Sunday Forum:
Is the government doing enough to enforce environmental laws and regulations?
I do not believe that the government of Guam is doing enough to enforce environmental laws and regulations. There is no funding to pay the individuals who enforce environmental rules or to maintain public places. This gives others the opportunity to break environmental rules with no punishment. It is evident by the amount of environmental pollution that the government and the citizens of Guam are not doing all they should to protect our land and surroundings.
Kimberly Castro166 S. David Gorton Street
Talofofo,Guam 96915
Saturday, May 12, 2007
Letter to a Leader
To: Congresswoman Madeline Bordallo May 09, 2007
Fr: Kimberly M. Castro
Dear Congresswoman,
Thank you for taking the time to read this letter. My name is Kimberly Castro and I am writing to you in regards to the treatment of the soldiers in the Guam Army Reserves and National Guard who have served time in Iraq. With all due respect, I believe these soldiers are not receiving the benefits they should be entitled to – such as: their retirement money should they decide to retire after their tour of duty. Medical care should be afforded to these civilian warriors. Although they are not contracted under active duty, once activated to a war zone they are considered active duty soldiers. They receive active duty pay and benefits. However, once their tour of duty is over. They are sent home and once again labeled as reservist or guardsmen, who are not given the benefits they deserve for fighting for our freedom. I feel that this issue should be addressed. Thank you once again for your time.
Sincerely,
Kimberly Castro
Fr: Kimberly M. Castro
Dear Congresswoman,
Thank you for taking the time to read this letter. My name is Kimberly Castro and I am writing to you in regards to the treatment of the soldiers in the Guam Army Reserves and National Guard who have served time in Iraq. With all due respect, I believe these soldiers are not receiving the benefits they should be entitled to – such as: their retirement money should they decide to retire after their tour of duty. Medical care should be afforded to these civilian warriors. Although they are not contracted under active duty, once activated to a war zone they are considered active duty soldiers. They receive active duty pay and benefits. However, once their tour of duty is over. They are sent home and once again labeled as reservist or guardsmen, who are not given the benefits they deserve for fighting for our freedom. I feel that this issue should be addressed. Thank you once again for your time.
Sincerely,
Kimberly Castro
Pursuit of Happiness (3)
The Pursuit of Happiness is a true story about a struggling salesman, Chris Gardener. He takes custody of his son Christopher after his wife leaves him. Chris goes up for an internship as a stockbroker and hangs on to his dream of giving his son a good life. For weeks they were homeless and went days without food but never lost their hope. In the end Chris’s hard work and faith got him the job. He came to be a millionaire and was able to give his son the life he had always promised him. I think this movie shows that if you believe you can do it, you can. Even if everyone around doubts you, like everybody doubted Chris, all that matters is that you don’t doubt yourself.
This movie also shows that even if you are a good hardworking person, the world does not slow down for anybody. Anyone can become homeless overnight but the thing that matters is how you deal with it. Another thing I liked about this movie is that it showed Chris not only overcoming his bad times but also breaking down. It shows us that when times get hard it is okay to cry. Its okay to admit that it is hard and that you feel pain. For example, in the restroom at the train station Chris played with his son until he fell asleep. Then when his son was sleeping in his arms, he cried. I really liked how he had his doubts but never let his son see that part of him. It reminded me that no matter how strong people may seem, everybody has pain.
This movie also shows that even if you are a good hardworking person, the world does not slow down for anybody. Anyone can become homeless overnight but the thing that matters is how you deal with it. Another thing I liked about this movie is that it showed Chris not only overcoming his bad times but also breaking down. It shows us that when times get hard it is okay to cry. Its okay to admit that it is hard and that you feel pain. For example, in the restroom at the train station Chris played with his son until he fell asleep. Then when his son was sleeping in his arms, he cried. I really liked how he had his doubts but never let his son see that part of him. It reminded me that no matter how strong people may seem, everybody has pain.
Thursday, May 10, 2007
Interview Q's with Officer Barry Flores
1. Do you believe that exposure to danger causes police officers to have a pessimistic outlook on human behavior?
I don't believe that exposure to danger causes police officers to have a pessimistic outlook on human behavior. It has made me more aware and cautious that certain stressful situations tend to make an individual(s) react differently. In this line of work, an officer should always try to remain non-bias. Every situation should be dealt with case by case. One case cannot justify a pessimistic reasoning for all others.
2) Have you ever experienced what is populary known as "Police Stress" - 'the emotional pressure produced by the nature of police work such as public apathy, exposure to criminals, or injury to fellow officers?
True, but this is a common element that all police officers are exposed to. Prior to applying to any law enforcement agency, the applicant does not fully understand what is expected of him/her. The so called "stress factors" within the police department are numerous. more so, than any other profession that I've been a part of. The large majority of the public and criminals respect officers, the badge and what the badge represents. As for a fellow officer being injured, I am sure all officers feel something, but each officer copes with it in his/her way. "Police Stress" encompasses a wide range of concerns. This type of profession exposes officers to situations like no other job on earth. Officers see, record in writing, testify to the most heinous crimes imaginable. The work hours are long, the shortage of officers are constant, overtime pay outs are dependant on agency funds available, spouses and children pray for the safe return of their loved one when he/she leaves for work each time, etc., etc., etc. The list can go on and on....
3)Alexander Smith conducted a series of studies on the influence of education on attitudes of police officers. He found that the more college education an officer has attained, the less dogmatic their attitudes were and the higher/better their job performance. Do you believe this to be true? Besides adding more to your 'to do list', how has your college education affected your performance at work?
Any individual, policemen or any other profession, have already been raised through their years with insight and an attitude. Learning something else within a classroon or book only alters an attitude, that I feel is temporary. In short, speaking from experience, attending college for a degree only adds to the so called "police stress" that you asked about in question number 2. Even after receiving a college degree, there is no guarantee of a promotion towards rank. School like anything else, is done for self improvement. The only thing school adds, is to the already high level of stress.
4) Police Attitude is said to stem from two sources. The first is the Socialization Model which states that police officers learn their attitudes and values from socializing experiences, such as education and experience on the job. The second is the Predispositional Model which states that the attitudes and values of police officers are developed prior to entry into the law enforcement profession? Which theory do you agree with?
Like I mentioned, a person's attitude is shaped from his/her upbringing not from training.
5. As briefly as possible, describe a typical day of work.
My typical day begins at 7am. though my regular starting time is 8am. Being that I am attending college, I start work earlier than usual to make up for my time at school. I also skip my lunch hour to also compensate for time away. My day starts by doing write up of interviews conducted on the previous day(s). In between these write-ups, I schedule appointments. I deal with reading case files over and over to see if all investigations were completed. I can go on and on, but there is a lot. I am also a member of the Crisis/Hostage Negotion Team. When off from my regular daily duties at 6pm, I am an on-call investigaor to be activated for any crucial case(s) at any time of need.
6) Is it difficult to seperate your occupation from your family/home life?
I've learned to keep both separate, though, at times they conflict. This takes some juggling and patience from the wife and family before a system is down pat.
7) Do you feel that the general public is non - supportive when working with police?
The general public is very cooperative when dealing with the police. Sometimes, of course, there are those unwilling individuals or those individuals who tend to watch a lot of "Law and Order" or some other law enforcement series.
8) In what ways do media images distort the true nature of policing? What is a common misconception about police officers?
Media will always print and say anything that helps to sell the product. They try to be careful of what they say. There's is always the First Amendment "Freedom of Speech". Investigators are very selective on what they pesent to the media without providing too much details. The media, will not jeopardize their relations with the police department by printing damaging material. It would not be worth ruining communications just on a one-time story.
I don't believe that exposure to danger causes police officers to have a pessimistic outlook on human behavior. It has made me more aware and cautious that certain stressful situations tend to make an individual(s) react differently. In this line of work, an officer should always try to remain non-bias. Every situation should be dealt with case by case. One case cannot justify a pessimistic reasoning for all others.
2) Have you ever experienced what is populary known as "Police Stress" - 'the emotional pressure produced by the nature of police work such as public apathy, exposure to criminals, or injury to fellow officers?
True, but this is a common element that all police officers are exposed to. Prior to applying to any law enforcement agency, the applicant does not fully understand what is expected of him/her. The so called "stress factors" within the police department are numerous. more so, than any other profession that I've been a part of. The large majority of the public and criminals respect officers, the badge and what the badge represents. As for a fellow officer being injured, I am sure all officers feel something, but each officer copes with it in his/her way. "Police Stress" encompasses a wide range of concerns. This type of profession exposes officers to situations like no other job on earth. Officers see, record in writing, testify to the most heinous crimes imaginable. The work hours are long, the shortage of officers are constant, overtime pay outs are dependant on agency funds available, spouses and children pray for the safe return of their loved one when he/she leaves for work each time, etc., etc., etc. The list can go on and on....
3)Alexander Smith conducted a series of studies on the influence of education on attitudes of police officers. He found that the more college education an officer has attained, the less dogmatic their attitudes were and the higher/better their job performance. Do you believe this to be true? Besides adding more to your 'to do list', how has your college education affected your performance at work?
Any individual, policemen or any other profession, have already been raised through their years with insight and an attitude. Learning something else within a classroon or book only alters an attitude, that I feel is temporary. In short, speaking from experience, attending college for a degree only adds to the so called "police stress" that you asked about in question number 2. Even after receiving a college degree, there is no guarantee of a promotion towards rank. School like anything else, is done for self improvement. The only thing school adds, is to the already high level of stress.
4) Police Attitude is said to stem from two sources. The first is the Socialization Model which states that police officers learn their attitudes and values from socializing experiences, such as education and experience on the job. The second is the Predispositional Model which states that the attitudes and values of police officers are developed prior to entry into the law enforcement profession? Which theory do you agree with?
Like I mentioned, a person's attitude is shaped from his/her upbringing not from training.
5. As briefly as possible, describe a typical day of work.
My typical day begins at 7am. though my regular starting time is 8am. Being that I am attending college, I start work earlier than usual to make up for my time at school. I also skip my lunch hour to also compensate for time away. My day starts by doing write up of interviews conducted on the previous day(s). In between these write-ups, I schedule appointments. I deal with reading case files over and over to see if all investigations were completed. I can go on and on, but there is a lot. I am also a member of the Crisis/Hostage Negotion Team. When off from my regular daily duties at 6pm, I am an on-call investigaor to be activated for any crucial case(s) at any time of need.
6) Is it difficult to seperate your occupation from your family/home life?
I've learned to keep both separate, though, at times they conflict. This takes some juggling and patience from the wife and family before a system is down pat.
7) Do you feel that the general public is non - supportive when working with police?
The general public is very cooperative when dealing with the police. Sometimes, of course, there are those unwilling individuals or those individuals who tend to watch a lot of "Law and Order" or some other law enforcement series.
8) In what ways do media images distort the true nature of policing? What is a common misconception about police officers?
Media will always print and say anything that helps to sell the product. They try to be careful of what they say. There's is always the First Amendment "Freedom of Speech". Investigators are very selective on what they pesent to the media without providing too much details. The media, will not jeopardize their relations with the police department by printing damaging material. It would not be worth ruining communications just on a one-time story.
Wednesday, May 9, 2007
Open Activity - Ten Lies.
1. My Father is a junior in college.
2. My great-grandfather was the Master Carver of Guam.
3. Two of my family members committed suicide in the same year.
4. I've seen a dead body on the road while driving.
*5. I have never been to the mainland.
*6. I own three dogs.
*7. I love to swim.
8. I can name most parts of my car engine.
9. I've attended four high schools.
10. I graduated a year early from high school.
11. My father works at DYA.
12. My mother can speak Chamorro fluently.
13. I have 37 first-cousins on my dad's side.
*14. I've known my best friend for five years.
15. My auntie Karen was stabbed to death by her husband whom she was separated from at the age of 33.
16. Alcoholism runs in my grandfathers family.
17. My biological grandfather is a convicted pedophile.
*18. I graduated at the top of my class.
*19. My dad pays all my bills.
*20. I've never been pulled over by the cops.
*21. I am excellent cook.
*22. I am the youngest in my family.
*23. I have one brother and two sisters.
24. My stepbrother is a doctor.
25. I only drink water.
2. My great-grandfather was the Master Carver of Guam.
3. Two of my family members committed suicide in the same year.
4. I've seen a dead body on the road while driving.
*5. I have never been to the mainland.
*6. I own three dogs.
*7. I love to swim.
8. I can name most parts of my car engine.
9. I've attended four high schools.
10. I graduated a year early from high school.
11. My father works at DYA.
12. My mother can speak Chamorro fluently.
13. I have 37 first-cousins on my dad's side.
*14. I've known my best friend for five years.
15. My auntie Karen was stabbed to death by her husband whom she was separated from at the age of 33.
16. Alcoholism runs in my grandfathers family.
17. My biological grandfather is a convicted pedophile.
*18. I graduated at the top of my class.
*19. My dad pays all my bills.
*20. I've never been pulled over by the cops.
*21. I am excellent cook.
*22. I am the youngest in my family.
*23. I have one brother and two sisters.
24. My stepbrother is a doctor.
25. I only drink water.
Friday, May 4, 2007
Chapter 18 Vocabulary & Outline
"Comparative Criminal Justice"
Vocabulary.
01. Synnomie - The sharing of values to the point of harmonious accommodation of divergent views.
02. Anomie - A "normlessness", or lack of attachment felt by some people toward their society.
03. Transnational crime - Offenses in which the planning and execution of the crime involve more than one country.
04. Hijacking- The unauthorized seizure of a land vehicle, aircraft, or other conveyance while it is in transit.
05. Trafficking in humans - The smuggling of women and children form their home countries, usually for purposes of sexual exploitation.
06. Corruption - A term referring to bribery or extortion, through misuse of official position, either for personal gain or through threats of harm or legal action to force payment.
07. War crimes - Violations of law committed in excess of the brutality of the war itself.
08. Genocide - Intentionally destroying an ethnic, racial, national, or religious group in a systematic manner.
Outline.
The Risk of Crime Around The World.
`It is difficult to compare crime rates in different nations because of various methodological problems.
`The world crime surveys conducted by the United Nations have found that theft is the most common crime. Assault is the most frequently committed violent crime.
`Victimization surveys have found that crimes is not often reported to police and that victims and offenders share many of the same characteristics.
`Countries with low crime rates appear to have developed strong social control through family systems and religious tradition, practice, and belief.
Transnational Crime.
`Greater ease of travel and communication has made the commission of crime much easier.
`Among the most significant types of international crime are hijacking, trafficking in humans, corruption, and war crimes.
Transnational Law Enforcement.
`The International Criminal Police Organization (Interpol) assists member law enforcement agencies requiring information about crimes or criminals of a transnational nature.
`Europol shares information about drug trafficking among member countries of the European Union.
`Effects are being made to professionalize law enforcement agencies around the world.
`Efforts to establish an international criminal court have been hampered by differences of opinion among nations.
`There are four families of law: civil, common, Islamic, socialist.
`Although there are international differences in the punishment of criminals, basic standards of treatment should apply everywhere. These have been codified by the United Nations in the Standard Minimum Rules for the Treatment of Prisoners.
`The forcible abduction of a fugitive from one country to be brought to justice in another raises legal and ethical problems. Similar problems arise when fugitives are lured to other countries.
Vocabulary.
01. Synnomie - The sharing of values to the point of harmonious accommodation of divergent views.
02. Anomie - A "normlessness", or lack of attachment felt by some people toward their society.
03. Transnational crime - Offenses in which the planning and execution of the crime involve more than one country.
04. Hijacking- The unauthorized seizure of a land vehicle, aircraft, or other conveyance while it is in transit.
05. Trafficking in humans - The smuggling of women and children form their home countries, usually for purposes of sexual exploitation.
06. Corruption - A term referring to bribery or extortion, through misuse of official position, either for personal gain or through threats of harm or legal action to force payment.
07. War crimes - Violations of law committed in excess of the brutality of the war itself.
08. Genocide - Intentionally destroying an ethnic, racial, national, or religious group in a systematic manner.
Outline.
The Risk of Crime Around The World.
`It is difficult to compare crime rates in different nations because of various methodological problems.
`The world crime surveys conducted by the United Nations have found that theft is the most common crime. Assault is the most frequently committed violent crime.
`Victimization surveys have found that crimes is not often reported to police and that victims and offenders share many of the same characteristics.
`Countries with low crime rates appear to have developed strong social control through family systems and religious tradition, practice, and belief.
Transnational Crime.
`Greater ease of travel and communication has made the commission of crime much easier.
`Among the most significant types of international crime are hijacking, trafficking in humans, corruption, and war crimes.
Transnational Law Enforcement.
`The International Criminal Police Organization (Interpol) assists member law enforcement agencies requiring information about crimes or criminals of a transnational nature.
`Europol shares information about drug trafficking among member countries of the European Union.
`Effects are being made to professionalize law enforcement agencies around the world.
`Efforts to establish an international criminal court have been hampered by differences of opinion among nations.
`There are four families of law: civil, common, Islamic, socialist.
`Although there are international differences in the punishment of criminals, basic standards of treatment should apply everywhere. These have been codified by the United Nations in the Standard Minimum Rules for the Treatment of Prisoners.
