Criminal justice Notes Final

  1. what percent of convictions are wrongful convictions
  2. second cause of wrongful convictions
    false confessions
  3. what is a sentence
    a penalty or sanction imposed on a person by a court upon conviction for a criminal offense
  4. 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
  5. What is the objective for indeterminate sentencing
    tailor sentence to the offender, sentences need to be individualized
  6. What is indeterminate sentencing
    judge sets minimum and maximum sentence, parole board conducts hearings after the minimum served
  7. Purpose for determinate sentencing and what is it?
    uniformity, specified criminal sanction for a particular type for a particular type of crime
  8. what is mandatory sentencing?
    Establish a minimum sanction that must be served upon a conviction for a criminal offense, no discretion, sentencing guidelines
  9. What is truth-in-sentencing
    offenders serve subtantial proportion before release
  10. Ruling for Furman v. Georgia
    supreme banned death penalty for procedural reasons, and juries had too much discretion, too much randomness
  11. Ruling for Gregg v. Georgia
    • Must have separate proceedings: guilt and sentencing
    • Must weigh: aggravating (statutory) and mitigating (nonstatutory) factors
  12. Ruling for Ford v. Wainwright
    ban of executions of persons that have become insane
  13. Ruling for Roper v. Simmons
    banned executions of individuals younger than 18
  14. Ruling for Atkins v. Virginia
    Executing mentally retarded is unconstitutional
  15. Ruling for Whitherspoon v. Illinois
    people who oppose the death penalty cannot be automatically excluded from juries in capital cases, until voir dire
  16. cost of death penalty vs. life in prison w/o parole
    • Death penalty: 2.5-5 million
    • Life: 1 million
  17. World's leading jailor/ prisoners per 100,000 population
    US 750, Russion 630, S. Africa 320
  18. 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
  19. what is normalization
    prison should resemble life in the outside world as much as possible
  20. 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
  21. reason for Super max
    natural progression of crime control ideology
  22. 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
  23. 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
  24. Whst is prisonization
    losing the ability to initiate or control ones own behavior, or to organize own life
  25. Five social pathologies
    • 1. Prisonization
    • 2. Lost motivation
    • 3. Feeling of unreality
    • 4. social withdrawal
    • 5. frustration/ rumination
  26. what are sanctions
    variety of sentencing forms
  27. Common characteristics of alternatives for incarcertation
    • residential stability
    • professional services
    • accountability
    • economic efficiency
  28. alternatives to incarceration
    probation, immediate sentences, shock incarceration
  29. Types of problem courts
    drug courts, DWI courts, mental health courts, community courts, juvenile drug courts, youth courts
  30. What percentage of prisoners are rearrested within a year of release
  31. What percentage of prisoners were rearrested within 5 years of release
  32. What does the juvenile justice system address
    criminal and problem behavior among children between 10 and 18
  33. What is defined as problem behavior
    • criminal offense
    • status offense
    • dependency/ neglect cases
  34. What is parens patria
    the state as a parent, the state as guardian and protector of of all crimes
  35. what is a delinquent
    child who has committed an act that if committed by an adult would be a criminal act
  36. What is dependency
    child has no parent or guardian or whose parents cannot give proper care
  37. When did the idea of children come about
    16th/17th century
  38. In re gault
    court decided that juveniles were entitled to due process
  39. In re winship
    proof must be established "beyond a reasonable doubt" before juvenile may be qualified as a delinqent
  40. Ruling in Miller vs. Alabama
    mandatory sentences of life w/o the possibility of parole for a juvenile is unconstitutional
  41. What is diversion
    the process of screening children out of the system without a decision by the court
  42. What is the process of transferring a juvenile to adult court, and authorizes the transfer
    waiver, judge
  43. what does RESTTE stand for
    residence, employment, support, treatment, transportation, education
  44. 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
Card Set
Criminal justice Notes Final