Constitutional Criminal Rights
The wording of Article II of the Constitution does the following:
What is Does NOT say who should interpret the Constitution?
This is a court order that commands someone to do something specific and/or bars an individual from engaging in behavior that harms others.
What is an injunction?
The way a person enters the criminal justice system.
What is being arrested and charged with a criminal act?
The Primary Goal of this act was to address the growing disparities in sentencing.
What is the Sentencing Reform Act of 1984?
William Penn introduced this set of laws that favored hard labor and victim compensation over corporal punishment and the death penalty for crimes
What is The Great Law of Quakers?
Conditional early release to serve the remainder of the sentence on community supervision
What is Parole?
This is an offense by a juvenile that, if committed as an adult, would be a crime.
What is a delinquency offense?
Probable Cause Means.
What is reasonable belief?
The two primary types of civil law suits.
What are a tort action and a breach of contract?
The place a person is taken after they are arrested.
What is the local jail?
Refers to factors that may increase the severity of a sentence in the criminal justice system
What are aggravating circumstances?
An assessment of a prisoner's needs includes these things.
What is their health, education level, job skill level, and prior and current drug and/or alcohol use
The prosecutor doesn't have to present their entire case at this hearing, but should at this more formal hearing.
What is the difference between a Prelimary Hearing and Grand Jury?
This juvenile crime would not be considered a crime if done by an adult.
What is a status offense?
When using anonymous informants, the information must have these 3 things.
What are reliability, credibility, and totality of the circumstances?
A civil wrong.
What is a tort?
Filing an arrest report (submitting a probable cause statement), Fingerprinting, Taking photographs of tattoos and mug shots, Pat search & possibly a strip search (depending on the charges)
What is the booking process?
A sentencing structure that combines elements of both indeterminate and determinate sentencing approaches.
What is Presumptive Sentencing?
These are the different levels of prison security.
What are Minimum, Medium, Maximum Security, Supermax.
A panel of individuals that decide whether an imate should be released from prison or parole. The members are appointed and not elected.
Parole Board
Percentage of Juvenile cases that are handled informally
What is 50%?
Warrants must include these 4 things:
What are Date and time of issuance, The time period of execution,What may be searched or seized, and Confirmation of probable cause by oath or affirmation
The burden of proof in a civil case.
What is preponderance of the evidence?
Constitutional Amendment that states "excessive bail shall not be required."
What is the 8th Amendment?
Sentencing structure is exemplified by "three strikes" laws that impose harsher penalties on repeat offenders
What is Mandatory Minimum Sentencing?
These are the different philosophies of punishment
What are Retribution, Deterrence, Rehabilitation, Restorative Justice, and Incapacitation.
Submit to a search of their person, their residence, their vehicle, and any property under their control, at any time, by any probation or parole officer or law enforcement officer, Maintain contact with and report to the probation or parole authority at designated times, Drug testing and a requirement to maintain employment, May not possess any weapons and may not violate any laws
What are standard conditions of probation or parole?
Formally processed juvenile cases are almost always conducted by this person
What is a judge?
This rule keeps evidence gathered in violation of the Constitution inadmissible in court.
What is the exlusionary rule?
The courts that make up "The Dual Court System."
What is the federal court system and the courts of the individual states?
Bail is a constitutionally guaranteed right. True or False
False
Type of sentencing that involves a fixed term of incarceration, causing many states to eliminate their parole boards
What is determinate sentencing?
The punishment philosophy that is based on the concept of lex talionis, or “an eye for an eye”
What is retribution?
These are tailored to the offender and the offender’s offense, Examples could be electronic monitoring, restitution, community service, substance abuse treatment, or counseling. They are ordered by the judge or parole board.
What are special conditions of parole or probation?
Running away from home is this type of offense?
What is a status offense?
Which of these is NOT an exception to the Constitution's warrant requirement:Exigent circumstances, Roadblocks to generally prevent crime, Automobile searches, Plain View
What are Roadblocks to generally prevent crime?
