Mid Term Corrections – Flashcards
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Describe the range of purposes served by the corrections system
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Corrections is a means of social control. It holds people accused of crime; carries out criminal sentences imposed by courts, including both confinement and community supervision; and provides services for rehabilitation
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McMartin Case
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Case in which family was falsely accused of child molestation, in the end 7 years and 15 million dollars later, and there were no convictions
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Name the various components of the corrections system today and describe their functions
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Corrections consists of many subunits. There are both state and federal corrections systems. Institutional corrections: prisons and jails and these confine people who have been sentenced by the courts or are awaiting trial in jail. Community corrections: supervises people who are either awaiting trial or have been sentenced by the courts but are living in the community. Private organizations: provide various services to people under correctional authority
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What are five key issues facing corrections today
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1. Conflicting goals 2. Obtaining adequate funding 3. Making correctional services more effective 4. Coordinating correctional activity across different agencies 5. Dealing with correctional uncertainty
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Discuss what we can learn from the "great experiment of social control"
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The growth in the corrections system has resulted mostly from deliberate policies that increase the severity of sentences. Changes in crime rates have had little effect on the growth
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AB 109
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shifted the responsibility of convicting low risk offenders from the state to the counties. Also known as prison realignment. Let people out of prison, changed the 3 strikes law, parolees have to go back through the court system if they convict another crime, and now causes the county jails to be overcrowded
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federalism
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a system of government in which power and responsibilities are divided between a national government and state governments
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jail
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a facility authorized to hold pretrial detainees and sentenced misdemeanants for periods larger than 48 hours. Most jails are administered by county governments; sometimes they are part of the state government
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prison
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an institution for the incarceration of people convicted of serious crimes, usually felonies
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social control
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actions and practices of individuals and institutions, designed to induce conformity with the rules and norms of society
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NIMBY
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Not in my back yard
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"flying a kite"
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sending a letter slang in prison
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Understand the major forms of punishment from the Middle Ages to the American Revolution
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From the Middle Ages to the American Revolution, corrections consisted of slavery, imprisonment, transportation, corporal punishment, and death
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Discuss the Age of Reason and how it affected corrections
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In the latter part of the 18th century, the Enlightenment (Age of Reason) brought changes in penal policy. Rather than stressing physical punishment of the offender, influential thinkers sought methods for reforming offenders. The reforms were first proposed in Europe and later fully developed in America.
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Understand the contribution of Cesare Beccaria and the classical school
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Beccaria applied the rationalist philosophy of the Enlightenment, with its emphasis on individual rights, to the practices of the criminal justice system. Beccaria set forth six principles on which his reforms were based. These principles set the foundation for the classical school of criminology.
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Explain the contribution of Jeremy Bentham and the utilitarians
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Best known for his utilitarian theories, often called his "hedonistic calculus," Bentham claimed that one could categorize all human actions. His idea of utilitarianism proposed that the aim of all actions was the "greatest happiness for the greatest number." Criminals were somewhat childlike or unbalanced, lacking the self discipline to control passions
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Discuss the work of John Howard and its influence on correctional reform
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Howard investigated conditions in European prisons and jails. He was shocked by what he found in English correctional facilities. He rallied legislative interest in reform and was a major proponent of the penitentiary. Parliament passed the Penitentiary Act of 1779 based on Howard's principles: 1. Secure and sanitary structure 2. Systematic inspections 3. Abolition of fees 4. Reformatory regimen
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benefit of clergy
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the right to be tried in an ecclesiastical court where punishments were less severe than those meted out by civil courts, given the religious focus on penance and salvation
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classical criminology
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a school of criminology that views behavior as stemming from free will, that demands responsibility and accountability of all perpetrators, and that stresses the need for punishments severe enough to deter others
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corporal punishment
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punishment inflicted on the offender's body with whips or other devices that cause pain
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Enlightenment (Age of Reason)
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the 1700s in England and France, when concepts of liberalism, rationality, equality, and individualism dominated social and political thinking
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galley slavery
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forced rowing of large ships or galleys
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house of correction
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detention facility that combined the major elements of a workhouse, poor house, and penal industry by both disciplining inmates and setting them to work
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hulks
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abandoned ships that the english converted to hold convicts during a period of prison crowding between 1776 and 1790
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lex talionis
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an eye for an eye: punishment should correspond with the crime
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secular law
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law of civil society as distinguished from church law
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utilitarianism
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the doctrine that the aim of all action should be the greatest possible balance of pleasure over pain, hence the belief that a punishment inflicted on an offender must achieve enough good to outweigh the pain inflicted
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wergild
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"man money" money paid to relatives of a murdered person or to the victim of a crime to compensate them and to prevent blood feud
