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