`The forcible abduction of a fugitive from one country to be brought to justice in another raises legal and ethical problems. Similar problems arise when fugitives are lured to other countries.
Chapter 17 Vocabulary & Outline
"Juvenile Justice"
Vocabulary.
01. Delinquency - A criminal act committed by a person under the age of the majority.
02. Status offenses - Undesirable behaviors that are unlawful only for juveniles, including habitual truancy, curfew violations, repeated running away, and ungovernability or incorrigibility in failing to respond to the reasonable requests of parents.
03.Parens patriae - (the state acts as a parent) The view that juvenile law violations are a sign that parents cannot or will not take care of their child adequately and that it is up to the state to step in and act in his or her best interests, thus preventing future misbehavior.
04. Double jeopardy - A constitutional provision that a person cannot be criminally prosecuted twice for the same crime.
05. Detention center - A short-term secure facility that holds juveniles awaiting adjudication, disposition, or placement in an institution.
06. Shelter - A short-term nonsecure facility that operates like a detention center but within a physically unrestricted environment.
07. Reception/diagnostic center - A short- term facility that screens sentenced juveniles for assignment to an appropriate level of custody.
08. Training school - A long-term secure facility for adjudicated juveniles.
09. Ranch, forestry camp, or farm - A long-term nonsecure setting for adjudicated juveniles.
10. Group home - Long-term nonsecure facilities that allow juveniles to attend school and employment in the community.
Outline.
Juvenile Justice Versus Criminal Justice.
`The philosophy that the state should not act in the best interests of children who receive improper care and treatment at home is known as paren patriae.
`In recent years controversy has arisen over the legal treatment of juveniles, and there is much disagreement over the proper goals of the juvenile justice system.
The Nature and Extent of Delinquency
`The most commonly used indicator of delinquency is the rate of juvenile arrests. Most of these arrests are for property crimes, although the proportion of juveniles arrested for those crimes has decreased in the last two decades.
`Younger juveniles are arrested significantly less often than older juveniles, and the majority of those arrested are male.
`Self-reports show that delinquency is extremely common and that relatively few delinquents are caught. They also reveal that offense rates do not differ greatly by race or social class.
Foundations of Juvenile Justice
`When the first juvenile court was established in 1899, the emphasis of the juvenile justice process changed from deterrence and incapacitation to rehabilitation.
`Objections to the parens patriae philosophy centered on the lack of legal counsel and basic due process protections, as well as the failure of the state to reform delinquents.
`In the 1960s, these concerns were addressed through various modifications of the juvenile justice system.
The Law And Procedure of Juvenile Justice
`In Kent v. United States, the Supreme Court ruled that a juvenile must receive a hearing before being referred to criminal court for trial as an adult.
`The Supreme Court has ruled that juvenile offenders and their parents must be notified of the charges early and in writing and that juveniles have a right to counsel and the right of protection against self-incrimination.
`During the adjudicatory stage of a delinquency proceeding the charges must be proved beyond a reasonable doubt.
`The Supreme Court has ruled that juveniles have the same protection against double jeopardy as adults.
`In ruling on preventive detention, the Court has placed the protection of the community above the needs of the child.
`Searches of students in public schools are justified when there are "reasonable grounds" that evidence will be found of violations of law or school rules.
`Offenders over the age of sixteen who commit capital crimes are subject to the death penalty.
Juveniles in The System: Police, Courts, Corrections
`Police generally have five alternatives in deciding how to handle a juvenile: (1) warn and release, (2) refer to juvenile court, (3) refer to a social welfare agency, (4) refer to another police department, or (5) refer to criminal court for prosecution as an adult.
`Recent statistics show that fewer juveniles are released and more are being sent to court; an increasing number are being tried as adults.
`An increasing number of delinquents are being placed in institutions or other residential facilities for juveniles.
`Recent legislation reflects the national trend toward punitive treatment of juveniles in a manner similar to the treatment of adults.
The Outlook for Juvenile Justice
`The typical juvenile delinquent is a male serving time for a property crime, is a regular user of drugs and alcohol, has not finished the ninth grade, and comes from a single-parent home.
`To reduce the number of serious delinquents, action must be taken to address the conditions in which they live.
Vocabulary.
01. Delinquency - A criminal act committed by a person under the age of the majority.
02. Status offenses - Undesirable behaviors that are unlawful only for juveniles, including habitual truancy, curfew violations, repeated running away, and ungovernability or incorrigibility in failing to respond to the reasonable requests of parents.
03.Parens patriae - (the state acts as a parent) The view that juvenile law violations are a sign that parents cannot or will not take care of their child adequately and that it is up to the state to step in and act in his or her best interests, thus preventing future misbehavior.
04. Double jeopardy - A constitutional provision that a person cannot be criminally prosecuted twice for the same crime.
05. Detention center - A short-term secure facility that holds juveniles awaiting adjudication, disposition, or placement in an institution.
06. Shelter - A short-term nonsecure facility that operates like a detention center but within a physically unrestricted environment.
07. Reception/diagnostic center - A short- term facility that screens sentenced juveniles for assignment to an appropriate level of custody.
08. Training school - A long-term secure facility for adjudicated juveniles.
09. Ranch, forestry camp, or farm - A long-term nonsecure setting for adjudicated juveniles.
10. Group home - Long-term nonsecure facilities that allow juveniles to attend school and employment in the community.
Outline.
Juvenile Justice Versus Criminal Justice.
`The philosophy that the state should not act in the best interests of children who receive improper care and treatment at home is known as paren patriae.
`In recent years controversy has arisen over the legal treatment of juveniles, and there is much disagreement over the proper goals of the juvenile justice system.
The Nature and Extent of Delinquency
`The most commonly used indicator of delinquency is the rate of juvenile arrests. Most of these arrests are for property crimes, although the proportion of juveniles arrested for those crimes has decreased in the last two decades.
`Younger juveniles are arrested significantly less often than older juveniles, and the majority of those arrested are male.
`Self-reports show that delinquency is extremely common and that relatively few delinquents are caught. They also reveal that offense rates do not differ greatly by race or social class.
Foundations of Juvenile Justice
`When the first juvenile court was established in 1899, the emphasis of the juvenile justice process changed from deterrence and incapacitation to rehabilitation.
`Objections to the parens patriae philosophy centered on the lack of legal counsel and basic due process protections, as well as the failure of the state to reform delinquents.
`In the 1960s, these concerns were addressed through various modifications of the juvenile justice system.
The Law And Procedure of Juvenile Justice
`In Kent v. United States, the Supreme Court ruled that a juvenile must receive a hearing before being referred to criminal court for trial as an adult.
`The Supreme Court has ruled that juvenile offenders and their parents must be notified of the charges early and in writing and that juveniles have a right to counsel and the right of protection against self-incrimination.
`During the adjudicatory stage of a delinquency proceeding the charges must be proved beyond a reasonable doubt.
`The Supreme Court has ruled that juveniles have the same protection against double jeopardy as adults.
`In ruling on preventive detention, the Court has placed the protection of the community above the needs of the child.
`Searches of students in public schools are justified when there are "reasonable grounds" that evidence will be found of violations of law or school rules.
`Offenders over the age of sixteen who commit capital crimes are subject to the death penalty.
Juveniles in The System: Police, Courts, Corrections
`Police generally have five alternatives in deciding how to handle a juvenile: (1) warn and release, (2) refer to juvenile court, (3) refer to a social welfare agency, (4) refer to another police department, or (5) refer to criminal court for prosecution as an adult.
`Recent statistics show that fewer juveniles are released and more are being sent to court; an increasing number are being tried as adults.
`An increasing number of delinquents are being placed in institutions or other residential facilities for juveniles.
`Recent legislation reflects the national trend toward punitive treatment of juveniles in a manner similar to the treatment of adults.
The Outlook for Juvenile Justice
`The typical juvenile delinquent is a male serving time for a property crime, is a regular user of drugs and alcohol, has not finished the ninth grade, and comes from a single-parent home.
`To reduce the number of serious delinquents, action must be taken to address the conditions in which they live.
Thursday, May 3, 2007
Chapter 16 Vocabulary & Outline
"Justice and Punishment in the Twenty-First Century"
Vocabulary.
01. Technocorrections - The use of technology to monitor monitor offenders and to prevent future crimes.
02. Genetic risk assessment - Technique that builds upon the discoveries in the area of DNA and genetic mapping, where genetic dispositions toward certain behaviors can be anticipated and prevented.
03. Risk assessment - Classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine the likelihood of re-offending.
04. The High/ Scope Perry Preschool Project - A developmental program emphasizing intellectual and social development through active learning designed for children of low socioeconomic status and low IQ who are at high risk for failure in school.
05. Virtual prison - An offender monitoring system in which the offender wears an ankle bracelet and a wireless tracking device that is monitored using Global Positioning Satellites (GPS) and the cellular network.
06. Injected or surgical implants - An alternative to electronic bracelets that cannot be tampered with or defeated effectively, and that can be monitored via Global Positioning Satellites (GPS).
07. Mentally ill offenders - Sixteen percent of offenders in prison, jails, and on probation were identified as mentally ill.
08. Mental health courts - Specialized courts that focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
09. Gender issues - Issues that center on the fact that women offenders have different problems and in different proportions than men. For example, nearly half of women inmates have been sexually abused in the past versus only 12 percent of men.
10. Balance between just punishment and public safety - The proper consideration of necessary punishment of the offender to express public disapproval of law violation, and corrective treatment necessary to prevent repeated offenses.
11. Offender accountability - An approach to illegal behavior that makes offenders aware of the damage, loss or injury they cause and their responsibility for it.
12. Punishment and control by distance - A corrections approach that includes electronic monitoring, probation kiosks, and camera and satellite surveillance to partially restrict offenders' freedom of movement and to deprive them of some portion of their liberty.
13. Expanding the net - A potential result of punishment and control by distance, subjecting more offenders to stringent forms of surveillance who previously were dealt with less severely through traditional probation or other sanctions.
14. Missouri's parallel universe - An effort by Missouri to prepare inmates for release by engaging them in full-time work activities that imitate the world.
15. Incredible Years training series - A program offering behavior intervention techniques to assist parents and teachers living and working with children ages two to ten.
16. Community justice - Corrections integrated with prevention efforts, wherein the justice system enhances community life, and communities partner effectively with the criminal justice system to share responsibility for social control.
Outline
What are New Ways of Administering Justice and Punishment?
`Technocorrections is the use of technology to monitor offenders and prevent future crimes.
`Genetic risk assessment builds upon the discoveries in the area of DNA and genetic mapping,
where genetic predispositions toward certain kinds of behaviors could be profiled and behavioral or pharmacological strategies employed to suppress violence or sexual deviance.
`Risk assessment involves classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine their likelihood of re-offending.
`The High/Scope Perry Preschool Project is a program designed for children of low socioeconomic status and low IQ scores who are at high risk for failure in school, emphasizing intellectual and social developmental through active learning.
`Virtual prison is an offender monitoring system in which the offender wears an ankle bracelet and a wireless tracking device that is monitored using Global Positioning Satellites and the cellular network so that the offender is continuously monitored.
`Injected or surgical implants have been proposed as an alternative to electronic bracelets because they cannot be tampered with or defeated effectively. These implants can also be monitored via Global Positioning Satellites.
How Can Offenders With Mental Health And Drug Problems Be Handled in The Criminal Justice System?
`Sixteen percent of offenders in prisons, jails, and on probation either reported a mental condition, or had stayed overnight at a mental hospital and were identified as mentally ill.
`Federal legislation passed in late 2000 created one hundred mental health courts to focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
`Women offenders have different problems and in different proportions than men. For example, nearly half of women inmates have been sexually abused in the past versus only 12 percent of men. Women are significantly more likely to kill or assault a spouse or friend than men. More than two-thirds of women in prison have minor children.
`The balance between just punishment and public safety is not always easy to accomplish. Punishment of the offender is necessary to express public disapproval of law violation. At the same time corrective treatment is necessary to prevent repeated offenses.
What is The Future of Corrections?
`Offender accountability has begun and it is likely to continue. This approach to illegal behavior makes offenders aware of the damage, loss, or injury they cause and their responsibility for it.
`Punishment and control by distance includes electronic monitoring, probation kiosks, and camera and satellite surveillance that allow for depriving the offenders of some portion of their liberty and control over their movements with limited physical contact.
`Expanding the net involves subjecting more offenders to stringent forms of surveillance who previously would be dealt with less severely through traditional probation or other sanctions.
`Missouri's parallel universe is an effort to prepare inmates for release by engaging them in full-time activities that parallel the outside world. Inmates must make decisions about their life in prison, and they are held accountable for them in an effort to cultivate conforming life skils for offenders.
`The Incredible Years training series is a program offering intervention techniques to assist parents and teachers living and working with children ages two to ten. The series is designed to address and intervene in behavior problems by children and to increase their ability to act appropriately in groups.
`Community justice occurs where the justice system enhances community life and where communities partner effectively with the criminal justice system to share responsibility for social control.
Vocabulary.
01. Technocorrections - The use of technology to monitor monitor offenders and to prevent future crimes.
02. Genetic risk assessment - Technique that builds upon the discoveries in the area of DNA and genetic mapping, where genetic dispositions toward certain behaviors can be anticipated and prevented.
03. Risk assessment - Classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine the likelihood of re-offending.
04. The High/ Scope Perry Preschool Project - A developmental program emphasizing intellectual and social development through active learning designed for children of low socioeconomic status and low IQ who are at high risk for failure in school.
05. Virtual prison - An offender monitoring system in which the offender wears an ankle bracelet and a wireless tracking device that is monitored using Global Positioning Satellites (GPS) and the cellular network.
06. Injected or surgical implants - An alternative to electronic bracelets that cannot be tampered with or defeated effectively, and that can be monitored via Global Positioning Satellites (GPS).
07. Mentally ill offenders - Sixteen percent of offenders in prison, jails, and on probation were identified as mentally ill.
08. Mental health courts - Specialized courts that focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
09. Gender issues - Issues that center on the fact that women offenders have different problems and in different proportions than men. For example, nearly half of women inmates have been sexually abused in the past versus only 12 percent of men.
10. Balance between just punishment and public safety - The proper consideration of necessary punishment of the offender to express public disapproval of law violation, and corrective treatment necessary to prevent repeated offenses.
11. Offender accountability - An approach to illegal behavior that makes offenders aware of the damage, loss or injury they cause and their responsibility for it.
12. Punishment and control by distance - A corrections approach that includes electronic monitoring, probation kiosks, and camera and satellite surveillance to partially restrict offenders' freedom of movement and to deprive them of some portion of their liberty.
13. Expanding the net - A potential result of punishment and control by distance, subjecting more offenders to stringent forms of surveillance who previously were dealt with less severely through traditional probation or other sanctions.
14. Missouri's parallel universe - An effort by Missouri to prepare inmates for release by engaging them in full-time work activities that imitate the world.
15. Incredible Years training series - A program offering behavior intervention techniques to assist parents and teachers living and working with children ages two to ten.
16. Community justice - Corrections integrated with prevention efforts, wherein the justice system enhances community life, and communities partner effectively with the criminal justice system to share responsibility for social control.
Outline
What are New Ways of Administering Justice and Punishment?
`Technocorrections is the use of technology to monitor offenders and prevent future crimes.
`Genetic risk assessment builds upon the discoveries in the area of DNA and genetic mapping,
where genetic predispositions toward certain kinds of behaviors could be profiled and behavioral or pharmacological strategies employed to suppress violence or sexual deviance.
`Risk assessment involves classifying and evaluating offenders based on their characteristics, crimes, and backgrounds to determine their likelihood of re-offending.
`The High/Scope Perry Preschool Project is a program designed for children of low socioeconomic status and low IQ scores who are at high risk for failure in school, emphasizing intellectual and social developmental through active learning.
`Virtual prison is an offender monitoring system in which the offender wears an ankle bracelet and a wireless tracking device that is monitored using Global Positioning Satellites and the cellular network so that the offender is continuously monitored.
`Injected or surgical implants have been proposed as an alternative to electronic bracelets because they cannot be tampered with or defeated effectively. These implants can also be monitored via Global Positioning Satellites.
How Can Offenders With Mental Health And Drug Problems Be Handled in The Criminal Justice System?
`Sixteen percent of offenders in prisons, jails, and on probation either reported a mental condition, or had stayed overnight at a mental hospital and were identified as mentally ill.
`Federal legislation passed in late 2000 created one hundred mental health courts to focus on treatment and rehabilitation of mentally ill offenders who land in the criminal justice system.
`Women offenders have different problems and in different proportions than men. For example, nearly half of women inmates have been sexually abused in the past versus only 12 percent of men. Women are significantly more likely to kill or assault a spouse or friend than men. More than two-thirds of women in prison have minor children.
`The balance between just punishment and public safety is not always easy to accomplish. Punishment of the offender is necessary to express public disapproval of law violation. At the same time corrective treatment is necessary to prevent repeated offenses.
What is The Future of Corrections?
`Offender accountability has begun and it is likely to continue. This approach to illegal behavior makes offenders aware of the damage, loss, or injury they cause and their responsibility for it.
