CRJ 405, Study Guide for 2nd Exam

 

Chapter 3

 

1.         Three Strikes and You're Out  – example of “habitual offender” laws

2.         Courts after the Civil War – multitude of changes, including grand juries and changing role of prosecutor

3.         14th Amendment  -  due process clause - "nor shall any State deprive any person of life, liberty, or property without due process of law."

4.         Gideon v. Wainwright  – guaranteed right to lawyer

5.         Radical trials of the 1960's  – challenged traditional trials, illustrated by the Chicago 7 and St. Patrick’s Four in recent years

6.         Supreme Court - early years (backgrounds of justices) – illustration of elite dominance of the court system

7.         Courts in Colonial America  – justices of the peace, upholding morality

7.         Bail - form of "security" that a defendant puts forth which guarantees that he or she will appear in court whenever requested.  In most jurisdictions a defendant can, in effect, buy his or her freedom (see 5th Amendment)

9.        Warren Court – key Supreme Court decisions of the 1960s and early 1970s

10.        County courts in Colonial society – most important in small town life

11.        Justice of the Peace – the key criminal justice figure in Colonial society

 

 

Chapter 4:

 

1.         Pennsylvania and Auburn system – former influenced by religion, latter by capitalism

2.         reformatory system – rehabilitation, classification, etc.

3.         Poorhouses and workhouses – precursors of prisons

4.         principle of "less eligibility" – conditions of prisoners not any better than poorest free person

5.         ticket of leave - parole

6.         The "Irish system" – early forerunner of indeterminate sentence and parole

7.         Federal Bureau of Prisons -  new federal crimes required new prisons

8.         war on drugs and prisons  - huge increases in incarceration because of drug war

9.         New American Apartheid – incarceration of African-Americans

10.        Convict lease system – in South after Civil War

11.        Warehousing – the last trend, after abandonment of treatment

12.        National Congress on Penitentiary and Reformatory Discipline

 

 

Chapter 5

 

1.         History of childhood and adolescence – no such thing as “children” nor “adolescence” until 19th century.

2.         Parens patriae – doctrine that came from English practices of the King as “father” and became the rationale for separate justice system for kids

3.         Stubborn Child Laws – first set of laws dealing specifically with kids

4.         Ex-Parte Crouse – first challenge to parens patriae

5.         People v. Turner – different ruling than the Crouse case

6.         Houses of Refuge – first prisons for kids in America

7.         Orphan trains – method of dealing with homeless and other deprived kids (New York Children's Aid Society)

8.         Child saving movement – led to founding of juvenile court

9.         Juvenile court vs. adult courts (214-216)

 

Sample Questions

 

1.         The principle of "less eligibility" refers to:

 

a.         the idea that only first offenders are eligible for probation

b.         the belief that the conditions of prisons should never be better than the conditions of the lowest worker on the outside

c.         the idea that one should not be sentenced for the lesser offenses

d.         the belief that a prisoner should serve a certain minimum amount of time before being eligible for parole

 

2.        One of the most important legal doctrines concerning childhood, youth and the juvenile justice systems, and can be traced back to medieval England is a doctrine called parens patriae. In simple terms, this doctrine states:

 

a.         The king, in his total authority, has the right to conscript (draft) young men of any age to be in his king's army.

b.         The king, in his presumed role as the "father" of his country had the legal authority to take care of "his" people, especially those who were unable, for various reasons (including age) to take care of themselves.

c.         The king, as ruler of his country, has the right to arrest or confine any person, juvenile included, for any reason that the king sees fit.

d.         Juveniles who are already considered delinquent are now considered beyond any hope of rehabilitation, and as such can be incarcerated with impunity.

e.         Juveniles who have been arrested for minor crimes can be released to their parents without a court order if the parents are willing to assume responsibility.

 

3.         The reformatory system in the United States introduced which of the following innovations?

 

a.         indeterminate sentencing

b.         parole

c.         probation

d.         the silent system

e.         a and b only

 

4.        The case of People v. Turner (Danny O'Connell) essentially reinforced the doctrine of parens patriae and the Crouse decision.

 

5.        In Gideon v. Wainwright (1963), the Supreme Court held that defendants were not necessarily guaranteed right to counsel in court proceedings.