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CJ exam 3
Terms in this set (47)
8 stages of a criminal trial
1. Trial initiation
2. Jury selection
3. Opening statements
4. Presentation of evidence
5. Closing statements/arguments
6. Judge's statement (charge) to the jury
7. Jury deliberation
Why are prosecution & defense attorneys both interested in jury selection?
They both want jurors that will sympathize with them and not favor the opposing side.
What is evidence?
Anything useful to a judge or jury in deciding a case
What is direct evidence?
Evidence that directly proves something
What is circumstantial evidence?
Evidence that requires interpretation
What are the 5 goals of criminal sentencing?
What is retribution?
call for punishment based on the need for vengeance.
What is incapacitation?
making it impossible to offend
What is deterrence?
people want to avoid punishment
What is rehabilitation?
focuses on fixing the individual. Used to be the main goal of the CJ system.
What is restoration?
focuses on fixing the community and relationships. Newest
What 2 criticisms of indeterminate sentencing prompted the introduction of structured sentencing?
What are the 4 levels of the criminal justice wedding cake?
misdemeanors -> lightweight felonies -> heavy duty felonies -> celebrated cases
What 5 factors determine whether the courtroom work group will regard a case as serious or not serious?
1. record of defendant
2. nature of the crime
4. was the victim injured
5. prior relationship between suspect and victim
What kind of sentence do non-serious felonies typically receive?
Or are dismissed
What kind of sentence do serious felonies typically receive?
Are sentencing outcomes less predictable in this layer of the cake?
What is alternative sentencing?
Can include probation, fines, community service, or anything else.
What are 3 arguments made in favor of capital punishment?
Merciful to the accused
Peace of mind for families
What are 6 arguments made against capital punishment?
1. Extremely expensive
2. Some feel it is too harsh a punishment
3. Doesn't deter other criminals.
4. Innocents can be convicted and killed.
5. Throws away the idea of rehabilitation
What is probation?
a sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions of behavior.
What is the most common form of criminal sentencing in the United States?
What is parole?
The status of a convicted offender who has been conditionally released from prison by a paroling authority before the expiration of his or her sentence, is placed under the supervision of a parole agency, and is required to observe the conditions of parole.
What are 7 advantages of probation & parole?
1. Lower cost
2. Increased employment
4. Community support
5. Reduced risk of criminal socialization
6. Increased use of community services
7. Increased opportunity for rehabilitation
What are 4 disadvantages of probation & parole?
1. Lack of punishment
2. Increased risk to community
3. Increased social cost
4. Discriminatory and unequal effects
What is shock incarceration?
A sentencing option that makes use of "boot camp" -type prisons to impress on convicted offenders the realities of prison life.
What is intensive probation supervision?
A probation supervision involving frequent face-to-face contact between the probationer and the probation officer.
What is home confinement?
House arrest. Individuals ordered confined to their homes are sometimes monitored electronically to ensure they do not leave during the hours of confinement. Absence from the home during working hours is often permitted.
What is remote location monitoring?
A supervision strategy that uses electronic technology to track offenders who have been sentenced to house arrest or who have been ordered to limit their movements while completing a sentence involving probation or parole.
In the U.S., what 2 races are more likely than whites to be perpetrators or victims of crime?
Blacks and Native Americans (indigenous am.)
Criminal laws connected with what 2 wars are though to have a discriminatory impact against minorities?
War on Drugs
War on Gangs
How does uncontrolled discretion relate to racism in the criminal justice system?
the system is more racist when police have more discretion
Do minorities face racial discrimination in the juvenile justice system?
What Supreme Court decision reduced deadly police assaults?
Tennessee v. Garner
In what sense is racism in the criminal justice system cumulative?
Just one case of bias determines the rest of one's course through the system. Adds to their record, making each crime after it have more serious repercussions than someone committing the exact same offense without the initial bias.
Is there consistent evidence of racial police bias?
Does race seem to play a role in sentencing outcomes?
yes. mixed evidence whether race effects pre-trial decisions
Offenders of what race who kill victims of what race are more likely to receive a sentence of death?
Blacks who murder whites
Offenders who kill victims of what race are least likely to receive a sentence of death?
those who murder blacks
When did the modern prison emerge?
What were the 3 elements of prison discipline?
1. Total silence
2. Hard work
3. Religious instruction
How did prison industries undermine prison discipline?
Could prison administrators prevent prisoners from communicating?
How did prison administrators' training undermine prison discipline?
Rehabilitative initiatives in the 1960's emphasized what?
The Supreme Court ended what unofficial doctrine with respect to U.S. prisons?
"Hands off" era
What 2 developments prompted the warehousing era?
1. Reaction of higher crime rates
2. Fear of recreational drugs, especially crack cocaine.
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