`Punishment and control by distance includes electronic monitoring, probation kiosks, and camera and satellite surveillance that allow for depriving the offenders of some portion of their liberty and control over their movements with limited physical contact.
`Expanding the net involves subjecting more offenders to stringent forms of surveillance who previously would be dealt with less severely through traditional probation or other sanctions.
`Missouri's parallel universe is an effort to prepare inmates for release by engaging them in full-time activities that parallel the outside world. Inmates must make decisions about their life in prison, and they are held accountable for them in an effort to cultivate conforming life skils for offenders.
`The Incredible Years training series is a program offering intervention techniques to assist parents and teachers living and working with children ages two to ten. The series is designed to address and intervene in behavior problems by children and to increase their ability to act appropriately in groups.
`Community justice occurs where the justice system enhances community life and where communities partner effectively with the criminal justice system to share responsibility for social control.
Chapter 15 Vocabulary & Outline
"Probation and Community Corrections"
Vocabulary.
01. Community corrections - Sanctions that are alternatives to incarceration in jail or prison (such as monetary penalties, probation,intensive supervision, and home confinement with electronic monitoring), or supervision in the community after a sentence of incarceration has been served (such as parole, work release, furloughs, and halfway houses).
02.Sanctions - Ways to punish or place restrictions on offenders.
03. Intermediate sentencing - Sentences designed to provide more rigorous supervision than normal probation, yet something less expensive than incarceration.
04. Intensive supervision - Probation or parole for which jurisdictions maintain small caseloads, make frequent contact with offenders under supervision, and require special conditions such as random drug tests, curfews, restitution to victims, electronic monitoring, or house arrest.
05. House arrest - A condition of probation or parole in which offenders are not permitted to leave their residences for purposes other than work, school, treatment, or other approved reasons.
06. Electronic monitoring - Surveillance of offenders in the community by means of electronic devices such as radio and telephone transmitters.
07. Net widening - Process by which more offenders end up being placed under supervision of the criminal justice system even though the intent of a program was to divert offenders out of the system.
08. Good-time credits - Small reductions in the time to be served, awarded to inmates for each day on which they obey prison rules.
09. Maxing out - Release from incarceration after the offender has served the entire sentence without ever being granted parole or accumulating enough good-time credits to justify early release.
10. Parole release - Prisoner release decided by a parole board consisting of corrections officials and/or political appointees who evaluate the inmate's record and his or her behavior in prison to determine whether the inmate will be released to serve the remainder of the sentence under community supervision.
11.Work release - Program that permits eligible inmates to work during the day at regular jobs in the outside world, returning to the jail or prison at night.
12. Study release - A program similar to work release, in which an inmate attends school by day and returns to jail or prison at night.
13. Furloughs - Unsupervised leaves from prison that are granted for only a few hours to permit an eligible inmate to be present at a relatives funeral, visit loved ones, go to a job interview, or otherwise attend to personal or family matters.
14. Halfway house - Residential centers for ex-offenders in the community. Most halfway house residents are parolees or similar inmates near the end of their sentence.
15. Pardon - A reprieve from a governor or from the president that excuses a convicted offender and allows release from prison without any supervision.
16. Commutation - A modification or reduction of a sentence imposed on an offender.
17. Restorative justice - Criminal justice process that focuses on sanctions directed primarily at repairing the injury to the victim rather than focusing on the adversarial relationship between the government and the offender.
18. Authentic justice - Approach to criminal justice holding that sanctions should be more closely related to crime and that offenders should be punished in ways that neutralize their gain.
19. Retributive model of justice - Traditional approach to criminal justice that emphasizes the role of adversarial proceeding and the government in punishing offenders for their past acts as retribution and deterrence.
20. Restitution - A form of restorative justice that usually takes the form of money, but it can also include returning property or performing services for the victim.
21. Mediation - A process providing a forum in which the offender and the victim meet in a neutral setting where they can ask questions, communicate feelings of anger or remorse, and discuss ways in which the balance of justice can be restored in a fair and equitable manner; this may involve an apology, restitution, community service, or other alternative.
22. Shock incarceration - Short-term military-style "boot camps" designed primarily for nonviolent young offenders and featuring a military atmosphere and strict discipline.
23. Corporal punishment - Physical punishment short of the death penalty.
Outline.
What Are The Alternatives To Incarceration?
`Monetary fines are the most common form of criminal sanction in the United States. Fines are used primarily in cases involving minor crimes or as an adjunct to incarceration for more serious offenses.
`Fines have problems of proportionality and collection, which can be overcome to some extent by the use of "day fines" based on offenders' daily earnings.
`Probation is a system in which offenders are allowed to live in the community under supervision. Offenders who are sentenced to probation usually have conditions attached to their sentences.
`Supervision of offenders in the community poses the risk that these offenders may commit further crimes.
`Dissatisfaction with probation, combined with the need to use prison space more efficiently, has produced a movement toward intermediate sanctions, which provide more rigorous supervision than normal probation yet are less expensive than incarceration.
`Jurisdictions achieve intensive supervision by maintaining small caseloads, making frequent contact with offenders under supervision, and imposing special conditions such as random drug tests.
`An offender under home confinement or house arrest may leave his or her residence only for approved reasons. Compliance in increasingly ensured through electronic monitoring.
How Can Ex-Offenders Return To The Community After Prison?
`The purpose of parole is to allow inmates to serve the last part of their sentence in the community under supervision in order to readjust to their freedom.
`Parole is associated with indeterminate sentencing. Parole release is decided by a parole board consisting of corrections officers.
`Offenders who are not released by a parole board can be granted supervised mandatory release if they accumulate enough good-time credits.
`Because prolonged incarceration can reduce inmates' capacity to function outside of prison, some states have temporary release programs that allow inmates to enter the community for work, study, or other purposes.
`Work or study release programs permit eligible inmates to work or take courses outside of the prison during the day and return to the prison at night. Furloughs are unsupervised leaves from prison for specific purposes and are granted for only a few hours.
`Halfway houses are residential centers for ex-offenders in the community. These facilities refer residents for counseling, treatment, and employment services.
`A pardon allows a convicted offender to be released from prison without any supervision. A pardon excuses the offender from criminal penalties - unlike a commutation, which modifies or reduces a sentence.
What Are Forms Of Authentic And Restorative Justice?
`Advocates of restorative justice believe that who wins the case is less important than "making the victim feel whole."
`In the most common form of restorative justice, the offender provides restitution to the victim. `Mediation programs provide a neutral setting in which offenders and victims can ask each other questions and communicate their feelings about the offense.
`Some forms of restorative justice are designed to repair the physical or psychological harm done to the victim.
`Authentic justice seeks to link the nature of the penalty with the nature of the offense in a direct, tangible way.
`Shock incarceration creates a military-style boot camp atmosphere in which inmates are forced to engage in physical activity, drills, work, education, and counseling. Usually offenders volunteer to participate in boot camps rather than serving a longer sentence in a traditional prison.
`Corporal punishment is physical punishment short of the death penalty. It has a long history in the United States, and it is supported by some advocates of authentic justice because it imitates the pain suffered by the victim.
`Public humiliation also has a long history and can take many different forms. Although there is renewed interest in this approach, public humiliation sentences are still rare.
`Forced birth control has been used as a punishment in cases involving child abuse.
`Some jurisdictions have attempted to treat sex offenders with drugs that reduce their sex drive. These treatments are controversial, because some experts believe that the behavior of sex offenders is psychologically rather than biologically motivated.
`Forfeiture of assets is increasingly being used in cases involving drug trafficking.
`Some jurisdictions impose offender fees on offenders under community supervision who are employed and can afford reasonable fees.
Vocabulary.
01. Community corrections - Sanctions that are alternatives to incarceration in jail or prison (such as monetary penalties, probation,intensive supervision, and home confinement with electronic monitoring), or supervision in the community after a sentence of incarceration has been served (such as parole, work release, furloughs, and halfway houses).
02.Sanctions - Ways to punish or place restrictions on offenders.
03. Intermediate sentencing - Sentences designed to provide more rigorous supervision than normal probation, yet something less expensive than incarceration.
04. Intensive supervision - Probation or parole for which jurisdictions maintain small caseloads, make frequent contact with offenders under supervision, and require special conditions such as random drug tests, curfews, restitution to victims, electronic monitoring, or house arrest.
05. House arrest - A condition of probation or parole in which offenders are not permitted to leave their residences for purposes other than work, school, treatment, or other approved reasons.
06. Electronic monitoring - Surveillance of offenders in the community by means of electronic devices such as radio and telephone transmitters.
07. Net widening - Process by which more offenders end up being placed under supervision of the criminal justice system even though the intent of a program was to divert offenders out of the system.
08. Good-time credits - Small reductions in the time to be served, awarded to inmates for each day on which they obey prison rules.
09. Maxing out - Release from incarceration after the offender has served the entire sentence without ever being granted parole or accumulating enough good-time credits to justify early release.
10. Parole release - Prisoner release decided by a parole board consisting of corrections officials and/or political appointees who evaluate the inmate's record and his or her behavior in prison to determine whether the inmate will be released to serve the remainder of the sentence under community supervision.
11.Work release - Program that permits eligible inmates to work during the day at regular jobs in the outside world, returning to the jail or prison at night.
12. Study release - A program similar to work release, in which an inmate attends school by day and returns to jail or prison at night.
13. Furloughs - Unsupervised leaves from prison that are granted for only a few hours to permit an eligible inmate to be present at a relatives funeral, visit loved ones, go to a job interview, or otherwise attend to personal or family matters.
14. Halfway house - Residential centers for ex-offenders in the community. Most halfway house residents are parolees or similar inmates near the end of their sentence.
15. Pardon - A reprieve from a governor or from the president that excuses a convicted offender and allows release from prison without any supervision.
16. Commutation - A modification or reduction of a sentence imposed on an offender.
17. Restorative justice - Criminal justice process that focuses on sanctions directed primarily at repairing the injury to the victim rather than focusing on the adversarial relationship between the government and the offender.
18. Authentic justice - Approach to criminal justice holding that sanctions should be more closely related to crime and that offenders should be punished in ways that neutralize their gain.
19. Retributive model of justice - Traditional approach to criminal justice that emphasizes the role of adversarial proceeding and the government in punishing offenders for their past acts as retribution and deterrence.
20. Restitution - A form of restorative justice that usually takes the form of money, but it can also include returning property or performing services for the victim.
21. Mediation - A process providing a forum in which the offender and the victim meet in a neutral setting where they can ask questions, communicate feelings of anger or remorse, and discuss ways in which the balance of justice can be restored in a fair and equitable manner; this may involve an apology, restitution, community service, or other alternative.
22. Shock incarceration - Short-term military-style "boot camps" designed primarily for nonviolent young offenders and featuring a military atmosphere and strict discipline.
23. Corporal punishment - Physical punishment short of the death penalty.
Outline.
What Are The Alternatives To Incarceration?
`Monetary fines are the most common form of criminal sanction in the United States. Fines are used primarily in cases involving minor crimes or as an adjunct to incarceration for more serious offenses.
`Fines have problems of proportionality and collection, which can be overcome to some extent by the use of "day fines" based on offenders' daily earnings.
`Probation is a system in which offenders are allowed to live in the community under supervision. Offenders who are sentenced to probation usually have conditions attached to their sentences.
`Supervision of offenders in the community poses the risk that these offenders may commit further crimes.
`Dissatisfaction with probation, combined with the need to use prison space more efficiently, has produced a movement toward intermediate sanctions, which provide more rigorous supervision than normal probation yet are less expensive than incarceration.
`Jurisdictions achieve intensive supervision by maintaining small caseloads, making frequent contact with offenders under supervision, and imposing special conditions such as random drug tests.
`An offender under home confinement or house arrest may leave his or her residence only for approved reasons. Compliance in increasingly ensured through electronic monitoring.
How Can Ex-Offenders Return To The Community After Prison?
`The purpose of parole is to allow inmates to serve the last part of their sentence in the community under supervision in order to readjust to their freedom.
`Parole is associated with indeterminate sentencing. Parole release is decided by a parole board consisting of corrections officers.
`Offenders who are not released by a parole board can be granted supervised mandatory release if they accumulate enough good-time credits.
`Because prolonged incarceration can reduce inmates' capacity to function outside of prison, some states have temporary release programs that allow inmates to enter the community for work, study, or other purposes.
`Work or study release programs permit eligible inmates to work or take courses outside of the prison during the day and return to the prison at night. Furloughs are unsupervised leaves from prison for specific purposes and are granted for only a few hours.
`Halfway houses are residential centers for ex-offenders in the community. These facilities refer residents for counseling, treatment, and employment services.
`A pardon allows a convicted offender to be released from prison without any supervision. A pardon excuses the offender from criminal penalties - unlike a commutation, which modifies or reduces a sentence.
What Are Forms Of Authentic And Restorative Justice?
`Advocates of restorative justice believe that who wins the case is less important than "making the victim feel whole."
`In the most common form of restorative justice, the offender provides restitution to the victim. `Mediation programs provide a neutral setting in which offenders and victims can ask each other questions and communicate their feelings about the offense.
`Some forms of restorative justice are designed to repair the physical or psychological harm done to the victim.
`Authentic justice seeks to link the nature of the penalty with the nature of the offense in a direct, tangible way.
`Shock incarceration creates a military-style boot camp atmosphere in which inmates are forced to engage in physical activity, drills, work, education, and counseling. Usually offenders volunteer to participate in boot camps rather than serving a longer sentence in a traditional prison.
`Corporal punishment is physical punishment short of the death penalty. It has a long history in the United States, and it is supported by some advocates of authentic justice because it imitates the pain suffered by the victim.
`Public humiliation also has a long history and can take many different forms. Although there is renewed interest in this approach, public humiliation sentences are still rare.
`Forced birth control has been used as a punishment in cases involving child abuse.
`Some jurisdictions have attempted to treat sex offenders with drugs that reduce their sex drive. These treatments are controversial, because some experts believe that the behavior of sex offenders is psychologically rather than biologically motivated.
`Forfeiture of assets is increasingly being used in cases involving drug trafficking.
`Some jurisdictions impose offender fees on offenders under community supervision who are employed and can afford reasonable fees.
Wednesday, May 2, 2007
Chapter 14 Vocabulary & Outline
"Origins and Organizations of Jails and Prisons"
01.Pennsylvania System - A philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders from being corrupted by mixing with other offenders.
02. Auburn System - A philosophy of imprisonment that emphasized labor and meditation. Offenders worked everyday, but they did so in silence.
03. Reformatory Movement - Late nineteenth century trend toward used of incarceration to reform through education.
04. Maximum Security - Prisons usually with a wall surrounding the entire facility that house dangerous felons (about 26% of all the inmates are incarcerated in such institutions).
05. Medium Security - Prisons that have some facilities outside the main enclosure and are surrounded by two rows of chain link fence, topped with barbed wire (half of all inmates are serving times in these institutions).
06. Minimum Security - Prison facilities that usually have no fences but have locking outside doors and electronic surveillance devices around the perimeter of the institution (about 23% of all inmates are in these institutions).
07. Penitentiaries - Maximum security federal correctional institutions.
08. Correctional Institutions - Medium security federal institutions.
09. Metropolitan Correctional Centers (detention centers) - Federal jail facilities for pretrial detention and for those serving short sentences.
10. Jails - Facilities operated by countries and municipalities to hold two main categories of inmates: those awaiting trial and those serving sentences of one year or less.
11. Recidivism - Repeat offenses by an offender.
12. Control Model - Prison management approach characterized by strict enforcement of prison rules and few privileges for prisoners.
13. Responsibility Model - Prison management approach that gives inmates more autonomy; staff guides prisoners' decision making rather than making all decisions for them.
14. Consensual Model - Prison management approach that maintains order by agreement between inmates and staff on the validity of rules.
15. Therapeutic Community Model - Prison drug treatment approach based on the notion that a person's attitudes, values, and self-esteem must change together with the targeted drug use behavior in order to create lasting change.
Outline
How Are Correctional Institutions In The United States Organized?
`Before the invention of the prison, corporal punishment was the primary method of punishment of criminals.
`Incarceration was used for poor offenders who could not afford to pay fines but whose offenses were not serious enough to deserve corporal punishment.
`The Pennsylvania system of incarceration aimed to promote repentance through solitary confinement.
`The Auburn system emphasized labor and meditation.
`Various attempts to encourage education within prisons have been unsuccessful, and today prisons lack a clear philosophical purpose.
`Prisons are classifies according to an institution at a particular level of custody: maximum security, medium security, and minimum security.
`The assignment of an offender to an institution at a particular level of custody depends largely on whether the conviction was for a violent crime.
`Jails are operated by countries and municipalities. They hold inmates awaiting trial and those serving sentences of one year or less.
How Do Correctional Institutions Operate?
`Although many people believe that prisons should not only punish offenders but also deter crime, the evidence shows that imprisonment does not prevent offenders from committing further crimes upon release.
`Rehabilitation and reform are other objectives of imprisonment, but they often are superseded by concerns for custody and security.
`Three major managerial approaches in operating prisons are the control model, the responsibility model, and the consensus model.
Who Is In Prison?
