Purposes of Punishment
Retribution
Deterrence
Incapcitation
Rehabilitation
Restorative justice
Restitution
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| Term | Definition |
|---|---|
| Purposes of Punishment | Retribution Deterrence Incapcitation Rehabilitation Restorative justice Restitution |
| Retribution: | Punishing a criminal who has chosen to violate society’s rule. Relies on the principle of just deserts |
| Just deserts | Punishment should be proportionate to the severity of the crime committed. |
| Seriousness of a crime | Real offense vs. conviction offense |
| Mitigation circumstance | Accompanying the commission of a crime, may justify a lighter sentence. |
| Aggravating circumstance: | Commission of a crime, may justify a harsher sentence. |
| Deterrence | Using punishment as a threat to prevent crime. Could be general or specific deterrence |
| Incapitation | Detaining wrongdoers in prison. Reduces opportunities for criminal behavior |
| Rehabilitation | Providing criminals with resources needed to eliminate their criminal behavior. |
| Restorative Justice | Repairing the harm done by an offender to a victim/community. Includes apology and restitution |
| 5 Components of Restorative Justice | Offender involvement Victim involvement Interaction between victim and offender Community involvement Problem-solving practices |
| Judicial discretion | Should be given ample leeway when determining punishment that fit both the crime and criminal. includes - Imprisonment Probation Fines Restitution Community service Apologies |
| Capital Punishment | Death penalty types Hanging Lethal gas Electrocution Lethal Injection(most common) Firing squad |
| Decline of Capital Punishment | Being given life-without-parole instead Plummeting murder rates for incarcerated Costed more to kill due to appeals(case review from SCOTUS) |
| Baze vs. Rees(2008) | Cruel and unusual punishment does not include “objectively intolerable” pain SCOTUS decisions |
| Furman vs. Georgia | Death penalty system is arbitrary, capricious, and discriminatory SCOTUS decisions |
| Gregg Vs Georgia | Bifurcated procedure SCOTUS decisions |
| Ring vs. Arizona | Jury must decide to sentence the death penalty SCOTUS decisions |
| Atkins vs. Virgina | Mentally handicapped can not be given the death penalty SCOTUS decisions |
| Roper vs. Simmons | Juveniles can not be given the death penalty SCOTUS decisions |
| State sentencing | Removes discretionary power from state judges |
| Federal sentencing | Sentencing Reform Act(SRA) eliminates parole for federal prisoners and limits early release from prison for good behavior. |
| Judicial departure | Allow a judge to adjust sentence decisions based on special circumstances of the case. |
| Habitual offender law | Statues that require lengthy prison sentences for those who are convicted of multiple felonies. |
| Determinate(fixed sentence) | Years sentenced -(minus) good time Release cannot be changed by parole bond |
| Good time | A reduction in your served time based on good behavior, conformity to rules, and other positive behaviors. |
| Indeterminate | Range of years Years sentenced -(minus) good time Release determined by parole bond |
| Truth-in-sentencing laws | Legislative attempts to ensure that convicts will serve approximately what they were initially sentenced to. |
| Judicial Philosophy | Set of beliefs and theories that guide the judge in interpreting the law and making their decision on a case. |
| Presentative Investigative Report | Offenders background will assist a judge in determining a proper sentence. This info should be provided by the probation officer that describes: The crime in question Suffering of victims Prior offenses and charges Personal data Recommendation for sentence |
| Sentencing Disparity | A situation in which similar offenders committed similar crimes but don’t receive similar sentences. |
| Sentence Discrimination: | Linked to extralegal factors like- Race Ethnicity SES Sex Sexual orientation And many more….. |
| Race and Sentencing | Minorities pay a “punishment penalty” when it comes to sentencing |
| Community Corrections | Supervision of offenders in the community as an alternative to sending them to prison/jail. Usually for least severe situations and offenders Crucial for rehabilitation |
| Probation | Convict is allowed to remain in the community rather than be imprisoned. |
| Theory | Some offenders can be treated more humane and economical than others if they are in the community |
| Contract of Consent | Between judge and offender, agreeing to comply with certain terms for a specific amount of time. |
| Role of the Probation Officer | Investigate Supervise Social service |
| Violations of Probation- | Technical: Disobeying supervision rules Substantive: Committing a new crime Missing an appointment with your probation officer Testing positive form drugs/alcohol Failing to maintain employment/attend school Association with the wrong people |
| Revocation: | Process in play because the offender failed to comply with terms. The procedure to protect the offenders rights is |
| Preliminary hearing | Probable cause of violation presented |
| Revocation hearing | Evidence and refuting(trail) |
| Reasons for Denial of Probation- | Convicted of multiple charges Already on probation/parole when arrested 2+ prior convictions Addicted to narcotics Seriously injured victim Used a weapon |
| Parole | Conditioned release before their sentence expires, decided by a board. Placed under supervision of community correction officer |
| Parole Grant Hearing | Parole board determines whether to grant parole based on - Reviewed info Meeting the offender Hearing comments/recommendations from key players on the case Factors that affect the decision - The threat posed to the community Nature and circumstances of the offense Prior record Behavior behind bars Attitude of offense Level of remorse Physical/mental/emotional health of offender |
| Parole Contract: | Agreement between state and offender establishing the conditions. |
| Concepts of Parole | Parole is giving someone grace, its a privilege not a right Contract of Consent Custody Revoked if you commit a crime or technical violation. |
