Law And Psychology

Front 1

1. During the colonel period how were Americans sentence?

After Independence how did this change?

What was the judges main task at this point?

Back 1

They were at the discretion of
English judges (unsympathetic)

State legislatures restricted judicial discretion. Laws generally specified the penalty for each offense

Preside over trial

Front 2

2. What is the transition of sentencing power?

What does this represent about the publics belief about the purpose of sentencing?

Back 2

Sentencing has transitioned from fixed penalties to allowance for judicial discretion to actual determination of sentencing length by parole boards

Shows we believe that sentencing has less of a punitive function and more of a rehabilitation goal

Front 3

3. What are the six goals that sentencing of criminals is designed to serve?

Back 3

1. Individual deterrence: keep person from committing future crimes
2. General deterrence
3. Incapacitation: ensures felon will not commit crime
4. Retribution: felon won't benefit from law violation
5. Expression of moral outrage
6. Rehabilitation

Front 4

4. In how many states does the jury make the decision about sentencing?

Back 4

Seven states

This is for some or all non-capital crimes

Front 5

5. What are the six sentencing options available to judges?

Back 5

1. Suspended sentence: released and under court supervision (judge can still impose sentence if necessary)
2. Probation
3. Fine payable to government
4. Restitution to victim
5. Imprisonment
6. Capital punishment

Front 6

6. How long are people imprisoned for misdemeanors?

How about for felonies?

Back 6

Misdemeanor: less than a year

Felony: excess of a year and usually state prison

Front 7

7. What is the major criticism leveled at judges?

What is this called?

Back 7

Their sentencing decisions are inconsistent from one judge to another

"Sentencing disparity"

Front 8

8. Why does sentencing disparity receive publicity?

Back 8

It is much easier to quantify the existence of disparity at the sentencing stage than at the arrest and prosecution stages

Front 9

9. What did a study by Partridge and Eldrige that gave 50 federal judges an identical set of 20 cases show?

Back 9

"Glaring disparity" in judicial sentencing

Front 10

10. How can we see that recently there has been a trend toward limiting judges' discretion in sentencing decisions?

Back 10

Some states have mandatory sentences for certain crimes

Some states have a
"presumptive sentence" for each offense

Front 11

11. What is a presumptive sentence?

Back 11

This presumptive sentence, fixed by the lefislature, would be the sentence imposed on the typical first offender who committed the crime in a typical manner

Under extraordinary circumstances judge can depart from sentence if write reason

Front 12

12. With both presumptive sentencing and sentencing guidelines, what is the focus on?

Back 12

The ordinary case!

A written explanation is required only in the exceptional state

Front 13

13. What legal and constitutional questions may sentencing guideline cause?

Back 13

Due process

Cause problems in administering complex statues

Greater crowding in prisons b/c there would be longer sentences

Front 14

14. Why does disparity exist in sentencing?

Back 14

Combination of lack of communication and ambiguity of the purpose of sentencing allows for extralegal and psychological considerations creating sentence disparity

Front 15

15. In the sentencing decision what is the act, who is the actor, the observer, and the disposition in question?

Back 15

Act = crime found guilty of
Actor = defendant
Observer = judge
Disposition in question = criminality of defendant

Front 16

16. Because time is limited what do judges rely on in their attribution-making task?

Back 16

Stored info about characteristics of certain types of cases and criminals who are likely to commit certain crimes

Stored info is "causal schema"

Front 17

17. What three things influence the judges attribution of criminality to the defendant?

Back 17

1. Information from pre-sentencing report (most of the info used to assign disposition comes from this)
2. Characteristics of judge
3. Information from personal observation

Front 18

18. What is included in the pre-sentencing report?

Back 18

1. Description of original charges
2. Final charges defendant was found guilty of
3. Defendant's general background
4. Evaluation of defendant's chances for success on probation
5. Sentence reccomendation

Front 19

19. Who writes the pre-sentencing report?

What percent of cases use some type of pre-sentencing report?

Back 19

Written by probation officer assigned to the court

85% use one (only 1/4 of states require one)

Front 20

20. What are the six factors that affect the pre-sentencing report?

Back 20

1. Severity of Crime
2. Type of Victim
3. Defendant's Prior Record
4. Status during Trial
5. Defendant's Plea
6. General Attractiveness of Defendant

Front 21

21. What is the primary factor in the pre-sentence report?

Why?

