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