`The number of people in prisons has grown dramatically in recent decades, resulting in overcrowding.
`The proportion of prisoners who are women in growing rapidly.
`Prisoners tend to be poorly educated and to come from single-parent households where alcohol or drugs were used. Many were physically or sexually abused and have family members who have been incarcerated.
What is Inmate Life Like?
`Nearly all observers have viewed inmate work favorably, but business people and labor organizations fear competition from cheap prison labor.
`Drug use is prohibited in prisons, yet is widespread.
`Many offenders who use drugs in prison are convicted of drug law violations or used drugs before being convicted on some other charge.
`Drug treatment programs in prisons have little success.
`The growing number of women in prisons poses challenges related to the nature of the women's crimes, their family histories and child care issues.
`All federal and some state inmates are tested for HIV. Those who test positive are often discriminated against.
`Twenty percent of all male inmates are believed to be gang members. However, it is difficult to identify gang members upon admission to prison.
`The number of violent incidents in prison has increased sharply in recent years.
`The National Institute of Justice has made several recommendations regarding prison riot plans and prevention strategies. They include clearly defined lines of authority in the command structure, clear guidelines on the use of force, inter-agency cooperation, and training programs.
What are Prisoners' Rights and Responsibilities?
`The Supreme Court has heard cases involving prisoners' rights in the areas of free exercise of religion and the right to privacy.
`The Supreme Court has held that inmates are entitled to due process in cases of violation of prison rules.
`Most rule violations are committed by younger inmates who have been in prison one to two years, have a history of drug use, and have a long criminal history.
01.Pennsylvania System - A philosophy of imprisonment that promoted repentance through solitary confinement and prevented offenders from being corrupted by mixing with other offenders.
02. Auburn System - A philosophy of imprisonment that emphasized labor and meditation. Offenders worked everyday, but they did so in silence.
03. Reformatory Movement - Late nineteenth century trend toward used of incarceration to reform through education.
04. Maximum Security - Prisons usually with a wall surrounding the entire facility that house dangerous felons (about 26% of all the inmates are incarcerated in such institutions).
05. Medium Security - Prisons that have some facilities outside the main enclosure and are surrounded by two rows of chain link fence, topped with barbed wire (half of all inmates are serving times in these institutions).
06. Minimum Security - Prison facilities that usually have no fences but have locking outside doors and electronic surveillance devices around the perimeter of the institution (about 23% of all inmates are in these institutions).
07. Penitentiaries - Maximum security federal correctional institutions.
08. Correctional Institutions - Medium security federal institutions.
09. Metropolitan Correctional Centers (detention centers) - Federal jail facilities for pretrial detention and for those serving short sentences.
10. Jails - Facilities operated by countries and municipalities to hold two main categories of inmates: those awaiting trial and those serving sentences of one year or less.
11. Recidivism - Repeat offenses by an offender.
12. Control Model - Prison management approach characterized by strict enforcement of prison rules and few privileges for prisoners.
13. Responsibility Model - Prison management approach that gives inmates more autonomy; staff guides prisoners' decision making rather than making all decisions for them.
14. Consensual Model - Prison management approach that maintains order by agreement between inmates and staff on the validity of rules.
15. Therapeutic Community Model - Prison drug treatment approach based on the notion that a person's attitudes, values, and self-esteem must change together with the targeted drug use behavior in order to create lasting change.
Outline
How Are Correctional Institutions In The United States Organized?
`Before the invention of the prison, corporal punishment was the primary method of punishment of criminals.
`Incarceration was used for poor offenders who could not afford to pay fines but whose offenses were not serious enough to deserve corporal punishment.
`The Pennsylvania system of incarceration aimed to promote repentance through solitary confinement.
`The Auburn system emphasized labor and meditation.
`Various attempts to encourage education within prisons have been unsuccessful, and today prisons lack a clear philosophical purpose.
`Prisons are classifies according to an institution at a particular level of custody: maximum security, medium security, and minimum security.
`The assignment of an offender to an institution at a particular level of custody depends largely on whether the conviction was for a violent crime.
`Jails are operated by countries and municipalities. They hold inmates awaiting trial and those serving sentences of one year or less.
How Do Correctional Institutions Operate?
`Although many people believe that prisons should not only punish offenders but also deter crime, the evidence shows that imprisonment does not prevent offenders from committing further crimes upon release.
`Rehabilitation and reform are other objectives of imprisonment, but they often are superseded by concerns for custody and security.
`Three major managerial approaches in operating prisons are the control model, the responsibility model, and the consensus model.
Who Is In Prison?
`The number of people in prisons has grown dramatically in recent decades, resulting in overcrowding.
`The proportion of prisoners who are women in growing rapidly.
`Prisoners tend to be poorly educated and to come from single-parent households where alcohol or drugs were used. Many were physically or sexually abused and have family members who have been incarcerated.
What is Inmate Life Like?
`Nearly all observers have viewed inmate work favorably, but business people and labor organizations fear competition from cheap prison labor.
`Drug use is prohibited in prisons, yet is widespread.
`Many offenders who use drugs in prison are convicted of drug law violations or used drugs before being convicted on some other charge.
`Drug treatment programs in prisons have little success.
`The growing number of women in prisons poses challenges related to the nature of the women's crimes, their family histories and child care issues.
`All federal and some state inmates are tested for HIV. Those who test positive are often discriminated against.
`Twenty percent of all male inmates are believed to be gang members. However, it is difficult to identify gang members upon admission to prison.
`The number of violent incidents in prison has increased sharply in recent years.
`The National Institute of Justice has made several recommendations regarding prison riot plans and prevention strategies. They include clearly defined lines of authority in the command structure, clear guidelines on the use of force, inter-agency cooperation, and training programs.
What are Prisoners' Rights and Responsibilities?
`The Supreme Court has heard cases involving prisoners' rights in the areas of free exercise of religion and the right to privacy.
`The Supreme Court has held that inmates are entitled to due process in cases of violation of prison rules.
`Most rule violations are committed by younger inmates who have been in prison one to two years, have a history of drug use, and have a long criminal history.
Chapter 13 Vocabulary & Outline
"Trial & Sentencing"
01. corpus delicti - proof of an act and that the act resulted from the illegal actions of the defendant; also called the proving the crime.
02. continuance - A court authorized postponement of a case to allow the prosecution or defense more time to prepare its cases.
03. discovery - The process that entitles a suspect to review certain information gathered by the prosecutor.
04. trial jury - A group of citizens (usually twelve) who decide on the guilt or innocence of a defendant.
05. general defenses - justifications or excuses for criminal conduct that are applicable to all criminal offenses.
06. justification defenses - Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.
07. excuse defenses - Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.
08. jury nullification - Acquittal of a defendant despite facts that show guilt.
09. retribution - Punishment applied simply in proportion to the seriousness of the offense.
10. incapacitation - Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration).
11. selective incapacitation - Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.
12. habitual offender laws - Laws that subject multiple offenders to periods of incarceration ranging up to life imprisonment, on the grounds that they must be physically separated from society in order to protect society from their criminal conduct.
13. deterrence - Prevention of crime through the example of offenders being punished.
14. rehabilitation - The view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat those shortcomings in order to prevent future crimes.
15. suspended sentence - A delayed imposition that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution.
16. pre-sentence report - A report conducted by a probation officer into an offender's background to assist the judge in determining an appropriate sentence.
17. indeterminate sentencing - A system of sentencing that empowers the judge to set a maximum sentence (up to the limit set by the Legislature), and sometimes a minimum sentence for the offender to serve in prison.
18. determinate sentencing - A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board.
19. truth in sentencing - A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85%) before they can be released.
20. mandatory sentences - Fixed sentences for offenders convicted of certain types of crimes, such as gun-related crimes, drug offenses, and drunk-driving offenses.
21. guideline sentences - Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain types of crimes or offenders.
22. cruel and unusual punishment - A portion of the Eighth Amendment prohibiting criminal penalties that violate evolving standards of decency that mark the progress of a maturing society.
Outline
What Happens at Trial?
`More than 90% of criminal cases are resolved through guilty pleas.
`When a trial takes place, it begins with the selection of the jury, usually consisting of twelve members.
`After a jury has been selected, the prosecution and defense counsel make opening statements. The body of the trial consists of the presentation of the prosecutor's evidence and the statements of witnesses, followed by the presentation of the case for the defense.
`A major issue in criminal defense is the new tendency to focus on the offender rather than on the criminal act. This has led to the creation of new defenses that attempt to go beyond the traditional boundaries of concepts such as self-defense.
`When all the evidence has been presented, the prosecution and defense make their final arguments to the jury. This stage is followed by the judge's instruction to the jury.
`In order for a defendant to be found guilty, the jury must agree unanimously that guilt has been proved beyond a reasonable doubt.
How Do Judges Decide On A Sentence?
`In order to individualize sentences on the basis of the nature of the offender and the circumstances of the offense. judges may choose sentences within a range established by the law.
`When a judge sentences for purposes of retribution, punishment is applied simply in proportion to the seriousness of the offense.
`Sentences based on the concept of incapacitation are intended to prevent further criminal behavior by the offender.
`Habitual offender laws such as "three-strikes" statutes apply to the offenders who have committed two or more offenses within a certain period.
`Deterrence aims to prevent crime through the example of offender's being punished.
`The rehabilitation approach sees criminal behavior as stemming from social or psychological shortcomings. The purpose of a sentence aimed at rehabilitation is to correct or treat these shortcomings.
`Depending on the range of alternatives provided by law, a judge usually can fine an offender or impose a sentence of probation, incarceration, or restitution.
`Occasionally a judge suspends(delays) a prison sentence on condition that the offender participate in an alcohol, drug, or gambling treatment program or pay restitution.
`A pre-sentence report is written by a probation officer after an investigation of an offender's background; the report is designed to help the judge decide on an appropriate sentence.
How Do Sentencing Options Differ?
`Indeterminate sentencing systems empower the judge to set a maximum sentence; throughout the sentence a parole board reviews the offender's progress in order to determine whether early release is justified.
`Determinate sentencing systems permit the judge to impose fixed sentences that cannot be altered by a parole board.
`The trend toward determinate sentencing has produced significant increases in prison populations.
`Mandatory sentences are fixed sentences imposed on individuals convicted of certain types of crime.
`Truth-in-sentencing laws endeavor to establish a closer relationship between sentence imposed and actual time served.
`Sentencing guidelines recommend a "guideline sentence" based on past average sentences and taking into account the seriousness of the crime and the offender's prior record.
How Does The Eight Amendment Restrict Sentencing?
`The Eight Amendment bars excessive bail, excessive fines, and cruel and unusual punishment.
`The Supreme Court has ruled that the death penalty is cruel and unusual punishment except in cases of murder.
What Is The Answer To The Death Penalty Debate?
`There has been considerable controversy over how the death penalty is applied, with some critics claiming that it is imposed arbitrarily against minorities.
`Recent Supreme Court rulings require that courts consider both aggravating and mitigating factors in determining the appropriateness of a particular sentence, including the death sentence.
`Some supporters of the death penalty believe that it is a necessary punishment as retribution for the life unlawfully taken. There is little evidence that the death sentence has been effective as a form of retribution.
`Another common argument in support of capital punishment is that the death penalty will prevent future crime by deterring future murders. Studies have found that there is no difference in homicide rates in states that have retained, abolished, and reinstituted capital punishment.
`Some death penalty proponents argue that execution is less costly to the state than life imprisonment, but studies show that this is not the case.
`Supporters of capital punishment contend that innocent persons are rarely executed, but studies have found numerous cases of erroneous convictions in death penalty cases. Analysis of DNA evidence has proved that suspects are convicted in error more often that was previously imagined.
01. corpus delicti - proof of an act and that the act resulted from the illegal actions of the defendant; also called the proving the crime.
02. continuance - A court authorized postponement of a case to allow the prosecution or defense more time to prepare its cases.
03. discovery - The process that entitles a suspect to review certain information gathered by the prosecutor.
04. trial jury - A group of citizens (usually twelve) who decide on the guilt or innocence of a defendant.
05. general defenses - justifications or excuses for criminal conduct that are applicable to all criminal offenses.
06. justification defenses - Defenses that admit to the criminal conduct, but claim it was justified by overwhelming circumstances, such as self-defense.
07. excuse defenses - Defenses that claim that criminal conduct should be excused because the defendant cannot be held responsible for it. Insanity and duress are examples.
08. jury nullification - Acquittal of a defendant despite facts that show guilt.
09. retribution - Punishment applied simply in proportion to the seriousness of the offense.
10. incapacitation - Prevention of further criminal behavior by physically restraining the offender from engaging in future misconduct (usually through incarceration).
11. selective incapacitation - Identification of potential high-rate offenders for incarceration for longer periods as a means of reducing crime.
12. habitual offender laws - Laws that subject multiple offenders to periods of incarceration ranging up to life imprisonment, on the grounds that they must be physically separated from society in order to protect society from their criminal conduct.
13. deterrence - Prevention of crime through the example of offenders being punished.
14. rehabilitation - The view that sees criminal behavior as stemming from social or psychological shortcomings; the purpose of sentencing is to correct or treat those shortcomings in order to prevent future crimes.
15. suspended sentence - A delayed imposition that requires the offender to fulfill special conditions such as alcohol, drug, or gambling treatment or payment of restitution.
16. pre-sentence report - A report conducted by a probation officer into an offender's background to assist the judge in determining an appropriate sentence.
17. indeterminate sentencing - A system of sentencing that empowers the judge to set a maximum sentence (up to the limit set by the Legislature), and sometimes a minimum sentence for the offender to serve in prison.
18. determinate sentencing - A sentencing system that permits judges to impose fixed sentences that cannot be altered by a parole board.
19. truth in sentencing - A sentencing provision that requires offenders to serve the bulk of their sentence (usually 85%) before they can be released.
20. mandatory sentences - Fixed sentences for offenders convicted of certain types of crimes, such as gun-related crimes, drug offenses, and drunk-driving offenses.
21. guideline sentences - Sentences developed by examining the averages of past sentences imposed on various combinations of offenders and offenses and designed to achieve proportionality and uniformity without mandating specific sentences for certain types of crimes or offenders.
22. cruel and unusual punishment - A portion of the Eighth Amendment prohibiting criminal penalties that violate evolving standards of decency that mark the progress of a maturing society.
Outline
What Happens at Trial?
`More than 90% of criminal cases are resolved through guilty pleas.
`When a trial takes place, it begins with the selection of the jury, usually consisting of twelve members.
`After a jury has been selected, the prosecution and defense counsel make opening statements. The body of the trial consists of the presentation of the prosecutor's evidence and the statements of witnesses, followed by the presentation of the case for the defense.
`A major issue in criminal defense is the new tendency to focus on the offender rather than on the criminal act. This has led to the creation of new defenses that attempt to go beyond the traditional boundaries of concepts such as self-defense.
`When all the evidence has been presented, the prosecution and defense make their final arguments to the jury. This stage is followed by the judge's instruction to the jury.
`In order for a defendant to be found guilty, the jury must agree unanimously that guilt has been proved beyond a reasonable doubt.
How Do Judges Decide On A Sentence?
`In order to individualize sentences on the basis of the nature of the offender and the circumstances of the offense. judges may choose sentences within a range established by the law.
`When a judge sentences for purposes of retribution, punishment is applied simply in proportion to the seriousness of the offense.
`Sentences based on the concept of incapacitation are intended to prevent further criminal behavior by the offender.
`Habitual offender laws such as "three-strikes" statutes apply to the offenders who have committed two or more offenses within a certain period.
`Deterrence aims to prevent crime through the example of offender's being punished.
`The rehabilitation approach sees criminal behavior as stemming from social or psychological shortcomings. The purpose of a sentence aimed at rehabilitation is to correct or treat these shortcomings.
`Depending on the range of alternatives provided by law, a judge usually can fine an offender or impose a sentence of probation, incarceration, or restitution.
`Occasionally a judge suspends(delays) a prison sentence on condition that the offender participate in an alcohol, drug, or gambling treatment program or pay restitution.
`A pre-sentence report is written by a probation officer after an investigation of an offender's background; the report is designed to help the judge decide on an appropriate sentence.
How Do Sentencing Options Differ?
`Indeterminate sentencing systems empower the judge to set a maximum sentence; throughout the sentence a parole board reviews the offender's progress in order to determine whether early release is justified.
`Determinate sentencing systems permit the judge to impose fixed sentences that cannot be altered by a parole board.
`The trend toward determinate sentencing has produced significant increases in prison populations.
`Mandatory sentences are fixed sentences imposed on individuals convicted of certain types of crime.
`Truth-in-sentencing laws endeavor to establish a closer relationship between sentence imposed and actual time served.
`Sentencing guidelines recommend a "guideline sentence" based on past average sentences and taking into account the seriousness of the crime and the offender's prior record.
How Does The Eight Amendment Restrict Sentencing?
`The Eight Amendment bars excessive bail, excessive fines, and cruel and unusual punishment.
`The Supreme Court has ruled that the death penalty is cruel and unusual punishment except in cases of murder.
What Is The Answer To The Death Penalty Debate?
`There has been considerable controversy over how the death penalty is applied, with some critics claiming that it is imposed arbitrarily against minorities.
