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.
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