...prisons serve the same general purpose. Jails are designed to hold persons who have committed misdemeanors, pretrial detainees, bail jumpers, the mentally ill who need to be transferred to hospitals, juveniles in need of transfer to juvenile facilities, convicts who have broken the terms of probation or parole, and the over flow of inmates from federal and state prisons. Jails are also the settings for some community-based programs such as “Scared Straight” and electronic monitoring programs. Prisons are designed to handle convicted felons and others who have been of crimes that are more serious. Prisons like jails have different levels, minimum, medium, and maximum with the reserve of super maximum prisons used for criminals who have continued to commit crimes after they were in jail or who committed the most heinous crimes in the first place. Super Max prisons are a total lock down the inmates are often confined in their cell for 23 hours a day. prisons serve the same general purpose. Jails are designed to hold persons who have committed misdemeanors, pretrial detainees, bail jumpers, the mentally ill who need to be transferred to hospitals, juveniles in need of transfer to juvenile facilities, convicts who have broken the terms of probation or parole, and the over flow of inmates from federal and state prisons. Jails are also the settings for some community-based programs such as “Scared Straight” and electronic monitoring programs. Prisons are designed to handle convicted...
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...the bail or await the trial in jail. You may say no big deal but for the many that don’t have the money the question becomes “what do you do, what do you do when the requested amount of money you don’t have and you can’t get it from any other means you have to go to jail. You have to spend time in the prison system or the county jail awaiting trial for a non-criminal offense. Of course some of us would love to take a train back to the beginning of the sentence when I said he was driving with a suspended license of course this wasn’t his first offense with such charge, then again it is a non-violent offense. And what he is left with is spending time in jail, yet Ryker’s Island, prison. Now if you can’t afford the bail, there are alternatives that you can choose….check this out::::::same URL for John Oliver just set it at 4:44 So was the system set up to accommodate the rich and persecute the poor or was it set to persecute the wrong doer period? Well a report in 2013 “40% held in custody inability to pay bail”…… Jail can do to you actual life what being the marching band can do to your social life, if you are in it for only a little while it can destroy you…simply destroy you…..better use in d.c. judges set bail only if they can afford it, if you can you go home if you can’t you still go home awaiting trial. This is call pre-trial services a recent assessment done by the Admin Office of the U S Courts says it cost a tenth to do supervised pretrial services with officers monitoring...
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...equal access to justice when first appearing at judicial proceedings in state courts. Although defendants who can afford lawyers will usually hire one from the onset of a criminal proceeding, the right to counsel for indigent defendants (i.e. a state-provided attorney) is interpreted as attaching at varying stages of a prosecution in different states. Only eight states guarantee indigent defendants the right to legal counsel at the initial bail hearing. Representation at the initial bail hearing is critical as a lawyer’s intervention is crucial for obtaining a defendant’s release and for protecting a defendant’s due process right (guaranteed in the Fourteenth amendment) against an unreasonable denial of liberty during pretrial detention. The lack of counsel in pretrial proceedings can result in numerous consequences; some include a high number of pleas being accepted as defendants are desperate to be released from custody, the loss of liberty being used as a punitive system even before a trial verdict of guilt, a defendants’ diminished capacity to work and provide for himself/herself and his/her family, and a diminished capacity to prepare adequately for trial. The current bail system breeds economic discrimination; as it stands it provides...
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...Legal Case Brief 43271590 LSTD302 Professor Tamara Herdener October 25, 2015 Case Citation: Florence v. Board of Chosen Freeholders of County of Burlington, 566 U.S. ___(2012). Parties: Albert W. Florence, Plaintiff/Appellant Board of Chosen Freeholder of County of Burlington, Defendant/Appellee Facts: Albert Florence was arrested for an outdated warrant. Upon his arrest he was taken to the Burlington County Detention Center where he was subject to a strip search. He remained there for six days and then was transferred to the Essex county facility where he was subjected to another strip search and a visual body cavity search. Florence contends that these searches violated his Fourth and Fourteenth Amendment since he was arrested for a minor offense. Procedural History: In 1998, Albert Florence was arrested for fleeing from police officers in Essex County and was charged with obstruction of justice and use of a deadly weapon. He took a plea deal where he pleaded guilty and his charges where reduced to two lesser offenses. He was sentenced to pay a fine in monthly installments but he failed to keep up with the monthly payments. Not only did he fall behind in his monthly payments but he also failed to appear at an enforcement hearing in which caused him to have a warrant issued for his arrest. Florence paid for the outstanding balance but the warrant was never updated and remained in the database. A state trooper stopped Florence in New Jersey and arrested...
