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48 Cards in this Set
- Front
- Back
Probation
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A sentence of imprisonment that is suspended; instead, the sentence is served while under supervision in the community
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Parole
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a prisoner reentry strategy in which inmates receive supervised conditional early release from correctional confinement
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Revocation
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taking back or withdraw a privilege (parole)
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Balancing Test
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a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater
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Intermediate Sanctions
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Split Sentencing
Shock Probation Shock Incarceration Home Confinement |
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Split Sentencing
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A combination of brief incarceration followed by probation
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Shock Probation
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offender is sentenced to prison and is allowed to apply for probationary release
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Shock Incarceration
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these programs use "boot camps" to demonstrate reality of prison life
-mainly used for first time offenders -usually short term |
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Home Confinement
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"house arrest" sometimes combined with electric monitoring
-people may be able to leave during work hours and emergencies |
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Penitentiary Era (1790-1825)
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-started in Philadelphia by Quakers
-Rehab through penance (solitary confinement and Bible study) -"Pennsylvania System" |
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Mass Prison Era (1825-1876)
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Started with Auburn Prison (New York)
-Featured group workshops and silence enforced by whipping and hard labor -"Auburn System" was the primary competitor to the Pennsylvania system |
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Reformatory Era (1876-1890)
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-based on the use of indeterminate sentencing
-Started in Elmira (New York) -Used a system of graded stages -Ultimately considered a failure |
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Industrial Era (1890-1935)
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-Prisoners used for cheap labor
-Labor unions complained -Hawes-Cooper Act and Ashurst-Summers Act limited inmate labor |
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Punitive Era (1935-1945)
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-Characterized by belief that prisoners owed a debt to society
-Custody and institutional security are core values -Few innovations |
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Treatment Era (1945-1967)
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-"Medical Model" suggested inmates were sick and needed treatments
-Include individual or group therapy |
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Community-Based Era (1967-1980)
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-based on the idea that rehab cant occur in isolation from the real world
-prisons considered dehumanizing -led to innovations in the use of volunteers and the extension of inmate privileges |
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Warehousing Era (1980-1995)
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-longer sentences with fewer releases
-Prison overcrowding -greater emphasis on incarcerating non-violent drug offenders |
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Just Deserts Era (1995-present)
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-based on justice model
-Emphasis on individual responsibility and punishment |
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Early Punishments
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often cruel and torturous:
flogging public humiliation |
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Recidivism
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repeated or habitual relapse, as into crime.
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4th Amendment
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protects people against unreasonable search and seizure
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5th Amendment
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due process
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6th Amendment
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speedy and public trial
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8th Amendment
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protection against excessive fines and cruel and unusual punishment
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Delinquency
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violators of the criminal law
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Status Offenders
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a special category which embraces laws written only for children
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Dependent
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lacking parents to care for them, abandoned or placed for adoption
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abused/ neglected child
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neglected- lacking proper care from parents or guardians
Abused- Physically, sexually, or emotionally abused by custodians |
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Juvenile Justice Process
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family court
respondent interview petition law guardian county attorney fact finding hearing affirmative finding detention facility focuses on the interest of the child |
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Controlled Substance Act
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CSA set up 5 schedules, which classify psychoactive drugs according to degree of psychoactivity and abuse potential
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Comprehensive Drug Abuse Prevention and Control Act
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(1970) forms the basis of federal government efforts
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Harrison Act
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regulated and taxed the importation, and distribution of opiates.
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Drug Schedule type I
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Controlled subtances that have no established medical usage, cannot be used safely, and have great potential for abuse
examples: heroin LSD |
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Drug Schedule type II
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Substances defined as drugs with high abuse for potential for which there is currently accepted pharmacological or medical use. Most are considered addictive.
examples: Opium Morphine Cocaine PCP |
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Drug Trafficking
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transport of illegal drugs
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Interdiction
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the interception of drug traffic at the nation's borders. It is one of the many stratigies used to stem the flow of illegal drugs into the United States
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Eradication
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to remove or destroy completely
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Asset Forfeiture
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the authorized seizure of things of value
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Kent v. US
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Court Upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court
Juveniles are entitled to representation by attorneys at such hearings This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings |
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In Re Gault
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Court held for Gault based on 4 issues related to due process
-notice of charges -right to counsel -right to confront/cross examine witness -protection against self-incrimination |
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Interdiction
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the interception of drug traffic at the nation's borders. It is one of the many stratigies used to stem the flow of illegal drugs into the United States
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Eradication
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to remove or destroy completely
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Asset Forfeiture
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the authorized seizure of things of value
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Kent v. US
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Court Upheld appeal and ordered adequate hearings for juveniles being considered for transfer to adult court
Juveniles are entitled to representation by attorneys at such hearings This was the first time the Supreme Court recognized the need for at least minimal due process in juvenile court hearings |
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Roper v. Simmons
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stated that it was unconstitutional to impose capital punishment for crimes committed under the age of 18
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In Re Gault
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based on 4 issues related to due process
-notice of charges -right to counsel -right to confront/cross examine witness -protection against self-incrimination |
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Mickeiver v. Pennsylvania
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said that juveniles were not entitled to a trial by jury
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In Re Winship
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made clear that juveniles accused of crimes are entitled to the same constitutional protections as adults
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