CRJU 313 Test 4 2011

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Reasons for increase time of incarceration over the years?

1) Retribution
2) Incapacitation
3) Deterrence
4) Rehabilitation

What are the mail factors regarding sentencing?

1) Seriousness of Offense
2) Prior Record

If convicted you must serve the a set amount of no matter what?

Mandatory Minimum Sentences

Different ways states have Mandatory Minimum Sentences?

1) 3 Strikes
-------3 serious offenses
2) 2 Strikes laws

Who invokes LWOP 3 strike laws?

Solicitors

Who invokes 2 strikes LWOP?

Mandatory LWOP no invoke

Why are prison time getting longer?

LWOP laws

What are some problems with LWOP?

1) defendants hold out for trial, and court gets backed up.
2)Some people deserve a break
3) Prison is expensive

Who in the courtroom work group affect sentencing?

ALL
-Prosecutor (most powerful)
-Defense (Beggars)
-judges (final authority)

What are different types of sentencing?

1) Fines
2) Restitution
3) Public Service Work
4) Probation
5) Jail

What is the primary alternative to incarceration?

Probation

How many people in the US are on probation?

4 million

What is a type of probation?

Intensive Probation

Restrictions of Probation?

1) no drugs
2) Specific Standards
3) Intensive Probation
4) Electronic Monitoring
5) House Arrest
6) Community Service

In SC what is you maximum time you can be sentenced to, in order to stay in county jail?

90 days, 91 you are moved to prison

What percentage of prison inmates are male?

93%

Female prison population is rising!

...

What is the cost of a new prison.

$100,000 per cell

How much annually does it cost to incarcerate a prisoner?

$30,000

What is intermediate sentencing?

10-30 years
based on behavior.

What is determinate sentencing?

10 years you can serve it all, but you can still get released on good behavior.

two types of parole offenses?

Parole
-parole permitted
--may get good time credit
---parole maybe revoked if defendants violates parole standards.
NON-PAROLE
-must max out sentences and cannot get parole. 85% is max out.

What is the federal high security prisons?

US Penitentiary

What types of penitentiaries are there?

1- Administrative Maximums
2- Middle Security

What is a federal prison camp?

Middle security

What is the highest US Pens security prisons?

Administration Maximum

What are the types of state prisons?

1- Medium
2- Maximum
3- Middle

If you are arguing the death penalty what amendment are you arguing?

8th amendment

Who cannot receive the death penalty?

1- younger than 18 when the crime was committed
2- Mentally retarded
3- incompetent prisoners
- but if you can be made competent you can be executed

state and federal governments have their own death penalty rules

Some states have death penalty rules but they do not use them

What to area's in the US carry out the most executions?

south and the west

how many people are on death row ?

3500

What are the characteristics of the average death row inmate?

-male
-black
-poor
-uneducated

If the defendant is black and the victim is white, they are more likely to receive death row?

Offender- Victim Racial Dyad.

What type of trial is a death penalty trial?

Bifurcated

What does the bifurcated trial consist of ?

Guilt phase
sentence phase

How long of a break in a bifurcated trial, between a guilt verdict and sentence phase?

24 hours

What consist of the sentence phase in a death row case?

witness testify
Jury decides if the recommend LWOP or Death

If convicted of a certain crime, they automatically get the death penalty?

Mandatory Death Penalty

What is the supreme courts view of mandatory Death Penalty?

They say its inhumane

What is the purpose of an appeal

to correct errors at the lower court level?

What can the defendant appeal?

1) guilty plea
2) Trial

Does each state have an appellate court?

yes

What makes up the multi layer appellate court system?

-Intermediate court of appeals
-mandatory appellate jurisdiction
-Discretionary appellat jurisdiction

The US supreme court is what type of appellate court

Discretionary

What does the US supreme court issue if they want to hear the case?

Writ of Certiori.

What is filed by inmates requesting an appeal?

Habeus corpus

how many have to agree to issue a writ of cert in the US supreme court?

4 out of 5

How many members must agree to overturn a conviction in the US supreme court?

5 out of 9

What are the US supreme court hearing fact of?

Law NOT guilt

Fact of law question ?

-trial judge ruled on something improper
- somewhere there was an error

Types of errors in court?

reversible error.
---big enough to overturn the case
Harmless Error
--- There was an error but it did not affect the overall hearing.

What cannot be appealed?

the question of facts.

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