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104 Cards in this Set
- Front
- Back
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Retribution
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The philosophy that those who commit criminal acts should be punished based on the severity of the crime and that no other factors need be considered.
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Just Deserts
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The severity of the punishment must be in proportion to the severity of the crime.
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Deterrence
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The strategy of preventing crime through the threat of punishment. Assumes that potential criminals will weigh the costs of punishment versus the benefits of the criminal act; therefore, punishments should be severe.
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Incapacitation
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Preventing crime by detaining wrongdoers in prison.
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Rehabilitation
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The philosophy that society is best served when wrongdoers are provided the resources needed to eliminate criminality from their behavioral pattern rather than simply being punished.
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Restorative Justice
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An approach to punishment designed to repair the harm done to the victim and the community by the offender's criminal act.
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Restitution
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Monetary compensation for losses suffered by the victims.
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General Deterrence
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By punishing one person, others will be dissuaded from committing a similar crime.
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Specific Deterrence
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Assumes that an individual, after being punished once for a certain act, will be less likely to repeat that act because he or she does not want to be punished again.
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Collective Incapacitation
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All offenders who have committed a similar crime are imprisoned for the same time period.
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Selective Incapacitation
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Provides longer sentences for individuals, such as career criminals, who are judged more likely to commit further crimes if and when they are released.
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Indeterminate Sentencing
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A judge determines the minimum and maximum amount of time the person must spend in prison.
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Determinate Sentencing
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The person serves exactly the amount of time to which he or she is sentenced.
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"Good Time"
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A reduction in time served due to good behavior, conformity to rules, and other positive actions.
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Truth-In-Sentencing Laws
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Requires murderers and others convicted of serious crimes to complete at least 85% of their sentences with no time off for good behavior.
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Presentence Investigative Report
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An investigative report on an offender's background that assists a judge in determining the proper sentence. The report describes the crime in question, notes the suffering of any victims, and lists the defendant's prior offenses. Also includes a sentencing recommendation.
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"Real Offense"
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The actual behavior of the defendant, regardless of the official conviction.
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Mitigating Circumstances
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Any circumstance accompanying the commission of a crime that may justify a lighter sentence.
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Aggravating Circumstances
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Any circumstances accompanying the commission of a crime that may justify a harsher sentence.
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Sentencing Disparity
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A situation in which those convicted of similar crimes do not receive similar sentences.
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Sentencing Discrimination
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The length of a sentence appears to be influenced by the defendant's race, gender, economic status, or other factor not directly related to the crime he or she committed.
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Sentencing Guidelines
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Legislatively determined guidelines that judges are required to follow when sentencing those convicted of specific crimes.
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Departure
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A stipulation in many federal and state sentencing guidelines that allows a judge to adjust his or her sentencing decision based on the special circumstances of a particular case.
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Mandatory (minimum) Sentencing Guidelines
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Further limit a judge's power to deviate from determinate sentencing laws by setting firm standards for certain crimes.
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Habitual Offender Laws
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Statues that require lengthy prison sentences for those who are convicted of 3 or more felonies.
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Victim Impact Statement (VIS)
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A statement to the sentencing body in which the victim is given the opportunity to describe how the crime has affected him or her.
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Capital Punishment
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The use of the death penalty to punish wrongdoers for certain crimes.
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Mitigating circumstances that will prevent a defendant found guilty of first degree murder from receiving the death penalty
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- Insanity
- Mentally handicapped - Age |
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What is the dominant form of execution in this country?
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Lethal Injection
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Reintegration
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A goal of corrections that focuses on preparing the offender for a return to the community unmarred by further criminal behavior.
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Diversion
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A strategy to divert those offenders who qualify away from prison and jail and toward community-based and intermediate sanctions.
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Probation
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A criminal sanction in which a convict is allowed to remain in the community rather than be imprisoned as long as he or she follows certain conditions set by the court.
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Judicial Reprieve
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The judges authority to suspend sentences for a certain amount of time, on the condition of continued good behavior on the part of the defendant.
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John Augustus
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Started the idea of probation. See page 432.
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Suspended Sentence
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A judicially imposed condition in which an offender is sentenced after being convicted of a crime, but is not required to begin serving the sentence immediately.
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Authority
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The power designated to an agent of the law over a person who has broken the law.
