intro crim final – Flashcards
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Unlock answers4 punishment and correction goals |
-retribution: inflicting punishment proportional to the harm caused -deterrence: to keep an offender from future offending (specific) or to set the person as an example (general) -incapacitation: to become incapable of committing another crime -reform/rehabilitation: change the individual |
john agustus |
-father of probation -philanthropist who posted bail for offenders then found them work and housing -credited with founding the investigation component of probation. -because his system based on moral character, age, and other factors
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net widening |
-situation where minor offenders placed in new diversion programs instead of prison-bound offenders the program was designed for. |
female offender characteristics |
-23% probation, 12% parole, 7% prison -usually have childhood abuse -drug dependency -psychosocial problems -incarcerated parent -single parent household -HIV/AIDS -less likely to have -violent crime cnviction -any stable work history
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purpose of pretrial diversion programs |
-purpose is to divert the offender from the system because.. -it is better for the offender -less stigma and disruption from work and family -it is better for the system -scarcity of resources
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pretrial diversion programs warranted when.. |
-little or no risk to public -doesnt offend principals of justice
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things that are required to happen in diversion (legislation) |
-evaluation by pretrial services staff of eligibility -contract that clarifies exactly what the defendant must do for completion -a mechanism by which the defendants case is disposed of, usually through a court oder that disposes of a case without a conviction
-pretrial diversion comes before finding any guilt, and if never committed a crime once having both eligibility and completion of program |
electronic monitoring |
-wearing an electric band to add to traditional probation, parole, or house arrest -conjunction with bail, deferred adjudication programs, ext. -cost less than prison/jail |
factors as failures to EM |
-male gender -younger age -unemployed -criminal history -single -drug or property crime -long length of time on EM |
day fines |
-fines set by amount of income the offender has. -fine is 3 days of income, not set dollar amount |
restitutions |
-order by the court that requires offender to compensate victim |
types of community service programs |
-restorative service: connect offender to victim, intention to recognize harm done, agreement, aimed at class of victims -punitive service: not linked to crime, mostly focused on deterrence, labor. -main santions -supervision costs -appropriate settings -liability -reasonableness |
eligibility of being in anpretrial diversion program |
-crime -prior record -drug history -employment -residential stability -evidence of mental illness |
types of probation officers |
-service officer: focuses on offenders needs and attempts to develop relationship; may make allowances for violations of convictions based on circumstances -surveillance officer: focuses on surveillance and monitoring of offender and completion. if any law broken, they want offender off the streets -broker officer: balances the two above, no direct counseling though, instead refers to second party agency -burned out officer: doesnt emphasize either, minimum amount of work |
technical violations of probation |
-violation of rules rather than new crimes -this can warrant a judicial intervention -imposing curfew -intermediate sanctions -more conditions OR -revoke probation -send to prison |
characteristics of incarceration rates |
-more than 2 million in prison/jail -varies by state -783 per 100,000 (highest of any western country) -black men 7x as likely than white men |
seperate/pennsylvania prison system |
-solitary confinement, manual labor -originated in philly in the walnut street jail -later in eastern penitentiary |
congregate/auburn prison systm |
-slept in solitary, but ate and worked together -there was silence enforced though -harsh punishment not only to control, but to reform the inmates -managed with 'trinity,' (mission of a prison) -separation, obedience, labor |
-reformatory era |
-militaristic drills and staffing for men -home-like condition for women -before correctional institutions (rehab era) |
prison subculture |
-prisonization -inmate code -building tenders.. inmates who were once granted permission by staff over other inmates |
importation hypothesis |
-belief that pre-prison characteristics of the people shaped the prison environment |
prison slang |
-argot.. used by officers and prisoners |
prison relationships |
-pseudofamilies -make believe families.. fathers, mothers, siblings ext. -parents advice and counsel -allow closer contact with real families -homosexual behavior |
parole, and probation similarities |
-parole means 'word' -release from prison, probation is instead of prison -780k adults on parole -15 states left do parole with full discretionary systems -no due process for release decision -66% re-arrested
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sir walter crofton |
-started ticket of leave -form of mark system -offenders released early upon going through graduated stages of responsibility and good behavior -when he reaches this point, prisoner recieves his ticket -also required once released to report to police for supervising and help finding a job. |
alexander maconochie |
-started mark system -consisted of stages of increasing responsibility almost independently resulting in an early release -eliminated harsh punishment -improved living conditions at norfolk island -removed by thought of leniency only 3 years as prison superintendent |
restorative justice models |
-seek to restore state of wholeness, dont find you guilty of innocent, dont punish) -victim-offender mediation: most common, victim and offender meet and discuss and come to an agreement -community reparative boards: youth panels. board decides after offender speaks -family group conferencing: involves victim and all family, helps the offender understands his wrongdoing. -circle sentencing: everyone gets to talk, then circle decides punishment |
two directions of criminal justice system |
1. Community-oriented view of the causes of crime, prevention, and enforcement 2. Greater centralization of law enforcement and greater federal powers of investigation and prosecution (terrorism) |
FISA |
-Foreign Intelligence Surviellance Act -Mandate procedures needed to request surveillance. -FISA members appointed by supreme court justice
-in order to be allowed surveillance.. -person further of intelligence + -target was an agent of a foreign power |
Omnibus Counterterrorism Act |
-Expands federal government to take over local governments issues if there is a terrorist threat. -allowed government to see documents without warrant. -Expands FBI to overseas when investigating terrorism |
Anti-Terrorism and Effective Death Penalty Act of '96 |
-Replaced Omnibus Counterterrorism Act -Expanded authority of INS of deporting threats and increased punishment -Changed Habeas Corpus decisions |
public law 99-83 |
-allowed funding to be cut off to countries that supported terrorism |
USA Patriot Act |
-Led to Homeland Security -3 seperate agencies that communicated poorly, so ^ was created. ; -Provisions that were rejected in the 96 Anti-Terrorism Act were added -Expanded concept of terrorism (mass, destruction, assassination, kidnapping) -Expanded federal powers of investigation -Included Domestic Terrorism -John Walker Lynn.. American who fought on Afghanistan's side, tried based on Patriot Act |
Correctional Sentencing |
-Jail, prison, parole, or probation |