Back 21

Crime to which defendant was found guilty of or plead guilty to

More several the crime, the more likely criminal is judged responsible for the crime - must have criminal disposition since there are strong inhibiting forces for sever crimes

Front 22

22. How can the way a crime was committed affect attributed responsibility for the crime?

Back 22

Multiple offenders of a crime may diffuse the responsibility of any one offender and therefore the offender might receive less punishment

Front 23

23. What three factors about the nature of the victim are related to perceived criminality of the defendant?

How do these affect sentencing?

Back 23

1. Specificity of the victim (identifiable person v public)
2. Personal contact between offender and victim
3. Extent of bodily harm

More specific the victim, the more severe the sentence

Severe sentence if no prior relationship

Crimes that included bodily harm received higher penalties (esp if harm was primary motive)

Front 24

24. What is another aspect of the victim that likely influences the judge's attribution?

Why?

Back 24

Defenselessness of victim

More blameworthy if victimize someone perceived defenseless (child, old, etc)

They are less likely to provoke the criminal act and do not deserve the fate of being victimized (as compared to someone who is not defenseless)

Front 25

25. What did an observational study about the relation between the victim's characteristics and actual sentence to defendant find?

Back 25

Victim's age, ethnicity, appearance, demeanor, and sex did not significantly affect defendant's sentence

Overall impression reflected in judge's reaction to victim did correlate with sentence (i.e. more favorable impression, longer sentence)

Front 26

26. What did a questionnaire study using college students as subjects show about influence of victim's characteristics on sentencing?

Back 26

1. Longer sentence to defendant when victim of car accident was of higher status
2. Blamed married or virgin more for rape than divorced woman BUT longer sentence if raped married woman

Front 27

27. What two actions may the subjects have taken when the crime was severe and ambiguous such as rape?

Back 27

1. Blame victim for crime saying it could never happen to me

2. Recommend more severe sentence maybe to prevent offender or deter others

Front 28

28. How does the defendant's prior record affect sentencing?

What do judges focus on about the defendant's prior record

Back 28

Prior conviction, infer
criminal disposition -> less likely to get probation sentence and more likely to get severe sentence

Judges focus on prior felony convictions primarily and success/failure on probation if applicable

*Also look at drug use, addiction to narcotics is seen
as bad risk for probation

Front 29

29. How does the defendant's status before and during trial affect sentencing?

Back 29

Sentence leniency is highly correlated w/ having been released on bail

Criteria used for bail setting are similar to those used for sentencing decision

Front 30

30. Why does status before and during trial affect sentencing?

Back 30

1. May crime was less severe for those released on bail or ROR (BUT even when controlled for severity of crime, pre-trial status had effect)
2. Attribute more trustworthiness to those released on bail or ROR (not under external constraints like those in prison)
3. Probation that interviews accused in jail will be more aware of cues assoc w/ criminality b/c of atmosphere (also person in jail would have neg attitude which would reflect in interview)

Front 31

31. In what other way can the jail setting influence probation officer's reports?

Back 31

If female officer interviews male defendant in jail - going
to be negative experience (reactions of inmates) so guy will be more negatively evaulated

Also, remember that study by Rosenhan that sent docs into psy ward saying they were schizo but then acted normal but still were treated as insane - similar idea w/ jail setting

Front 32

32. How does the nature of the defendant's plea affect attribution to their disposition?

Back 32

Some say guilty plea is sign of change in disposition esp if there are inhibiting causes against the plea (i.e. retaliation from others)

Front 33

33. Other than showing a change in disposition, how can the nature of the defendant's plea affect their sentencing?

Back 33

Judges feel if you plead not guilty you're burdening them and the tax payers so you should be punished more for creating added expenses

If plea, most judges are more lenient based on the exchange model

Front 34

34. Based on studies with college students how did the general attractiveness (pos and neg traits) of the defendant affect sentencing?

Back 34

Regardless of level of incriminating evidence if...

Negatively characterized, received most punishment

Neutral, less than negative but more than positive

Positively characterized, least severe punishment

Front 35

35. What are the four things the judge personally observes about the defendant?

What limits the amount of reliable info they can obtain?

