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FINAL REVIEW CHAPTER 1: 6th amendment: right to an attorney o The accused has the right to a trial by jury with

exceptions; for example, if given 6 months or less not important. Plea options for the accused: 1. Plead guilty (no trial, sentenced) 2. Plead not guilty 3. No lo contenderate (no contest) 4. Stand mute (refuse to enter plea) y y Bench trial: is a trial held before a judge sitting without a jury. Earl Warren: Chief Justice who was concerned for the rights of ethnic and racial minorities as well as women and people with physical and mental challenges. y y Cases: y Gideon vs. Wainwright: court must provide attorneys to defendants who are unable to afford one. y Miranda vs. Arizona: established due process and individual rights 5th amendment: due process Protects against abuse of government authority in a legal procedure

Listing: y purposes of the preliminary hearing: 1. Install probable cause 2. Make sure they have the right person 3. Continue with the case 4. Defense sees what evidence there is

CHAPTER 2: Edwin Sutherland: first person to define white collar crime 1939

y y

Dark figure: portion of crime we dont know about Sarbanes-Oakley Act: bill that targeted white-collar crime; law requires CEO & CFO to sign off financial records and documents.

2nd amendment: right to bear arms o Protects a right to keep and bear arms.

Hate Crimes: #1 for race and religion? o Jewish faith and African-Americans

Listing: y Why has crime rate declined? 1. Tougher crime punishment 2. New methods of policing that work 3. More cooperation between departments 4. Sentencing reform nondiscretion 5. Better funding 6. Gun control laws 7. Victims right movement 8. War on drugs 9. Government had more than it spent 10. Demographics

CHAPTER 3: Stare Decisis: let the decision stand

Tort: wrongful act, damage, or injury not involving a breach of contract. A private or civil wrong or injury Hammurabis code: oldest source of codified law or written law Double Jeopardy: you cant be tried for a crime more than twice although there are exceptions Corpus Delicti: refers to the principle that it must be proven that a crime has occurred before a person can be convicted of committing the crime Listing: -Conditions/exceptions to double jeopardy 1. 2. 3. 4. 5. 6. 7. Different jurisdiction Conspiracy Trial error Prosecutor guilty of misconduct Civil cases dont count Same set of facts Point of attachment must be met

CHAPTER 4: Four styles of policing:

o -Watchman maintain order o -Legalistic letter of the law, strict enforcement, no discretion, no real concern for community issues o -Service style policing utilizes community resources, sensitivity to the needs of others they serve, cooperation not confrontation o -Police-community relations police derive their authority from the people that they serve legitimacy to copy combination Knapp Commission: committee that investigated police corruption in New York City in the early 1970s Frank Serpico: undercover operative within the police department revealed complex corruption created by unethical police o Team policing: certain areas assigned to certain officers o Community policing: help out the community and make it better o Strategic policing: police think outside the box o Problem Solving Policing: stop crime before it happens Listing: -Factors involved with police discretion 1. 2. 3. 4. 5. 6. 7. 8. Officers background Police judging someones appearance Officers view of the law Officers lifestyle What are the department guidelines? Pressure from the victim Interest of society Availability of other options

CHAPTER 5: Exclusionary rule: evidence cant be obtained illegally Reasonable expectation of privacy: a legal test, which is crucial in defining the scope of the applicability of the privacy protections of the Fourth Amendment to the United States Constitution Writ of Certiorari: person appeals case of courts Fruit of the poisonous tree doctrine: a legal metaphor in the United States used to describe evidence gathered with the aid of information obtained illegally 4th amendment: right to privacy Cases: Week vs. U.S.: federal courts have to follow the exclusionary rule Mapp vs. Ohio: Supreme Court case that says states have to live with the exclusionary rule. Terry vs. Ohio: Terrys stop stop and frisk, pat down a person. U.S. vs. Leon: good faith exception; not trying to do anything illegal; honest mistake Harris vs. U.S.: plain view doctrine; police sees or smells something fishy he can search without warrant. Listing: -Exceptions to a search warrant 1. 2. 3. 4. 5. Exigent circumstances Hot pursuit Plain view doctrine Good faith exception Terry stop

6. 7. 8. 9.

Consent Search pursuant to a lawful arrest Vehicle searches Airports/boarders

10. Public safety exception

CHAPTER 6: Grass eaters: low level corruption Meat eaters: high level corruption Cases: Tennessee vs. Garner: police could use deadly force in case of immediate threat Graham vs. Conner: if there is no necessity of deadly force police shouldnt use it CHAPTER 7: Trial De Novo: usually ordered by an appellate court when the original trial failed to make a determination in a manner dictated by law Third party custody release: the pretrial release of a defendant without bail upon outsiders opinion Sequestering: a procedure of isolating different types of physical processes or different particle species by separating them geometrically in additional dimensions of space Preventative detention: concerns imprisonment either without justification (the prisoner is not told the grounds for the arrest) or waiting for trial John Marshall: chief justice who was faced in a situation of loyalty vs. practicality Personal recognizance: the pretrial release of a defendant without bail, upon his or her promise to return to court. Thomas Jefferson: American president who is one of the most influential Founding Fathers for his promotion of the ideals of republicanism in the United States.

