for incarcertation
- residential stability
- professional services
- accountability
- economic efficiency
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alternatives to incarceration
probation, immediate sentences, shock incarceration
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Types of problem courts
drug courts, DWI courts, mental health courts, community courts, juvenile drug courts, youth courts
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What percentage of prisoners are rearrested within a year of release
44%
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What percentage of prisoners were rearrested within 5 years of release
67.8%
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What does the juvenile justice system address
criminal and problem behavior among children between 10 and 18
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What is defined as problem behavior
- criminal offense
- status offense
- dependency/ neglect cases
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What is parens patria
the state as a parent, the state as guardian and protector of of all crimes
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what is a delinquent
child who has committed an act that if committed by an adult would be a criminal act
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What is dependency
child has no parent or guardian or whose parents cannot give proper care
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When did the idea of children come about
16th/17th century
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In re gault
court decided that juveniles were entitled to due process
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In re winship
proof must be established "beyond a reasonable doubt" before juvenile may be qualified as a delinqent
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Ruling in Miller vs. Alabama
mandatory sentences of life w/o the possibility of parole for a juvenile is unconstitutional
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What is diversion
the process of screening children out of the system without a decision by the court
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What is the process of transferring a juvenile to adult court, and authorizes the transfer
waiver, judge
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what does RESTTE stand for
residence, employment, support, treatment, transportation, education
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Lessons from the innocent
- Eyewitness error-79% of wrongful convictions
- False confessions- 15-24% of cases
- Erroneous forensic science- 57% of cases
- Jailhouse snitch testimony- 18% of cases
- Prosecutorial or police misconduct
- Inadequate defense counsel
- tunnel vision-virutally every case
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