Back 35

Race, Sex, Age, and Physical Attractiveness

-Most defendants plead guilty so judge sees them for 10-15 minutes
-Even if go to trial, limited to visual cues if defendant doesn't testify
-Even if defendant does testify may not give reliable pic of self b/c of stress from trial

Front 36

36. What are some findings about the defendant's race?

Back 36

Some studies show blacks are given shorter sentences than white in homicide cases but longer ones than white in other cases

Presumably, blacks commit murder against other blacks but property crimes against whites

Front 37

37. What three things does Hagan suggest for interpreting the results of these race studies?

Back 37

1. Caution in interpretations without further research controlling for prior convictions
2. Differentiate between statistical significance (influenced by # of cases of study) and substantive significance (strength of relationship)
-he should relationship to be substantively weak
3. Differences in race sentencing in capital cases should be viewed critically b/c these differ in many ways from non-capital cases

Front 38

38. What might be a better way to describe the influence of race?

Back 38

Race indirectly affects sentencing in that blacks and other minority group members are more likely to be arrested and prosecuted so they are more likely to have a criminal record

Front 39

39. How does the defendant's sex affect sentencing?

Are these results conclusive?

Back 39

Generally, women receive smaller fines, less severe sentences, and more likely to be put on probation

There is insufficient evidence
to conclude that sex has an independent effect on sentencing decision

Front 40

40. How does the defendant's age affect sentencing?

Why is this?

Back 40

Younger offenders receive lighter sentences (don't know if effect is independent of other factors)

Because...
1. Likely to have shorter record
2. Reluctant to expose youth to destructive environment of prison
3. Better chance of rehabilitation

Front 41

41. What factors compose the defendant's "rehabilitation potential"?

Back 41

1. Age (most prominent)
2. Family stability and support
3. Employment stability and skills
4. Education

Front 42

42. What did an observational study of real criminal defendants find about attractiveness and sentencing?

How does this finding relate to why defendants in jail awaiting trial get more severe sentences?

Back 42

More attractive, given less severs sentence

Those in prison awaiting trial
are more likely to be unshaven, unwashed, unkempt, and unhappy

Front 43

43. What did a study using college subjects show about attractiveness, type of crime, and sentencing?

Back 43

When crime was unrelated to attractiveness (burglary), more lenient to attractive defendant

When crime was related to attractiveness (swindle), harsher sentence for attractive person (attribute criminal disposition)

Front 44

44. How do the characteristics of the judge affect sentencing?

Back 44

1. Authoritarians recommend more severe punishment (found w/ college kids as subjects)& were more influenced by their similarity to defendant
2. Using the locus-of-control construct, internals are more likely to hold person responsible & apply sanctions

Front 45

45. What have some studies shown generally about which judges give longer sentences?

Back 45

1. Republicans longer than Democrats
2. Protestants longer that Catholics and Jews
3. Members of Bar Assoc longer than non-members
4. Former DAs longer than defense attorneys

Front 46

46. What did the study by Carroll and Payne reveal about the sentencing consequences of certain causal attributions when using college students?

What happened when they repeated the study using parole-board members as subjects?

Back 46

1. Attributions to internal causes led to higher rating of crime severity and responsibility and to longer prison sentences
2. Attributions to stable causes, higher rating for criminality, expectation for recidivism, and responsibility (wanted to remove from society so longer sentences)

Dimensions of stability and locus-of-control were unrelated to prison length

Front 47

47. With whom do judges engage in social exchange relationships with?

Back 47

1. Probation Officers
2. Defense Counsel
3. Prosecutor
4. Community
5. Peers
6. Other Defendants

Front 48

48. Who is the most important advisor to the judge at sentencing?

Do judges see their recommendations as important?

Back 48

Probation Officer

Agree about probation 90-99% and agree about imprisonment 68-93%

When defendant had prior record, judge agreed w/ PO 93%

Importance of recommendation was unrelated to actually observed agreement

Front 49

49. Why is there a high percentage of agreement between PO and judge?

Back 49

1. Court "follows" recommendation of PO b/c has high regard for competency of probation staff
2. There are many offenders who are "obvisouly" probation or prison cases
3. PO gives recommendation he or she anticipates court desires
4. PO places emphasis on same factors as does the court in selecting a sentencing alternative

Front 50

50. How exactly is there an exchange relationship between the PO and judge?

Who has more power in the relationsip?