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...referred to as jails, state prisons, and federal prisons. There are also many different security levels within jails, state prisons, and federal prisons. Let’s start by discussing what jails are, as well as a brief history. * The term “jail” is used by counties and cities to house criminals for short periods of time. Jails normally house individuals who have been convicted to serve a short sentence, awaiting trial, people who have not yet posted bond and detainees who have been arrested on suspicion of committing a crime. * The first jail, also known as “gaol” was built in England by King Henry II in 1166. The gaol’s original purpose was to detain individuals awaiting trial, however, vagrancy had become a problem in the fourteenth and eighteenth century, and jails were used to house displaced persons, mentally ill, and the poor (Seiter, p. 72, 2011). Individuals housed in these early jails lived in deplorable conditions. They were filthy, had horrible food, and little medical care. John Howard, who became the sheriff of Bedfordshire in 1773, saw these horrible conditions and drafted the Penitentiary Act of 1779. The Penitentiary Act created four requirements for English prisons and jails: 1. Secure and sanitary structures, 2. Systematic inspections, 3. Abolition of fees charged to inmates and 4. A reformatory regime in which inmates were confined in solitary cells but worked in common rooms during the day (Seiter, p. 73, 2011). * Early jails in the United...
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...CHAPTER 1 - What is Corrections? | Chapter Outline and Summary | | | Chapter OutlineI.IntroductionA.Growth of the system has changed how much people know about corrections1.In 1973 the prison incarceration rate was 96 per 100,000 Americans2.By 2008, after 35 years of steady growth, the U.S. imprisonment rate reached 506 per 100,0003.About 7.5 million Americans are now in the corrections system4.Correctional population growth continued throughout the 1990s, although crime rates fell by more than 50 percent between 1993 and 20075.The expansion of corrections has affected some groups more than others6.About one-third of all African American men in their twenties are under some form of correctional control7.Prison budgets, by far the most expensive portion of the overall penal system, grow even when monies for education and others services lag8.Today, Corrections pervasive—especially for poor, minority Americans II.The Purpose of CorrectionsA.Punishment1.From the earliest accounts of humankind, punishment has been used as one means of social control, of compelling people to behave according to the norms and rules of society2.Protecting society by defining limits of behaviorB.Three basic concepts of Western criminal law define the purpose and procedure of criminal justice1.Offense2.Guilt3.PunishmentC.The central purpose of corrections is to carry out the criminal sentence1.Corrections—the variety of programs, services, facilities, and organizations responsible for the management...
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...Prison Overcrowding Final Project Terence Ingram Professor Karina Arzumanova, Esq. March 17, 2013 Strayer University Prison Overcrowding Final Project Criminal Activity is on the rise. With prison populations growing at an all-time rate, the federal prison system has not been able to keep up. As a result, this is a serious problem which puts inmates and guards in danger and holds back efforts to rehabilitate convicts. (McLaughlin, 2012) Violence will be on the rise as more inmates are squeezed into small living quarters. Increased inmate misconduct is a direct result of prison overcrowding which negatively affects the safety and security of inmates and staff. If prisons don’t find a solution to this problem, it will create more tension and could potentially cause an inmate to snap and create a violent incident. With more prisoners confined in small spaces, prison officials are forced to cut back on inmate’s cafeteria time, time in the recreation yards, and television rooms. Multiple inmates are put in cells that were specifically created for one individual inmate. Common areas that were not meant to be used for inmates are being used for living arrangements even though it was not designed for that. Crowded cells and the loss of privacy increase the odds that inmates will lash out, threatening the guards keeping watch. ( McLaughlin, 2012) Policies have been put in place to make sure that inmates are not being violated. Some may say that overcrowding in prisons is inhumane...
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...Notes For Criminal Justice (Unit 1) Muse: What lies ahead for the criminal justice system? We cannot say for sure. Some of the coming changes are now discernible. A few of the more obvious changes include: 1. a restructuring of the juvenile justice system due to increasing violent juvenile crime and youth gang warfare; 2. the increased bankruptcy of a “war against drugs” whose promises seem increasingly hollow; 3. a growing recognition of America’s international role as both victim and purveyor of worldwide criminal activity; and 4. The rapid emergence of cyber-crimes, which both employ high technology in the commission and target the fruits of such technology. Drugs and Crime The relationship between drugs and crime rests on the concept of drug abuse. Drug abuse is illicit drug use that results in physiological, social, psychological or legal problems for the user. A drug is any chemical substance defined by social convention as bioactive or psychoactive. A psychoactive substance is a chemical substance that affects cognition, feeling, or awareness. Most drug users are recreational drug users, using drugs relatively infrequently and primarily with friends and in social contexts that define drug use as pleasurable. Most addicts begin as recreational users. Drug crimes fall into two categories: 1. the use, possession, distribution and sale of illegal drugs and the offenses committed either under the influence of drugs or surrounding the growing, making...
