Criminal Justice

  1. sentence served while under supervision of the community
  2. worlds first probation officer
    John Augustus
  3. 20%-60% of criminals go on probation
  4. 58% of criminals in the correctional system are on probation
  5. 5% homicides are on probation
  6. 21% sex offenders
  7. 12% robbers are on probation
  8. 30% committing aggravated are on probation
  9. smallest probationary population
    North Dakota
  10. the judge did not have authority to suspend a sentence and order probation
  11. General and Specific
    Probation Conditions
  12. conditions apply to all probationers in a given jurisdiction and usually require that the probationer obey all laws
  13. can be mandated by the judge if they think the probationer needs a particular guidance.
  14. a court order taking away a convicted offenders probationary status after they violated probation
    Probation/Parole revocations
  15. is the supervised early release of inmates from correctional confinement.

  16. the managed return to the community of an individual released from prison.

  17. grant parole based on there discretion.

    Parole Board
  18. produce mandatory parole.

    Statutory Decrees
  19. the release of an inmate from prison to the supervision that is decided by a parole board or other authority.

    Discretionary Release
  20. the mandatory minimum amount a person is supposed to spend in jail.

    Mandatory minimums
  21. the release of a n inmate from prison that is statues or sentencing guidelines and is not decided by a parole board or other authority.

    Mandatory Release
  22. criminals must serve 85% of their sentence no exceptions.

    85% Rule
  23. cannot leave the state, maintain employment, report, cannot own a gun, officers will check curfew.

    Parole/Probation conditions
  24. Disadvantages of parole/probation
    • Relative lack of punishment
    • Increased risk to the community
    • Increased social costiv.
    • Discriminatory and unequal effects
  25. Advantages of parole/probation
    • Lower cost compared to prison cost

    • Increased employment

    • Restitution

    • Community support

    • Reduced risk of criminal socialization

    • Increased use of community services

    • Increased opportunity for rehabilitation

  26. the court declined to extend the exclusionary rule to apply to searches by parole officers
    Pennsylvania Board of Probation and Parole v. Scott
  27. officers may conduct searches of a probationer’s residence without either a search warrant or probable cause. Not protected by the 4th amendment.

    Griffin v. Wisconsin
  28. extended the search authority normally reserved for probation and parole officers to police officers under certain circumstances.
    Knight v. U.S.
  29. police officers are authorized to search a person just for the simple fact that they are on probation/ parole.
    Samson v. California
  30. an inmate is released under a set of conditions for remaining on parole.
    Conditional release
  31. Revoking probation/parole from a criminal does not need to give them notice or a hearing.
    Mempa v. Rhay
  32. the court declared a need for procedural safeguards in revocation hearing.
    Morrissey v. Brewer
  33. procedural safeguards in revocation hearing
    • i. The parolee be given written notice specifying the alleged violation.

    • ii. Evidence of the violation be disclosed

    • iii. A neutral and detached body constitute the hearing authority

    • iv. The parolee have the right to cross-examine witnesses

    • v. The parolee has the chance to appear and offer a defense, including testimony.

    • vi. A written statement be provided to the parolee at the conclusion of the hearing that includes the hearing body’s decision, the testimony and the reason for revocation.

  34. case on extensions for procedural safeguards in revocation hearing. They are allowed two hearings.

    Gagnon v. Scarpelli
  35. extensions for procedural safeguards in revocation hearing. They are allowed two hearings.
    • i. A preliminary hearing to determine whether there is “probable cause to believe that he has committed a violation of his parole”

    • ii. “a somewhat more comprehensive hearing prior to the making of the final revocation decision.”

  36. Parole board do not need to specify the evidence used in deciding to deny parole.
    Greenholtz v. Nebraska Penal Inmates
  37. a persons parole can not be revoked due to failure to pay restitution or fees if they do not have the resources to pay it.
    Bearden v. Georgia
  38. case on incriminating statements to a probation officer may be used as evidence if the probationer does not specifically clam a right against self-incrimination. No 5th amendment rights.

    MN v. Murphy
  39. the use of split sentencing, probation/parole, incarceration, community service, intensive supervision, or home confinement.

    Intermediate sentencing
  40. a sentence explicitly requiring the convicted offender to serve a period of confinement in a local stat or federal facility followed by probation.
    Split sentencing
  41. offenders in prison apply to receive probation. They are shocked if they actually receive it.