The recovery of the ACTUAL loss for an injury sustained.
What are Compensatory Damages?
Flight Risk, Seriousness of the alleged crime(s), Whether someone has a job and place to live if released, Past criminal history
What are factors considered by a judge when deciding to allow bail or to release an indvidual from custody?
Prison sentences that are served one after the other
What are Consecutive Sentences?
The organization responsible for overseeing the federal correctional system in the United States
What is the Federal Bureau of Prisons?
The most common form of sentencing in the US today is?
What is Probation?
In this case, the court found that the minimum age to impose the death penalty was 18.
What is Roper v. Simmons?
Electronic Communications require that
What are statutes must be followed for search (ECPA and FISA)
A lawsuit that could be filed against a general contractor after they have signed a contract and didn't fall through with the contract's terms.
What is a Breach of Contract suit?
The posting of money, property, or other collateral by the arrested person, as a way of guaranteeing they will appear in court to answer the charges against them.
What is Bail?
Separate prison sentences that are served at the same time
What are concurrent sentences?
Run by private corporations but supervised by governmental correctional agencies.
What are private prisons?
Can perform duties as an officer of the court, Must perform duties as counselors, Must perform duties as police officers. Has a dual role of helping the offender while at the same time protecting society.
What are probation officers?
A principle that allows the state to assume a parental role and to take custody of a child when he or she becomes delinquent, is abandoned, or is in need of care that the natural parents are unable or unwilling to provide
What is parens patriae?
This case requires that the fruit of the illegal search be inadmissable?
What is Silverthorne Lumber Co.?
The recovery damages that sometimes makes the headlines due to court decisions that award millions of dollars for seemingly frivolous reasons.
What are punitive damages?
Allows a person to be released from jail prior to trial on their promise to refrain from criminal activity and to return to court at the date and time specified without having to post collateral.
What is Release on Recognizance?
This is often included in various state constitutions and/or state laws to protect the rights of victims
What is a Victim's Bill of Rights?
States the actual punishment should match the crime.
What is retribution?
Probation or parole can be revoked for the following two things?
What are New Charges, and/or a Technical Violation?
This case states it is cruel and unusual punishment to impose life in prison without parole on a juvenile homicide offender.
What is Millver v. Alabama?
These are exceptions to the exclusionary rule.
What are good faith and inevitable discovery?
A person has a right to this "without unnecessary delay if they are unable to make bail.
What is a First Appearance?
A 1972 U.S. Supreme Court case that ruled that the death penalty was often used arbitrarily and disproportionately based on race rather than the seriousness of the crime
What is Furman v. Georgia?
The punishment philosophy that removes offenders from society to prevent them from committing further crimes.
What is incapacitation?
These courts were established in the 1980s, include teams of court staff, attorneys, probation officers, substance evaluators, and treatment professionals, including the judges, and have grown due to effectiveness
What are Drug Courts?
This case established the standard to convict a juvenile of a delinquency offence as beyond a reasonable doubt was
In re Winship
The case which historically has settled the authority of who interprets the Constitution
What is Marbury v. Madison?
The trial court of the Federal Government.
What are the Federal District Courts?
This hearing requires a prosecutor to present just enough evidence and/or testimony to convince the judge or magistrate that the arrest was legal and the charges are based upon probable cause.
What is a preliminary hearing?
These laws require inmatse to serve a significant portion of their sentences, typically 85%, before becoming eligible for parole
What are truth-in-sentencing laws?
Silence and repentance over their wrong-doing was this group's concept of "penitentiary."
What are the Quakers?
This is a short jail incarceration with conditional release on probation.
What is split sentencing?
The landmark U.S. Supreme Court case guaranteed juveniles many of the same procedural due process rights as adults such as the right to Counsel, the right to confront witnesses against them, the right against self-incrimination, etc
What is in re Gault