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Describe "The Great Law" of Pennsylvania and note its importance
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With the arrival in 1682 of William Penn, Pennsylvania adopted "The Great Law" which was based on Quaker principles and emphasized hard labor in a house of correction as punishment for most crimes. Death was reserved for premeditated murder
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Distinguish the basic assumptions of the penitentiary systems of Pennsylvania and New York
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The penitentiary ideal, first incorporated in Pennsylvania, emphasized the concept of separate confinement. Inmates were held in isolation, spending their time at craft work and considering their transgressions. In the New York congregate system, inmates were held in isolation but worked together during the day under a rule of silence
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Discuss the elements of the Cincinnati Declaration
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A Declaration of Principles was adopted at the 1870 meeting of the National Prison Association, held in Cincinnati. The declaration stated that prisons should be organized to encourage reformation, rewarding it with release. It advocated indeterminate sentences and the classification of prisoners based on character and improvement. The reformers viewed the penitentiary practices of the 19th century as debasing, humiliating, and destructive of inmates' initiative
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Understand the reforms advocated by the Progressives
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The Progressives looked to social, economic, biological, and psychological rather than religious or moral explanations for the causes of crime. They advocated the development of probation, indeterminate sentences, treatment programs, and parole
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Discuss the assumptions of the medical model regarding the nature of criminal behavior and its correction
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Beginning in the 1930s, reformers put forward the medical model of corrections, which viewed criminal behavior as caused by psychological or biological deficiencies. They held that corrections should diagnose and treat these deficiencies using a variety of programs and therapies. When "well" offender should be released
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Illustrate how the community model reflected the social and political values of the 1960s and 1970s
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during the 1960s and 1970s, dissatisfaction with the medical model led to the development of community corrections. Influenced by the civil rights movement, protests against the Vietnam War, and the war on poverty, reformers held that prisons were to be avoided because they were artificial institutions that interfered with the offender's ability to develop a crime free lifestyle. Offenders should instead reeve opportunities for success in the community and corrections should emphasize the rebuilding of an offender's ties to the community
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Describe the forces and events that led to the present crime control model
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The rise of crime in the late 1960s and questions about the effectiveness of rehabilitative programs brought pressure to shift to a crime control model of corrections, with greater use of incarceration and other forms or strict supervision
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community corrections
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a model of corrections based on the assumption that reintegrating the offender into the community should be the goal of the criminal justice system
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congregate system
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a penitentiary system developed in Auburn, New York in which inmates were held in isolation at night but worked with other prisoners during the day under a rule of silence
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contract labor system
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a system under which inmates' labor was sold on a contractual basis to private employers that provided the machinery and raw materials with which inmates made salable products in the institution
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crime control model of corrections
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a model of corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision
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lease system
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a system under which inmates were released to contractors who provided prisoners with food and clothing in exchange for their labor. In southern states the prisoners were used as field laborers
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mark system
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a system in which offenders are assessed a certain number of marks, based on the severity of their crime, at the time of sentencing. Prisoners could reduce their term and gain release by reducing marks through labor, good behavior, and educational achievement
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medical model
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a model of corrections based on the assumption that criminal behavior is cause by social, psychological, or biological deficiencies that require treatment
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penitentiary
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an institution intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation
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positivist school
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an approach to criminology and other social sciences based on the assumption that human behavior is a product of biological, economic, psychological, and social factors and that the scientific method can be applied to ascertain the causes of individual behavior
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reformatory
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an institution for young offenders that emphasized training, a mark system of classification, indeterminate sentencing, and parole
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separate confinement
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a penitentiary system developed in Pennsylvania in which each inmate was held in isolation from other inmates with all activities, including craft work, carried on in the cells
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Understand the goals of therapy
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In the United States, criminal sanctions have four goals: Retribution, Deterrence, Incapacitation, and Rehabilitation
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Be familiar with the different forms of the criminal sanction
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Four forms of criminal sanctions are used in the United States: incarceration, intermediate sanctions, probation, and death
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Intermediate sanctions
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penalties that are more severe than probation but less severe than incarceration
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Probation
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is a sentence that the offender serves in the community
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Explain how different factors affect the sentencing process
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Several factors influence the sentencing process. The administrative context of the courts plays a role in the sentencing. Misdemeanor courts run like an assembly line. Because judges hear a large number of cases on a daily basis, they allocate minimal time to each case. In felony courts the crimes are more serious, and the proceedings are more formal. Second, sentencing decision depend on judges' values and attitudes about the offender's blameworthiness, which includes: the severity of the offense, the offender's criminal history, etc. Third, the pre sentence report which is usually prepared by a probation officer, provides background information about the offender which helps the judge decide what the sentence will be. Finally, sentencing guidelines give judges a range and idea about what happened in previous cases.
