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64 Cards in this Set

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Prison subculture by Sykes and Messinger
inmates form a subculture as a prelfection and accommodation of their suffering, deprivations, and pains.
The underground economy
exsistance of formal and informal economic systems in prison. Formal- inmates work in the kitchen or do laundry for modest wages. Informal – exchange of contraband like weapons, drugs, alcohol, money used to bribe inmates or staff
Why prisoners use gangs
for physical protection, share goods such as cigarettes which only needy gang members may use, sense of family
Outcasts in prison
inmates view those convicted of sex offenses, (rape/molestation) and snitches as outcasts
Crime Clock
By the FBI, shows crimes and their frequency
Clock distorts crime by
Not taking into account population so as population increases crime increases but the rate may differ
Crimes do not occur every few seconds or minutes
Only street crime is included
Intellectual framework
Involves 3 overlapping conceptual areas
Theories of crime: what we believe causes crime 
Ideologies of corrections: objectives of a cj system 
Strategies of sentencing: how to deal with offenders and what the goals of intervention are
social forces
POLITICS
SOCIAL CLASSES, POLICIES
ECONOMICS
FINES, LABOR, ASSET FORFEITURE
RELIGION
MORALITY, RATIONAL AND JUSTIFICATION, PENITENCE
TECHNOLOGY
SURVEILLANCE, TORTURE, DEATH
William Penn
Reaction to harsh and humiliating punishments: reform in 1682:
Restricted the death penalty
Replaced corporal punishments with fines, labor, imprisonment
Combined humanitarian reform and rehabilitation with deterrence
The Great Law
All eligible for bail
Double damages if wrongfully convicted
Free food and lodging in prison
Double restitution to victims
House of detentions instead of stocks, etc.
In effect until Penn’s death in 1781
Then Anglican Code reinstated harsh penalties and expanded capital offenses including for witchcraft (religious influence)
Colonial America
Accepted crime as part of society
Did not expect to reform or eradicate crime
Religious idea of crime and sin
Jail used primarily to detain people awaiting trial but not punishment itself
Banishment used for repeat offenders
Newgate Prison
Abandoned copper mine, Makeshift prison
Violent, orgies, overcrowding, Iron fetters and forced labor, Harsh sentences
Political prisoners
Men, women, and children all together
Religious, economic, politics, and work ethic were some social forces
Walnut street jail
At first harsh conditions, orgies, no segregation of sexes or ages
Reformed to be more humane, only used for convicted felons, religious meditation, silence, segregated as to sexes, free and adequate housing/food…later work provided
Became overcrowded and then had violence and riots
The Jacksonian Era
1830s: President Andrew Jackson redefined insanity, crime, and poverty as critical social problems to be addressed by institutions to be used as a first resort to address these problems
Looked into causes of crime: looked to social and external forces instead of religious and internal forcesConfinement necessary to protect the offender from corrupting influences of society
Pennsylvania
Solitude and separate confinement, idle, contemplative
But costs impelled them to initiate piece work inside the cells
Auburn
Congregate but silent
Work but silent
Quasimilitary
Elam Lynds: corporal punishment to break spirits
Reformatory Era
1870-1910
American Prison Congress: see page 53
Elmira Reformatory: academic and vocational programs
Quasi-military institution
Northern v Southern
Industrial use of prisoners’ labor in the north: contract system
Agricultural use of labor in the south: lease system
Critical Interpretation
Rothman: Social Disorder and penal discipline, institutions are viewed as the primary response to social problems
Foucault: extension of state power, punishment secret and hidden to avoid public sympathy for offenders
Ignatieff: industrialization and social disorder, economic hardship and transformation of class relations
Economic Determinism: Adamson, Melossi and Pavarini, Rusche and Kirchheimer, punishment tied to economic ups and downs
maslow
heirarchy of needs. Physiological
Safety
Social
Self-esteem
Self-Actualization
MERTON’S
5 modes of adapting to strain caused by the restricted access to socially approved goals and means
Goals: socially approved or antisocial
Means: legitimate or illegitimate
Conservative Perspective
Oldest tradition, based on social contract
Prior to the Enlightenment: formal legal harsh retributive punishment