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Technical Violation
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An action taken by the probationer that, although not criminal, breaks the terms of probation as designated by the court; can result in the revocation of probation and a return to prison or jail.
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What is the most effective probation strategy?
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A mix of supervision (behavior monitoring) and treatment (behavior change.) Often called a "Hybrid Approach"
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Caseload
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The number of clients a probation officer is responsible for at one time. On average a probation officer has a caseload of 175 offenders.
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Intermediate Sanctions
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Sanctions that are more restrictive than probation and less restrictive than imprisonment. Intended to alleviate pressure on overcrowded corrections facilities and understaffed probation departments.
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Judge's Five Sentencing Options for Intermediate Sanctions
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1. Fines
2. Community service 3. Restitution 4. Forfeiture 5. Pretrial diversion programs |
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Forfeiture
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The process by which the government seizes private property attached to criminal activity.
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Pretrial Diversion Program
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An alternative to trial offered by a judge or prosecutor, in which the offender agrees to participate in a specified counseling or treatment program in return for withdrawal of the charges.
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Day Reporting Center (DRC)
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A community-based corrections center to which offenders report on a daily basis for the purposes of treatment, education, and rehabilitation.
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Intensive Supervision Probation (ISP)
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A punishment-oriented form of probation in which the offender is placed under stricter and more frequent surveillance and control than in conventional probation by probation officers with limited caseloads (only 20 offenders.)
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Shock Incarceration
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A short period of incarceration that is designed to deter further criminal activity by "shocking" the offender with the hardships of imprisonment.
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Home Confinement
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Offenders serve their terms of incarceration in their homes.
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Electronic Monitoring
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A technique of probation supervision in which the offender's whereabouts are kept under surveillance by an electronic device. Often used in conjunction with Home Confinement.
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Widen the Net
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The criticism that intermediate sanctions designed to divert offenders from prison actually increase the number of citizens who are under the control of surveillance of the American corrections system.
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Total Institution
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An institution, such as a prison, that provides all of the necessities for existence to those who live within its boundaries.
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Prisonization
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The socialization process through which a new inmate learns the accepted norms and values of the prison population.
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Deprivation Model
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A theory that inmates aggression is the result of the frustration inmates feel at being deprived of freedom, consumer goods, sex, and other staples of life outside the institution.
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Relative Deprivation
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The theory that inmate aggression is caused when freedoms and services that the inmate has come to accept as normal are decreased or eliminated.
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Riots
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Situations in which a number of prisoners are beyond institutional control for a significant amount of time.
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Prison Segregation
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The practice of separating inmates based on certain characteristics, such as age, gender, type of crime committed, or race.
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Prison Gang
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A clique of inmates who join together in an organizational structure.
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Security Threat Group (STG)
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A group of three or more inmates who engage in activity that poses a threat to the safety of other inmates or the prison staff.
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"Hands-Off" Doctrine
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The unwritten judicial policy that favors noninterference by the courts in the administration of prisons and jails.
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"Deliberate Interference"
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When prison officials are aware of harmful conditions of confinement but fail to take steps to remedy those conditions.
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"Identifiable Human Needs"
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The basic human necessities that correctional facilities are required by the Constitution to provide to inmates. Beyond food, warmth, and exercise, the court system has been unable to establish exactly what these needs are.
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Parole
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The conditional release of an inmate before his or her sentence has expired.
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Mandatory Release
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Release from prison when an offender has served the full length of his or her sentence, minus any adjustments for good time.
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Pardon
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An act of executive clemency that overturns a conviction and erases mention of the crime from the person's criminal record.
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Furlough
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Temporary release from a prison for purposes of vocational or educational training, to ease the shock of release, or for personal reasons.
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Discretionary Release
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The release of an inmate into a community supervision program at the discretion of the parole board within limits set by the state or federal law.
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Parole Grant Hearing
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A hearing in which the entire parole board reviews information, meets the offender, and hears testimony from relevant witnesses to determine whether to grant parole.
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Parole Guidelines
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Attempt to measure a potential parolee's risk of recidivism by considering factors such as the original offense, criminal history, behavior in prison, past employment, substance abuse, and performance under any previous periods of parole or probation.
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Parole Contract
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An agreement between the state and the offender that establishes the conditions under which the latter will be allowed to serve the remainder of his or her prison term in the community.
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Parole Revocation
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When a parolee breaks the conditions of parole, the process of withdrawing parole and returning the person to prison.