Back 50

PO controls a valuable commodity (pre-sentence report) b/c it saves the judge
time

In return, judge feels somewhat obligated to accept PO's recommendation

Judge - he can ask not to have
certain PO write report & in federal system PO is hired by judge

Front 51

51. On which do judges place more value, the pre-sentence report or character witness testimony?

Why?

Back 51

Pre-sentence report

Such witnesses are motivated by desire to present defendant
in most favorable light rather
than an objective picture

Testimony of witnesses is discounted b/c of the presence
of other facilitative causes

Front 52

52. How much of an exchange relationship does the judge have with the prosecutor?

What does each supply?

Back 52

Prosecutor has central role in advising at bail setting decision but minor role in sentencing decision

Prosecutor provides info about
prior record and outline of facts from case

Important consideration in judges' exchange is amount of crowding in entire system

Front 53

53. Why does the pressure to reduce overcrowding in prisons
not always result in fewer inmates?

(Three reasons)

Back 53

1. Judges are not always (or even usually) sympathetic problems engendered by over crowding
2. In many jurisdictions at least some term of imprisonment is fixed by statue
3. Public opinion would not like felon getting probation b/c there is over crowding

Front 54

54. How does the judge engage in social exchange with the community?

Back 54

Trial judges are usually elected

So, sentencing decisions usually reflect attitudes of the community where court is

Front 55

55. How does the judge engage in social exchange w/ peers?

Back 55

Rewards given by peers are social (approval, prestige, and respect)

Possibility of appeal is very important in judges' behavior (if reversed its like being corrected in front of all)

Front 56

56. How else are judges measured by their peers?

What's the difference between quality and hanging judges?

Back 56

By the number of cases the judges process

"Quality Judges": dispose a relatively large # of cases (impose reasonable sentences)

"Hanging Judges": dispose of fewer cases and are seen as less competent than "quality judges"

Front 57

57. Who does the judge have to restore equity between?

How can inequity be resolved between defendant and victim?

Back 57

Restore equity in:
1)relationship bwt defendant and victim
2)relationship bwt defendant and society

Victim: restoration of actual equity or restoration of psychological equity

Society: range of sentencing (probation, fines, imprisonment - restore actual equity)

Front 58

58. Besides restoring equity what other considerations do judges take into account?

Back 58

Conception of fairness are guided by the needs rule rather than the contributions rule

Also, dependence of defendant's family on the defendant is factor in sentencing

Front 59

59. How can psychological equity be achieved?

Back 59

1. Derogation of the victim
2. Minimization of victim's suffering
3. Denial of the defendant's responsibility for the act

*equity through psychological means almost always implies that the judge will show greater leniency in sentencing

Front 60

60. How is there an exchange relationship between the defendant and other defendants?

Back 60

Judge would want to treat similar defendants in terms of crimes committed and rehabilitative potential in similar ways

College students recommended less imprisonment when accomplice escaped from custody than when accomplice was in custody

Front 61

61. Prisons

Back 61

Chapter 8

Front 62

62. What do all prisons have in common?

How many offenders are housed in the American prison system?

What is the median age and what percent is male?

Back 62

All have:
-expensive physical facility
-convicted people who want to leave
-much smaller number of guards

320,000 offenders

Median age of 30

96% are male

Front 63

63. Before the 19th century what were the two most common forms of punishment?

What else would they do?

Back 63

Fine and whip

Use stock holds for minor crimes, also would brand the flesh or make offender wear a letter on chest

Capital punishment was the solution if none of the above deterred person from committing more crimes

Front 64

64. What were jails used for initially?

Why were they used to punish criminals? (Two reasons)

Back 64

Used to hold people before & during trial, those awaiting sentencing, and those unable to pay debts

1) A number of alternative punishments beside jail were available
2) They were not intimidating b/c they resembled household arrangements & were easy to escape from

Front 65

65. What were the two opposing designs of prisons in the 19th century?

Recently, what have the Federal Bureau of Prisons and a few states built?

Back 65

1. Eastern State Penitentiary:
separate and solitary confinement (never left area or saw anyone except minister)

2. Auburn Penitentiary: cells were built back to back, each facing a corridor. Large rooms outside cells for meals and work activities

"Open prisons": designed for inmates who are min. security (bars are absent)

Front 66

66. What was the philosophy behind the design of the Auburn Penitentiary?

Which system was used in most subsequent prisons and why?