After the Enlightenment less barbaric punishments adopted
Utilitarian approach emerged
Punishment is to discourage criminal behavior
CLASSICAL SCHOOL
BECCARRIA: IDEAS OF UTILITY AND DETERRENCE
GUIDELINES TO AVOID CAPRICIOUS AND INHUMANE PUNISHMENTS
LAWS CONCERNING PUNISHMENT CLEARLY WRITTEN, CERTAINTY OF IMPOSITION, AND SWIFTLY IMPOSED
ADMINISTRATIVE AND LEGAL CRIMINOLOGYHUMANS MOTIVATED BY FREE WILL
BENTHAM: HEDONISTIC CALCULUS
CONSCIOUS AND RATIONAL CHOICE
Codes focus on act, rationale focus is on offender
Focus on act: uniform codes, consideration of circumstances not important
Deterrence v Econometric
Announcement effect: lasts for a period before and after but then returns to previous levels
Empirical or faith? No real empirical evidence to support deterrence theory
Fails to account for differing motivators, impulsivity, opportunistic aspects of crime
Assessment of Conservative Perspective
Ignores external forces of crime
Narrow minded proponents who accept untested theories of human nature
Sweeping generalizations
Dominated policy in the last 30 years
Prison boom and imprisonment binge
Little impact on crime
LIBERAL PERSPECTIVE
POSITIVIST SCHOOL, USE OF SCIENTIFIC METHODS
BEHAVIOR AFFECTED BY PERSONAL CHARACTERISTICS AND SOCIAL CONDITIONS: BIOLOGICAL, PSYCHOLOGICAL, SOCIOLOGICAL
IDENTIFY TYPES OF PEOPLE WHO COMMIT CRIMES AND REMOVE THEM: REHAB, INDETERMINATE SENTENCE
JUST DESERTS
PAY AS YOU GO – RETRIBUTION
HARM REDUCTION ON ALL CONCERNED, REINTEGRATE OFFENDER
RESTORE VICTIM AND OFFENDER
REPARATION TO VICTIM AND COMMUNITY
COUNTER ATTACK of just deserts
IRRATIONAL “GET TOUGH” EXPOSED
CARE ABOUT VICTIMS
OPPOSE PRISON CONSTRUCTION
OFFENDER RIGHTS
OPPOSE DETERMINATE SENTENCING
REAFFIRM REHABILITATION
WORK ETHIC
RELIGION
CRITICAL PERSPECTIVE
CRIME RESULTS FROM SOCIETAL STRUCTURE
CAPITALISM SUPPORTS VAST INEQUITIES
INDIVIDUALISM AND MATERIALISM
EXPLOITATION OF WORKERS
GREED OF POOR CRIMINALIZED BUT NOT GREED OF RICH
THEMES OF CRITICAL CRIMINOLOGY
MOVE TO SOCIAL JUSTICE IDEOLOGY
PROTECTION OF FUNDAMENTAL HUMAN RIGHTS
HOUSING
EMPLOYMENT
FOOD
EDUCATION
HEALTH CARE
Theme: morality for women prisoners
If deviant viewed as more depraved than males and fostered more intense forms of social control
Colonial America: fidelity, obedience, adultery, mostly women punished while men were punished for not controlling their wives
Prisonization
Clemmer (1958) factors leading to completion of the prisonization process
Long sentence (but find a curvilinear effect --U shape)
Unstable personality
Few outside positive relations
Ready to integrate into prison groups (but many groups within prison)
Acceptance of group mores (but orientation of institution affects mores of inmates: rehab, treatment, warehouse)
Placed with similar others
Ready to participate in gambling, abnormal sex, and other behaviors
Deprivation
Deprived of basic needs creates frustration, pressure and strain.
Importation
pressure in prison more to do with characteristics of inmates
Ideas, attitudes, values, behaviors imported from the streets
Early prisons
Women not segregated from men at first: suffered sexual abuse
Women still suffered sexual exploitation from male guards when segregated
Elizabeth Fry: earlier reformer, focused on work, training (sewing and laundry), routine, femininity (manners and etiquette), female guards (role models of womanhood), and religious instruction
Cycle of Juvenile Justice
Juvenile crime viewed as unusually high
Officials must choose between harsh and nothing
Juvenile crime viewed as unusually high
blamed on force choice
Juvenile crime viewed as unusually high
Blamed on lenient treatments
Major reforms introduce lenient treatments
Creates middle ground between harsh and nothing
Myths of juvenile justice
Of progress: delinquency worse in the past
Nothing changes: delinquency about the same
Good old days: delinquency was less serious in the past
Unchanging aspects
Juveniles, especially males, commit more crimes than other groups
Some laws only for juveniles
Juveniles receive less serious punishment
Juvenile crime wave at the present time
Blame juvenile justice policies for the crime wave
First Juvenile Institution NY 1825
Many held in House of Refuge to prevent them from becoming paupers
Sent to work in the West as indentured farm workers until they reached 21 years of age
>50,000 youth transported without parents knowledge of their whereabouts
Ex parte Crouse 1838
Mary Ann in danger of becoming a pauper
Court held she was being helped not punished
Good intentions of those in charge
Parens patriae
First Juvenile court
1899 Illinois
Extension of the social welfare system
Child savers: helping children or social control of lower classes?
