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CJS 101: EXAM 3
Judicial reprieve
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law that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.
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Recognizance
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the medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior.
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sureties |
in the middle ages, people who took responsibility for the behavior of an offender released before trial.
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probation |
-a sentence entailing the conditional release of a convicted offender into the community under the supervision of the court .
-the most frequently imposed criminal sentence in the U.S.
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probation rules
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conditions or restrictions mandated by the court that must be obeyed by a probationer.
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revocation |
an administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer.
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suspended sentence
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a prison term that is delayed while the defendant undergoes a period of community treatment. if the treatment is successful, the prison sentence is terminated.
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pre-sentence investigation
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an investigation performed by a probation officer attached to a trial court after the conviction of a defendant. the defendant is placed on probation during the time.
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intake
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-the process in which a probation officer settles cases at the initial appearances before the onset of formal criminal proceedings
-the process in which juvenile referral is received and a decision is made to file a petition in the juvenile court, release the juvenile, or refer the juvenile elsewhere.
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day fees
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a program requiring probationers to pay some of the costs of their treatment.
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intermediate sanctions
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-punishments that fall between probation and prison. community-based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration because of an increase in offenders.
-helps offenders maintain family ties and with community
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fine
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a money payment levied on offenders to compensate society for their misdeeds.
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day fines
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a fine geared to the average daily income of the convicted offender in effort to bring equity to the sentencing process
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forfeiture
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the seizure of personal property by the state as a civil or criminal penalty.
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zero tolerance
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the practice of seizing all instrumentalities of a crime, including homes, boats, and cars. it is a extreme example of the law of forfeiture
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restitution |
a condition of probation in which the offender repays society or the victim of crime for the trouble and expense the offender caused.
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monetary restitution
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a sanction requiring that convicted offenders compensate crime victims by reimbursing them for out-of-pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs.
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community service restitution
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an alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence
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shock probation
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a sentence in which offenders serve a short prison term before they begin probation, to impress them with the pains of imprisonment,
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split sentence
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a practice that requires convicted criminals to spend a portion of their sentence behinds bars and the remainder in the community
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intensive probation supervision
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a type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly basis
-mandatory curfew
-mandatory school, employment, etc
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house arrest
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a form of intermediate sanction that requires the convicted offender to spend a designated ammount of time per week in his or her own home- such as from 5pm friday to 8am monday
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electronic monitoring
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requiring convicted offenders to wear a monitoring device as part of their community sentence. typically part of a house arrest order, this enables probation department to ensure that offenders are complying with court-ordered limitations on their freedom
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residential community corrections
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a nonsecure facility, located in the community, that houses probationers who need a more secure enviroment. typically, residents are free during the day to go to work, school, or treatment, and they return in the evening for counseling sessions and meals.
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day reporting center
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a nonresidential community-based treatment program
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restorative justice
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a view of criminal justice that focuses on crime as an act against the community rather than the state. justice should involve all parties affected by crime----victims, criminals, law enforcement, and the community
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sentencing circles
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a type of sentencing in which victims, family members and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintefgrating the offender into the community.
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Community corrections include...
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-diversion
-restitution
-probation
-parole
-halfway house
-provisions for temporary release from prison
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community corrections is
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-controlled by local government
-handle offender in local agencies connected to state or federal authorities
-strong link to surounding community
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community corrections goals
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-rehabilitation as its goal
-two competing rules:
1. seeing that offenders comply with the orders if community sentences
2. help offenders identify and address their problems and needs.
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Importance of community corrections
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without community corrections, courts and institutional corrections would be overwhelmed
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5 diff types of probation
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1. straight probation - no form of incarceration
2.suspended sentence probation - the offender can escape imprisonment by performing well on probation
3.split sentence - jail time plus probation
4.shock probation - 2 sentences, first prison , the probation
5.residential probation- halfway house
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probational 3 fundamental objectives
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1. assist the court in matters performing to sentencing
2. promote community protection
3. promote the betterment of offenders
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John Augustus
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- father of probation
-a boston shoemaker
-in the 1840s, Augustus stood bail for select offenders and promised to monitor their activities and report to the judge.
-his actions led to the first form of probation law in 1878 Massachucets
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administration |
probation is administered...
-federal gov. has its own system
-some states administer probation at the state level
-others at the local level
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typical hierarchy of probation
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1.director
2.deputy director
3.supervising
4.P.O.s
5.senior P.O.
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3 basic stages of probation
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1.placement of probation by a judge
2.supervision and service delivery for the probationer
3.termination of the probation
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Before probation judges consider
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-statutes recommendations
-sentencing guidelines
-recommendations from the prosecutor and defense
-offenders + offense
-detention or not
-PSI report
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The Pre-sentence Investigation ( PSI )
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-is to estimate the risk the offender presents to the community
-determines the offender's treatment needs
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The Probation Order
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2 types of probation conditions:
-standard (general) conditions
-special conditions - designed to address the crime
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termination of probation
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P.O. reccomends to court
-successful discharge
-revocation
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Revocation for 2 categories of violations
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-new offenses
-technical violation
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legal issues
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-referred counselors can reveal information about a probationeer's illegal activities to a probation officer
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prison |
a state or f
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jail |
a place to detain people awaiting trial, to serve as a lockup for drunks and disorderly individuals, and to confine convicted misdemeanants serving senteces of less than a year
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hulks
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abandoned ships, anchored in harbors, that were used in 18th century England to house prisoners.