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Prisoner Reentry
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A corrections strategy designed to prepare inmates for a successful return to the community and to reduce their criminal activity after release.
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Desistance
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The process through which criminal activity decreases and reintegration into society increases over a period of time.
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Work Release Program
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Temporary release of convicts from prison for purposes of employment. Offenders work during the day, but return to the prison at night and on weekends.
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Halfway Houses
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A community-based form of early release that places inmates in residential centers and allows them to reintegrate with society.
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Sex Offender Notification Law
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Legislation that requires law enforcement authorities to notify people when convicted sex offenders are released into their neighborhood or community.
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Civil Confinement
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The practice of confining individuals against their will if they present a danger to the community. (sex offenders)
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Parens Patriae
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A doctrine that holds that the state has a responsibility to look after the well-being of children and to assume the role of the parent if necessary.
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Status Offender
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A juvenile who has been found to have engaged in behavior deemed unacceptable for those under a certain, statutorily determined age.
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Juvenile Delinquency
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Behavior that is illegal under federal or state law that has been committed by a person who is under the age limit specified by statute.
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Low-Visibility Decision Making
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The discretionary power police have in determining what to do with misbehaving juveniles.
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Referral
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Anyone with a valid reason, including parents, relatives, welfare agencies, and school officials, can refer a juvenile to the juvenile court.
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Four Stages of Juvenile Pretrial Procedures
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1. Intake
2. Diversion 3. Waiver 4. Detention |
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Intake
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Following referral of a juvenile to juvenile court by a police officer, the process by which an official of the court must decide whether to file a petition, release the juvenile, or place the juvenile under some other form of supervision.
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Petition
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The document filed with a juvenile court alleging that the juvenile is a delinquent or a status offender that requests the court to either hear the case or transfer it to an adult court.
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Diversion
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The process of removing low-risk offenders from the formal juvenile justice system by placing them in community-based rehabilitation programs.
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Judicial Waiver
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The judge, based on the facts of the case at hand, decides that the alleged offender should be transferred to an adult court.
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Three types of Transfer Laws
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1. Judicial Waiver
2. Automatic Transfer 3. Prosecutorial Waiver |
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Automatic Transfer (legislative waiver)
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A juvenile is transferred to adult court as a matter of state law.
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Prosecutorial Transfer
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A procedure used in situations in which juvenile and adult courts have concurrent jurisdiction over certain offenses.
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Adjudicatory Hearing
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The process through which a juvenile court determines whether there is sufficient evidence to support the initial petition.
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Disposition Hearing
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Similar to the sentencing hearing for adults, a hearing in which the juvenile judge or officer decides the appropriate punishment for a youth found to be delinquent or a status offender.
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Predisposition Report
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Provides the judge with relevant background material to aid in the disposition decision.
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Graduated Sanctions
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The severity of the punishment should fit the crime.
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Residential Treatment Program
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A government-run facility for juveniles whose offenses are not deemed serious enough to warrant incarceration in a training school.
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Secure Confinement
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Boot camps or training schools. Comparable to adult prisons and jails.
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Boot Camp
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A variation on traditional shock incarceration in which juveniles are sent to secure confinement facilities modeled on military basic training camps instead of prison or jail. These camps emphasize strict discipline, manual labor, and military training to "shock" inmates out of a life of crime.
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Training School
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A correctional institution for juveniles found to be delinquent or status offenders.
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Aftercare
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The variety of therapeutic, educational, and counseling programs made available to juvenile delinquents after they have been released from a correctional facility.
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Aging Out
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Criminal activity declines with age.
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Age of Onset
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The age at which a juvenile first exhibits delinquent behavior.
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Child Abuse
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Mistreatment of children by causing physical, emotional, or sexual damage without any plausible explanation.
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Child Neglect
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A form of child abuse in which the child is denied certain necessities such as shelter, food, care, and love.
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Youth Gang
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A self-formed group of youths with several identifiable characteristics including a gang name and other recognizable symbols, a geographic territory, a leadership structure, a meeting pattern, and participation in illegal activities.
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Purpose of Sentencing
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- Deserved infliction of suffering on evil doers.
- Prevention of Crime. |
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Intensive Probation
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A form of probation that requires a defendant to be more closely supervised and to meet additional conditions not expected of those on regular probation.
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