Kent v United States 1966
Juveniles entitled to a hearing and legal counsel when a waiver to adult court is considered
Attorneys have access to social service records
Reasons must be given to waive a case
In re Gault 1967
Notice of charges
Right to counsel
Right to confront and cross examine
Privilege against self incrimination
Right to transcript of proceedings
Right to appeal
Processing
Police: discretion, arrest, warn, lecture, take to station, refer to diversion program
Petition and intake: referred to court by police, victim, parent, school personnel, social worker
Petition allows court to assume jurisdiction over the juvenile
Screening, prelim assesment
Detention: parent, guardian, group home, juvenile facility
Adjudication and disposition: judge decides merit of the case, then decide what to do: dismiss, reprimand, fine, community service, restitution, probation, refer to another agency
percent increase among women drug offenders by race
a 241% increase for white women
a 328% increase for Latina women
A 828% increase for African American women
code of hammauabi
an eye for an eye and a tooth for a tooth. among the first legal codes. lex talionis
Cesare Beccaria
wrote on crimes and punishements. condemned the church b/c he dissaproved harsh punishement. advanced the idea of certainty and swifteness of punishment. became known as classical school using concpet of free will
Jeremy Bentham
wrote an introduction to the principlas of marls and legistalion. emphazied free wqill. theorys assumed that humans are motivated by PLEASURE and abiod PAIN. designed the panopticon
panopticon
designed by bentham. "inspection house". had a cloumn inn the center of the floor paln to serve as an indoor guard tower. cells arranged in a circular format facing the guard tower. inmates are constantly wathced.
positivism
scientific investigation of the crime and the offender. Lombroso. application of scientfic produces to find the cuases of crime.
leasing system
private contractors paid state governments for use of inmates, forcing prisoners to work on plantations and levee and railroad construction. predominatly souther
contract system
purchase of hourly labor. norhern sytle factory-prisons. inmate remained incarcerated wihile manufacuring such goods as shoes, nails and other items to be sold on the opne markset.
penitentary act
elimination of fees, regular inspection of prisons and jaisl. provsions of sanitarty and healhful facilities emphasis on the reformation of inmates.
Samuel Walker theology
deterrance is a crime contorl theology. deterrance is accepted as an article of faith insted of being supported by empricial facts. certain forms of punsihement can discourage certing types of crime
Galley Slavery
popualr mehtod of punishemed designed to exploit physical lavor in the form of oarsmen for vessels.
Fuedalism
a social, economic and political system with obedience and service its primary conerstones. theological social order that wzas stuctured according to a strcik hierarchy. society was arranged according to the will of god. punsihment is ment ot help preserve the social order so nobody was will but fined or beaten
social sanitation
sweeping the undesirables form the streets into workhouses out of public view. they were plaghed with disease violence sexual assualts. men, women, sick , healthy all together
middle ages
hieracrchical social sturcture. excessive and brutal measure of social control. ordeals- guilt or innocene determined by ability to aviod injury. whitchcraft, physical labor
enlightenment
mid 18th century. voliare, montesquie. chruchy. goal of deterrance by ensuring certainty and swfitness of punishement beccaria. age fo reason. utilarian approach. deterrance.
relgion
affected punishement and view that they were sinners.
parens patriae
parent of the country. state acts in best interest of the child
house of refuge
1st in NYC. fucntions more as a porhouse. prevent youtsh form becoming paupers. juveniles were foten sent west to the newly settled states lke ohio.
pseudo family
social relationships that resmelbe families. roles that include father mother and daughters. emotional support.
chivalry factor
the male domiate crimial jsutice system treats women offerend differently form mmen. protects and sometimes excuses women
early instilling of feminism
elizabeth fry. teching femal inmates manoers and etiqueete. women wardens to serve of role models. deocrating curtains and flowers