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1990, walnut street jail
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18th century institution that housed convicted criminals in Philadelphia
-the penitentiary movemtn
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penitentiary houses
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early prisons, so named because inmates were supposed to be penitent for their sins
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congregate system
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prison design, first used in new york, that allowed inmates to engage in group activities such as work, meals and recreation
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pennsylvania system
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correction model used in philly that isolates inmates from one another to prevent them from planning escapes, make them easy to manage and give them time to do penitence.
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contract system
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the practice of correctional officials selling the labor of inmates to private businesses
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convict-lease system
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the practice of the state leasing inmates to businesses for a fixed annual fee.
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medical model
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a correctional philosophy based on the belief that inmates are sick people who need treatment, rather than punishment, to help them reform.
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maximum security prison
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house dangerous felons and maintains strict security measures, high walls, and limited contact with the outside world
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super maximum security prison
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the newest form of maximum security that uses high-level security measures to incapacitate the nation's most dangerous criminals. Most inmates are in lockdown 23 hours a day.
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medium security prison
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houses nonviolent offender and provides more opportunities for contact with the world
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minimum security prison
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house white collar and non-violent offenders, maintains few security measures, and has liberal furlough and visitation policies
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boot camp
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short term militaristic correctional facility in which inmates undergo intensive physical conditioning and discipline.
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shock incarceration
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a short prison sentence served in boot camp-- type facilities
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community treatment
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the attempt for correctional agencies to maintained convicted offenders in the community instead of in a secure facility; it includes probation, parole and residential programs
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halfway house
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a community-based correctional facility that houses inmates before their outright release so that they can become gradually acclimated to conventional society.
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Auburn system
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inmates worked and ate together in silence during the day and were placed in solitary cells by night.
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Institution for Women
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-first women prison was made in 1873 in Indiana
-women's prisons concetrated on molding inmates to fulfill stereotypical domestic roles
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privatization and shock incarceration
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20th century was the largest incarceration boom
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During the 1700s and 1800s 3 reformers were important to corrections
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-Cesare Beccaria
-John Howard
-Jeremy Bentham
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Cesare Beccaria
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-book on crimes and punishments (1764) - system of detailed written laws
-the punishment should fit the crime.
1. severity of punishment is parallel to severity of crimes
2.punishment should out weigh the pleasure from commiting the crime
"Certain and Swift"
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John Howard
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-(1777) book, "The State of prisons in England and Wales" was based on his visits to penal institutions
-Howard advocated for safe, humane, and orderly penal enviroments/ religious teaching, hardwork... ways to instill discipline
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Jeremy Bentham
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-ordered reform can be achieved through architectural design
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total institution
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a regimented, dehumanizing institution such as prison, in which inmates are kept in social isolation, cut off from the world at large
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inmate subculture |
the loosely defined culture that pervades prisons and has its own norms, rules and language
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inmate social code
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an unwritten code of behavior, passed from older inmates to younger ones, that serves as a guideline to appropriate inmate behavior within the correctional institution
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-prisonization
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- the longer your locked up, the more likely to get comfortable
-inmates assimilation into the existing prison culture through acceptance of its language, sexual code, and norms of behavior
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make-believe family
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in female institutions, the substitute family group-----including faux father, mother and sibling----created by some inmates
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anger management programs
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group therapy offered to help participants to control their anger and, in general, to achieve self control, often through cognitive behavioral approaches
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therapeutic communities
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institutions that rely on positive peer pressure within a highly structured social environment to create positive inmate change
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work release
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a prison treatment program that allows inmates to be released during the day to work in the community and returned to prison at night
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furlough
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- a correctional policy that allows inmates to leave the institution for vocational or educational training for employment, or to maintain family ties.
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hands off doctrine
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the legal practice of allowing prison administrators a free hand to run the institution, even if correctional practices violate inmates' constitutional rights: ended with the onset of the prisoners' rights movement in the 1960s.
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substantive right
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a number of civil rights that the courts, through a slow process of legal review, have established for inmates, including the rights to receive mail and medical benefits and to practice their religion
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jailhouse lawyer
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an inmate trained in law or otherwise educated who helps other inmates prepare legal briefs and appeals
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cruel and unusual punishment
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physical punishment or punishment that is far in excess of that given to people under similiar circumstances and is therefore banned by the 8th amendment. the death penalty has not been considered cruel and unusual.
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qualified immunity
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a legal document that shields government officials from liability if their conduct did not violate clearly established civil rights of which a reasonable person would have known
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parole
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early release of a prisoner from imprisonment, subject to conditions set by a parole board
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intensive Supervison parole ( ISP )
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-closer surveillance
-required to meet more and frequent drug testing
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Convict Code
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-mind their own affairs
-dont inform staff about the illicit activities of others
-be indifferent to staff and loyal to other convicts
-conning and manipulation skills to help survive
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Origins of the inmate Soceity
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1. Deprivation model - brings negatives into prison society, trys to manipulatwe
2. Importation model - brings skills into society
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reason for high rates of violence
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-improper management
-overcrowding
-young age
-racial tensions
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motives for physical violence
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-power and dominance
-retaliation
-to prevent the perpentrator from being victimized (ex. rape ) in the future.
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3 reasons sex occurs
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1. sex for satisfaction
2. prostitution
3. sexual assault
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psychological victimization
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-threat of violence
-inmate/ staff threatening to expose
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social victimization
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-Involves prejudice or discrimination against a person because of:
race, age, class background, religious preference, political positions
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inmate coping
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-qualities that interfere with the real world
1. discouraging personal responsibility and dependence
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Inmate Prison Lifestyle
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1.doing time - getting asap
2.jailing - achieving power
3.gleaning -taking advantage of opportunities to better themselves
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