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...Interpretation of Data 10 IV. Analysis and Suggested Remedies V. Conclusion VI. Bibliography VII. ANNEXURE – Sample Questionnaire 2 Social Transformation in India I. Introduction, scope and methodology 1.1. Introduction “There can be no keener revelation of a society’s soul than the way in which it treats its children.” - Nelson Mandela. The twin concepts of "juvenile delinquency" and "juvenile justice" have gone through a constant process of evolution and refinement. Ever since the 1920s, when as a sequel to the Indian Jail Committee (1919-20) recommendations, comprehensive Children Acts were first enacted in the Provinces of Madras (1920), Bengal (1922) and Bombay (1924) till the passing of the Juvenile Justice Act, 1986,1 the advances have been dynamic. These changes were partly due to litigation by public interest groups contesting the status of juveniles in Indian jails, Supreme Court rulings, and the adoption of UN General Assembly of the Beijing Rules in 1985. Even after a decade of passing the JJA, most of the states had failed to establish separate juvenile courts, welfare boards or special homes for delinquents. These measures haven’t successfully crossed the realms of justice into welfare. The reformation and rehabilitation measures by the government and contribution made by social organisations are being discussed in the following pages. 1.2. Scope This project is aimed to find out the lacunae in the Juvenile justice system...
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...solitary on preventing juvenile delinquency and on rehabilitating juvenile offenders. Since the original enactment of the JJDPA in 1974, the periodic reauthorizations have been controversial, as the Act's opponents have sought to weaken its protections for youth, reduce prevention resources, and encourage the transfer of youth to the adult criminal justice system. The Juvenile Justice and Delinquency Prevention Act follow a series of federal protections, known as the "core protections," on the care and treatment of youth in the justice system. The four "core protections" of the act are, the Deinstitutionalization of Status Offenders (DSO), Sight and Sound separation, Jail Removal, and Disproportionate Minority Confinement (DMC). The "DSO" and "Sight and Sound" protections were part of the original law in 1974. The "Jail Removal" provision was added in 1980 in response to finding youth incarcerated in adult facilities resulted in "a high suicide rate, physical, mental, and sexual assault, inadequate care and programming, negative labeling, and exposure to serious offenders and mental patients." The "DMC" requirement was added in the JJDPA in 1992. Literature Review The compliance of states towards the requirements of the JJDP Act is monitored by the Office of Juvenile Justice and Delinquency Prevention. As of the year 2000, the...
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...Army Regulation 190–8 OPNAVINST 3461.6 AFJI 31-304 MCO 3461.1 Military Police Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees Headquarters Departments of the Army, the Navy, the Air Force, and the Marine Corps Washington, DC 1 October 1997 UNCLASSIFIED SUMMARY of CHANGE AR 190–8/OPNAVINST 3461.6/AFJI 31–304/MCO 3461.1 Enemy Prisoners of War, Retained Personnel, Civilian Internees and Other Detainees This revision-o o o Establishes a multi-service regulation for all services (para 1-4a). Ensures compliance with DOD Directive 2310.1 dated August 1994 (para 1-4g). Establishes HQDA, Deputy Chief of Staff for Operations as the primary Army Staff responsibility for the Enemy Prisoner of War, Civilian Internee and Retained Persons Program (para 1-4c). Establishes a DD FORM 2745, Enemy Prisoner of War(EPW) Capture Tag (para 21b). Highlights Combatant Commanders, Task Force Commanders and Joint Task Force Commanders responsibilities (para 1-4g). Establishes procedures for conducting tribunals (para 1-6). Establishes Public Affairs policy (para 1-9). Establishes policy for EPW held aboard ship (para 2-1b). Updates OCONUS evacuation policy (para 2-3). Establishes the use of Health and Comfort Packs as a temporary substitution for Advance of Pay for short term operations (para 3-4h). Updates procedures for contracting EPW (para 4-22). Combines AR 190-8 and AR 190-57 (para 6-1). o o o o o o o o o Headquarters Departments of...
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...Criminal Legal Process Quiz 3 Question 1 of 20 5.0 Points If prosecutors decide to charge a person arrested by the police, they do so by: A. a. notifying by memo the judge who, if the case goes to trial, will probably preside. B. b. notifying by memo the lawyer representing the accused. C. c. filing a complaint, information, or indictment with the court. D. d. notifying the accused by letter. Answer Key: C Question 2 of 20 5.0 Points In the Supreme Court case County of Riverside v. McLaughlin, involving a defendant who argued the state took too long to effectuate a judicial determination of probable cause after his warrantless arrest, the Court held that the test for determining if there has been a "prompt" judicial determination of probable cause is whether the arrestee was brought before a judicial officer: A. a. without unreasonable delay, under all the circumstances. B. b. within 36 hours of arrest, ordinarily. C. c. within 48 hours of arrest, ordinarily. D. d. within 24 hours of arrest, ordinarily. Answer Key: C Question 3 of 20 5.0 Points Although practices vary among jurisdictions, ordinarily an indigent accused is appointed an attorney: A. a. by the police at time of arrest. B. b. by a magistrate at the first appearance. C. c. by a judge at the preliminary hearing. D. d. by a judge at trial. Answer Key: B Question 4 of 20 5.0 Points According to the Supreme Court opinion...
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