Cases: Marbury vs. Madison: it formed the basis for the exercise of judicial review in the United States under Article III of the Constitution. U.S. vs. Hazzard: bail is denied; preventative detention. Listing: -Characteristics of grand juries: 1. 2. 3. 4. 5. 6. 7. 23 or 24 people average Decides whether to indite or not to indite Ran by the prosecutor Meet once a week for a year Held in secret Majority rules the decision Person is not present during trial

CHAPTER 8 Missouri Plan: a judge will be appointed then be elected for its spot Subpoena: A writ requiring appearance in court to give testimony. Responsibilities of bailiff: 1. 2. 3. 4. Court room security Supervising the jury Call witnesses Announces the judge & jury

Responsibilities of clerk of the court: 1. In charge of the jury pool

2. 3. 4. 5. Cases:

Issuing summons for people to be in the jury Subpoena witnesses Mark evidence In charge of all court records

In Re Gault: juvenile case- kids have the right to an attorney U.S vs. Bagley: prosecutor must turn over all relevant information evidence; motion of discovery Listing: -Pretrial motions 1. 2. 3. 4. 5. 6. Discovery Change venue Suppress evidence Dismiss Continuance Sever

CHAPTER 9 Aggravating circumstances: making it worse Mitigating circumstances: makes things better

Gain time: being productive to take time off your sentencing Good time: behave (get off early when doing good) Mandatory sentencing: must serve minimum for sentence of crime Equity: every person should be punished equally Proportionality: penalty must be in proportion to crime.

Cases: Coker vs. Georgia: unless you take someones life, they cant take yours Furman vs. Georgia: cruel to execute one group & not the other Roper vs. Simmons: if a person was under 18 you cannot give them capital punishment Gregg vs. Georgia: S.C. said if you have death row you have to have 2 parts to the trial: jail & sentencing Listing: -Goals of sentencing 1. 2. 3. 4. 5. Retribution just desert (pay back; you get what you deserved) Incapacitation if you are behind bars you cant commit a crime you only hurt yourself Deterrence punish to teach a lesson to those thinking of committing the same crime Rehabilitation make those in prison better people (change them) Restoration reconstruct the victim to where they were before they were victimized.

CHAPTER 10: Revocation: if parole/probation is revoked it is take away from you which means you go to prison and serve the max time for your crime Intensive probation supervision: at least 5 face-to-face contacts with parole officer a week Shock incarceration: Shock incarceration: young first time offenders go to a boot camp like facility. Shock probation: put you behind bars and then take you out without telling you (as a surprise).

Stats: -Parole violation: 45% success rate 25% revoked -4 million on probation Listing: -Roles of probation/parole officers 1. 2. 3. Pre-sentence investigation reports Involved in the intake procedure Diagnose needs of their clients

4.

Client supervision

CHAPTER 11: Rated capacity: overcrowding according to experts Operational capacity: overcrowding according to management Design capacity: overcrowding according to original plans Stats: 87% of prisoners are male 13% of prisoners are female 68% of prisoners dont have a high school diplomas 50% of prisoners are illiterate & drug dependent 33% of prisoners have a mood disorder

Listing: -Why the increase in prison population? 1. 2. 3. 4. Get tough policy & the justice model Violent crime increase Funding was available for expansion Unemployment rate

5. 6. 7. 8.

Minority population rates Welfare assistance declined Conservative political movement No parole in federal system -Who populates U.S. jails today?

1. 2. 3. 4. 5. 6. 7.

Those in pre-trial or trial proceedings Parole/probation violators Those awaiting transfer to other facilities (juvenile/mental facilities) Serving short term sentences under a year (misdemeanors) Transferred from overcrowded prisons Community based programs (drug testing) Protective custody, contempt or court witnesses

CHAPTER 12: Total institution: total control of your life Prisonization: when you adapt to prison life Profile of women offenders: o Disproportionately women of color o In their early to middle 30s o Most likely to have been convicted of a drug-related offense

o From fragmented families that include other family members who also have been involved with the criminal justice system o Survivors of physical and/or sexual abuse as children and adults o Individuals with significant substance abuse problems o Individuals with multiple physical and mental health problems o Unmarried mothers of minor children o Individuals with a high school or general equivalency diploma (GED) but limited vocational training and sporadic work histories

Listing: -Types of inmates 1. 2. 3. 4. 5. 6. 7. 8. 9. Mean dude violent; dangerous; likes to start fights Opportunist profit from life behind bars Hedonist live for today! Learn; benefit from prison and not worry about the future Retreatist suffer mentally; cant handle prison life and fall into bad peer pressure Legalistic lawyer of the jail Radical not popular (political prisoners) victim Colonizer make prison their home away from home Religious find God in prison Realist adjust to prison life; accept it

10. -Gang banger gang becomes their protection -Basic rights of prisoners

1. 2. 3. 4. 5. 6. 7.

Communication & visitation Religious freedom Access to courts & legal assistance Medical care Protection from harm Privacy Fair hearing of grievances & protection against unfair, excessive, cruel & degrading punishment

CHAPTER 13: Intake: similar to the arrest and booking in the adult prison intake; the juvenile petition and waiver is presented here. Adjudicatory hearing: is similar to the trial of the adult hearing; decision is made whether or not the juvenile is a delinquent or not; whether be tried as an adult or not. Disposition hearing: sentencing of the juvenile hearing. Characteristics of juveniles in confinement: -Over 1.5 million juvenile arrested annually -Violent juvenile crime is down -Juvenile offending at younger ages -Female delinquency rate is increasing sharply

-Overcrowding a serious problem -Minorities greatly over represented -1.1 % of those for murder Parens Patriae: if parents will not take care of child; state does. In Re Gault: juveniles have right to public defenders. Kent v. U.S.: petitioner was arrested at the age of 16 in connection with charges of housebreaking, robbery and rape. Breed v. Jones: double jeopardy; tried as an adult and then a juvenile. 4th Amendment: right to privacy