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determinate sentence
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a fixed period of incarceration imposed by a court; it is associated with the concept of retribution or deserved punishment
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general deterrence
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punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses by others.
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good time
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a reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational, and treatment programs
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incapacitation
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depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison
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indeterminate sentencing
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a period of incarceration with minimum and maximum terms stipulated so that parole eligibility depends on the time necessary for treatment; it is closely associated with the rehabilitation concept
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mandatory sentence
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a sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of background or circumstances
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presentence report
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report prepared by a probation officer, who investigates a convicted offender's background to help the judges select and appropriate sentence
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presumptive sentence
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a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances
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restorative justice
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punishment designed to repair the damage done to the victim and community by an offender's criminal act
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selective incapacitation
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making the best use of expensive and limited prison space by targeting for incarceration those offenders whose incapacity will do the most to reduce crime in society
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retribution
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punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime
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sentencing disparity
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divergence in the lengths and types of sentences imposed for the same crimes or for crimes of comparable seriousness when no reasonable justification can be discerned
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sentencing guidelines
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an instrument developed for judges that indicates the usually sanctions given previously for particular offenses
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shock probation
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a sentence by which the offender is released after a short incarceration and resentenced to probation
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specific deterrence
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punishment inflicted on criminals to discourage them from committing future crimes
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wrongful conviction
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occurs when an innocent person is found guilty by either a plea or a verdict
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Discuss the foundations that support the legal rights of prisoners
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1. Constitutions: list the basic rights of individuals and individuals do not loose these rights when they are incarcerated. However, government interests make it impossible for individuals to keep all their rights due to safety, security, rehabilitation, etc. 2. Statutes: laws passed by elected officials and may provide inmates with specific rights beyond those addressed in the Constitution 3. Case law: refers to the legal rules produced by judges. Prior rulings and guidelines influence judges decisions on similar cases 4. Regulations: rules set by agencies in the executive branch of government. For example, the department of corrections may regulate the types of items inmates are allowed to have in their cell
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Explain the role of the US Supreme Court in interpreting correctional law
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Traditionally, the US Supreme Court maintained a hands-off policy with corrections. Because prisoners were viewed as not having rights, judges did not interfere with prison operations. In the 1960s, however, this policy was abandoned, and the Court issues a series of decisions that broadly outlined the rights of prisoners, including providing inmates with access to federal courts to sue prison officials for denying them basic rights. Today's Court, is comparatively less active in correctional matters, but it occasionally rules on cases to clarify issues in the correctional settings.
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Understand the constitutional rights of prisoners
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The rights of inmates can be summarized in a handful of phrases in four amendments (1,4,8,14) First Amendment allows inmates to have access to reading materials, non censorship of mail, and the freedom to practice their religion. Fourth Amendment provides protection against government intrusion, or unlawful search and seizure. However, most prisoners loose their right to privacy when they enter prison Eighth Amendment protects inmates against cruel and unusual punishment Fourteenth Amendment helps to ensure procedural due process and equal protection for prisoners
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Alternative to litigation
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1. Inmate grievance procedure: inmate files a complaint, prison staff investigates matter, and the investigator makes a decision 2. Ombudsman: an official receives complaints, investigates, and recommends corrective measures 3. Mediation: a third party reviews the matter and makes a decision that is binding on both prison officials and inmates 4. Legal assistance: given by staff attorneys, inmate lawyers, and law school clinics can advise inmates on legal merits of their complaints and assist inmates in framing their complaints in legal terms
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Explain the rights of offenders under community supervision
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Like inmates in correctional facilities, convicted offenders in the community also have rights. But they do not enjoy the same rights as ordinary citizens. Various conditions are placed on parolees, such as limiting their rights to associate with their partners in crime and with victims. In instances where parole supervision is being revoked, offenders possess various due process rights. For example, parolees have the right to know the charges against them, the evidence, to speak on their behavior, to present witnesses, and to confront the witnesses being brought against them. As for the right of counsel, the Supreme Court has ruled that it should be allowed on a case-by-case basis
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How does the law affect correctional personnel?
