Chief justice burger after warren swayed from the due

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Chief Justice Burger – after Warren – swayed from the due process model, focused more on the criminal conduct 140. Chief Justice Rehnquist – tried to undo some of the advances made in the 1960s, 141. President’s Crime Commission – in 1967 by President Johnson – found that long sentences do little to rehabilitate offenders and community alternatives work more effectively than incarceration a. America has moved more towards increased punishment regardless of the findings 142. Substantive Due Process – protects against unreasonable, arbitrary, or capricious laws or acts a. Void-for –vagueness doctrine – laws that are unclear violate the due process 143. Rape Shield Statutes – protect alleged rape victims from questioning about past sexual experience not relevant to the case 144. Gideon vs Wainright (1963) and Powell vs Alabama in 1932 - suspects were entitled to a lawyer 6 th Amendment even if they could not afford one 145. Habeas Corpus – writ requiring a person be brought before a judge , the accused can ask to use his or her right to habeas corpus (literally to have the body) to physically appear in court 146. Crime “mala prohibita” then it is “bad because it is forbidden” meaning it violates a specific regulatory statue and would not usually be considered a crime … know this 147. Crime “mala in se crimes” are what society considers inherently evil – rape and murder 148. “mens rea” means “guilty mind” and denotes criminal intent , except in cases of strict liability “mens rea” or criminal intent is necessary for legal responsibility for a criminal offense 149. “Stare Decisis – means “stand by decided cases” - is the guiding principle of case law, a. in which precedents are used to guide future court cases 150. Collateral Attack – filing an appeal in the Federal system while the state case is still undecided 151. Pretrial Diversion Program – non-punitive community alternatives to jail 152. Decarceration and Diversion Programs – part of nonintervention justice philosophy – emphasizes the least intrusive treatment for inmates 153. American Correctional Associations – association developed for employees in the correctional profession a. Publishing national standards and accreditation programs for professionals in the field b. Serves as the umbrella organization for corrections 154. Department of Justice – oversees matters involving federal prisons and prisoners – and enforcing federal laws 155. Federal Bureau of Prisons – founded within Department of Justice in 1930 a. Leader in correctional management and operations b. Serves as model for state and local jails c. Encourages a rehabilitative model of corrections that focuses on community interaction, work programs and education for inmates 156.
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