Criminal Justice Conclusion – Flashcards with Answers
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the prosecutor
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has the authority to decide what charges will be filed at the time of arraigment
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arraigment
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criminal justice process is the defendant asked to enter a formal plea of either guilty or not guilty to the charges
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grand jury
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panel of citizens hears evidence from a prosecutor to determine if a defendant should be brought to trial
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enforce specific roles, investigate specific crimes, search people, vicinities and buildings, arrest or detain people
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roles of the police
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roper v. simmons
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landmark case which abolished capital punishment for juveniles
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adjudication
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the guilt of the defendant is determined through trail, plea bargaining, or dismissal of charges is done
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Salem witch trails
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evidence to that the american colonists believed in evil spirits, supernatural explanations, and used the judicial process to rid the colonies of so-called satanic influences
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theories
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an attempt to define and explain factors that predict behavior under certain conditions
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classical theories
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theories that share the assumption of free will and rational choice
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cesare lombroso's theory
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theory of the "criminal man" was the first important positivist theory to emerge
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early biological theories
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emphasized that a person's criminal nature was inherited characteristics
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shaw and mckay
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chicago experienced unemployment problems, poor schools and substandard housing during the early part of the 20th century, hence criminal behavior could be expected in these zones
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edwin sutherland
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the differential association theory believes that criminal behavior is learned through association with peer group that engages in criminal behavior
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reaction formation
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lower class youth who rejected middle-class values that they cannot achieve and create their own counterculture
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labeling theory
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concept of protecting the identity of juveniles charged with delinquency is rooted from which theory of criminology
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biology, psychology, sociology
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variables to criminologists think influence criminal behavior
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international association of police
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first published national crime report was published by
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rape, murder, burglary
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these are considered a part 1 offense
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fbi
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agency is responsible for compiling the data for the ucr
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unreported crime
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dark figure of crime statistics
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bureau of justice statistics
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method of gathering data promotes itself as "the united states" primary source for criminal justice statistics
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12-24
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age group that has the highest rate of victimization
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victimology
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study of victims and their patterns of victimization
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lifestyle theory
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theory explains personal victimization as an outgrowth of a victim's high-risk behavior patterns and association
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victims's rights movement
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movement grew out of the dissatisfaction of victims with the passive role, neglect, and minimization of harm they suffer
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3.5 seconds
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is a property crime that occurs according to the 2010 crime clock statistics
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mal prohibita
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parking violation or underage drinking
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ex post facto laws
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limit of the law protects a person from being punished for an action committed before such a law existed
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void for vagueness
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law must provide clear and specific language to define a prohibited behavior, if they do not, they may be considered
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victim of the crime
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model penal code classifies crime
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scheme
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not a category of inchoate offenses
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attempt
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incomplete criminal act that is the closest act to completion of a crime
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it could be a defense in certain sporting events that might result in an opponent's death
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following statements is accurate in regard to the consent defense
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entrapment
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mr. smith claims an undercover police officer supplied him with a gun and drove him to a bank encouraging him to rob it
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self-defense
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mrs. johnson shot and killed a man who was trying to break into her house. the legal basis for her defending herself from a home invasion
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manslaughter
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charges would most likely surround a vehicular homicide as a result of drunk driving
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public prayer
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was not a focus of the westminster watch act of 1774
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jurisdiction
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geographic limitations of responsibility for a municipal police department
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plessy v. ferguson
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"separate but equal" doctrine was established when the u.s. supreme court ruled
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90%
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percentage of municipal police departments employ fewer than 50 officers
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sheriff's office
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the oldest policing authority in the united states
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providing security at airports
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not a major responsibility for a sheriff's department
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municipal police
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an enforcement agency is the most local and visible with over 12,000 departments
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investigating counterfeiting and currency ciolation
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the initial responsibility for the u.s secret service
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taxing laws
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the earliest duties of the bureau of alcohol, tobacco, and firearms were related to the need to enforce
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central intelligence agency
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federal agency that can only perform administrative operation and not law enforcement operations on american soil
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exclusionary rule
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evidence that is illegally collected in a criminal case will be declared inadmissible
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rules of evidence
