FINAL EXAM REVIEW C C J S 1 0 0 SP R IN G 2 0 1 4 Pretrial Process Order Charges filed Initial appearance trial Plea bargain Pretrial motions Within 48 hours pretrial hearing Arraignment what happens if nothing works go to Bail Constutionally permissive purposes of bail Ensure defendants return Protect community What Bail Reform Act created a presumption of release for most non capital crimes 1966 What Bail Reform Act authorized preventative detention 1984 Bail The purpose of the Manhattan Bail Project was to encourage the use of ror release on recognizance About what percentage of Defendants are released pending trial 50 You need to know the arguments for and against preventative detention used a lot with violent offenders 21 of offenders who were released committed some other kind of offense while they were out Used much more in U S than other countries Some argue it s punishment before conviction Sometimes long time before trial Plea Bargaining About what percentage of convictions are obtained by a trial 5 According to Missouri v Frye 2012 a defense attorney is required to inform a defendant of a plea deal if he thinks it s a bad offer What is an Alford plea Guilty but plea innocent Sentencing How many jurors are usually on a criminal jury 6 12 A peremptory challenge cannot be used to exclude people based on age or race Appeals Under a Habeas Corpus petition a convicted offender is arguing to be released from jail because their rights have been violated 5 goals of punishment Retribution Deterrence General Specific Incapacitation Rehabilitation Reintegration Sentencing Determinant sentencing every offense has a statutory defined penalty Is there early release with mandatory minimums no The purpose of habitual offender and three strikes laws are selective incapacitation and deterrence Sentencing Goals of sentencing guidelines Uniformity Equality Uncertainty Control Forms of intermediate sanctions Fines and Restitution The difference is who the money is paid to fine goes to cj system Restitution victim home Confinement Community service Boot camps not successful forfeiture Death penalty Issues we discussed in class Brutalization hypothesis Less value to human life Eye for an eye Risk of executing innocent people Comparative cost human Cost Death penalty Is the death penalty constitutional for rape or repeated child rape no Analyze this under Evolving standards of decency Death penalty Furman v GA 1972 Struck down death penalty Gregg v GA 1977 Reinstated death penalty Death penalty Cannot execute if you are Mentally insane before entering prison Under the age of 18 when you committed offense IQ under 70 Know what it means to death qualify a jury the attorneys are allowed to ask that person if the correct penalty is death are you willing to give it Aggravating vs Mitigating factors Which requires unanimity More jurisdiction aggravating Prisons Jeremy Betham best known for prison structure known as hinopticon Beccaria known for proportionality and rationality Models of Corrections Penitentiary Reform Rehabilitation Community Crime Control Penitentiary Model 1700s 1860s PA system vs New York System Eastern State Penitentiary total confinement Auburn System single cell construction and silence Prisoner Lease System Inmates leased to contractors Were they treated better than under slavery no Reform Model 1870s 18902 Know the reasons why we shifted from penitentiary to reform Father of prison reform Zebulon Brockway Purposes of prison reform and rehabiliation Rehabilitation Model 1890s 1960s Movement sparked by progressives Based on medical model Community model Know why we moved from rehab to community corrections Martinson said nothing works civil rights movement Vietnam protests challenges against government presidential commission argues for a new correctional model 1960s 1970s Shift towards reintegration Crime Control Model 1970s 2000s Rise of determinate sentencing tough on crime stricter supervision of those under CJS Incarceration Trends US incarceration increasing over last several decades and crime has been decreasing US incarcerates more than other comparable nations Law of Corrections Know these Cooper v Pate 1964 civil rights decision Hudson v Palmer 1984 searching cells Wolff v McDonell 1974 procedural due process 3 Models of Incarceration Custodial security discipline order Rehabilitation treatment Reintegration maintain offender ties to community Force can be used for Self defense Defense of third persons Uphold prison rules Prevent crime Prevent escape Convict Roles Doing Time Cost of doing business sometimes you get caught so you will spend time in prison Gleaning take advantage of it enroll in rehabilitation programs make the best of prison stay Jailing tried to construct their own life in prison no longer the person they were before identity is shaped around who they are in prison Consequences of Prison Loss of job Loss of income Family issues Women in prison 7 of US prison pop Less violent Prison violence Factors contributing inadequate staff supervision architecture Availability of weapons Housing violent offenders Tension because of close quarters Community corrections Probation intermediate Sanctions parole Need to know arguments for and against community corrections food for less serious offenses cheaper than incarceration lower rates of recidivism easier for ex inmates to remake their lives Probation corrections without incarceration Father of probation John Augustus made shoes Know the different goals throughout its history early years moral leadership Respect for family religion employment 1940s therapeutic counseling 1960s providing social services 1970s risk management minimize probability that offender will commit a new offense Current goal risk management Types of Probation Straight probation after probation you would be charged Suspended sentence does not go to prison immediately but is given a chance split sentence some served at home some in prison shock probation shock defendant Residential probation Probation Revocation Either by termination or by revocation where an offender violates terms of probation Offender receives a hearing with due process Types of Intermediate Sanctions Fines Restitution forfeiture home confinement Community service Day reporting Centers intensive Supervision Probation Boot Camp Drug defined Per book any chemical substance defined by social convention as bioactive or psychoactive BAC Most states have BAC of 08 10 History
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