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95 Cards in this Set
- Front
- Back
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4th Amendment
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Protects against unreasonable search and seizure.
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6th Amendment
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Guarantees individuals the right to a speedy and public trial.
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8th Amendment
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Excessive bail.
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Administrative services (in a PD)
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Internal investigations and officer training.
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Allocution
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Addressing the court prior to sentencing, limited to sentencing issues.
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Aftercare
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Parole for juveniles.
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Arraignment
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The defendant pleads guilty or not guilty during this time.
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Auxiliary service (in a PD)
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Data processing.
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Burger Court (U.S.C.)
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Adhered to the crime control model.
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Case Law
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Interpretations of statutory laws, which are the laws established by legislatures.
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Civil Law
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The principles that determine individual rights.
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Clearance rate
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The percentage of known crimes that have been solved through an arrest.
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Common Law
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The doctrines that protect the life, liberty, and property of U.S. citizens as set forth in the Declaration of Independence.
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Congregate system
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Requires prisoner isolation at night and silent work during the day.
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Contract labor system
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Involves selling convict labor to employers.
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Control Parole Conditions
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Help parole officers monitor parolees.
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Crime control model
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Stresses order and efficiency, tresses speedy convictions in the interests of society, which may involve overlooking procedures and errors.
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Detention Hearing
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Determine whether a juvenile should remain in custody or be released to a guardian. Bail is determined during this hearing.
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Determinate sentences
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A fixed term is set.
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Deterrence philosophy
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Preventing crimes by making examples of criminals.
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Disposition Hearing
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The judge has the discretion to dismiss a case, give a warning, require community service, impose a fine, or place the juvenile offender on probation.
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Diversion
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Halting the application of a criminal law against an individual in favor of an alternative program.
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Due process model
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Assumes that errors may occur in the justice system, stresses the need to protect a defendant's procedural rights in case errors occur.
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Frankpledge
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An old English system of internal policing that required every male over the age of 12 to help maintain public order.
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Furlough
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A temporary release from prison for one to three days.
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Incapacitation Philosophy
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A punishment philosophy that involves removing offenders from a community by imprisoning, exiling, or executing them.
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Indeterminate sentences
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Allow judges to specify a minimum and maximum time to serve in prison.
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Injunctive relief
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Involves a court order requiring prison officials to improve prison conditions or to cease the enforcement of unlawful policies.
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Intermediate sanctions
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Punishments that are harsher than probation and less severe than imprisonment.
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Kansas City experiment
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Compared three levels of patrolling methods and determined that patrols do not deter crime.
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Line services (in a PD)
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Traffic control and criminal investigations.
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Mark system
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Relates to the sentencing and release of convicted offenders. prisoners earned points for term reduction.
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M'Naghten Rule
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The basis of the insanity defense.
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Occupational crimes
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Price fixing and bribery, not considered visible crimes
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Parole Board
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Reviews parole violations, chooses prisoners for parole, and releases parolees from supervision. A parole board may investigate parole violations but not necessarily advocate for a parolee's arrest.
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Patrol Officers
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Handle domestic disturbances, help citizens, assess traffic accidents, controlling traffic, interpreting laws, and preventing criminal activities.
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Petition
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Arrest Warrants for juveniles.
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Presumptive sentences
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A range of time is set.
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Reform Parole Conditions
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Encourage parolees to refrain from criminal activities.
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Rehabilitation philosophy
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Changing the behavior of an offender.
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Status offense
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One in which only minors may be charged, such as running away, truancy, curfew violation, and tobacco smoking.
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Uniform Crime Reports
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A statistical summary of crimes reported to the police, from the FBI.
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Vengeance philosophy
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Community members are satisfied if they witness offenders being punished, such as through victim statements at sentencing hearings.
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Visible crimes
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Offenses that are the most disturbing to the public.
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Warren Court (U.S.C.)
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More in line with the due process model.
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Tennessee v. Garner
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Deadly force should not be used against a fleeing offender unless the felon is likely to escape or endanger other people.
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Palko v. Connecticut
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Relates to a person's Fifth Amendment protection against double jeopardy, being tried twice for the same crime with the same facts.
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Marbury v. Madison
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Established the idea that courts may review and nullify government actions.
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Lambert v. California
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Relates to the mistake of law defense.
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Hampton v. U.S.
