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the rules under which a paroling authority releases an offender to community supervision.
parole conditions
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Constitutional rights enjoyed by an offender on parole that are not as hightly protected by the courts as the rights of nonoffenders.
diminished constitutional rights
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rights more hightly protected thatn other constitutional rights
preferred rights
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a rule of evidence that enforces the fourth amendments prohibition against unreasonable search and seizure, wherby illegal police searches are not adimissible in a court of law. The purpose is to deter police misconduct.
exclusionalry rule
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an offender under community supervision who, without prior permission, excapes or flees the jurisdiction he or she is required to stay within.
Absconder
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what are some factors of recidivism
- face and ethnicity
- involvement in prison education programs
- length of time served in prison
- behavior while incarcerated
- current conviction type
- parolee age
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the formal termination of a parolee's conditional freedom, usually (but not always) resulting in a reinstatement of imprisonment.
parole revocation
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what is the leading case on parole revocation?
morrissey v. Brewer- says that parolee's must be given 5 basic rights, however they do not have to have a constitutional right to counsel at a revocation hearing
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do parolees have the constitutional right to appeal a revocation?
no
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latin term meaning that the government acts as a substitute parent and allows the courtys to intervene in cases in which it is in the childs best interest that a guardian be appointed for children who throught no fauld of their own have been neglected and or are dependent.
parens patriae
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latin term meaning "guilty mind" that addresses levelof mental intent to commit a crime
mens rea
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acts committed by juveniles that are punishable as crimes under a states penal code.
juvenile delinquency
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Acts committed by juveniles that would not have been punishable if committedby adults:status offenses
conduct in need of supervision
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the transfer of a juvenile from juvenile court to adult court for trial.
transfer of jurisdiction
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transferring a juvenile case from juvenile court to an adult court
judicial waiver
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origianl jurisdiction for certain juvenile cases is shared by both criminal and juvenile courts, with the prosecutor having discretion to file such cases in either court
concurrent jurisdiction
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the automatic exclusion of certain juvenile offenders from juvenile court jurisdiction by state stature, requiring the case to be filed directly with the adult criminal court.
statutory exclusion
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the process whereby a juvenile is screened to determine if the case should preceed further in the juvenile justice system or if other alternatives suit the childs needs better
intake
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juvenile justice equvalent of a trial in adult criminal cases
adjudication
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juvenile justice equivalent of sentencing in adult cases.
disposition
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community based programs in which youth sentence there peers for minor delinquent and status offenses
youth courts
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what is the case that gave juveniles the right to due process if being charged with an offense that would send them to an institution?
re gault 1967
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what is the processing sequence for juveniles?
intake, adjudication, and disposition
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rights that belong to a person by virtue of citizenship
civil rights
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rights related to the particiaptaiton in the establishment, support, or management of government
political rights
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what are some collateral consequences?
- loss of the right to vote
- loss of right to serve on a jury
- denial of welfare benifits
- loss of parental rights
- grounds for divorce
- loss of pension rights
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in old anglo saxon law the process by which a criminal was declared an outlaw and placed outside the protection and aid of the law
outlawry
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at common law the extinction of civil rights and capacities that occurred when a person received a sentence of death or outlawry for treason or antoher felony. the persons estate was forfeited to the crown
attainder
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the totality of virtues that form the basis of ones reputation in the community
good moral character
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an act of vileness, or socially offensive behavior, that is contrary to justice, honesty or the publics accepted moral standards.
moral turpitude
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a certificate signed by the principal and a third party, promising to pay in the event the assured suffers damages or losses bc the employee fails to perform as agreed.
surety bond
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elective positions in federal, state and municipal governments aswell as appointive positions
public offices
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an executive act of clemency that serves to migigate or set aside punishment for a crime
pardon
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a pardon the becomes operative when the grantee has performed some specific acts or that becomes void when some specific act transpires.
conditional pardon
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a certificate that allows former offenders to obtain a license or work in certain occupations that have barred felons upon conviction
rehabilitation certificate
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reinstatment of some or all civil rights upon completion of sentence. the exten of retoration varies by state and by offense type
automatic restoration of rights
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official written document signifying that an offender has sompleted his or her sentence
certificate of discharge
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a court order prohibithin public disclosure of the defendants criminal history record
petition for nondisclosure
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the form of civil disabilities, can deprive a person of civil and political right and may make finding or holdinga job difficult
collateral consequences
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