Crj Exam 3

Front 1

Sanction

Back 1

a measure intended to punish past nonconformity and ensure future conformity

Front 2

4 Goals of punishment/ Criminal sanctions

Back 2

Retribution, Deterrence, Incapacitation, Rehabilitation

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Retribution

Back 3

punishment inflicted on a person who has harmed others and so deserves to be penalized

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Deterrence

Back 4

Assumes that crime is a rational choice, and we have free will to decide whether to engage in crime or not

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Incapacitation

Back 5

Depriving an offender of the ability to commit future crimes against society, usually by detaining the offender in prison

Front 6

Rehabilitation

Back 6

The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

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4 Forms of criminal sanctions

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Incarceration, Intermediate sanctions, Probation, Death

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Intermediate sentences

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A period, set by a judge, that specifies a minimum and a maximum time to be served in prison. After the minimum is met, eligible for parole.

Front 9

Determinate sentences

Back 9

A sentence that fixes the term of imprisonment at a specific period.

Front 10

Intermediate sanctions

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Punishments that are less severe/less costly than incarceration, but are more restrictive than traditional probation

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Probation

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A sentence that the offender is allowed to serve under guidance and supervision in the community

Front 12

Death

Back 12

31 states have the death penalty, also federal gov’t.Michigan abolished it in 1846

Front 13

Death Penalty: Constitutional Issues

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8th Amendment: Cruel and unusual punishment.. Death penalty cannot be used if the crime was committed by an individual under the age of 18

Front 14

Death Penalty Costs

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$2 million to execute more than life-in-prison

Front 15

What influence judges sentencing?

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Administrating context of courts, Attitudes and values of judges, Pre-sentence Report, Sentencing guidelines

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Administrating context of courts

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Misdemeanor, Felony

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Attitudes and values of judges

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Blameworthiness of the offender, Protection of the community, Practical implications of the sentence

Front 18

Pre-sentence Report

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Prepared by the probation officer... Background, criminal record, job status, mental condition

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Sentencing guidelines

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Tell judges expected sanctions for certain offenses.

Front 20

Corrections

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The variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses.

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Corrections model

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Rehabilitation model, Community model, Crime control model

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Rehabilitation model

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Emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

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Community Model

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Based on the goal of reintegrating the offender into the community

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Crime control model

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Based on the assumption that criminal behavior can be controlled by greater use of incarceration and other forms of strict supervision

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Correction systems in the US

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Federal corrections systems, State corrections systems, Private prisons, Jails

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State corrections

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Community Corrections, State Prison Systems, State Institutions for Women

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Private prisons

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Both federal and state private prisons8% state 16% Federal$1 billion yr

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Jail

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Capacities vary13 million inmates over a year

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Hands-off policy

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The belief that judges should not interfere with the administration of correctional institutions

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Constitutional Rights of Prisoners

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First Amendment: Access of reading material, mail censorship

Fourth Amendment: Search and seizures justified if reasonable to maintain security

Eighth Amendment: Cruel and unusual punishment

Fourteen Amendment: Equal Protection, due process

Front 31

Parolees

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Parolees can be made to agree to be subject to warrantless searches [Samson v. California (2006)]

Parolees facing revocation (return to prison) must be given due process [Morrissey v. Brewer (1972)]

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3 Types of incarceration approaches

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Custodial, Rehabilitation, Reintegration

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Custodial

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Emphasize: Security, Discipline, OrderPunishment Goals: Incapacitation, Deterrence, and/or RetributionTypical in maximum-security prisonsWarden has high authority

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Rehabilitation

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Emphasize treatment programs to help prisoners address personal problems and issues that led them to commit crimesPunishment Goal: RehabilitationSince rehabilitation is top priority, functions like security exist only to help serve the goal of rehabilitation.Treatment staff have high statusFew prisons conform to this model today.

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Reintegration

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Emphasize maintaining the offender’s ties to family and community as a method of reform, recognizing that the offender will be returning to society. Punishment Goal: RehabilitationThese prisons gradually give prisoners more freedom and responsibility

Front 36

Correctional Officers: Roles

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Many roles (counsel, supervise, protect, process inmates)Job requires formality, which is hard to maintain when COs are in close contact over long periods with inmates

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Correctional Officers: Recruitment

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Not a popular job (low pay, boring, little career advancement)Why do it?COs say: financial security; one of few jobs available (especially in rural areas) ; & desire to help people.Salaries now increasing due to demand (prison growth)Increased efforts to hire women, minority COsCOs undergo Pre-service Training (640 hours in Michigan)

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Correctional Officers: Use of Force

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Five situations in which use of force is legally acceptable:1.Self-defenseIf officer is threatened with physical attack, may use level of force that is reasonable to protect themselves from harm2.Defense of third personsOfficer may use reasonably necessary force to protect inmate or another officer3.Upholding prison rulesIf prisoners don’t obey, can use force to maintain safety and security4.Prevention of a crime5.Prevention of escapes

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The Imprisonment Boom

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1 in 100 Americans were jailed by 2008

Crime has mostly decreased since 1991

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The inmate code

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Values and norms of the prison system that define inmates’ idea of the “model prisoner.”Varies for women prisoners

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Ways new male prisoners adapt

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doing time

gleaning

jailing

disorganized criminal

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Prison Rape

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in 2008, 217,000 prisoners were raped2003: Congress passed the Prison Rape Elimination actSome prisoners sue, but a lot do not have access to courts

Front 43

Community corrections

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probationintermediate sanctions

Front 44

Community corrections: Assumptions

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Many offenders’ records are not serious enough to warrant incarceration.Community supervision is cheaper than incarceration.Rates of recidivism no higher for community corrections than incarcerationEx-inmates need support and supervision to adjust to life “outside.”

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Intermediate Sanctions: Administered by Judges

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Fines paid by stateGov seizure of property

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Intermediate Sanctions: Administered in the Community

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Home confinement Community serviceday reporting center

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Intermediate Sanctions: Administered in Institutions and the Community

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Bootcamps

Front 48

Prisoner Reentry

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Limited period of supervision whereby an inmate either moves to full liberty in the community, or returns to prison for committing a new crime (or for violating the terms of parole).

Front 49

Prisoner Reentry: Why should we care?

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Budget cutsThose who cant succeed may reoffend, placing us at risk of victimization

Front 50

Parole

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Conditional release of an offender from incarceration, but not from the legal custody of the state.

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Parole based on 3 concepts

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Grace, contract, custody

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Reentry

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since 1998, 600,000 ppl a yr are released from prison2/3 of all reentered are arrested thing 3 yrs (RECIDIVISM)Most prisoners are released

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4 types of release mechanisms

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expiration release, mandatory release, other conditional release, discretionary release

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Collateral consequences

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When laws and policies are enacted that restrict persons with a felony conviction (often convictions for drug offenses)

Front 55

“Ban Box Movement”

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Remove conviction history question from applications

Delay background checks until later in hiring

19 States and many cities/counties have adopted; 7 States apply law also to private employers

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Some problems with reentry

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Individual problems may not be addressedThose released often return to disadvantage communities

Reactions from friends and family

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Revocation of parole

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Parole revocations are very common

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Parolees can return to prison for:

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New arrests

Technical violations of parole