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Law and regulations define the relationships between prison administrators and their staff. All correctional employees working in public prisons are governed by civil service rules and regulations. Civil service laws set the procedures for hiring, promoting, assigning, disciplining, and firing public employees. Such laws protect employees from arbitrary actions by their supervisors. Workplace rules also develop through collective bargaining agreements between unions and the government. The law also affects the ability for inmates to sue correctional officers under Section 1983. This section provides a means not only for prisoners, but also for probationers and parolees to bring lawsuits against correctional officers. Few of the cases ever make it to trial and very few correctional employees must personally pay financial awards to plaintiffs.
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case law
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legal rules produced by judges' decisions
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civil liability
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responsibility for the provision of monetary or other compensation awarded to a plaintiff in a civil action
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clear and present danger
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any threat to security or to the safety of individuals that is so obvious and compelling that the need to counter it overrides the guarantee of the 1st Amendment
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compelling state interest
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an interest of the state that must take precedence over rights guaranteed by the 1st Amendment
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constitution
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fundamental law contained in a state or federal document that provides a design of government and lists basic rights of individuals
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equal protection
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the constitutional guarantee that the law will be applied equally to all people, without regard to personal characteristics such as: race, gender, or religion
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habeas corpus
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a judicial order asking a person holding another person to produce the prisoner and to give reasons to justify continued confinement
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hands-off policy
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a judicial policy of noninterference concerning the internal administration of prisons
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least restrictive methods
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means of ensuring a legitimate state interest (such as security) that impose fewer limits to prisoners' rights than do alternative means of securing that end
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mediation
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intervention in a dispute by a third party to whom the parties in conflict submit their differences for resolution and whose decision is binding on both parties
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ombudsman
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a public official who investigates complaints against government officials and recommends corrective measures
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precedent
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legal rules created in judges' decisions that serve to guide the decisions of other judges in similar cases
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procedural due process
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the constitutional guarantee that no agent of government will use any procedures other than those procedures prescribed by law to arrest, prosecute, try, or punish any person
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rational basis test
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requires that a regulation provide a reasonable, rational method of advancing legitimate institutional goals
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regulations
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legal rules, usually set by an agency of the executive branch, designed to implement in detail the policies of that agency
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statute
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law created by the people's elected representatives in legislatures
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totality of conditions
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the aggregate of circumstances in a correctional facility that, when considered as a whole, may violate the protections guaranteed by the 8th Amendment, even though such guarantees are not violated by any single condition in the institution
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Understand how the criminal justice system operates as a large selection process to determine who ends up in the corrections system
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It operates as a large offender-selection bureaucracy. At each stage, some defendants are sent on to the next stage,while others are either released or processed under charged conditions. Note that few suspects who are arrested are then prosecuted, tried, and convicted. Some go free because the police decide that a crime has not been committed or the evidence is not sound. The prosecutor may decide that justice would be better served by sending the suspect to a substance abuse clinic. Many defendants will plead guilty, the judge may dismiss charges against others, and the jury may acquit a few defendants. Thus, the criminal justice system is often described as a filtering process or funnel- many cases enter it, but only a few result in conviction and punishment
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Describe some of the main similarities among and differences between the general population and people who end up under correctional authority
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Historical studies of U.S. corrections show that in earlier eras, members of the newest immigrant groups filled the prisons out of proportion to their numbers in the general population. Since the Civil War, African Americans have consistently made up the largest group in southern prisons, but elsewhere the largest group has changed over time: first Germans, Irish, and Italians, and now African Americans and Hispanics. Further, although this idea of ethnic succession is not entirely consistent with recent research, our prisons and jails undeniably hold disproportionate numbers of poor, disadvantaged, and minority citizens
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Identify different types of offenders in the corrections system and the kinds of problems they pose for corrections
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1. Situational Offender 2. Career Criminal 3. Sex Offender 4. Substance Abuser 5. Mentally Ill 6. Mentally Handicapped 7. Offender with HIV/AIDS 8. Elderly 9. Long term prisoners The main issues that differentiate these types of offenders are the risk they represent to the community, their need for special kinds of correctional programming, and distinctions that need to be made among people within each group
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Describe the classification process for people under correctional authority and know why it is important
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Correctional authorities must answer a question about every person under their supervision, "How should this offender be managed?" Broad categories can help portray the nature of offenders , but the programmatic needs of corrections require much narrower and more precise classification systems. Thus you must be able to analyze the offenders potential risk to correctional security and to the community. This is the purpose of classification. In classifying offenders, correctional administrators put them into groups based on the seriousness of their offense, the security risk they pose to the prison, and their treatment needs.