`Recent Supreme Court rulings require that courts consider both aggravating and mitigating factors in determining the appropriateness of a particular sentence, including the death sentence.
`Some supporters of the death penalty believe that it is a necessary punishment as retribution for the life unlawfully taken. There is little evidence that the death sentence has been effective as a form of retribution.
`Another common argument in support of capital punishment is that the death penalty will prevent future crime by deterring future murders. Studies have found that there is no difference in homicide rates in states that have retained, abolished, and reinstituted capital punishment.
`Some death penalty proponents argue that execution is less costly to the state than life imprisonment, but studies show that this is not the case.
`Supporters of capital punishment contend that innocent persons are rarely executed, but studies have found numerous cases of erroneous convictions in death penalty cases. Analysis of DNA evidence has proved that suspects are convicted in error more often that was previously imagined.
Chapter 12 Vocabulary & Outline
"Trial Defense and Prosecution"
1. right to counsel - A Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. effective counsel - competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
3. necessarily included offenses - ("Lesser" Included offenses); offenses that are, by definition, included in a charge as part of another (more serious) offense.
4. nolle prosequi - A decision by a prosecutor not to press charges; also known as nol. pros.
5. diversion programs - Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case.
6. Pretrial investigation (PTI) - A type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed.
7. plea bargaining - An agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
8. caseloads- the large number of cases to be adjudicated in the courts.
9. case mortality - case attrition, in which arrests do not result in convictions for various reasons.
10. "three-strikes" law: Laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
11. Pretrial settlement conference - A meeting of the prosecutor, defendant, counsel, and judge to discuss a plea before a trial is held. No plea negotiations can take place outside this setting.
12. Crime Control Model - The perspective that views the repression of criminal conduct as the most important function to be preformed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing.
13. Due Process Model - The perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness and reliability in criminal procedure.
14. Speedy Trial Acts - Legislation requiring that all criminal cases be brought to trial within one hundred days.
Outline
What are the Rights of The Accused?
`The Sixth Amendment to the U.S. Constitution guarantees the right of accused persons to have the assistance of counsel.
`The scope of the right to counsel has been expanded in a series of important Supreme Court cases, beginning with Gideon v. Wainwright in 1963.
`In 1970 the Supreme Court ruled that defendants are entitled to effective assistance of counsel, but it is difficult to demonstrate that the outcome of a case would have been different without counsel's errors.
How Are Cases Settled Without Trial?
`Prosecutors have a great deal of discretion in deciding whether a case will be prosecuted and what charges will be pressed.
`Prosecutors sometimes divert offenders to diversion programs, alternatives to the formal criminal justice process that attempt to achieve noncriminal disposition of cases.
`Plea bargaining occurs when a prosecutor agrees to press a less serious charge, drop some charges, or recommend a less sever sentence if the defendant agrees to plead guilty.
`Historical records show that plea bargaining has long been used in jurisdictions of all types.
What Are Some Problems Of The Court System?
`A growing court caseload, combined with high case mortality, reveals that most cases end in guilty pleas.
`Critics of plea bargaining point out that it takes place in private; the rights of the accused and the interests of the community are not adequately protected; and the public may believe that justice is achieved. However, efforts to eliminate the practice have been unsuccessful.
`Proposals to eliminate undesirable aspects of plea bargaining include time limits, more public negotiations, better case-screening procedures, and reviews of plea agreements by panels of judges.
`A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act. This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense.
`Another issue is whether the crime control model (which emphasizes the repression of criminal conduct) or the due process model (which emphasizes the preservation of individual liberties) will dominate the justice process in a particular case or jurisdiction.
1. right to counsel - A Sixth Amendment protection that guarantees suspects the right to representation by an attorney when their liberty is in jeopardy.
2. effective counsel - competent representation by an attorney. It is ineffective assistance of counsel when unprofessional errors would have changed the outcome of the case.
3. necessarily included offenses - ("Lesser" Included offenses); offenses that are, by definition, included in a charge as part of another (more serious) offense.
4. nolle prosequi - A decision by a prosecutor not to press charges; also known as nol. pros.
5. diversion programs - Alternatives to the formal criminal justice process that are implemented after charging but prior to adjudication; they attempt to achieve a noncriminal disposition of the case.
6. Pretrial investigation (PTI) - A type of diversion program in which a prosecutor suspends prosecution of a case pending the fulfillment of special conditions by the defendant. If these conditions are met, the case is dismissed.
7. plea bargaining - An agreement by a prosecutor to press a less serious charge, drop some charges, or recommend a less severe sentence if the defendant agrees to plead guilty.
8. caseloads- the large number of cases to be adjudicated in the courts.
9. case mortality - case attrition, in which arrests do not result in convictions for various reasons.
10. "three-strikes" law: Laws under which conviction for a third felony results in an extended sentence, up to life imprisonment.
11. Pretrial settlement conference - A meeting of the prosecutor, defendant, counsel, and judge to discuss a plea before a trial is held. No plea negotiations can take place outside this setting.
12. Crime Control Model - The perspective that views the repression of criminal conduct as the most important function to be preformed by the criminal justice system, through speed, efficiency, and finality in criminal justice processing.
13. Due Process Model - The perspective that considers preservation of individual liberties to be the most important function of the criminal justice system, through accuracy, fairness and reliability in criminal procedure.
14. Speedy Trial Acts - Legislation requiring that all criminal cases be brought to trial within one hundred days.
Outline
What are the Rights of The Accused?
`The Sixth Amendment to the U.S. Constitution guarantees the right of accused persons to have the assistance of counsel.
`The scope of the right to counsel has been expanded in a series of important Supreme Court cases, beginning with Gideon v. Wainwright in 1963.
`In 1970 the Supreme Court ruled that defendants are entitled to effective assistance of counsel, but it is difficult to demonstrate that the outcome of a case would have been different without counsel's errors.
How Are Cases Settled Without Trial?
`Prosecutors have a great deal of discretion in deciding whether a case will be prosecuted and what charges will be pressed.
`Prosecutors sometimes divert offenders to diversion programs, alternatives to the formal criminal justice process that attempt to achieve noncriminal disposition of cases.
`Plea bargaining occurs when a prosecutor agrees to press a less serious charge, drop some charges, or recommend a less sever sentence if the defendant agrees to plead guilty.
`Historical records show that plea bargaining has long been used in jurisdictions of all types.
What Are Some Problems Of The Court System?
`A growing court caseload, combined with high case mortality, reveals that most cases end in guilty pleas.
`Critics of plea bargaining point out that it takes place in private; the rights of the accused and the interests of the community are not adequately protected; and the public may believe that justice is achieved. However, efforts to eliminate the practice have been unsuccessful.
`Proposals to eliminate undesirable aspects of plea bargaining include time limits, more public negotiations, better case-screening procedures, and reviews of plea agreements by panels of judges.
`A major issue for criminal defense is the tendency to focus on the offender rather than on the criminal act. This has led to the creation of new defenses that attempt to stretch the boundaries of concepts such as self-defense.
`Another issue is whether the crime control model (which emphasizes the repression of criminal conduct) or the due process model (which emphasizes the preservation of individual liberties) will dominate the justice process in a particular case or jurisdiction.
Tuesday, April 24, 2007
Chapter 11 Vocabulary & Outline
Chapter 11 "Origins and Organizations of The Courts"
Vocabulary
1. expert witness - a person called to testify because of his or her special expertise in an area at issue in a legal proceeding.
2. U.S. District Courts - Federal trial courts of general jurisdiction
3. U.S. Courts of Appeals - Intermediate federal appellate courts.
4. U.S. Supreme Courts - the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
5. writ of certiorari - a legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review.
6. judicial review - The U.S. Supreme Court's authority to review the constitutionality of acts Congress.
7. prosecutors - elected or appointed officials who represent the community in bringing charges against an accused person.
8. district attorneys - the name for city and county prosecutors in many jurisdictions.
9. defense attorneys - attorneys who represent the legal rights of the accused in criminal or civil proceedings.
10. assigned counsel - a private attorney appointed by the court on a case-by-case basis from a list of available attorneys.
11. contract attorney programs - programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county.
12. public defenders - salaried attorneys paid by the government to represent indigents charged with crimes.
13. judge - a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case.
14. merit selection - a method for selecting judges that involves a combination of appointment and election.
15. U.S. magistrates - judges appointed by the U.S. District Court judges to conduct pretrial hearings and trials for minor civil and criminal offenses in federal court.
16. Victim Impact Statements - statements by victims to the judge before sentencing about how the crime has harmed them.
17. Victims Bill of Rights - legal changes that formally recognize the role and rights of victims in the justice process.
18. Courtroom Work Group - The prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
19. felony drug courts - courts that only handle drug offenses and attempt to correct underlying causes of the illegal conduct.
20. dispute resolution - a method of handling complaints outside the judicial process through a mediator appointed by the court.
21. community prosecution - a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
22. community courts - decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
Outline
How Were Criminal Courts Similar and Different In the Past?
`Although celebrated cases have occurred on occasion in the past, in many cases lawyers were absent from the trial. Misdemeanor cases were handled in a nonprofessional fashion; the processing of felonies tended to be more formal, as it is today.
`Until the late 1800s defendants could not act as witnesses or take the stand in their own defense. Today defendants are permitted to testify under oath.
How Did The State and Federal Court Systems Develop?
`The vast majority of criminal cases are heard in state courts, because most felonies are defined by state laws.
`There are three levels of jurisdiction: limited, general, and appellate.These are found in all state court systems, but each state determines how its system is organized.
`The legal authority of courts of limited jurisdiction is restricted to certain types of cases. Courts of general jurisdiction are often referred to as trial courts, and most felony trial s are held as this level. Appellate courts hear appeals from courts of general jurisdiction.
`The federal court system parallels the state court systems. There are courts of limited jurisdiction such as the U.S. Courts of Claims. There are also courts of general jurisdiction, the U.S. district courts ; these are located throughout the country and hear cases involving alleged violations of federal law.
`The are two levels of federal appellate courts. The intermediate level consists of U.S. courts of appeals. The highest level is the U.S. Supreme Court.
`All cases heard by the Supreme Court involve interpretations of the U.S. Constitution. The Court can choose which cases it will hear through a procedure termed certiorari; a writ of certiorari is issued when four or more justices believe that the legal issues presented in a case merit review.
`The decisions of the Supreme Court are made by a majority vote of the nine justices, who are appointed for life by the president with the consent of the Senate.
Who Are The Participants In the Judicial Process?
`Prosecutors represent the community in bringing charges against an accused person. Most prosecutors are elected officials and therefore may feel pressure to make "popular" prosecution decisions. Other influences on prosecutors' decisions include caseload pressures and the need to maintain good relations with other actors in the adjudication process.
`Defense attorneys represent the legal rights of the accused in criminal proceedings. They examine the evidence used to establish probable cause and assess the strength of the evidence to be used to prove guilt.
`The duties of judges are to objectively assess the strength of a case, to rule on issues of law and procedure, and sometimes to determines the ultimate disposition of a case. Judges are selected in a variety of ways, including appointment, nonpartisan election, and merit selection.
`Two recent reform movements - state court unification and the establishment of U.S. magistrates - have increased the quality of the judicial system.
`Victims and witnesses are not represented by specific actors in the adjudication process. In recent years there have been efforts to give victims a greater role in the process, usually at sentencing and at parole hearings.
`A proposed constitutional amendment would give victims legal authority to object plea bargaining, guarantee a speedy trial, require full restriction by the offender, and provide protection of victims where necessary.
`The right to a jury trial is stated in the Constitution, but historically it has been difficult to obtain a jury that represents the community. Expert witnesses are used to help a jury understand technical issues.
`Prosecutors, defense counsel, and judges can be viewed as a court room work group. Although they represent distinct interests, these actors share the goal of moving large numbers of cases though the adjudication process.
How Are Specialized And Alternative Courts Changing The Court System?
`Improved judicial quality, specialized courts such as felony drug courts, and alternatives to the court room are good news for the future of the court system.
`Dispute resolution, community prosecution, and community courts are three alternatives to formal adjudication in criminal court; all three of these approaches attempt to achieve dispositions that match the offense and will prevent crimes in the future.
Vocabulary
1. expert witness - a person called to testify because of his or her special expertise in an area at issue in a legal proceeding.
2. U.S. District Courts - Federal trial courts of general jurisdiction
3. U.S. Courts of Appeals - Intermediate federal appellate courts.
4. U.S. Supreme Courts - the highest court in the United States, which hears final appeals in cases involving federal law, suits between states, and interpretations of the U.S. Constitution.
5. writ of certiorari - a legal order from the U.S. Supreme Court stating that a lower court must forward the record of a particular case for review.
6. judicial review - The U.S. Supreme Court's authority to review the constitutionality of acts Congress.
7. prosecutors - elected or appointed officials who represent the community in bringing charges against an accused person.
8. district attorneys - the name for city and county prosecutors in many jurisdictions.
9. defense attorneys - attorneys who represent the legal rights of the accused in criminal or civil proceedings.
10. assigned counsel - a private attorney appointed by the court on a case-by-case basis from a list of available attorneys.
11. contract attorney programs - programs in which private attorneys, firms, or local bar associations provide legal representation to indigent defendants for a specific period contracted with the county.
12. public defenders - salaried attorneys paid by the government to represent indigents charged with crimes.
13. judge - a person who objectively assesses the strength of a case, rules on issues of law and procedure, and in many cases determines the disposition of a case.
14. merit selection - a method for selecting judges that involves a combination of appointment and election.
15. U.S. magistrates - judges appointed by the U.S. District Court judges to conduct pretrial hearings and trials for minor civil and criminal offenses in federal court.
16. Victim Impact Statements - statements by victims to the judge before sentencing about how the crime has harmed them.
17. Victims Bill of Rights - legal changes that formally recognize the role and rights of victims in the justice process.
18. Courtroom Work Group - The prosecutors, defense counsel, judges, and other courtroom personnel who represent distinct interests but share the goal of shepherding large numbers of cases through the adjudication process.
19. felony drug courts - courts that only handle drug offenses and attempt to correct underlying causes of the illegal conduct.
20. dispute resolution - a method of handling complaints outside the judicial process through a mediator appointed by the court.
21. community prosecution - a program in which prosecutors intervene in all disorderly behavior that affects the quality of life in a neighborhood.
22. community courts - decentralized courts that respond to neighborhood conditions using citizen advisory committees, volunteers, and teen courts.
Outline
How Were Criminal Courts Similar and Different In the Past?
`Although celebrated cases have occurred on occasion in the past, in many cases lawyers were absent from the trial. Misdemeanor cases were handled in a nonprofessional fashion; the processing of felonies tended to be more formal, as it is today.
`Until the late 1800s defendants could not act as witnesses or take the stand in their own defense. Today defendants are permitted to testify under oath.
How Did The State and Federal Court Systems Develop?
`The vast majority of criminal cases are heard in state courts, because most felonies are defined by state laws.
`There are three levels of jurisdiction: limited, general, and appellate.These are found in all state court systems, but each state determines how its system is organized.
`The legal authority of courts of limited jurisdiction is restricted to certain types of cases. Courts of general jurisdiction are often referred to as trial courts, and most felony trial s are held as this level. Appellate courts hear appeals from courts of general jurisdiction.
`The federal court system parallels the state court systems. There are courts of limited jurisdiction such as the U.S. Courts of Claims. There are also courts of general jurisdiction, the U.S. district courts ; these are located throughout the country and hear cases involving alleged violations of federal law.
`The are two levels of federal appellate courts. The intermediate level consists of U.S. courts of appeals. The highest level is the U.S. Supreme Court.
`All cases heard by the Supreme Court involve interpretations of the U.S. Constitution. The Court can choose which cases it will hear through a procedure termed certiorari; a writ of certiorari is issued when four or more justices believe that the legal issues presented in a case merit review.
`The decisions of the Supreme Court are made by a majority vote of the nine justices, who are appointed for life by the president with the consent of the Senate.
Who Are The Participants In the Judicial Process?
`Prosecutors represent the community in bringing charges against an accused person. Most prosecutors are elected officials and therefore may feel pressure to make "popular" prosecution decisions. Other influences on prosecutors' decisions include caseload pressures and the need to maintain good relations with other actors in the adjudication process.
`Defense attorneys represent the legal rights of the accused in criminal proceedings. They examine the evidence used to establish probable cause and assess the strength of the evidence to be used to prove guilt.
`The duties of judges are to objectively assess the strength of a case, to rule on issues of law and procedure, and sometimes to determines the ultimate disposition of a case. Judges are selected in a variety of ways, including appointment, nonpartisan election, and merit selection.
`Two recent reform movements - state court unification and the establishment of U.S. magistrates - have increased the quality of the judicial system.
`Victims and witnesses are not represented by specific actors in the adjudication process. In recent years there have been efforts to give victims a greater role in the process, usually at sentencing and at parole hearings.
`A proposed constitutional amendment would give victims legal authority to object plea bargaining, guarantee a speedy trial, require full restriction by the offender, and provide protection of victims where necessary.
`The right to a jury trial is stated in the Constitution, but historically it has been difficult to obtain a jury that represents the community. Expert witnesses are used to help a jury understand technical issues.
