Theories (Basic)
What does retribution mean in the context of criminal justice?
Repayment
According to the retribution theory, what is one way for a criminal to reconcile with society?
To suffer the same harm inflicted on their victim.
What is Recidivism?
When someone repeats criminal behavior after having already been punished for that behavior.
What are the three main exceptions to hearsay?
Which ancient laws are examples of the retribution theory?
Hebrew scriptures and Babylonian codes.
How does punishment deter individuals other than the specific defendant in deterrence theory?
By making an example of one person, it deters others from committing similar crimes.
What are the Five Procedural Steps to Arraignment (not including plea, bail, and scheduling next court date)?
1. Def. formally charged; 2. Judge ensures Def. understands charges; 3. Judge gives Def. copy of the accusatory instrument, 4. Judge ensures Def. understands rights, 5. Judge appoints defense attorney, if necessary.
What are the Four Miranda Warnings?
1. Right to remain silent, 2. Anything said can be used as evidence, 3. Right to an attorney and to have an attorney during questioning, 4. Right to have an attorney provided by the state.
What is the main purpose of the deterrence theory?
To prevent future crimes by punishing past ones.
What is the primary method of isolation used to prevent further criminal conduct?
Confinement in a prison or similar secured facility.
What are the Four Kinds of Evidence? Give an example for each one.
Testimonial, documentary, physical, demonstrative.
In an essay, what question should your conclusion try to answer?
"So what?"
What recent legislation limits solitary confinement in New York to 15 days?
The Humane Alternatives to Long-Term Solitary Confinement Act (HALT).
In the context of rehabilitation, why must sentencing decisions treat each offender as an individual?
Because society must acknowledge and address each individual's special needs and problems.
What are the Five Parts of an Opening Statement?
During Direct Examination, the examining attorney should ask _______ questions. During Cross Examination, the examining attorney should ask _______ questions.
1. Open-Ended, 2. Leading
What is the goal of rehabilitation in the context of criminal punishment?
To restore the criminal to useful life and help them conform to society's laws.
Why does the rehabilitation theory focus on the future rather than the past?
It aims to prepare the criminal to reenter society with a different attitude toward and respect for the law.
What is the correct order, from lowest standard to highest, of the following:
1. Articulable Reason 2. Founded Suspicion (that criminality is afoot) 3. Reasonable Suspicion 4. Articulable Basis (to fear for safety) 5. Probable Cause 6. Preponderance of the Evidence (51%) 7. Beyond a Reasonable Doubt
What are all of the objections we went over in class?