3. a.) The decision in Gideon v. Wainwright extended the rights to appointed council to all defendants charged with a felony in state courts.
b.) I do agree with the decision that the courts made. All people should have the right to legal defense if they are indigent. Just because an indigent doesn’t have money doesn’t mean they don’t have a right to a fair and legal trial. If I needed a lawyer and I didn’t have money for one it would be nice for someone out there to help me see that my case was heard and I got the best deal. Not all of us are lawyers and we don’t understand legal jargon. To have someone explain what you are being charged with in terms we can understand is our right as citizens or at least should be.
4. Explain the difference between expert witness and lay witness.
The lay witness may have seen the crime or arrived shortly after the crime was committed. The lay witness if subpoenaed, is only allowed to testify basted on facts and is not allowed to express ones own opinion. The expert witness however, has special knowledge or skills recognized by the court to help determine a guilty or innocent plea. Expert witnesses are allowed to have an opinion and my dray conclusions to the case unlike the law witness.
5. Name and explain the process involved in selecting potential jurors by:
a) Challenge by array- signifies the belief generally by the attorney that the pool from which potential jurors are to be selected is not represented of the community or is based in some significant way. A challenge to the array is argued before the hearing judge before jury selection.
b.) Challenge by cause- challenge for cause, which may arise during voir dire examination, make claim that an individual juror cannot be fair or impartial.
c.) Peremptory challenge- allows attorneys to remove potential jurors without having to give a reason. Peremptory challenges, used by both the prosecution and the defense, are limited in numbers.
6.) Name and explain the five goals of contemporary criminal sentences.
a.) Retribution- The act of taking revenge or a criminal perpetrator.
b.) Incapacitation- The use of imprisonment or other means to reduce the likelihood that an offender will be capable to committing future offenses.
c.) Deterrence- A goal of criminal sentencing that seeks to inhibit criminal behavior through the fear of punishment.
d.) Rehabilitation- The attempt to reform a criminal offender. Also, the state in which a reformed offender is said to be.
e.) Restoration- A goal of criminal sentencing that attempts to make the victim “whole again.”
7.) Define and explain the similarities and differences between Probation and Parole
Probation- A sentence of imprisonment that is suspended. Also, the conditional freedom granted by a judicial officer to a convicted offender, as long as the person meets certain conditions f behavior.
Parole- The status of a convicted offender who has been conditionally released from prison by a paroling authority prior to the expiration of his or her sentence and is placed under the supervisions of a parole agency, and is required to observe the conditions of parole.
The similarities of probation and parole are they have the guidelines they have to abide by a contract and do community service. The difference between the two is purpose and implementations parolees have already been to prison probationers have not been to prison. Probation is a sentencing strategy parole is a correctional strategy that’s primary purpose to return offenders gradually to productive lives.
8.) If I had the authority to reduce the overcrowding in the prisons I would start by letting out the people who have smaller offences and put them on parole. That is if and only if they were not a threat to society. For example someone who has charges of check fraud or tickets for stealing gas for instance.
9.) Reports say that the male correctional facilities are far more dangerous than a female correctional facility. The main reason for this is they don’t rape other women and don’t need to. The only time they rape someone is when they are trying to dominate the other female prisoner. Or for instance the most reported violence is women inmates being raped by the staff. The men however, feel they need to accommodate for the lose of having a woman around. In return they rape other men mainly their roommates. The phrase most often used is that they make them their “Bitch.”
10.) The prison subculture- The values and behavioral patterns characterized of prison inmates. Prison subculture has been found to be surprisingly consistent across the country.
11.) Prisonization- refers to the learning of convict values. Attitudes roles and even language. They learn the prison codes. (1.) Don’t interfere with the interests of other inmates, “Never rat on a Con.” (2.) Don’t lose your head. Play it cool and (3) Don’t exploit inmates. Don’t steal. Don’t break your word. Be right. (4) Don’t whine. Be a man. (5) Don’t be a sucker. Don’t trust the guards or staff.
12.) Only the first amendment rights were used in the case Pell v Procunier. The Supreme Court established a “balancing test” operations. Inmates have rights, much the same as people who are not incarcerated. They are provided the legitimate needs of the prison for security, custody and safety are not compromised. Other courts have declared that order maintenance, security and rehabilitation are all legitimate concerns of prison administrations but that financial agencies and convenience are not.