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Understand important problems and limitations in classifying people under correctional authority
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Five main challenges to the classification of correctional clients have been identified: overlap and uncertainty in offender classification, programming, behavioral probabilities, socio political pressures, and distinctions in classification criteria. There are no easy answers to any of these problems, but the success of correctional classification systems depends on minimizing the negative implications of each challenge.
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alcohol abuser
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a person whose use of alcohol is difficult to control, disrupting normal living patters and frequently leading to violations of the law while under the influence of alcohol or in attempting to secure it
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career criminal
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a person who sees crime as a way of earning a living, who has numerous contacts with the criminal justice system over time, and who may view the criminal sanction as a normal part of life
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classification system
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specific sets of objective criteria, such as offense history, previous experience in the justice system, and substance abuse patterns, applied to all inmates to determine an appropriate classification
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deinstitutionalization
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the release of a mental patient from a mental hospital and his or her return to the community
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drug abuser
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a person whose use of illegal chemical substances disrupts normal living patterns to the extent that social problems develop, often leading to criminal behavior
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long term prisoner
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a person who serves a lengthy period in prison, such as 10 years or more, before his or her first release
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mentally handicapped offender
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a person whose limited mental development prevents adjustment to rules of society
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mentally ill offender
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a "disturbed" person whose criminal behavior may be traced to diminished or otherwise abnormal capacity to think or reason, as a result of psychological or neurological disturbance
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sex offender
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a person who has committed a sexual act prohibited by law, such as rape, child molestation, or prostitution, for economic, psychological, or situational reasons
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situational offender
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a person who in a particular set of circumstances has violated the law but who is not given to criminal behavior under normal circumstances and is unlikely to repeat the offense
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Describe the history of the jail and its current function in the criminal justice system
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Jails in the US descend from feudal practices in 12th century England, in which the sheriff caught and held in custody people accused of braking the king's law. English settlers brought these traditions and institutions with them to the American colonies. Today, jails are the entryway into the criminal justice system and place of confinement for less-serious law violators
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Describe who is in jail and why they are there
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There are two kinds of people in jail 1. Those awaiting trial 2. Those serving less than 1 year Jails house mostly young men, particularly young men of color. The majority of those in jail are serving sentences for crimes with the remainder awaiting adjudication charges.