Back 66

Prisoners should work at hard labor to reform their character and make the prison economically sound

Auburn design b/c it was cheaper to build

Front 67

67. Where were the first penitentiaries built?

Where have the prisons built in the last two-thirds of the 19th century been built?

Back 67

Located in urban areas (Philly, Trenton, Baltimore, Pittsburgh, etc)

Now, placed in rural settings (isolate in remote areas)

Front 68

68. What are the two types of prisons in regards to what they are suppose to do?

Back 68

Punitive/custodial and treatment-oriented prisons

All prisons are custodial, but some are more oriented towards treatment and rehabilitation

Front 69

69. How do the two types of prisons compare?

Back 69

1. In p/c authority is based only on rank, in t-o it's based on possession of technical knowledge
2. In p/c goals are specific and measurable so there is emphasis on rules, t-o has less emphasis on rules since rehabilitation is hard to measure
3. In p/c obedience to higher ranks is important, min discretion allowed to guards, & communications are formal and restricted to commands
4. In t-o communication between employees is important
& staff's allowed to make decisions on own
5. In p/c coercion is used to bring compliance vs positive incentives are used in t-o

Front 70

70. What are some negative aspects associated w/ the position of prison guard?

Do guards like their jobs and why or why not?

Back 70

Dangerous/depressing working conditions and low prestige

Prison guards tend to like their jobs, probably since it provides them w/ better salaries & benefits than they could get elsewhere (remember most prisons are in rural areas)

Front 71

71. How is the selection process for prison guards?

Back 71

No rigorous, either just an application or interview or both

The only real firm requirements are meeting min height, weight, visions, and hearing standards

Front 72

72. What did Zimbardo and his students find when they est. stimulated prisons to test the influence of environment on the behavior of guards and inmates?

Back 72

Ended experiment only 6 days after starting b/c guards had become cruel and prisoners had become submissive/passive (one had nervous breakdown)

Prison administrators had to begun to believe they were running a prison

Strong situational factors seem to account for the way guards, prisoners, and administration act

Front 73

73. What things affect the attributions that guards make to prisoners?

Back 73

1. Fact of being an inmate
2. Ethnic stereotypes
3. Guards behavior
4. Inmates behavior (this is influenced by guards behavior)

Front 74

74. What does the fact that a person is an inmate tell the prison guard?

What kind of attribution does the guard make about the person?

Back 74

1. Fewer than 40% of ppl commit felons so this person is special
2. Locus of control is internal (determined by others)
3. Since he's in prison, it's either not his first crime or a really serious crime

Attribute stable, internal disposition of criminality since they are in prison

Front 75

75. What did one study find about how guards tend to view black inmates?

Back 75

Innately lazy, ignorant, crude, and hypersexual

Studies have also shown that people tend to recall info consistent w/ stereotypes and ignore info that is not

Front 76

76. Another investigaton found somewhat different results when they asked Illinois prison guards why there were so many minority-groups in prisons. What were the results?

Back 76

Response most often given was b/c these people are poor and lack jobs

Next response was b/c they have subculture of violence and are brought up to break laws

Then was that they choose to commit more crimes

Front 77

77. What are two reasons for why this Illinois study found different results?

Back 77

1. The CO's were under 30 and were probably less racist than older guards

2. The guards did not want to appear racist in responses

Front 78

78. What are defensive attributions?

What is a function of one?

Back 78

These are attributions guards make about inmates that serve an ego-defensive function

One function is to maintain guard's belief that he/she is superior to inmate

Front 79

79. What are some effects of guards attributing a criminal disposition to inmates?

Back 79

1. Justifies their treatment of inmates in that dominating them is seen as being for their "own good"

2. Functional strategy too b/c guards are likely to be sensitized at all times to potential violence and show authority through rule enforcement and punishment

Front 80

80. How does the guards' observational of their own behavior influence attributions?

Back 80

Self-fulfilling prophecy

1. Guards perceive inmates as having criminal disposition, treat inmates as criminals
2. Inmates in turn will act like criminals b/c they have no incentive to act any other way

Front 81

81. What is the most important source of guards' attributions about inmates?

What affects this?

Back 81

Behavior of inmate

Inmate's behavior is influenced by way guards treat
them and by the objective deprivations of the prison

Front 82

82. What is the "inmate code"?

How does this affect a guards interpretation of an inmate's behavior?

What principle of Kelley's is at work here?