    Shock probation
  42. “boot camp”
    Shock Incarceration
  43. offenders serve weekends in jail and receive probation supervision during the week. Participate in treatment or community service programs while on probation
    Mixed sentencing
  44. the strictest form of probation for adults in the United States
    Intensive Probation Supervision
  45. “home confinement” individuals are ordered to confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement.
    House arrest
  46. “remote location monitoring” a supervision strategy that uses electronic technology to track offender who have been sentenced to house arrest to who have been ordered to limit their movement
    GPS monitoring

  47. Religious and political freedom

    Amendment 1
  48. Right to bare arms

    Amendment 2
  49. Quartering troops

    Amendment 3
  50. Search and seizure

    Amendment 4
  51. Right to accused person right to an attorney

    Amendment 5
  52. Right to a speedy trial

    Amendment 6
  53. Trial by a jury in civil cases

    Amendment 7
  54. Fair fines and punishments

    Amendment 8
  55. Rights to the people

    Amendment 9
  56. Power to state and people

    Amendment 10
  57. roman derived, fathers ruled over their children

    Patria postestas
  58. King (Parent) Father of State, the state takes care of parents in dealing with children who broke the law. EXP. DCF
    Parens patriae
  59. juveniles were punished the same way adults were and placed in the same jails

    History of juvenile justice in America
  60. focused on human potential
  61. harsh punishment, reasons? God.

    Puritan role in juvenile justice
  62. Started in NY, were places of care and education for children, housed young thieves vagrants and runaways
    Houses of refuge
  63. Children and adults can not be arrested and placed in the same car.

    Stemmed from the House of refuge
  64. clarified the power that states had in committing children to institutions.
    Violated Mary Ann Crouse’s rights
    Ex Parte Crouse
  65. removed immigrant children from their families and placed them in whit house holds. Apart of the Chicago Reform School
  66. tried to emphasized a wholesome family environment.
    Chicago Reform School
  67. Case: was committed into a reform school and labeled “misfortunate” he did not commit any crime the state “parens patriae” intervened

    O’Connell v. Turner
  68. created a juvenile court separate in form and function from adult criminal courts.

    Juvenile Court Act
  69. Juvenile Court
    • The state is the “higher or ultimate parent”
    • Children are worth saving
    • Children should be nurtured
    • Justice needs to be individualized
    • Noncriminal procedures are necessary to give primary consideration to the needs of the children.
    • Noncriminal procedures are necessary to give primary consideration to the needs of the child
  70. a child to who has engaged in activity that would be considered a crime if the child was an adult.

    Delinquent children
  71. a child who is beyond parental control, as evidence by his or her refusal to obey legitimate authorities, such as school officials and teachers.
    Undisciplined children
  72. a child who has no parents or who’s parents are unable to care for him or her

    Dependent Child
  73. a child who is not receiving the proper level of physical or psychological care from his or her parents or guardians or who has been placed up for adoption in violation of the law.
    Neglected Child
  74. a child who has been physically, sexually, or mentally abused. Most states also consider a child who is forced into delinquent activity by a parent or guardian to be abused.

    Abused child
  75. a child who commits an act that is contrary to the law by virtue of the offender’s status as a child. Exp: buying cigarettes, alcohol, running away from home etc..

    Status Offender
  76. an act or conduct that is declared by statute to be and offense, but only when committed by or engaged in by a juvenile, and that can be adjudicated only by a juvenile court.
    Status Offense
  77. Ruled that juveniles have a right of due process
    Kent v. US
  78. fairness in the criminal justice system. Kina like 8th amendment right to fair punishment.
    Due Process
  79. denied rights of due process. Denied 5th amendment

    a. Notice of charges

    b. Right to counsel

    c. Protection against self-incrimination

    d. Rights to at transcript

    e. Right to appeal

    In re Gault
  80. allegations must be established beyond a reasonable doubt.
    In re Winship
  81. higher standard that someone may have to be guilty.
    Beyond a reasonable doubt
  82. charged as a juvenile then the court said he was unfit to be tried as a juvenile. He was later tried as an adult. Double Jeopardy. Falls under the 5th and 14th amendments.

    He was released because any transfers that do occur must be made before an adjudicatory hearing in juvenile court.

