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Three Concepts of Parole

Grace or privilege, Contract of consent, Custody

Capt. Alexander Maconochie

Developed Mark system; ticket of leave

Sir Walter Crofton

Director of Irish Penal system; prisoners released early had low recidivism rates

Elmira Reformatory 1876

Zebulon Brockway; Classification system; Irish system; NY created first Parole authority

Medical Model

A model of corrections based on the assumption that criminal behavior is caused by social, psychological, or biological deficiencies that require treatment.

Justice Model

a sentencing model proposing determinate sentences with the abolition of parole

Just deserts Model

a sentencing model with sentences fixed so that punishment fits the crime

Discretionary Parole

release of inmates in which the decision is made by a parole board

Unconditional Mandatory release

type of release which inmates serve full portion of their sentence and have no supervision after release from prison

Prisoner reentry

A corrections strategy designed to prepare inmates for a successful return to the community and to reduce their criminal activity after release.

Status Offense

any act committed by a minor that would not be a crime if committed by an adult (e.g., truancy, runaway, or unruly behavior)

Refuge period

a period from 1824 to 1899 when delinquent children were place in homes for training and discipline.

parens patriae

A common law principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide.


aggressive juvenile offender believed to engage in frequent and dangerous behaviors


Juvenile justice system becomes more punitive and looking more like adult correctional system

dependent children

children who, although committing no legal offense, may be without a parent or guardian, possibly because the parent is physically or mentally unable to act in that capacity

neglected children

children who have a family but are not receiving proper care

delinquent children

children who have committed an act that would be considered criminal if committed by an adult

rule of the seven

<7 no capacity 7-14 Presumption of no capacity (not compitent at that age; but with goo argument you can argue) 14-21 has capacity, you are competent

morrissey v. brewer 1972

Supreme court decision that once parole is granted, liberty interest is created and offenders must have certain due process rights to revoke that liberty

In re Gault

Juveniles accused of crimes get same due process rights as adults [timely notification, witness confrontation, right to counsel, etc]

Kent v. United States 1966

The Supreme Court case that decided that the courts must provide the "essentials of due process" in transferring juveniles to the adult system.

In re Winship 1970

required the government to prove "beyond a reasonable doubt" for juveniles

McKeiver v. Pennsylvania 1971

juveniles do not have a constitutional right to a trial by jury

Schall v. Martin 1984

Preventive detention for "dangerous" juveniles

Stanford v. Kentucky 1989

Death penalty ok for juveniles who commit offenses at age of 16 or older

Roper v. Simmons 2005

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

Graham v. Florida 2010

Life without parole for minors is unconstitutional unless murder was involved

Special offenders

offenders whose circumstances, conditions, or behaviors require management or treatment outside the normal approach to supervision


Juvenile court judge determines whether offender is waived from the juvenile justice system to adult criminal court

Direct file

prosecutors' power to try juveniles directly in adult criminal courts

Blended Sentecing

a middle ground between juvenile and adult sentences that allows judges to choose from a broad array of both juvenile and adult sanctions

Containment Model

an approach to managing sex offenders that includes treatment to develop internal control over deviant thoughts, supervision and surveillance to control external behaviors, and polygraph examinations to monitor conformance to treatment plans and supervision conditions.

Three Points of Containment Model

1. Internal control over deviant thoughts
2. Supervision to control external behavior
3. Polygraph exams to monitor conformance

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