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rule stipulates the requirements for introducing evidence and defines the qualification of an expert witness and the nature of the testimony he or she may give
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extented the exclusionary rule to evidence obtained indirectly
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the fruit of the poisoned tree doctrine
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fourth amendment
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amendment that requires that evidence must be obtained by police with the use of a valid search warrant issued by a judge or searches may be based on probable cause
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harris v. united states
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federal case ruled that evidence in the plain view of a police officer is admissible in criminal court
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illinois v. caballes
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united states supreme court case extended the powers of the police to search vehicles for drugs with a trained dog without the need for any particular reason to suspect a narcotics violation
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wolf v. colorado
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u.s. supreme court case required states to enact procedure to protect citizens from abusive searches
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4th amendment
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right to be secure from unreasonable searches by police is found under the amendment in the bill of rights
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plain-view search
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a police officer can gather evidence without a warrant when it is clearly visible
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terry v. ohio
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pat-down search was established
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the pat-down allows officers to reach deep into the pant pockets of a suspect to look for drugs
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statement is inaccurate regarding the pat-down search
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public safety exception
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the right of the police to search without probable cause when failure to do so threatens the public
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civil trials, criminal trials, administrative trials
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federal court system is responsible for the enforcement of federal codes
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11th amendment
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amendment to the constitution restricted the jurisdiction of the federal courts by declaring that a private citizen from one state cannot sue the government of another state in federal court
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tort
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a private wrong that causes a harm to another
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u.s. magistrates court
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federal lower court whose powers are limited to trying lesser misdemeanors, setting bail, and assisting district courts in various legal matters
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u.s. district court
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trial courts of the federal system
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circuit court
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court that holds sessions in various locations within its jurisdiction
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landmark cases
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u.s. supreme court cases that determine how the constitution is to be interpreted
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brief
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a concise statement of the substantial issue that needs to be decided in a case
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certiorari power
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power of the supreme court to choose what cases it will hear
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remanded
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the decision of a court is reversed by a higher court and the case is returned to the court of original jurisdiction with instructions to correct the judicial error
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double jeopardy
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trying someone twice for the same offense
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5th amendment
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amendment to the constitution prohibits trying someone twice for the same crime
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state courts of general jurisdiction
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most felony trials are held
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10%
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a bail bondsman's fee is usually this percentage of the set bail
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signature bond
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bond bases release on the defendant's signature with a promise to return for trial
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cash bond
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bond that is released based on the defendant's promise to pay the court an amount similar to a cash bail bond if he fails to fulfill a promise to return for trial
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the court docket
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calendar on which court cases are scheduled for trial
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time between arrest and trial
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right to a speedy trial
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not a set number
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the constitution requires this many jurors
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indigent defense
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defense counsel for a defendant who cannot afford a private attorney
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bodily pain
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corporal punishment
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revenge
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is not one of the contemporary philosophies regarding the purpose of punishment
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incapacitation
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the principle that the only way to prevent a criminal from re-offending is to remove them from society
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banishment
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one of the historically oldest forms of punishment that removed an offender from society, with the understanding that if they returned they would be put to death
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rehabilitation
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the premise that a criminal can be "cured" of their criminality and returned to society
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a civil commitment examination
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the insanity defense reform act 1984 requires a defendant in federal court found not guilty by reason of insanity
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presentence investigation
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a convicted offender's background, attitude and circumstances surrounding the offense are summarized for the judge by a probation officer prior to sentencing
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victim impact statements
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comments made by an injured party at an offender's sentencing hearing
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indeterminate sentencing
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sentencing model gives judges nearly complete discretion in sentencing an offender
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three strikes laws
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mandatory sentencing that gives repeat offenders longer prison terms
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quakers
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the Philadelphia society to alleviate the miseries of public prisons
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Philadelphia
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the city where the walnut street jail was built
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prison farm system
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in southern prison systems, the practice of using inmate labor to maintain profit making plantations
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auburn
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early prison system that became a prototype model for future american prisons
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doubled
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since 1983 the jail population in our nation
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sheriff
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usually has the responsibility for operating the county jail
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convicted felons
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offender is typically housed in a state operated prison
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de-institutionalization
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movement of mentally ill offenders from hospitalization to community-based care
