05 17 2011 CHAPTER 9 Bail a sum of money deposited by a defendant with a court to ensure the defendant s appearance at trial The Eighth Amendment Bail The Sixth Amendment The Right to Counsel and a Speedy trial The right to counsel A speedy trial Jury trial confrontation and cross examination Bench trial a trial in which guilt is determined by a judge rather than by a jury Change of venue relocation of a case to another court because the case has received too much publicity in the original jurisdiction for the defendant to receive a fair trial Double jeopardy the fifth amendment prohibition against subjecting anyone twice to jeopardy of life or limb for the same offense Booking the process of photographing and fingerprinting a suspect and creating the police record of personal information and the crimes with which the suspect is initially being charged when taken into custody Complaint the document containing the initial crimes with which a defendant is charged Arraignment a hearing before a judge or magistrate during which the complaint is formally read Plea a defendant s formal denial or admission of guilt No contest nolo contendere a plea in which a defendant admits that sufficient evidence exists to convict him but he does not actually admit his guilt Indictment a document issued by a grand jury after it finds probable cause formally listing the charges against the defendant Preliminary hearing a proceeding in which a judge determines whether probable cause exists to bring the defendant to court to face trial for the crimes with which he has been charged Information a document filed by a prosecutor after a preliminary hearing formally listing the charges against the defendant Discovery the process in which an attorney request that opposing counsel or other parties provide certain evidence or information Plea bargains agreements between defendants and prosecutors in which defendants plead guilty to the original or reduced charges in exchange for reduced sentences Due process clause a clause of the U S constitution that represents the proposition that government laws and proceedings must be fair Burden of proof this burden falls on the party that must prove a particular thing in court Preponderance of the evidence the standard of proof required to win a civil lawsuit Beyond a reasonable doubt the standard of proof required to win a civil lawsuit Clear and convincing evidence an intermediate standard of proof sometimes required for certain defenses such as the insanity defense Stages of the Trial Sequestered a jury that is kept separate from outside contact during a trial Opening statement initial statements made by attorneys to a jury outlining the case they will present during the trial Case in chief a stage in a criminal trial during which a party presents that main body of evidence witness Direct examination a stage in a trial when an attorney questions his own witness Cross examine a stage in a trial when an attorney questions the opposing side s Directed verdict a motion made by a defense attorney after the prosecution has rested its case the motion asks for the judge to direct the jury to find the defendant not guilty due to the prosecution s failure to meet its burden of proof Hung jury a jury that is unable after concerted effort to reach a verdict Mistrial a judge s ruling that declares a trial invalid often because of a hung jury Bifurcated trial a two part trial in which the first part decides guilt and the second decides the penalty whether the defendant was insane Capital crime an offense punishable by execution Bifurcated trials CHAPTER 11 Defining Corrections Institutional corrections incarceration in jails and prisons Community corrections court imposed programs and sanctions that allow offenders to serve their sentences within the community instead of in jail or prison Rehabilitation changing an individual from an offender into someone who is law abiding Origins of corrections the workhouse transportation hulks colonial jails Recidivism the habitual relapse into criminal behavior Workhouse an institution that held jobless vagrants debtors and sometimes serious criminals Transportation the export of criminals to other lands to complete their sentences Indentured servitude the practice of selling criminals as servants to private individuals instead of sentencing them to penal colonies Hulks abandoned ships that functioned as enormous holding blocks within which offenders were chained History of corrections in the united states The Pennsylvania System and the Penitentiary o Walnut street jail the first public institution to specifically use imprisonment as the primary method of reforming offenders o Penitentiary term the Quakers coined from the word penitent referring to a residence where offenders could be sorrowful for their wrongdoings o Pennsylvania system a system of prison administration in which inmates lived in solitary confinement total silence and religious penitence as the way to prevent future criminal behavior The Auburn System o Auburn system a system of prison administration in which prisoners were isolated in cells at night but allowed to congregate during the day for work duty and meals but in total silence The Reformatory System o Elmira Reformatory A New York reformatory that emphasized rehabilitation rather than punishment The Industrial Prison System o Industrial prisons Prison factories where the focus was on creating a productive work environment rather than the rehabilitation or reform of prisoners The Therapeutic Prison o Medical model a viewpoint focusing on mental illness and behavioral problems such as committing a crime as diseases o 1974 Martinson report indicated that rehabilitative efforts for the most part have had little to no effect on recidivism o Punishment model a viewpoint that assumes the offender is inherently a bad person and deserves to be placed under correctional authority for punishment Models of Corrections Today Punishment model Crime Control Model a corrections model that has as its primary goal suppression and containment of the behavior of criminals Rehabilitation Model a viewpoint that assumes the offender is inherently a good person and focuses on changing an offender s behavior Reintegration Model a viewpoint that assumes that offenders must be helped to readjust and fit successfully back into the community o Halfway house a loosely structured prerelease community based residence that helps prisoners adjust
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