    Breed v. Jones
  83. Double jeopardy
    has nothing to do with punishment it is the trial and conviction.
  84. heinous murder, committed at 17 years old was caught at age 18 and went on trial to receive the death penalty. He did not get executed. 8th amendment.

    Roper v. Simmons
  85. Case School officials are not allowed to search if they have reasonable suspicion.

    New Jersey v. T.L.O
  86. Marijuana was in plain view.
    Is based on logical suspicion to rule-breaking actions; is required to maintain order and safety among students; does not exceed the scope of the original suspicion

  87. most courts limit is 18 years old, violent crimes are more likely to go to adult court
    Juvenile Justice process
  88. a. Intake (booking)

    b. Detention Hearing

    c. Preliminary Hearing

    d. Transfer hearing

    e. Adjudicatory Hearing (informal Trial)

    i. Privacy is priority

    ii. Informality

    iii. Speedy (typically in days)

    Juvenile Justice process
  89. a document filed in juvenile court alleging that a juvenile is a delinquent, a status offender or a dependent asking for juvenile procedures.
    Juvenile petition
  90. even in the face of strong evidence pointing to the offender’s guilt, the judge may decide that it is not in the juvenile’s best interests to be adjudicated delinquent.
    Philosophy of juvenile courts
  91. is for juveniles are similar to adult trials, with some notable exceptions.

    Adjudicatory Hearing

  92. a juvenile court disposition that imposes both a juvenile sanction and an adult criminal sentence upon an adjudicated delinquent
    Blended sentence
  93. Who defines drugs as illegal?
  94. Howard Beker Leader in “All drugs are bad” Movement
    History of drugs in America, including the FBN
  95. $1 tax imposed on marijuana

    1939 Marijuana Tax Act.

  96. attempts to deter people from crime
  97. a goal that seeks to prevent a SPECIFIC OFFENDER.

    Specific Deterrence
  98. making an EXAMPLE OF SOMEONE to deter others
    General Deterrence
  99. reform a criminal offender
  100. Criminal sentencing that attempts to make the VICTIM “WHOLE AGAIN”
  101. crime is the harm and justice is the repair. CRIME=HARM JUSTICE=REPAIR.
    Restorative Justice
  102. Punishment that encourages rehabilitation through unspecified punishment.
    Indeterminate sentencing
  103. amount of time deducted on someone’s sentence because of a special project or service completed.
    Gain Time
  104. amount of time deducted on someone’s sentence because of good behavior.
    Good Time
  105. the punishment received for a crime should equal the crime committed.
  106. similar crimes should be punished in the same way regardless of the personal and social differences.
  107. the offenders criminal history should be the base used to determine punishment.
    Social debt
  108. Models of criminal punishment

    Structured Sentencing
  109. a fixed term of imprisonment that may be reduced by good time ore gain time similar to equity.
    Determinate Sentencing
  110. Zimring and Hawkins and their three schools of
    • Public health generalism
    • Cost benefit specifism
    • Legalistic
  111. drugs are medically harmful
    Public health generalism
  112. proposes that drug policy be built around a
    balancing of the social cost of enforcement.
    Cost benefit specifism
  113. drug prevention polices are in place to prevent
    social a collapse in society.
  114. registered handlers with opium, morphine and
    heroine and other narcotics, paid special tax, enforced certain laws
    Harrison Narcotics Act
  115. increased punishment, made it harder for weapons
    purchase, could not gain any federal programs, no public housing or student
    Anti-Drug Abuse Act of 1988
  116. search
    through the defendants trash because abandoned property is okay.

    CA v. Greenwood
  117. Case: curtlige – protects everything in your house and yard.

    Oliver v. U.S.
  118. a bar located 50 yards from away from home is
    not curtlige
    U.S. v. Dunn
  119. one who studies crime and criminal justice on a
    cross-national level.
    Comparative Criminologist
  120. initiated Islamic law, originated in mecca now
    Saudi arabia
    Prophet Muhammad
  121. A law that stemmed
    from prophet Muhammed

    Islamic Law (Shari’ah Law)
  122. Souryal and others proposed four aspects of justice in Arab philosophy and religion
    • Sacred trust