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Discuss the kinds of jails in the US
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Police lockups (smallest jail) County government jails Municipal jails under large city authority Regional jails serve multiple city and county governments
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List the main issues facing jails today
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Jails struggle with the need to provide services to people who are awaiting trial, in part because their stay may be short and they are also not yet convicted of any crimes. Jails also face issues affecting detainees, especially mental health problems, substance abuse, medical problems, and legal needs
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Outline the problem of bail and list the main alternatives to bail
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Being held in bail is damaging to a defendant's life circumstances, as well as being detrimental to his or her chances at trial and sentence. Financial bail systems discriminate against the poor, who constitute the vast majority of jail detainees. Bail alternatives, such as release on recognizance and pretrial diversion, apply to only a portion of those awaiting trial
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Outline the problem of jail administration
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Jail administrators are legally liable for their treatment of people incarcerated in their facility. They must meet certain written standards, even if their facility lacks sufficient finds to meet them.Because jails often pay their employees less than do other justice related institutions, recruiting and retaining high quality personnel remains difficult. Finally, jail crowding and outmoded jail facilities make maintaining good programs extremely difficult
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Describe new developments in jails and jail programs
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to deal with problems of jails, there has been a recent movement to increase the use of the new generation jail, in which jail detainees are kept in podular units instead of cells and security is maintained by direct-supervision methods. Another new idea is to implement the community model of jails
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Critically assess the future of the jail
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Although jails are an expensive part of local government budgets, they are widely neglected by scholars and officials, and the public knows little about them. The prospects of jails are looking up, though, owing to extensive efforts to renovate old jails and build new ones, and to design these replacements in ways that offer better service and improved security
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absconders
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people who fail to appear for a court date and have no legitimate reason
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bail
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an amount of money, specified by a judge, to be pasted as a condition for pretrial release to ensure appearance of the accused at trial
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bondsman
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an independent business person who produces bail money for a fee, usually 5-10 percent of the total bail amount
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community model for jails
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an innovative model for jail administration that promotes a sense of community among staff and inmates alike, while using community to promote rehabilitation
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day reporting center
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a facility where offenders such as pretrial releasees and probation violators attend day long intervention and treatment sessions
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direct supervision
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a method of correctional supervision in which staff members have direct physical interaction with inmates throughout the day
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electronic monitoring
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community supervision technique, ordinarily combined with home confinement, that uses electronic devices to maintain surveillance on offenders
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fee system
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a system by which jail operations are funded by a set amount paid each day per prisoner held
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lockup
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a facility authorized to hold people before court appearances for up to 48 hours. Most lockups (also called drunk tanks or holding tanks) are administered by local police agencies
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new-generation jail
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a facility with a podular architectural design and management policies that emphasize interaction of inmates and staff and provision of services
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podular unit
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self contained living area for 12-25 inmates composed of individual cells for privacy and open areas for social interaction. New generation jails are made up of two or more pods
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pretrial diversion
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an alternative to adjudication in which the defendant agrees to conditions set by the prosecutor (counseling/rehabilitation) in exchange for withdrawal of charges
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preventive detention
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detention of an accused person in jail to protect the community from crimes that the accused is considered likely to commit if set free pending trial
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regional jail
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a facility operated under a joint agreement between two or more government units, with a jail board drawn from representatives of the participating jurisdictions, and having varying authority over policy, budget, operations, and personnel
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release on recognizance
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pretrial release because the judge believes the defendant's ties in the community are sufficient to guarantee the defendant's appearance in court
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therapeutic justice
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a philosophy of reorienting the jail experience from being mostly punitive to being more rehabilitative
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widening the net
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increasing the scope of corrections by applying a diversion program to people charged with offenses less serious than those of the people the program was originally intended to serve
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Ruiz v Estelle
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Conditions of confinement in the Texas prison system are unconstitutional
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Estelle v Gamble
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Deliberate indifference to serious medical needs for prisoners constitutes unnecessary infliction of pain, and violates the 8th Amendment
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Rhodes v Chapman
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double celling and crowding of prison does not necessarily constitute cruel and unusual punishment. There must be evidence of unnecessary infliction of pain or gross disproportion to the severity of crime warranting imprisonment
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Whitley v Albers
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an innocent prisoner mistakenly shot in the leg during a disturbance does not suffer cruel and unusual punishment if the action was take in good faith to maintain discipline rather than for the mere purpose of causing harm
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Wilson v Seiter
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Prisoners must not only prove that prison conditions are objectively cruel and unusual, but also show that they exist because of the deliberate indifference of officials
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Overton v Bazetta
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Regulations suspending visiting privileges for two years for those prisoners who have "flunked" two drug tests does not constitute cruel and unusual punishment
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Bloody Code
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an expression that was given to the time period of 1688 - 1815 in which the death penalty was used so frequently that it was labeled the "bloody code"
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Wedding Cake Model
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Tier 1. Celebrity Cases Tier 2. Serious felonies Tier 3. Less serious felonies Tier 4. Misdemeanors
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This US has what percent of the world's prison population?
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The US has 5% of the world's population, but 25% of the world's prison population