Back 82

Norms of acting in prison constructed by the inmates

In an inmate conforms to the code by being hostile towards guard, guard doesn't know whether to attribute behavior to inmate code or inmate's personal hostility

Discounting principle

Front 83

83. According to the inmate code, what five things should an inmate not do?

Back 83

1. Interfere w/ other inmate's
interest
2. Start fights w/ other inmates
3. Exploit other inmates through force or fraud
4. Appear weak
5. Show respect towards guards
or the values they favor

Front 84

84. What has recent research about the inmate code shown?

Back 84

Each ethnic group has its own social organization and enforces its own norms

Front 85

85. What are some results of the "inmate code"?

Back 85

1. Each inmate has few friends in the prison
2. Convict status hierarchy based on the crime for which you were imprisoned or your behavior in prison
3. All prisoners live in a world governed explicitly by exchange relationships

Front 86

86. What other two factors reinforce that each inmate has few friends in the prison?

Back 86

1. Number of people w/ whom any one prisoner has contact with is purposely kept small by authorities

2. Companionship of thieves, rapists, murderers, and predatory homosexuals cannot be considered encouraging to productive relationships

Front 87

87. What is the general hierarchy at prisons?

Back 87

Based on crime committed at top are felons who committed crime against a person and used violence or threatened it (in all prisons, sex offenders are at bottom)

Front 88

88. How do inmates evaluate fellow inmates ability to cope w/ prison life?

Back 88

1. Their ability to take punishment w/o "breaking"
2. Their knowledge of prison life so they can live w/o being controlled by other inmates
3. Inmate's job

Front 89

89. The top echelon of prisoners have been divided into what three groups?

Back 89

1. The "politician": middle man bwt staff & inmates
2. The "merchant": obtains contraband for inmates
3. The "right guy": refuses to weaken even when severe punishment is given

Front 90

90. What are some characteristics of prison leaders?

Back 90

1. Served more time in prison
2. Have longer sentences left to be served
3. More likely to have been charged w/ crimes of violence
4. More frequently return to prison for new crimes
5. Generally have more major infractions

Front 91

91. Do prisoners and guards usually have a lot in common?

Do inmates think of themselves as superior to guards? Why or why not?

Back 91

Yes, come from same SES and number of common attitudes

Yes, inmates feel themselves to be superior to guards

Front 92

92. Why do inmates think they are better than guards?

(Four reasons)

Back 92

1. Many criminals have a strong sense of status (esp if committed notorious crime)2. Believe they are more sophisticated (since guards come from rural areas usu)
3. Feel guards are in no better position than them since guards spend all their time in the prison
4. Think that guards are working in the prison only b/c they cannot do any other kind of work

Front 93

93. What are the three reasons for why inmates support the inmate code?

Back 93

1. Believe that inmate cohesion is an important goal
2. Want other inmates to follow code or else you may be victim of fellow captive
3. A small group strongly support it but actively violate inmate code (they take advantage of others but do not want more ppl to break code or else their # would increase)

Front 94

94. Who is at the top of the prison administration?

What is one of the most important social exchange relationships prison guards have

Back 94

Warden - they translate formal policy into the directives that ensure con't functioning of prison

Guards relationship w/ administration b/c their salary and promotion possibility is dependent on pleasing supervisors/warden

Front 95

95. What did one survey of 50 administrators reveal about what they believe to be the primary goal of their institution?

Back 95

Largest group (48%) said primary goal was public protection

Next was rehabilitation (24%), other (16%), punishment (6%)

Front 96

96. What are the three stages in the ideal classification process that occurs when a prisoner first arrives at the prison?

Back 96

1. Diagnosis - gather info about inmate through interviews, psychological testing, & examining records
2. Initial classification - committee reviews info and decides on treatment program and training for inmate
3. Committee regularly reviews case, evaluates inmate's progress, and makes changes if needed

Front 97

97. In actuality what other two considerations determine how an inmate will be treated while in prison?

Back 97

1. Custody: likelihood inmate will try to escape

2. Convenience: which programs have openings when the classification decision is
being made

Front 98

98. In what ways can a prison preserve order?

Back 98

1. Formal inmate advisory committee composed of inmates that handle inmates' complaints
2. Administration meets informally w/ known prison leaders to discuss ways to deal w/ inmate grievances
3. Have powerful inmates use force against troublesome inmates

Front 99

99. How does the parole board affect the prison administration?

Back 99

1. Board directly affects # of prisoners in the prison

2. Less direct effect, if board is too conservative inmates will become indifferent to discipline b/c there is no expectation of early parole

Front 100

100. How successful is the use of violence in controlling the inmates?

Back 100

Use of punishment for obedience is ineffective

Some guards do use violence but it's only w/ small # of inmates

There are not enough guards to regularly control a prison if physical violence is used

Front 101

101. What did the Stanford prison experiments show about the use of violence?

Is this generalizable?