| Home Confinement | Ankle or wrist monitor Levels - Curfew Home Detention Home Incarceration Types of electronic monitoring - Programmed contact - through voice or text |
| Intermediate Sanction | Designed to match specific punishment and treatment of offenders. |
| Day reporting center | treatment/education/rehabilitation, an extreme level of supervision Intensive supervision - Under strict surveillance and control Shock Incarceration |
| Types of Intermediate Sanctions- | Fines Community Service Restitution Pretrial Diversion program: offender agrees to participate in a specific counseling/treatment program in return for withdrawing the charges. Forfeiture: Government seizes private property attached to a criminal activity. |
| Widening the Net - | Intermediate sanctions increase the amount of control the state has on an individual Increasing the # of citizens under control and surveillance Increasing the government power to intervene in citizens' lives. |
| Split Sentence | Offender spends half of their sentence in incarceration and the other half in the community. |
| Shock Incarceration | Offender is sentenced to jail/prison and after a period of time they are put on probation. |
| Intermittent Incarceration | Offender spends a certain amount of time each week in jail/workhouse. |
| Penitentiary: | Correctional facility that separates inmates from society and other inmates. |
| The 1st Penitentiary | Pennsylvania, Walnut Street Prison In 1790 a wing opened up - Inmates were isolated and kept busy constantly doing menial chores This way of keeping inmates was succumbed because - Overcrowding of inmates, silence became impossible Cost of constant separation In early 1800’s convict jobs were dwindling, so the inmates became idle |
| New York/Auburn/congregate system | Focused on obedience Kept inmates in their cell at night, during the day they could work with other inmates in silence Providing a popular and majority way of new prisons being built in the first half of the 19th century Was less expensive Could make a profit off of the products the inmates make |
| Bridewell(England | The prison of the 18th century For debtors, those awaiting trial, or those banished from their community |
| The Great Law was based on Quaker ideals of humanity and rehabilitation | William Penn was the exception Resulted in - Forcible use of torture and mutilation for punishment Instead of that, the offender would give sufficient property as restitution. Death penalty was only allowed for premeditated murder cases |
| Reformers and Progressives | In the 1870’s a group of reformers proposed that good behavior should be rewarded with an early release This was adopted by New York’s Elmira Reformatory in 1876 - a 3 grade system. When you arrive you are given grade 2, If you follow the rules/complete work or school after 6 months you are given a 1(for release) If you break the rules you are given a 3, you have to behave for 3 months before returning to a 2, and then have to work your way to a 1 |
| Medical Model: | Focused on identifying and treating the psychological/biological roots of their criminal behavior |
| Custodial model | Assumption that prisoners are incarcerated for reasons of incapacitation, deterrence, and retribution. |
| Rehabilitation model | Idea of giving treatment |
| Reintegrating model: | Correctional institute serves as a training ground to prepare to go back into society/community. |
| Antisocial personal patterns | impulsive, pleasure seeking, restlessly aggressive/irritable |
| rocriminal attitudes | Negative opinions or law/authority, rationalizing prior criminal behavior. |
| Social Support for crime | Friends who are offenders, lacking positive role models |
| Prison Management | Relies on a hierarchical chain of command to increase personal responsibility. |
| Most serious struggles for a Prison | Budgetary restrictions Overcrowding Continual Inmate turnover |
| Superintendent/Prison Warden | Responsible for the organization and performance of a correctional facility. |
| Classification: | Process in which each incoming inmate is screened. Determining th inmates security and treatment needs |
| Custody Level | Security level designated to a new inmate. |
| Prison administrators rely on this criteria for classification | Seriousness of the crime committed Risk of future criminal/violent behavior Need for treatment and rehabilitation programs |
| Supermax | Manages the worst offenders that pose too much of a threat to security and others. Operates in a state of perpetual lockdown Lockdown: Inmates are ordered to their quarters and nonessential prison activities are suspended. Usually aren't automatically assigned to supermax |
| Maximum security | Controls and disciplines dangerous felons and prevents escape. |
| Medium Security | Uses less restrictive measures to prevent violence and escape, for less dangerous inmates. |
| Minimum Security | for inmates who pose a low risk. Given more freedom for movement and contact with the outside world |
| Triple Nons: | Non-serious, violent, or sexoffenders are released when a prison needs to reduce their population. |
| Deincarceration: | Lowering rate of incarceration |
| Private prisons | Correctional facilities operated by private corporations Relying on profit |
| Pretrial detainees | those who can’t post bail, therefore forced to spend the prior time of their trial in jail. |
| Jail administration: | Many jails operate on the principles of a fee System |
| Fee System | The sheriffs department is reimbursed by a government agency for the costs of housing jail inmates. |
| KSP video - Kentucky State Pennitentionary | Is the only MAXIMUM high security Pennitentionary is Kentucky They have a wing that operates like a SUPERMAX They have a house that operates like a MINIMUM Nickname - The castle Uniqueness - The stone construction was made by Italian masons In the garment plant they produce - prison uniforms They don’t address root causes of behavior, rehabilitation is not much of a concern Have strict security Cats live there Those that are released struggle from not having support or skills The inmates separate themselves by old inmates and new inmates |