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A Supreme Court ruling on entrapment.
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Durham v. U.S
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Expanded the M'Naghten rule by adding that individuals are not criminally responsible if they have a mental condition.
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Social process theory
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Any person in society has the potential to become a criminal regardless of race, education, or upbringing.
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Biological theory
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Genetic defects cause criminal behavior.
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Social structure theory
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Criminal behavior is linked to social class.
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Psychological theory
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Personality disorders lead to crime.
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House of Refuge
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A correctional facility for juveniles Established in New York City in 1825.
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Tort
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A Civil wrongdoing.
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Elmira Reformatory
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One of the first institutions for young offenders in the U.S. established in the late 1800s. The mark system of assigning points was the institution's primary system.
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Jones v. U.S
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Individuals found not guilty by reason of insanity may be confined to mental hospitals for terms longer than they would have been confined in prison if they had been found guilty.
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Strategic leniency
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Occurs when police supervisors overlook minor rule violations if officers show loyalty and adherence to significant rules.
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Reclassification
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Occurs when a felony is reduced to a misdemeanor.
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Justification
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An excuse for committing a criminal act.
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Trial courts of limited jurisdiction
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Used for misdemeanor cases and any lawsuits that involve a minimal amount of money.
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Trial court of general jurisdiction
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Handles felony cases and other types of civil suits.
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Shock probation
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Releasing an offender intermittently, such as during the week or daytime.
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Administrative law
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Focuses on the duties of administrative agencies, such as the Environmental Protection Agency and the U.S. Department of Agriculture, within the government.
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Furman v. Georgia
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The Court decided that death sentence procedures were unfair. This eventually led to new capital punishment laws in most states.
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In re Gault
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A 1967 case that gave due process rights to minors.
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Roper v. Simmons
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Set 18 as the minimum age for the death penalty.
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Breed v. Jones
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Relates to double jeopardy with juveniles.
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In re Winship
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The state must prove its case beyond a reasonable doubt in delinquency cases.
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U.S. district courts
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Serve as trial courts in the federal court system.
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Circuit courts
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(Appellate courts) handle federal appeals.
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Law Enforcement Assistance Administration (LEAA)
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Created in 1968 as an agency within the U.S. Department of Justice that provided funding to state and local law enforcement agencies for criminal justice programs.
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Jostling
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A specific type of assault that involves pushing another individual and is usually associated with pickpockets.
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mala in se
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Offenses that are clearly wrong, such as rape or murder.
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mala prohibita
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An offense that is prohibited by law but not inherently evil, like gambling.
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Title III of the Omnibus Crime Control and Safe Streets Act of 1968
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Allowed law enforcement agencies to tap phone lines and eavesdrop without a court order.
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Title II of the Omnibus Crime Control and Safe Streets Act of 1968
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Allowed the admission of confessions into trial even when defendants had not been read their rights.
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Hurtado v. California
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States did not have to indict individuals with a grand jury before prosecuting them for a capital crime.
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14th Amendment
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Prevents states from depriving "any person of life, liberty, or property without due process of law."
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Atkins v. Virginia
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Executing a mentally retarded offender violates the Constitution.
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Surety
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A third party that posts the bail bond for a defendant
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Peremptory challenges
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Used to remove prospective jurors for unspecified reasons.
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Federalism
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A system of government in which power is divided between national and state governments.
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Intake hearing
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Conducted in the juvenile court system to determine if probable cause exists for a petition.
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Adjudication inquiry
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A judge evaluates the child's behavior and the facts of the case and determines whether to dismiss the case or call an adjudication hearing.
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National Crime Victimization Survey
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A survey from the Bureau of Justice that gets information about reported and unreported crimes.
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Truth in sentencing laws
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Mandate that offenders serve the majority of a sentence, which means that credit for good behavior and parole eligibility are restricted or eliminated.
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Deputy warden in charge of custody
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Handles investigations, security, and prisoner discipline.
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Deputy warden in charge of management
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Handles laundry and budgets.
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Deputy warden in charge of programs
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Oversees counseling services.
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Release on recognizance
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Not having to post a bond.
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Penitentiary model
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The idea of disciplined routines introduced in the late 1800s in Pennsylvania. It involved housing inmates in individual cells.
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Anomie
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A lack of norms in society because of unclear rules.
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