`Prosecutors, defense counsel, and judges can be viewed as a court room work group. Although they represent distinct interests, these actors share the goal of moving large numbers of cases though the adjudication process.
How Are Specialized And Alternative Courts Changing The Court System?
`Improved judicial quality, specialized courts such as felony drug courts, and alternatives to the court room are good news for the future of the court system.
`Dispute resolution, community prosecution, and community courts are three alternatives to formal adjudication in criminal court; all three of these approaches attempt to achieve dispositions that match the offense and will prevent crimes in the future.
Chapter 10 Vocabulary & Outline
Chapter Ten "Issues in Law Enforcement & Police Behavior" Vocabulary
1. racial profiling - alleged practice whereby police stop and search minority for minor violations significantly more often than whites.
2. police stress - emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals and injury to fellow officers.
3. cynicism - a belief that human conduct is motivated entirely by self interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior.
4. anomie- a "normlessness" or lack of attachment felt by some people toward their society.
5. socialization method - the view that holds that police officers learn their attitudes and values from socializing experiences such as experience on the job and education.
6. predispositional model - the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession.
7. authoritarianism - a tendency to favor blind obedience to authority
8. dogmatism - an attitude characterized by tenacious adherence to ones opinions even though they may be unwarranted, and based on insufficiency examined premises.
9. police discretion - the ability to choose between arrest and nonarrest solely on the basis of the officers judgement.
10. selective enforcement - an unwritten policy in which police are not required to fully enforce all laws as written.
11. policy pursuits - police chases of suspects immediately after a crime has been committed.
12. clearance rate - the proportion of open crime cases that are solved through the arrest of a suspect by police.
13. police corruption - illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to receive) any gain for themselves or others.
14. nonfeasance - a form of police corruption involving failure to perform a legal duty.
15. misfeasance - a form of police corruption involving failure to perform a legal duty in a proper manner.
16. malfeasance - a form of police corruption involving commission of an illegal act.
17. deviant police subculture hypothesis - the view that some police departments have groups of officers who place loyalty to each other above obedience to the law.
18. deadly force - the use of lethal force by police against a suspect
19. fleeing felon rule - the now obsolete common law rule that police can use deadly force against any felon who flees the scene of a crime.
20. police brutality - use of excessive physical force by police in carrying out their duties.
Outline
Is There Such a Thing As A Police Personality?
`Many myths and stereotypes about police develop because most people have comparatively little contact with police and tend to generalize from media images of incidents that are not typical.
`There are three styles of policing: the watchman, legalistic, and service styles.
`Current research on police attitudes toward their jobs show that police develop these attitudes through job experiences rather than through preexisting personality traits.
`Authoritarian attitudes are more likely to be found in officers without a college education who have been on the job a long times. Officers with less education have also been found to be more dogmatic than those with higher levels of education.
`Current research on police attitudes toward the public indicates that police are affected by citizens by citizens negative sentiment toward them but that they remain dedicated to the job.
How Should Police Performance Be Evaluated?
`Various measures of police response to crime have been used, but most have problems stemming from the fact that the police are primarily reactive and cannot spend unlimited time on unsolved cases.
`The number of arrests resulting in prosecutions is, however, a useful indicator of police performance.
`Police spend a great deal of time on noncriminal matters, and their community service function should be taken into account in evaluations of their performance.
What Are Some Forms of Police Corruption?
`Police corruption takes three forms:
nonfeasance (failure to perform a legal duty), misfeasance (failure to perform a legal duty in a proper manner), and malfeasance (commission of an illegal act).
`Some explanations of police corruption focus on individual "rotten apples," whereas others focus on the "barrel" - the whole department. Most experts reject individual explanations and suggest that there is a deviant police subculture or that corruption results from secrecy within departments.
`Still other explanations look to external factors such as laws that are difficult to enforce or a weak local government.
`Prevention of corruption depends on careful identification of its causes.
What is Legitimate Use of Deadly Force?
`Research on civilian fatalities due to police shootings has found that such incidents are underreported.
`The Supreme Court has ruled that police may use deadly force to stop a suspect only if the suspect threatens the officer with a weapon or there is probable cause to believe that the suspect is dangerous.
`Police brutality occurs when police use excessive physical force in carrying out their duties.
`Police officers may be held liable under the Fourth Amendment when they use excessive force.
1. racial profiling - alleged practice whereby police stop and search minority for minor violations significantly more often than whites.
2. police stress - emotional pressure that is produced by the nature of police work such as public apathy, exposure to criminals and injury to fellow officers.
3. cynicism - a belief that human conduct is motivated entirely by self interest. A cynical person attributes all actions to selfish motives and has a pessimistic outlook on human behavior.
4. anomie- a "normlessness" or lack of attachment felt by some people toward their society.
5. socialization method - the view that holds that police officers learn their attitudes and values from socializing experiences such as experience on the job and education.
6. predispositional model - the view that the attitudes and values of police officers are developed prior to entry into the law enforcement profession.
7. authoritarianism - a tendency to favor blind obedience to authority
8. dogmatism - an attitude characterized by tenacious adherence to ones opinions even though they may be unwarranted, and based on insufficiency examined premises.
9. police discretion - the ability to choose between arrest and nonarrest solely on the basis of the officers judgement.
10. selective enforcement - an unwritten policy in which police are not required to fully enforce all laws as written.
11. policy pursuits - police chases of suspects immediately after a crime has been committed.
12. clearance rate - the proportion of open crime cases that are solved through the arrest of a suspect by police.
13. police corruption - illegal acts or omissions of acts by police officers who, by virtue of their official position, receive (or intend to receive) any gain for themselves or others.
14. nonfeasance - a form of police corruption involving failure to perform a legal duty.
15. misfeasance - a form of police corruption involving failure to perform a legal duty in a proper manner.
16. malfeasance - a form of police corruption involving commission of an illegal act.
17. deviant police subculture hypothesis - the view that some police departments have groups of officers who place loyalty to each other above obedience to the law.
18. deadly force - the use of lethal force by police against a suspect
19. fleeing felon rule - the now obsolete common law rule that police can use deadly force against any felon who flees the scene of a crime.
20. police brutality - use of excessive physical force by police in carrying out their duties.
Outline
Is There Such a Thing As A Police Personality?
`Many myths and stereotypes about police develop because most people have comparatively little contact with police and tend to generalize from media images of incidents that are not typical.
`There are three styles of policing: the watchman, legalistic, and service styles.
`Current research on police attitudes toward their jobs show that police develop these attitudes through job experiences rather than through preexisting personality traits.
`Authoritarian attitudes are more likely to be found in officers without a college education who have been on the job a long times. Officers with less education have also been found to be more dogmatic than those with higher levels of education.
`Current research on police attitudes toward the public indicates that police are affected by citizens by citizens negative sentiment toward them but that they remain dedicated to the job.
How Should Police Performance Be Evaluated?
`Various measures of police response to crime have been used, but most have problems stemming from the fact that the police are primarily reactive and cannot spend unlimited time on unsolved cases.
`The number of arrests resulting in prosecutions is, however, a useful indicator of police performance.
`Police spend a great deal of time on noncriminal matters, and their community service function should be taken into account in evaluations of their performance.
What Are Some Forms of Police Corruption?
`Police corruption takes three forms:
nonfeasance (failure to perform a legal duty), misfeasance (failure to perform a legal duty in a proper manner), and malfeasance (commission of an illegal act).
`Some explanations of police corruption focus on individual "rotten apples," whereas others focus on the "barrel" - the whole department. Most experts reject individual explanations and suggest that there is a deviant police subculture or that corruption results from secrecy within departments.
`Still other explanations look to external factors such as laws that are difficult to enforce or a weak local government.
`Prevention of corruption depends on careful identification of its causes.
What is Legitimate Use of Deadly Force?
`Research on civilian fatalities due to police shootings has found that such incidents are underreported.
`The Supreme Court has ruled that police may use deadly force to stop a suspect only if the suspect threatens the officer with a weapon or there is probable cause to believe that the suspect is dangerous.
`Police brutality occurs when police use excessive physical force in carrying out their duties.
`Police officers may be held liable under the Fourth Amendment when they use excessive force.
Saturday, April 21, 2007
Chapter 9 Vocabulary & Outline
Chapter Nine "Origins & Organizations of Law Enforcement" Vocabulary
1. mutual pledge system: a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors.
2. constable: a citizen in charge of weapons and equipment for one hundred families in a geographic area. In England, constables were appointed by a local nobleman beginning around the year 900.
3.shire reeve: an official apponited by the Britxh Crown who was responsible for overseeing the constables and several hundred families in a given area (called a shire), the modern word 'sheriff' is derived from this term.
4. watch and ward system: a system established in England in 1285 to aid constables in their law enforcement efforts, men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable.
5. justice of the peace: an office established by Edward II in 1326 to assist the sheriff in enforcing the law. Eventually the role of the justice of the peace shifted to adjudication, while the sheriff's retained their local peacekeeping function.
6. preventive police: the first organized police department in London, established in 1829. The popular English name for police officers, "bobbies" comes from Sir Robert Peel, a founder of the the Metropolitan Police
7. crime commissions: early 20th century crime commissions included the Chicago Crime Commission (1919), The National Crime Commission (1925), and the Wickersham Commission (1931). These commissions focused on the improved operation of the criminal justice system as the best way to reduce crime.
8. progressivism: early 20th century era in policing that focused on efficiency, professionalism, and improved technology.
9. professionalization: those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deteremce and apprehension of criminals.
10. Law Enforcement Assistance Administration: (LEAA) established in 1968, LEAA ws setup with in the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. Between 1968 and 1977 the LEAA spent more than 6 billion on crime control programs and college education for police officers.
11. local police: the police departments of municipalties, local law enforcement also includes county sheriffs and special police agencies such as park, airport, transit and university police.
12. community policing: a service oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crimes)
13. weed and seed: federal programs that combine enforcement with community services in an effort to reduce crime in neighborhoods.
14. state police: enforcement agencies primarily engaged in highway patrol activities. About half of state polic agencies also have the authority to conduct investigative work.
15. federal law enforcement: seventeen different agencies that investigate violations of federal law. Unlike state police agencies, few federal agencies engage in patrol work; most perform exclusively investigative functions.
16. transnational law enforcement: international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the Internet and the threat of international organized crime and terrorism.
17. interpol: the International Criminal Police Organization composed of 177 member nations. It assists member law enforcement agencies, requiring information about crimes or criminal of a transnational nature.
18. multijurisdictional task forces: multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel and expertise and to reduce unneccessary duplication of effort.
19. private security: law enforcement agencies that protect private property and are paid by private individuals and corporations.
Outline
How Did Policing Evolve?
`Before police departments were formally established, less formal measures of self-protection were used. In the mutual pledge system, everyone in the community was responsible for everyone else. In the watch and ward system, men from each town were required to take turns standing watch at night.
`The invention of gin was a catalyst for the establishment of publig policing. Although the gin craze abated, the fear of crime did not. This led to the creation of the Bow Street Runners, a private agency that patrolled the streets.
`The first police force was establsihed in London in 1829. Police officers patrolled specific areas and were organized in a paramilitary fashion to maintain discipline.
`The first daytime police forve in the United Stated was established in Boston in 1838, New York was the first city to create a unified day and night police force. By 1900 nearly every city of any size had established a full-time police force.
`Urban police forces were plagues by problmes of low pay, disrespect, and ineffectiveness. During the Progressice Era there was a movement towward police efficiency, professionalism, and improved technology.
`Police effectiveness was increased through improved investigative techniques and better selection and training procedures.
What is The Organization of Law Enforcement?
`The vast majority of police agencies are found at the local level of government. Local police enforce appilcable state laws, local ordinances, and traffic laws; they also investigate accidents and suspected crimes.
`State police agencies enforce state laws and investigate accidents. They include specialized law enforcement agencies for such purposes as alcohol control.
`There are seventeen different federal law agencies that enforce lawas enacted by Congress. The largest federal agencies are the Federal Bureau of Prisons, and the Immigration and Naturalization Service.
`The growth of international travel, the transnational nature of the Internet, and the Immigration and Naturalization Service.
Who are the Police?
`Police selection processes vary among police departments, but most agencies require applicants to pass a written test, physical agility test, drug test, medical exma (including visual and hearing test), oral interview, psychological assessment, polygraph test, and background investication. The typical police agency requires more that 800 hours of classroom training for new recruits.
`Police offices are increasingly female and minorities, although there continue to be cases of harassment and discrimination within some police departments, despite the fact that performance studies and victim interviews show that females and minority officers perform well and are accepted by the public.
What Are Some Concerns About Policing In the United States?
`Policing faces a dilemma: There is a need to organize law enforcement efforts in amore efficient way. However, there is also reluctance to provide the necessary resources and authority.
`Innovations in equipment have contributed to improved police work. However, the introduction of 911 lines led to unanticipated problems due to an extremely high volume of calls.
`Reliance on technology in policing is increasinging with the updated National Crime Information Center, which will allow for police to access criminal histories, wanted persons files, and fingerprint comparisons via cimputers in their patrol cars. DNA banking is enabling police to compare human tissue found at crime scenes with a database of known offenders to solve more crimes.
`Media images of police work often distort the true nature of policing, providing the public with an unrealistic view of capabilities and performance of police.
`Private security is a burgeoning industry, taking on law enforcement tasks in areas where public police forces do not adapt sufficiently to social and technological changes.
1. mutual pledge system: a system of community self-responsibility that existed in Britain during the Middle Ages, in which residents were held responsible for the conduct of their neighbors.
2. constable: a citizen in charge of weapons and equipment for one hundred families in a geographic area. In England, constables were appointed by a local nobleman beginning around the year 900.
3.shire reeve: an official apponited by the Britxh Crown who was responsible for overseeing the constables and several hundred families in a given area (called a shire), the modern word 'sheriff' is derived from this term.
4. watch and ward system: a system established in England in 1285 to aid constables in their law enforcement efforts, men from each town were required to take turns standing watch at night. Crime suspects were turned over to the constable.
5. justice of the peace: an office established by Edward II in 1326 to assist the sheriff in enforcing the law. Eventually the role of the justice of the peace shifted to adjudication, while the sheriff's retained their local peacekeeping function.
6. preventive police: the first organized police department in London, established in 1829. The popular English name for police officers, "bobbies" comes from Sir Robert Peel, a founder of the the Metropolitan Police
7. crime commissions: early 20th century crime commissions included the Chicago Crime Commission (1919), The National Crime Commission (1925), and the Wickersham Commission (1931). These commissions focused on the improved operation of the criminal justice system as the best way to reduce crime.
8. progressivism: early 20th century era in policing that focused on efficiency, professionalism, and improved technology.
9. professionalization: those changes in police organization, administration, and technology aimed at improving the efficiency of the police in the deteremce and apprehension of criminals.
10. Law Enforcement Assistance Administration: (LEAA) established in 1968, LEAA ws setup with in the U.S. Department of Justice to allocate money to improve the efficiency and effectiveness of the criminal justice system. Between 1968 and 1977 the LEAA spent more than 6 billion on crime control programs and college education for police officers.
11. local police: the police departments of municipalties, local law enforcement also includes county sheriffs and special police agencies such as park, airport, transit and university police.
12. community policing: a service oriented style of law enforcement that focuses on disorder in the community, crime prevention, and fear reduction (as opposed to the traditional focus on serious street crimes)
13. weed and seed: federal programs that combine enforcement with community services in an effort to reduce crime in neighborhoods.
14. state police: enforcement agencies primarily engaged in highway patrol activities. About half of state polic agencies also have the authority to conduct investigative work.
15. federal law enforcement: seventeen different agencies that investigate violations of federal law. Unlike state police agencies, few federal agencies engage in patrol work; most perform exclusively investigative functions.
16. transnational law enforcement: international agreements and law enforcement efforts that attempt to serve the interests of all nations in the face of the growth of international travel, the transnational nature of the Internet and the threat of international organized crime and terrorism.
17. interpol: the International Criminal Police Organization composed of 177 member nations. It assists member law enforcement agencies, requiring information about crimes or criminal of a transnational nature.
18. multijurisdictional task forces: multiagency efforts to combat multijurisdictional crimes allowing for pooling of evidence, personnel and expertise and to reduce unneccessary duplication of effort.
19. private security: law enforcement agencies that protect private property and are paid by private individuals and corporations.
Outline
How Did Policing Evolve?
`Before police departments were formally established, less formal measures of self-protection were used. In the mutual pledge system, everyone in the community was responsible for everyone else. In the watch and ward system, men from each town were required to take turns standing watch at night.
`The invention of gin was a catalyst for the establishment of publig policing. Although the gin craze abated, the fear of crime did not. This led to the creation of the Bow Street Runners, a private agency that patrolled the streets.
`The first police force was establsihed in London in 1829. Police officers patrolled specific areas and were organized in a paramilitary fashion to maintain discipline.
`The first daytime police forve in the United Stated was established in Boston in 1838, New York was the first city to create a unified day and night police force. By 1900 nearly every city of any size had established a full-time police force.
`Urban police forces were plagues by problmes of low pay, disrespect, and ineffectiveness. During the Progressice Era there was a movement towward police efficiency, professionalism, and improved technology.