    • Equal trust to one another
    • Social bond
    • Commandment from god
  123. being moral honest to each other
    Sacred trust
  124. Society beliefs exp. clast system
    Equal trust to one another
  125. Common bond within the bond
    Social bond
  126. 4th aspect of justice in Arab philosophy and religion.
    • Commandment from god
    • similar to the puritan belief.
  127. Islamic version of the Bible
    The Quran
  128. a serious violation of Islamic law that is
    regarded as an offense against God
    Hudad Crime
  129. Hudud crimes include such behavior such as...
    theft, adultery, sodomy, alcohol consumption, and robbery. High way robbery.
  130. a minor violation of Islamic law that is
    regarded as an offense against society, not God.
    Tazir Crimes
  131. a fine
  132. Islamic Courts women cannot testify & strict punishments
  133. rules of war
    Geneva Convention
  134. signed Interpol started red cross
    Clara Barton
  135. U.S. version of Interpol


  136. international crimes against genocide crimes against humanity.
  137. International Criminal Court
    Roman Statute
  138. an international law enforcement support
    organization that began operations in 1946 and today has 182 member nations.
    Interpol – International Criminal Police Orgainzation
  139. a violent act or an act dangerous to human life
    that is committed to intimidate or coerce a government.
    • Terrorism
    • Premeditated, politically motivated, violence
    • committed against noncombatant targets
  140. is a deal offered by a prosecutor as an incentive for a
    defendant to plead guilty
    Plea bargaining
  141. custodian
    present proof of authority, allowing the court to determine if the custodian
    has lawful authority to detain the person.
    Writ of Habeas Corpus
  142. A deserved punishment or reward
    Just Deserts Era
  143. prison officials must ensure that inmates receive adequate food, clothing, shelter, and medical care, and must "take reasonable measures to guarantee the safety of the inmates.
    Rhodes v. Chapman.
  144. Emergence of prisons
    • Hospice were the early prison reform
    • residential school for delinquent boys
  145. Pennsylvania System
    • Developed by Quakers
    • used solitary confinement and rehabilitation
    • Penance and Studying the Bible was encouraged
    • Penitentiary Era
    • Ben Rush and Franklin
  146. system that believed in humane and opportunity for rehabilitation.
    Pennsylvania System
  147. Silent prison, solitary confinement, group workshops. corporal punishment, hard labor
    • Auburn system
    • Mass Prison Era
  148. Indeterminate sentencing and belief in rehabilitation esp. in youth
    Reformatory Era
  149. "Father of Parole" Norfold Islands for criminals
    Captain Maconoche
  150. Private businesses paid to use inmate labor
    • Contract System
    • Industrial Era
  151. goods were produced for private business
    • piece price system
    • Industrial Era
  152. eliminated the use of private contractors. Everything done in the prison
    • public account system
    • Industrial Era
  153. goods produced only for state officeials, or labor to assist state agencies
    • State-use System
    • Industrial Era
  154. cleaned roads, parks rec. facilities and restored public buildings
    • Public-work systems
    • Industrial Era
  155. Era that capitalized on inmates labor
    Industrial Era
  156. the act that prohibited interstate transportation and sale of prison goods where state laws forbade.
    Ashurst - Summers Act
  157. Era where prisoners should have been shunned and locked away from society
    Punitive Era
  158. Era with the Medical model - offenders were sick, they were patients not inmates
    Treatment Era
  159. Era where Advocates portrayed prisons as dehumanizing claiming it vitimizes offenders
    Community- Based Era
  160. Act that work release was under
    • Prisoner Rehabilitation Act of 1965
    • Community-Based Era
  161. Keeps prisoners locked up to protect society
    Nothing works doctrine
    Era that limited work release programs.
    Refers to Community-Based Era as the "prison country club"
    Warehousing Era
  162. correctional treatment programs have had little success
    • Nothing Works Doctrine
    • Martinson
  163. Truth in Sentencing Laws
    laws demand that convicted criminals serve a substantial proportion of their prison sentenceRead more
  164. memoirs solferino
    Hendri Dunant
  165. came to existence U.S. superpower.
    European Union
  166. came to existence against soviets taking control of
  167. reaffirmed
    the United States Supreme Court's acceptance of the use of the
    death penalty in the United States,

    • Gregg
    • v. GA
  168. decision that ruled on the requirement for a degree of
    consistency in the application of the
    death penalty. The case led
    to a
    de facto moratorium on capital punishment
    throughout the United States
    Amendment 8 Cruel
    and Unusual Punishment
    Furman v. GA
Card Set
Criminal Justice