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system that is not systematic
there is a lack of joint planning and budgeting, or even systematic consultation, among the various agencies responsible for criminal justice
"an eye for an eye", a primitive system of vengeance, emerged and was passed dow from generation to generation to each family, tribe, or society sought to preserve its own existence without recourse to a written code of laws
is an outgrowth of the european enlightenment period of the 18th century(the "age of reasoning") whose adherents rejected spiritualism and religious explanations for criminal behavior
the social contract
a mythical state of affairs wherein each person agrees to a pact, the basic stipulation of which is that, all men being created equal, conditions of law are the same for all
biblical origins(Deuteronomy)- holds that every person has the ability to distinguish and choose between right and wrong, between being law abiding and criminal; in other words, behavior that violates the law is a rational choice made by a person with free will
a construct stressing the lack of choice, particularly the belief that one's behavior is "determined" by physiological or environmental variables, devoid of mens rea
maintains the basic belief in
free will while paving the way for the entry of mitigation (and
subsequently aggravation) into criminal justice by considering three
1)past criminal record
2)insanity and retardation
formulated by Auguste Comte- refers to the method of examining and understanding social behavior. the positivist approach to crime became known as criminology
theory of natural selection supplied the conceptual ammunition for an ideology (later labeled social darwinism) that allayed the qualms of the rich about not helping the poor by telling them the latter's suffering were an inevitable price for societal advancement that could occur only through the struggle for existence ending in the survival of the fittest
reasonable grounds for suspicion supported by facts and circumstances sufficiently strong in themselves to lead a reasonably cautious person to believe that a person is guilty of a particular crime. it is also the level of evidence to initiate a probation or parole violation
a wrongful act or deed, refers to the need to prove that a violation of the criminal law- a crime- actually occurred. consists of a description of the criminal behavior and evidence that the accused acted accordingly.
when the state reimburses the county for offenders placed on probation instead of being sentenced to a state prison. serves as an encouragement to grant probation
allows for determination of the risk posed by a defendant of failing to return to court or being arrested for a new crime, while promoting a fundamental concept of American Justice, equality, that is treating similar defendants similarly. actuarial-type instruments that rate defendants according to criminal history, education, and employment record, family and marital history, companions,alcohol and drug problems, emotional and personal attributes, and attitude or orientation(e.g. supportive of crime and unfavorable toward convention)
presentence investigation report
a document submitted by a probation department to a judge containing information about the offender on which the judge can base his or her sentencing decision
victim impact statement (VIS)
the part of a pre sentence report that addresses the harm to the victim
limit the judge's sentencing discretion in order to promote sentencing equality
identify and define the contradictory goals and competing expectations of American criminal justice
1)protect society while ensuring rights
2)deter offenders without spending a lot of money
what are some of the reasons why most convicted offenders are not imprisoned?
high cost of imprisonment, overcrowding of prisons, understaffing of prisons
What may be the result of reducing prison populations by keeping out or releasing early "nonviolent offenders"?
discuss why the system of criminal justice in the US is not systematic
police receive a majority of the budget & arrest more people than the rest of the system can handle
explain how the criminal law and its enforcement reflect distinctions in power. How are resources allocated between criminal justice agencies?
those with power are not often defined as a criminal
police receive about 42% of budget
courts receive about 22% of budget
corrections receive about 29% of budget
define and distinguish the classical view from the positive view of crime and criminal behavior
classical view- free will, choice, punishment & deterrence
positivist view- determination, cause, treatment & incarceration(focus on the criminal not the crime)
identify and describe the ways that probation may be administered. what are the advantages of probation being administered at the state versus county level?
describe the early history of probation and probation officers. Identify who is credited with founding probation
John Augustus is the "Father of Probation"
Established probation in 1841 in Boston
First state to issue a statute issuing probation was New York in 1901
Federal probation was created in 1925
identify and describe the advantages and disadvantages of probation being in the judicial branch versus the executive branch
discuss conditions of probation. what are the specific and general conditions? be familiar with examples of each. why do specific conditions differ between individual offenders?
describe the over the most appropriate agency for providing pretrial supervision
discuss the PSI. what are the four primary purposes of the PSI report? what information should be included? how is information collected? how is the information used?
1)help the court make the appropriate sentencing decision
2)serve as the basis for a plan of probation or parole supervision and treatment indicates problem areas of defendant's life
3) assist jail and prison personnel
4)provides parole authorities with information pertinent to release planning and consideration for parole