`Police effectiveness was increased through improved investigative techniques and better selection and training procedures.
What is The Organization of Law Enforcement?
`The vast majority of police agencies are found at the local level of government. Local police enforce appilcable state laws, local ordinances, and traffic laws; they also investigate accidents and suspected crimes.
`State police agencies enforce state laws and investigate accidents. They include specialized law enforcement agencies for such purposes as alcohol control.
`There are seventeen different federal law agencies that enforce lawas enacted by Congress. The largest federal agencies are the Federal Bureau of Prisons, and the Immigration and Naturalization Service.
`The growth of international travel, the transnational nature of the Internet, and the Immigration and Naturalization Service.
Who are the Police?
`Police selection processes vary among police departments, but most agencies require applicants to pass a written test, physical agility test, drug test, medical exma (including visual and hearing test), oral interview, psychological assessment, polygraph test, and background investication. The typical police agency requires more that 800 hours of classroom training for new recruits.
`Police offices are increasingly female and minorities, although there continue to be cases of harassment and discrimination within some police departments, despite the fact that performance studies and victim interviews show that females and minority officers perform well and are accepted by the public.
What Are Some Concerns About Policing In the United States?
`Policing faces a dilemma: There is a need to organize law enforcement efforts in amore efficient way. However, there is also reluctance to provide the necessary resources and authority.
`Innovations in equipment have contributed to improved police work. However, the introduction of 911 lines led to unanticipated problems due to an extremely high volume of calls.
`Reliance on technology in policing is increasinging with the updated National Crime Information Center, which will allow for police to access criminal histories, wanted persons files, and fingerprint comparisons via cimputers in their patrol cars. DNA banking is enabling police to compare human tissue found at crime scenes with a database of known offenders to solve more crimes.
`Media images of police work often distort the true nature of policing, providing the public with an unrealistic view of capabilities and performance of police.
`Private security is a burgeoning industry, taking on law enforcement tasks in areas where public police forces do not adapt sufficiently to social and technological changes.
Thursday, April 19, 2007
Chapter 8 Vocabulary & Outline
Chapter Eight "Criminal Procedure & The Police" Vocabulary
1. frisk - a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made.
2. search- an explanatory inspection of a person or property based on probable cause of law violation.
3. seizure - confiscation of property oocuring when there is some meaningful interference with the individuals possession of property.
4. reasonable suspicion - a situation in which a police officer has good reason to believe that criminal activity may be occuring; this permits a brief investigative inquiry of the suspect.
5. exclusionary rule - a legal principle that holds that illegally seized evidence must be excluded from use in trials.
6. good faith exception - a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
7. Fifth Amendment - the amendment to the Constitution that includes protection against self-incrimination
8. Miranda warning - a five-point warning derived from the case of Miranda v. Arizona. It's purpose is to provide fair notice to crime suspects of thier basic constitutional rights.
9. public safety exception - police may omit the Miranda warning prior to quiestioning a suspect when public safety is jeoparized.
Outline
What if the Role of Police in Criminal Procedure?
`A frisk is a pattting down of an individuals outer clothing on the basis of a reasonable suspicion, whereas a search is an explanatory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
`The exclusionary rule holds that illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police conduct a sezrch on the basis of a warrant that is later found to be defective.
`Searches may be conducted without a awarrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involove evidence in plain view, automobile and thiedr contents, or open fields and abandoned property.
The Fifth Amendment
`The Fifth Amendment provides for grand juries, protection against double jeopardy, and protection from self-incrimination. It has had its greatest impact on interrogations and confessions obtained by the police.
`To ensure protection against self-incrimination, suspects taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to have an attorney present during questioning.
`The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.
Impacts of Procedural Law on Law Enforcement
`Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement, reflecting continuing conflict in the balance to be struck among the interests of the government, the public interest, and the rights of private citizens.
`The importance of confessions to police work is limited because most suspects are taken into cutody based on other evidence.
1. frisk - a patting down of the outer clothing of a suspect based on reasonable suspicion, designed to protect a police officer from attack with a weapon while an inquiry is made.
2. search- an explanatory inspection of a person or property based on probable cause of law violation.
3. seizure - confiscation of property oocuring when there is some meaningful interference with the individuals possession of property.
4. reasonable suspicion - a situation in which a police officer has good reason to believe that criminal activity may be occuring; this permits a brief investigative inquiry of the suspect.
5. exclusionary rule - a legal principle that holds that illegally seized evidence must be excluded from use in trials.
6. good faith exception - a rule stating that evidence seized with a defective warrant, not based on probable cause, is admissible in court if the police acted in good faith in presenting the evidence and the error was made by the judge.
7. Fifth Amendment - the amendment to the Constitution that includes protection against self-incrimination
8. Miranda warning - a five-point warning derived from the case of Miranda v. Arizona. It's purpose is to provide fair notice to crime suspects of thier basic constitutional rights.
9. public safety exception - police may omit the Miranda warning prior to quiestioning a suspect when public safety is jeoparized.
Outline
What if the Role of Police in Criminal Procedure?
`A frisk is a pattting down of an individuals outer clothing on the basis of a reasonable suspicion, whereas a search is an explanatory quest for evidence. Frisks are limited to a search for weapons that may pose an immediate threat to the officer's safety. Automobiles may be searched without probable cause if officers possess a reasonable belief that the occupant is armed.
`The exclusionary rule holds that illegally seized evidence must be excluded from trials. The "good faith" exception to this rule occurs when police conduct a sezrch on the basis of a warrant that is later found to be defective.
`Searches may be conducted without a awarrant if they are incident to a lawful arrest; are conducted with voluntary consent; or involove evidence in plain view, automobile and thiedr contents, or open fields and abandoned property.
The Fifth Amendment
`The Fifth Amendment provides for grand juries, protection against double jeopardy, and protection from self-incrimination. It has had its greatest impact on interrogations and confessions obtained by the police.
`To ensure protection against self-incrimination, suspects taken into custody must be read the Miranda warning, which states that the suspect has the right to remain silent and to have an attorney present during questioning.
`The Supreme Court has established some exceptions to the Miranda rule. These include the public safety exception, in which a suspect may be asked questions prompted by concern for public safety before being read the Miranda warning.
Impacts of Procedural Law on Law Enforcement
`Debate continues about the benefits of the exclusionary rule and Miranda for citizens and for law enforcement, reflecting continuing conflict in the balance to be struck among the interests of the government, the public interest, and the rights of private citizens.
`The importance of confessions to police work is limited because most suspects are taken into cutody based on other evidence.
Monday, April 16, 2007
Music Activity
Music Activity
Father: William Castro Year of Birth: 1960Years of Age Ranging from 16-19: 1976-1979
In the year 1976, my father was sixteen years old.
The Top Ten Singles of 1976 1. Disco Lady – Johnnie Taylor 2. Don’t Go Breaking My Heart – Elton John and Kiki Dee 3. Play That Funky Music – Wild Cherry 4. Tonight’s The Night – Rod Stewart 5. Kiss And Say Goodbye – The Manhattans 6. Silly Love Songs – Paul McCartney and Wings 7. A Fifth of Beethoven – Walter Murphy 8. Love Machine (Part One) – The Miracles 9. 50 Ways To Leave Your Lover – Paul Simon 10. December 1963 (Oh What A Night) - The Four SeasonsIn the year 1977, he was seventeen years old.
The Top Ten Singles of 1977
1. You Light Up My Life – Debbie Boone 2. I Just Want To Be Your Everything – Andy Gibb
3. Evergreen – Barbra Streisand 4. Undercover Angel – Alan O’day 5. I Like Dreaming – Kenny Nolan 6. Dancing Queen – Abba 7. Torn Between Two Lovers – Mary MacGregor 8. Higher And Higher – Rita Coolidge
9. Best Of My Love – The Emotions 10. Southern Nights – Glen Campbell
In the year 1978, he became turned eighteen. The Top Ten Singles of 1978
Night Fever – BeeGees
Shadow Dancing – Andy Gibb
Staying Alive – BeeGees
Kiss You All Over – Exile
Three Times A Lady – Commodores
Boogie Oogie Oogie – A Taste of Honey
Baby Come Back – Player
Emotion – Samantha Sang
You’re The One That I Want – John Travolta and Olivia Newton-John
Grease – Frankie Valli
In the year 1979, he was nineteen.
The Top Ten Singles of 1979
My Sharona – The Knack
Le Freak – Chic
Do Ya Think I’m Sexy – Rod Stewart
Bad Girls – Donna Summer
YMCA – Village People
Reunited – Peaches and Herb
Ring My Bell – Anita Ward
I Will Survive – Gloria Gaynor
Too Much Heaven – BeeGees
Hot Stuff – Donna Summer
Response: I enjoyed this assignment very much. It gave me incite to who my father is as a person and not just as who he is to me. When my dad heard the song Disco Lady by Jhonnie Taylor, he said it reminds him of being free and having no worries at the age of sixteen. He remembers that the song came out while he was in the ninth grade and the year Guam was hit by Supertyphoon Pamela. This song triggered memories of receiving his promotion certificate by mail because schools had been shut down due to the typhoon. He enjoys the beat and the soul of the music.
When I played the song You Light Up My Life he instantly told me that a young girl dedicated this song to him in the tenth grade. He says she wanted to be his girlfriend but his obligation to sports and his friends left her out. At that moment in life he cared more about his performance in community sports rather than being with a girl.
My dad was in the eleventh grade when he first heard the song Night Fever. At first he thought John Travolta sang it. Then he remembered that it was the Bee Gees. He says the Bee Gees were really popular at the time.
The song My Sharona sparked an emotion. He remembers being a senior in high school and not knowing what to do with his life. He recalls listening to this song on the way down to take his ASVAB for the army. He and a bunch of friends went down to the recruiting office spontaneously and only he ended up enlisting. He remembers being unsure of himself.
Surprisingly my dad’s favorite song his senior year was Torn Between Two Lovers. He always sang it jokingly because at one point he was dating two girls at one time. Although he laughs about it now, he feels karma is coming back to him through his three daughters.
Mother: Susan M. AtoigueYear of Birth: 1967Years of Age Ranging from 16-19: 1983-1986
In the year 1983, my mother was sixteen years old.
Top Ten Singles of 19831. Billie Jean – Michael Jackson
2. Every Breath You Take – The Police3. Back On The Chain Gang/ My City was Gone - Pretenders4. Looking For The Perfect Beat – Afrika Bambaataa & The Soul Sonic Force5. Little Red Corvette – Prince6. Electric Avenue – Eddie Grant7. Beat It – Michael Jackson8. White Lines (Don’t Do It) – Grandmaster Flash & Mellie Mel9. It’s Like That/ Sucker M.C’s – Run-D.M.C.
10. Burning Down The House – Talking Heads
In the year 1984, my mother was seventeen years old. Top Ten Singles of 1984
1. When Doves Cry - Prince
2. What's Love Got To Do With It - Tina Turner
3. Jump - Van Halen
4. Karma Chameleon - Culture Club
5. Like A Virgin -Madonna
6. Hello - Lionel Richie
7. Owner Of A Lonely Heart -Yes
8. Against All Odds (Take A Look At Me Now) - Phil Collins
9. Footloose - Kenny Loggins
10. Ghostbusters - Ray Parker, Jr.In the year 1985, my mother was eighteen years old. Top Ten Singles of 19851. Careless Whisper - Wham!
2. Say You, Say Me - Lionel Richie
3. Separate Lives - Phil Collins & Marilyn Martin
4. I Want To Know What Love Is - Foreigner
5. Money For Nothing - Dire Straits
6. We Are The World - USA for Africa
7. Broken Wings - Mr. Mister
8. Everybody Wants To Rule The World - Tears for Fears
9. The Power Of Love - Huey Lewis & The News
10. We Built This City - Starship
In the year 1986, my mother was nineteen years old.Top Ten Singles of 1986
1. Faith - George Michael
2. Alone - Heart
3. I Wanna Dance With Somebody (Who Loves Me) - Whitney Houston
4. C'est la Vie - Robbie Nevil
5. Shake You Down - Gregory Abbott
6. La Bamba - Los Lobos
7. Livin' On A Prayer - Bon Jovi
8. Here I Go Again - Whitesnake
9. Heaven Is A Place On Earth - Belinda Carlisle
10. (I've Had) The Time Of My Life - Bill Medley & Jennifer Warnes
Response:
When my mom heard the song Billy Jean she instantly stated that the song reminded her of when she stayed in Italy. She recalls strolling with her boyfriend in his car with her best friend in the backseat. She remembers hanging out on the Italian beach San Cibina with her friends from the military school where she graduated from. “Your dad loves Michael Jackson”, she laughs. When she heard the song from Prince, she remembers watching him on television from Italy. “He was wearing a silk white outfit” she adds in.
She tells me about her junior year in high school. She was a cheerleader and after each game, the entire class would go to the beach. Although, she hated leaving Guam, she loved her stay in Italy and ended up really attached to her new friends and surroundings. She loved to wear lace ankle socks and pumps. When she heard the song Careless Whisper, it brought her back to her senior prom, where she was crowned prom queen. She loves to sing this song to when she karaokes. She tells me of her prom night, where once again her class went to the beach after hitting the clubs. They built a bonfire and drank beer and hung out until the sun rose. She says that she still remembers the words to all the songs she loved when she was younger. “I had to write down the words, it is not like today where you can just type the name of the song and print out the lyrics. I recorded the songs on a tape then listened, paused, and wrote down what I heard.”
My moms favorite song her senior year was “I can’t fight this feeling” by George Michael. She loved his voice and most of his songs.
Father: William Castro Year of Birth: 1960Years of Age Ranging from 16-19: 1976-1979
In the year 1976, my father was sixteen years old.
The Top Ten Singles of 1976 1. Disco Lady – Johnnie Taylor 2. Don’t Go Breaking My Heart – Elton John and Kiki Dee 3. Play That Funky Music – Wild Cherry 4. Tonight’s The Night – Rod Stewart 5. Kiss And Say Goodbye – The Manhattans 6. Silly Love Songs – Paul McCartney and Wings 7. A Fifth of Beethoven – Walter Murphy 8. Love Machine (Part One) – The Miracles 9. 50 Ways To Leave Your Lover – Paul Simon 10. December 1963 (Oh What A Night) - The Four SeasonsIn the year 1977, he was seventeen years old.
The Top Ten Singles of 1977
1. You Light Up My Life – Debbie Boone 2. I Just Want To Be Your Everything – Andy Gibb
3. Evergreen – Barbra Streisand 4. Undercover Angel – Alan O’day 5. I Like Dreaming – Kenny Nolan 6. Dancing Queen – Abba 7. Torn Between Two Lovers – Mary MacGregor 8. Higher And Higher – Rita Coolidge
9. Best Of My Love – The Emotions 10. Southern Nights – Glen Campbell
In the year 1978, he became turned eighteen. The Top Ten Singles of 1978
Night Fever – BeeGees
Shadow Dancing – Andy Gibb
Staying Alive – BeeGees
Kiss You All Over – Exile
Three Times A Lady – Commodores
Boogie Oogie Oogie – A Taste of Honey
Baby Come Back – Player
Emotion – Samantha Sang
You’re The One That I Want – John Travolta and Olivia Newton-John
Grease – Frankie Valli
In the year 1979, he was nineteen.
The Top Ten Singles of 1979
My Sharona – The Knack
Le Freak – Chic
Do Ya Think I’m Sexy – Rod Stewart
Bad Girls – Donna Summer
YMCA – Village People
Reunited – Peaches and Herb
Ring My Bell – Anita Ward
I Will Survive – Gloria Gaynor
Too Much Heaven – BeeGees
Hot Stuff – Donna Summer
Response: I enjoyed this assignment very much. It gave me incite to who my father is as a person and not just as who he is to me. When my dad heard the song Disco Lady by Jhonnie Taylor, he said it reminds him of being free and having no worries at the age of sixteen. He remembers that the song came out while he was in the ninth grade and the year Guam was hit by Supertyphoon Pamela. This song triggered memories of receiving his promotion certificate by mail because schools had been shut down due to the typhoon. He enjoys the beat and the soul of the music.
When I played the song You Light Up My Life he instantly told me that a young girl dedicated this song to him in the tenth grade. He says she wanted to be his girlfriend but his obligation to sports and his friends left her out. At that moment in life he cared more about his performance in community sports rather than being with a girl.
My dad was in the eleventh grade when he first heard the song Night Fever. At first he thought John Travolta sang it. Then he remembered that it was the Bee Gees. He says the Bee Gees were really popular at the time.
The song My Sharona sparked an emotion. He remembers being a senior in high school and not knowing what to do with his life. He recalls listening to this song on the way down to take his ASVAB for the army. He and a bunch of friends went down to the recruiting office spontaneously and only he ended up enlisting. He remembers being unsure of himself.
Surprisingly my dad’s favorite song his senior year was Torn Between Two Lovers. He always sang it jokingly because at one point he was dating two girls at one time. Although he laughs about it now, he feels karma is coming back to him through his three daughters.
Mother: Susan M. AtoigueYear of Birth: 1967Years of Age Ranging from 16-19: 1983-1986
In the year 1983, my mother was sixteen years old.
