crim final study guide 5 9 11 5 52 PM Pennsylvania System Criminals could be best reformed if they were placed in penitentiaries isolated from one another and from society to consider their crimes repent and reform All activities took place in separate confinement New York Auburn Congregate System Redemption through well ordered routine of the prison Strict discipline obedience labor and silence Inmates sleep in separate cells but come together to eat and work and make goods to sell to the state Who bears the most amount of correctional costs State and local governments Which branches of gov operate the courts prisons and jails executive who is responsible for prison administration in all states Executive branch of state government Important because usually judiciary that does this Bill of Rights first 10 amendments to Constitution 1 freedom of religion speech press assembly 2 right to bear arms 3 no quartering 4 no unreasonable search and seizure 5 miranda laws no double jeopardy 6 speedy trial don t have to be a witness against self 8 no unreasonable bail or cruel and unusual punishment 14 bill of rights applies to states too Federalism System of government in which power is decided between a central gov and a regional gov Exchange Mutual transfer of resources a balance of benefits and deficits that flow from behavior based on decisions about the values and costs of alternatives Mala prohibita Offenses prohibited by law but not wrong in themselves Mala in se Offenses that are wrong in their very nature Probation Sentence that the offender is allowed to serve under supervision of community Run by courts with judge as ultimate supervisor This is the outcome of most trials and acts as an alternative to a sentence How to end probation oSuccessful completion oCommit another crime violate the probation usually by a technical violation Failing drug test losing job hanging out with old friends Two types o1 Supervised generally need to meet with someone to check in o2 Unsupervised stay out of trouble doesn t necessarily involve proving oneself invented by John Augustus Parole ity Being released from prison on certain conditions Does not replace a sentence More serous than probation because criminals are sent to jail under correctional author Conditional release letting into community for the benefit of the criminal but re serve the right to put the criminal back into prison Developed by Alexander Machonachie and Sir Walter Crofton Juveniles criminal Delinquent a child who has committed an act that if committed by an adult would be Status offense an act committed by a juvenile that is considered unacceptable for a child such as truancy or running away from home but that would not be a crime if it were committed by an adult Neglected child a child who is not receiving proper care because of some action or inaction of his or her parents there is a guardian present though Dependent child child who has no parent or guardian of whose parents cannot give Parens patriae the state is the ultimate parent The oldest a juvenile court can prosecute is ages 16 18 PINS acronym for persons in need of supervision a term that designates juveniles who are either status offenders or thought to be on the verge of trouble proper care History oPuritan period 1646 1824 dealt with those who did not obey parents and found kids to be evil oRefuge period 1824 1899 reformers focused on immigrant poor and de clared some parents unfit and in need of state supervision oJuvenile court 1899 1960 institutionalized legal irresponsibility of child oJuvenile rights 1960 1980 movement to define and protect rights as well as to provide services to children oCrime control 1980 to present system more formal restrictive punitive increased percentage of police referrals to court and incarcerated youths stay longer periods Landmark cases oIn re gault juveniles have the right to counsel to confront and examine ac cusers to be protected against self incrimination and to have adequate notice of charges when confinement is a poss punishment oIn re winship the standard of proof beyond a reasonable doubt applies to ju venile delinquency proceedings oMckeiver v PA juveniles do not have a constitutional right to a trial by jury oBreed v jones juveniles cannot be found delinquent in juvenile court and then transferred to adult court without a hearing on the transfer to do so vio lated the protection against double jeopardy Diversion Process of screening children out of the juvenile system without a decision of the court Intake hearing detention hearing a hearing by the juvenile court to determine if a juvenile is to be detained or released prior to ad judication waiver procedure by which the juvenile court relinquishes its jurisdiction and transfers a juve nile case to the adult criminal court two types o1 Legislative written into law if juv is age and does then they go to adult court o2 judicial judge decides based on age and offense Jails Less than 1 year sentence Misdemeanors and all people awaiting trials problematic County level Usually run by county sheriffs Underfunded Prisons Sentences of more than one year Hold felony offenders usually more serious crimes than in jails Constitutional Rights of Prisoners Cooper v Pate 1964 prisoners have protection of civil rights act of 1871 and may challenge federal courts the conditions of their confinement Hudson v palmer 1984 prison officials have the right to search cells and con fiscate any materials found Correction Models Rehabilitation model emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy Medical model based on the assumption that criminal behavior is caused by a bio logical or psychological condition that requires treatment Community model based on the goal of reintegrating the offender into the commu Crime control model based on the assumption that criminal behavior can be con trolled by more use of incarceration and other forms of strict supervision Alternatives to incarceration Fine a sum of money to be paid to the state by a convicted person as punishment for nity an offense Restitution repayment in the form of money or service by an offender to a victim who has suffered some loss from the offense Forfeiture government seizure of property and other assets derived from or used in Community service sentence req offender to perform a certain amount of unpaid Home confinement
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