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criminal justice 238
Terms in this set (27)
-the means, financial or property, used to release a defendant from jail
why is the prosecutor very important in the sentencing process?
2.plea bargaining (most cases settles with plea bargain.
-time management/couldn't afford to fund courts 24/7 without plea bargains
-prosecutor is the one with authority to plea bargain
3. nolle pross.= not process a charge
4. bond= prosecutor has the ability to have an influence from the beginning
-no oversight on how a common wealth attorney prosecutes their case
why is the judge important in the sentencing process?
1/sets the sentencing/ no plea bargain/ no jury. -hears evidence decides sentence
2.jury- instructs-due process
3.sentencing guidelines aren't mandatory in Virginia
what is the role of the probation staff in the sentencing process?
1.somewhat limited/different in other places
3.pre-sentence investigation presport (PSI)
1.we incarcerate by more than 50% than other countries/places
2.federal expenses are way more expensive. -they pay the employees better/better benefits
3.incarcerate more than England an Canada
4.more than Finland and Norway
5.disenfranchise more offenders
6. federal- mandatory sentencing
professionalism in policing/ corrections
-in the 70s moved toward professionalism in policing-goes along with corrections
-have to complete an academy
what do bail bondsman do? what percentage of the bail is the typical fee for bondsmen?
1.they provide the service when you don't have anybody.
2. they can decide what cases they want to take (in Virginia) -may vary other places
3.you dont get the money back
4. only people in this country that dont need a warrant -because you signed 4th amendement away
what is an ROR?
1.released on recognizance
2.being released on your word that you will return (can not incarcerate everyone who comes in)
what is the difference between consecutive and concurrent sentencing?
consecutive- sentencing after you have already had one
concurrent- co-occuring sentences
a deduction of time awarded for inmates good behavior
compare and contrast indeterminate and determinate sentencing
indeterminate (given a range): 10-20/ can get out of prison in 10 years if you work for it, instead of doing 20 years
determinate (mandatory): 10 years/ 85% of prison time (unless you do something to get a new charge)
who was John Augustus
1.first probation office
2.became a part of abstinence society
3.became interested in people who went to jail due to drinking
4.would maybe employ some of them
explain the community corrections act (68)
state based act through which local governments receive subsidies for diverting people from incarceration
form of punishment that permits a convicted offender to remain in community under supervision of probation officer and subject to conditions set by court
payment by an offender either to victim or public fund for victims of crime
requires an offender to perform a certain number of work hours at a private/govt. agency (goodwill, salvation army, parks & rec, on campus)
what is the difference between probation and parole?
parole: the early supervised release of an offender from prison
what are the basc=ic functions of a probation officer?
making amends to the victim or to society for the harm resulting form a criminal offense
a term given to the high rates of incarceration in the United States
medical model of corrections
the idea that criminality is a sickness that can be cured through psychological intervention
-criminals sick/mentally ill
walnut street jail
- Inmates were taught to read and write
-Inmates paid rent, for their food
-Inmates were taught a viable trade
Compare and contrast PENNSYLVANIA and AUBURN penitentiary models.
auburn: penal method of the 19th century in which people worked during the day and were kept in solitary confinement at night, with forced silenced at all times
Pennsylvania: penal method based on the principle that solitary confinement fosters penitence and encourages formation.
-both based on a belief that criminal habits were learned from and reinforced by other criminals
-first congressional conference attended
-first person to talk about reforming, giving people tools to reform, felt it was our function as a government to help and shield
-made superintendent of Elmira reformatory
-built with intention of helping 16 to 10 year olds - if you treated them differently and treat them with respect they would do better
-first to try reward systems
-prisoners earned a very small wage by working
-he believed in corporal punishment
-english sheriff -jail reform
-writings on the conditions in the jail
-strong advocate for reform
the idea that punishing one person for his or her criminal acts will discourage others from committing similar acts
the idea that an individual offender will decide against repeating an offense after experiencing the painfulness of punishment for that offense
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