Top Ten Singles of 19831. Billie Jean – Michael Jackson
2. Every Breath You Take – The Police3. Back On The Chain Gang/ My City was Gone - Pretenders4. Looking For The Perfect Beat – Afrika Bambaataa & The Soul Sonic Force5. Little Red Corvette – Prince6. Electric Avenue – Eddie Grant7. Beat It – Michael Jackson8. White Lines (Don’t Do It) – Grandmaster Flash & Mellie Mel9. It’s Like That/ Sucker M.C’s – Run-D.M.C.
10. Burning Down The House – Talking Heads
In the year 1984, my mother was seventeen years old. Top Ten Singles of 1984
1. When Doves Cry - Prince
2. What's Love Got To Do With It - Tina Turner
3. Jump - Van Halen
4. Karma Chameleon - Culture Club
5. Like A Virgin -Madonna
6. Hello - Lionel Richie
7. Owner Of A Lonely Heart -Yes
8. Against All Odds (Take A Look At Me Now) - Phil Collins
9. Footloose - Kenny Loggins
10. Ghostbusters - Ray Parker, Jr.In the year 1985, my mother was eighteen years old. Top Ten Singles of 19851. Careless Whisper - Wham!
2. Say You, Say Me - Lionel Richie
3. Separate Lives - Phil Collins & Marilyn Martin
4. I Want To Know What Love Is - Foreigner
5. Money For Nothing - Dire Straits
6. We Are The World - USA for Africa
7. Broken Wings - Mr. Mister
8. Everybody Wants To Rule The World - Tears for Fears
9. The Power Of Love - Huey Lewis & The News
10. We Built This City - Starship
In the year 1986, my mother was nineteen years old.Top Ten Singles of 1986
1. Faith - George Michael
2. Alone - Heart
3. I Wanna Dance With Somebody (Who Loves Me) - Whitney Houston
4. C'est la Vie - Robbie Nevil
5. Shake You Down - Gregory Abbott
6. La Bamba - Los Lobos
7. Livin' On A Prayer - Bon Jovi
8. Here I Go Again - Whitesnake
9. Heaven Is A Place On Earth - Belinda Carlisle
10. (I've Had) The Time Of My Life - Bill Medley & Jennifer Warnes
Response:
When my mom heard the song Billy Jean she instantly stated that the song reminded her of when she stayed in Italy. She recalls strolling with her boyfriend in his car with her best friend in the backseat. She remembers hanging out on the Italian beach San Cibina with her friends from the military school where she graduated from. “Your dad loves Michael Jackson”, she laughs. When she heard the song from Prince, she remembers watching him on television from Italy. “He was wearing a silk white outfit” she adds in.
She tells me about her junior year in high school. She was a cheerleader and after each game, the entire class would go to the beach. Although, she hated leaving Guam, she loved her stay in Italy and ended up really attached to her new friends and surroundings. She loved to wear lace ankle socks and pumps. When she heard the song Careless Whisper, it brought her back to her senior prom, where she was crowned prom queen. She loves to sing this song to when she karaokes. She tells me of her prom night, where once again her class went to the beach after hitting the clubs. They built a bonfire and drank beer and hung out until the sun rose. She says that she still remembers the words to all the songs she loved when she was younger. “I had to write down the words, it is not like today where you can just type the name of the song and print out the lyrics. I recorded the songs on a tape then listened, paused, and wrote down what I heard.”
My moms favorite song her senior year was “I can’t fight this feeling” by George Michael. She loved his voice and most of his songs.
Sunday, April 1, 2007
300 (2)
I thought the movie 300 was an excellent film. The three hundred Spartans who went to war against the Persians fascinated me. King Leonidas stayed true to the beliefs of Spartans, he would not surrender to the Persians. The one aspect of the movie that I enjoyed was that the Spartans determination, skill and bravery. The visuals in the film were stunning. Although I am usually do not care for war movies, I enjoyed this one. Queen Gorgo is also potrayed as a strong leader like her husband. Their devotion to eachother sparked my interest. It is very rare that you see that in gory war movies.
Wednesday, March 21, 2007
Silence of the Lambs (1)
The 1991 film Silence of the Lambs was an intriguing film. I enjoyed watching the movie. Anthony Hopkins does an excellent job in playing the mad psychiatrist, Hannibal Lector. In the movie, Hannibal Lector is an intelligent man who is both gracious and cruel at the same time. The psychological aspect of the movie was what I enjoyed most. Lector and Jodie Foster's character (Clarice Starling) share a unique bond in the film . Towards the end of the movie, when Lector escapes Starling is well assured that he will not come after her. She states that he would find it rude. Lector affirms this assumption when he calls to congradulate her after her graduation for the FBI academy. I am now eager to watch the remainding films.
Tuesday, March 20, 2007
Chapter Seven Vocabulary and Outline
Chapter Seven "The Criminal Justice System" Vocabulary
policing: enforcing the law by apprehending violators and thereby protecting citizens. Crime prevention and social services such as education of the public are more recent emphases in law enforcement.
limited jurisdiction: the jurisdiction of courts that have narrow legal authority over specific types of matter (e.g. surrogat court, tax court)
general jurisdiction: the jurisditcion of courts where most trials for felonies occur, as well as trials in major civil cases
appellate jurisdiction: the jurisdiction of courts that review specific legal issues raised in trial courts.
local jails: facilities used to detain adults awaiting trial and offenders serving sentences of one year or less.
probation: a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer
Bill of Rights: the first ten ammendments to the Constitution - details many of the requirements for adjudication such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure
Fourth Amendment: Amendment to the Constitution that prohibits searches without probable cause.
probable cause: a reasonable link between a specific person and a particular crime; the legal threshold required before police can arrest or search an individual.
warrant: a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officer's assessment of the facts
arrest: process of taking a suspect into custody for the purpose of prosecution
booking: a procedure in which an official record of the arrest is made
summons: a written notice to appear in court
bail: a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial.
surety: bail posted by a bondsman on behelf of an arrestee
plea: a statement of innocence or guilt
arraignment: a hearing in where the defendant is informed of the charges and of his/her rights, enters a plea.
information: a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.
grand jury: a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trial.
indictment: a formal accusation of a crime based on the vote of a grand jury.
bench trial: a trial in which the judge determines guilt or innocence
jury trial: a trial in which the jury determines guilt or innocence
acquittal: a finding after trial of not guilty.
conviction: a finding of guilt beyond a reasonable doubt
sentencing: a judge's decision as to what is to be the most appropriate punishment, given the type of crime and offender, and within a specified range established by law.
presentence: an investigation by the probation department that seeks information regarding the offender's personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender.
incarceration: segregation of offenders from the rest of the community in jails or prisons, to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes.
parole: a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community.
appeal: a review of lower courts decisions by a higher court to look for errors of law or procedure.
justices: the title of the judges of an appellate court.
mistrial: a trial that has been declared invalid because of a substantial error in law or procedure.
Outline.
I. What are the Agencies of Criminal Justice?
A. Law Enforcement - exists at all levels of government ( federal, state, and local)
expected to perform four tasks: protect people and their rights, apprehend those who violate the law, prevent crimes, and provide social services.
Federal law enforcement officers are charged with enforcing federal laws, state officers enforce state laws, local police enforce both state & local laws.
B. Courts- in crimimal courts legal responsibility is determined through interpretation of the law in relation to the circumstances of the individual cases.
Courts can be grouped into the federal court system and the state court system.
Both systems have 3 basic types of jursidiction:
1. Courts of Limited Jurisdiction - narrow legal authority (tax courts)
2. Courts of General Jurisdiction - trial courts
3. Appellate Jurisdiction - highest level; review specific legal issues raised by cases in courts with general jurisdiction.
C. Corrections - exists at all three levels of government. There are more then 6,000 correctional facilities in the U.S.
It is important to think of the criminal justice system as a filter. The filter provides multiple opportunities for the system to correct itself as a case moves through it.
II. What is Procedural Law?
- A very important part of the process, because it specifies how people accused of crimes will be treated (Bill of Rights First Ten Amendments.)
A. Law, Investigation and Arrest
-First requirement: a suspected violation of law based on a specific criminal law.
First action to be taken by police. investigation.
B. The Fourth Amendment and Probable Cause
The Fourth Amendment protects individuals against searches and seizures conducted without a warrant specifying "probable cause".
C. Arrest
To carry out a valid arrest, a police officer must have probable cause to believe that a specific person committed a particular illegal act. This requires a reasonable link between person and crime. Following as arrest, the suspect is booked.
III. What is Involved in Criminal Court Procedure?
Provides the legal linkage among the agencies of the criminal justice system.
A. Initial Appearance and Preliminary Hearing
After an arrest and booking, the suspect must be brought before a judge within a reasonable period of time. The initial appearance the arrestees are given formal notice of the charge(s) for which they are being held. Also informed of legal rights. Bail is set.
Following the initial appearance is the preliminary hearing in which a judge determines whethere there is probable cause to hold the arrestee for trial.
B. Grand Jury, Indictment, Arraignment
In the U.S. grand juries consists of 16-23 people who are usually selected from voter registration rolls in the same way as trial juries. Evidence is presented by the prosecutor and members of the grand jury can question witnesses. Defendant is not allowed to attend grand jury proceedings. The secrecy of grand jury proceedings and the absense of defense counsel can lead to abuse.
If majority of the members of a grand jury believe there is probable cause to hold the accused for trial, they issue a "true bill" or indictment, in which the accused is formally charged with the crime. After grand jury votes to indict, the defendant is arraigned.
-Defendants generally have four alternatives in making a plea. They can plead
guilty, nolo contendere, no plea, or not guilty.
C. Trial and Conviction
After the arraignment a trial takes place in one of two formats, bench trial or jury trial.
A finding of not guilty is an aquittal. A finding of guilty is a conviction.
D. Sentencing and Appeals
In sentencing the judge decides what is to be the most appropriate punishment, given the type of crime and type of offender. The judge's discretion is guded only by the minimun and maximun sentence for a certain crime.
IV. What are Some Concerns abouth the Criminal Justice System?
Cost & the effect of the rules of criminal procedure on efforts to obtain truth, and justice in the criminal justice process.
A. The Cost of Justice
Each yeaer federal, state, and local governments spend $147 billion on civil and criminal justice system agencies. Largest share ($65 billion) goes to police, then corrections ($49 billion). Nearly 2.2. million people are employed in the justice system. The primary reason the cost of justice is so high is because the public actively encourages the legislatures to "do something" about crime, spending on prisons/police is a popular way to "do something" about crime.
B. Fairness in Adjudication
Racial discrimination, erroneous convictions in court, and disparity among judges in sentencing similar offenders for similar crimes.
policing: enforcing the law by apprehending violators and thereby protecting citizens. Crime prevention and social services such as education of the public are more recent emphases in law enforcement.
limited jurisdiction: the jurisdiction of courts that have narrow legal authority over specific types of matter (e.g. surrogat court, tax court)
general jurisdiction: the jurisditcion of courts where most trials for felonies occur, as well as trials in major civil cases
appellate jurisdiction: the jurisdiction of courts that review specific legal issues raised in trial courts.
local jails: facilities used to detain adults awaiting trial and offenders serving sentences of one year or less.
probation: a system under which a person convicted of a crime serves a sentence in the community under the supervision of a probation officer
Bill of Rights: the first ten ammendments to the Constitution - details many of the requirements for adjudication such as arrests, warrants, searches, trials, lawyers, punishment, and other important aspects of criminal procedure
Fourth Amendment: Amendment to the Constitution that prohibits searches without probable cause.
probable cause: a reasonable link between a specific person and a particular crime; the legal threshold required before police can arrest or search an individual.
warrant: a sworn statement by police that attests to the existence of probable cause in a given case; it is signed by a judge who agrees with the officer's assessment of the facts
arrest: process of taking a suspect into custody for the purpose of prosecution
booking: a procedure in which an official record of the arrest is made
summons: a written notice to appear in court
bail: a form of pretrial release where the court holds money or property to ensure that the arrestee will appear for trial.
surety: bail posted by a bondsman on behelf of an arrestee
plea: a statement of innocence or guilt
arraignment: a hearing in where the defendant is informed of the charges and of his/her rights, enters a plea.
information: a formal accusation of a crime filed by a prosecutor based on the findings of a preliminary hearing.
grand jury: a group of citizens who hear the evidence presented by a prosecutor to determine whether probable cause exists to hold a person for trial.
indictment: a formal accusation of a crime based on the vote of a grand jury.
bench trial: a trial in which the judge determines guilt or innocence
jury trial: a trial in which the jury determines guilt or innocence
acquittal: a finding after trial of not guilty.
conviction: a finding of guilt beyond a reasonable doubt
sentencing: a judge's decision as to what is to be the most appropriate punishment, given the type of crime and offender, and within a specified range established by law.
presentence: an investigation by the probation department that seeks information regarding the offender's personal and social background, criminal record, and any other information that may help the judge match the sentence to the offender.
incarceration: segregation of offenders from the rest of the community in jails or prisons, to rehabilitate, incapacitate, or punish them and to deter others from committing similar crimes.
parole: a phase of the criminal justice system in which an offender completes the end of a prison sentence under supervision in the community.
appeal: a review of lower courts decisions by a higher court to look for errors of law or procedure.
justices: the title of the judges of an appellate court.
mistrial: a trial that has been declared invalid because of a substantial error in law or procedure.
Outline.
I. What are the Agencies of Criminal Justice?
A. Law Enforcement - exists at all levels of government ( federal, state, and local)
expected to perform four tasks: protect people and their rights, apprehend those who violate the law, prevent crimes, and provide social services.
Federal law enforcement officers are charged with enforcing federal laws, state officers enforce state laws, local police enforce both state & local laws.
B. Courts- in crimimal courts legal responsibility is determined through interpretation of the law in relation to the circumstances of the individual cases.
Courts can be grouped into the federal court system and the state court system.
Both systems have 3 basic types of jursidiction:
1. Courts of Limited Jurisdiction - narrow legal authority (tax courts)
2. Courts of General Jurisdiction - trial courts
3. Appellate Jurisdiction - highest level; review specific legal issues raised by cases in courts with general jurisdiction.
C. Corrections - exists at all three levels of government. There are more then 6,000 correctional facilities in the U.S.
It is important to think of the criminal justice system as a filter. The filter provides multiple opportunities for the system to correct itself as a case moves through it.
II. What is Procedural Law?
- A very important part of the process, because it specifies how people accused of crimes will be treated (Bill of Rights First Ten Amendments.)
A. Law, Investigation and Arrest
-First requirement: a suspected violation of law based on a specific criminal law.
First action to be taken by police. investigation.
B. The Fourth Amendment and Probable Cause
The Fourth Amendment protects individuals against searches and seizures conducted without a warrant specifying "probable cause".
C. Arrest
To carry out a valid arrest, a police officer must have probable cause to believe that a specific person committed a particular illegal act. This requires a reasonable link between person and crime. Following as arrest, the suspect is booked.
III. What is Involved in Criminal Court Procedure?
Provides the legal linkage among the agencies of the criminal justice system.
A. Initial Appearance and Preliminary Hearing
After an arrest and booking, the suspect must be brought before a judge within a reasonable period of time. The initial appearance the arrestees are given formal notice of the charge(s) for which they are being held. Also informed of legal rights. Bail is set.
Following the initial appearance is the preliminary hearing in which a judge determines whethere there is probable cause to hold the arrestee for trial.
B. Grand Jury, Indictment, Arraignment
In the U.S. grand juries consists of 16-23 people who are usually selected from voter registration rolls in the same way as trial juries. Evidence is presented by the prosecutor and members of the grand jury can question witnesses. Defendant is not allowed to attend grand jury proceedings. The secrecy of grand jury proceedings and the absense of defense counsel can lead to abuse.
If majority of the members of a grand jury believe there is probable cause to hold the accused for trial, they issue a "true bill" or indictment, in which the accused is formally charged with the crime. After grand jury votes to indict, the defendant is arraigned.
-Defendants generally have four alternatives in making a plea. They can plead
guilty, nolo contendere, no plea, or not guilty.
C. Trial and Conviction
After the arraignment a trial takes place in one of two formats, bench trial or jury trial.
A finding of not guilty is an aquittal. A finding of guilty is a conviction.
D. Sentencing and Appeals
In sentencing the judge decides what is to be the most appropriate punishment, given the type of crime and type of offender. The judge's discretion is guded only by the minimun and maximun sentence for a certain crime.
IV. What are Some Concerns abouth the Criminal Justice System?
Cost & the effect of the rules of criminal procedure on efforts to obtain truth, and justice in the criminal justice process.
A. The Cost of Justice
Each yeaer federal, state, and local governments spend $147 billion on civil and criminal justice system agencies. Largest share ($65 billion) goes to police, then corrections ($49 billion). Nearly 2.2. million people are employed in the justice system. The primary reason the cost of justice is so high is because the public actively encourages the legislatures to "do something" about crime, spending on prisons/police is a popular way to "do something" about crime.
B. Fairness in Adjudication
Racial discrimination, erroneous convictions in court, and disparity among judges in sentencing similar offenders for similar crimes.
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