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diversion
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defendant that is offered an alternative to criminal trial and a possible prison sentence
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suspended sentence
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anther term used to denote probation
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probation
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conditional release of convicted offender before he or she serve any time in prison
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john augustus
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initiated a process in boston's municipal courtroom, which later became known as probation
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sentence to be imposed by the judge
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is not one of the five parts of the federal pretrial sentencing report
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1,000$
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percentage of adults successfully complete probation
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65%
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percentage of adults successfully complete probation
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be active in church of the probationer's choosing
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not one of the standard conditions for probation
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technical violation
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imprisonment for violating a condition of probation
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alexander maconochie
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is responsible for the mark system, a forerunner of the parole system
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22%
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percentage of parolees who do not successfully complete parole and are returned to prison
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parole board
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responsible for deciding whether an inmate is to receive early release
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law enforcement officer, social worker, community resource broker
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are roles of parole officers
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community-based corrections
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treatment programs designed to support the transition of offenders from prison back into the community
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quality of life
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prisoners who fail to reenter a community as a law-abiding citizen impact the community
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home confinement and electronic monitoring
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is a community-based intermediate sanction
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split sentencing
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a sanction that would place a person in jail for a short time and then bring them back to court to consider a probationary period
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electronic monitoring
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an advancement in home confinement that ensures compliance through electronic means
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finding gainful employment
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is considered the most difficult issue facing an ex-offender upon his or her return to society
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under the influence of one or more illicit drug
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drug use forecasting data indicated that a majority of people at the time of the arrest
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failing to stem the tide of prisoners returning to jail after release
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traditional incarceration, probation and parole
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more emphasis on offender compliance
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intensive probation supervision focuses on smaller case loads
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a transition program moving from prison back to the community is steps
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halfway houses
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significant community opposition
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is what halfway houses typically face
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stop revolving door syndrome
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is what drug courts seek
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successfully reducing recidivism
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in contrast to the traditional adjudication process, drug court programs
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seven
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in colonial america, the age one could be found able to form mens rea
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the juvenile was mentally ill
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is not considered a situation in which the juvenile court would assume authority over a juvenile
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burglary
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is not an example of a status offense
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kent vs. united states
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established criteria for transferring juvenile offenders into adult court
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breed vs. jones
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case that determined that juvenile cannot be tried in both juvenile and adult courts for the same offense
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mckeiver vs. pennsylvania
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case that established that juveniles do not have a constitutional right to a jury trial
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5th and 6th grade
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the DARE program targeted this age group
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school shooter
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bullying has been identified as a common factor
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juvenile courts
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has been a 300% increase the past 10 years in school-based incidents
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sexually abused at home
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what many female youth gang members go through
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hybrid gangs
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new type of youth gang that are school based and less organized in criminal activity
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death penalty
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is the sanction that cannot be given by juvenile court
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random acts of violence on noncombatants
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terrorist tactics
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al-qaeda
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is not a type of domestic terrorism
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national effort to prevent terrorist attacks
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homeland security
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share intelligence
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what the fbi and cia did not do before 9/11
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improve capacity, communication, and cooperation
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the federal government and first responders have taken action
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merge and analyze terrorist related information
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is the mission of terrorist threat integration center
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joint local-federal counter-terrorism task force
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is to counter the threat of terrorist attacks some larger police departments have turned
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u.s department of treasury, department of agriculture, and department of energy
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federal agencies that are part of the department of homeland security
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no-fly list
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is a secret list maintained by dhs that prohibits certain people from flying a commercial airplane
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state-sponsored terrorism
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are countries such as iran, sudan, libya, and north korea
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searches without delay notification
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is what the USA patriot act allows domestic law enforcement agencies to do
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rendition
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is the illegal transportation of a person to a foreign country for the purpose of having officials of that country interrogate the person using torture or practices not permitted in the united states
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