Back 101

Showed that physical aggression by guards increased over time despite a decrease in prisoner resistance

These results are probably not generalizable

Front 102

102. What is a punishment often used in prisons?

What are the two forms of this type of punishment

Back 102

Segregation of inmates who violate rules

1. "bus therapy" where transfer inmate to more secure prison (good for first prison, bad for receiving one)
2. Solitary confinement

Front 103

103. How can the effectiveness of solitary confinement be limited?

Back 103

Difference bwt usual status and conditions of solitary is not great

Pain of solitary is tempered by the increased prestige inmates has in eyes of others

Solitary is restricted by the limited facilities and decisions of several courts

Front 104

104. How effective is the use of incentives to control inmates?

What are the types of incentives offered?

Back 104

Incentives to follow the rules are ineffective

Types:
1. "Good time" - portion of sentence is automatically subtracted for good behavior
2. Early release by parole (not rewarded with parole, but rather if violate rules you'll be punished by not receiving parole)

*Both serve as negative incentives

Front 105

105. Why do guards enter into social exchange relations with prisoners?

Back 105

1. Inadequacy of punishment and incentives
2. They deal directly and continuously w/ inmates so cannot maintain social distance
3. Necessary for inmates to take over some of the guard's duties

Front 106

106. Why do prisoners take over some of the guard's duties?

Back 106

1. Prisons are understaffed

2. Generally there are more prisoners than there is work for them to do

Front 107

107. What develops between guards and prisoners?

Back 107

A system of accommodations develops

Common form of accommodation is for guards to selectively enforce rules

Another accommodation is for guards to allow inmates fulfillment of needs through illegal means in return for these inmates' maintaining social control over other inmates

Front 108

108. How do punitive-custodial prisons affect inmates?

What is the adaptation to this new environment called?

Back 108

Affects them negatively

"Prisonization" - the process by which a new inmate is integrated into the life of the prison

First step in this process is a change in the person's status (how they and others view themselves)

Front 109

109. What are some sources of distress for the inmates?

Back 109

1. Physical facility itself (fortress max security w/ bars
signals punishment)
2. Degree of crowding
3. Separation from family and friends
4. Anxiety over physical and emotional integrity
5. Absence of heterosexual relations

Front 110

110. What did a study by Paulus, Cox, McCain, and Chandler find about crowded conditions in prisons?

Back 110

Inmates housed in highly crowded conditions are less tolerant of overcrowding than those in less crowed condition

Prisoners in high-density housing generally had a higher rate of illness complaints

Front 111

111. What did a study by Kinzel find about violent prisoners and over crowding?

Back 111

Violent prisoners are more sensitive to physical closeness, particularly when approached from rear, than nonviolent prisoners

Front 112

112. How does the inmate's evaluation of the outcomes affect him or her?

Back 112

He suffers b/c his outcomes are below his comparison level
(what he feels he deserves)

Often feels frustrated b/c his environment exercises a great deal of control over his life

Front 113

113. How does a prisoner determine his comparison level?

Back 113

It's determined by....

1. What he received in the past
2. What he observes other prisoners receiving
3. By the outcomes guards and other staff he interacts w/ receive

Front 114

114. What does a prisoner do when he feels he is below his comparison level?

Back 114

Attempt to change situation either psychologically or behaviorally

Front 115

115. What do Thibaut and Kelley suggest a prisoner does?

How does he do this?

Back 115

Lowers his comparison level and lessens discontent

Does this by either:
1. Devaluating outcomes believed to exist in the unavailable alternative relationship
2. Decreasing salience of good outcomes in these relationships

Front 116

116. What is the distinction between "doing hard time" and "doing easy time"

Back 116

When constantly thinking about outside life and all you're missing, you are
"doing hard time"

Prisoner "doing easy time" makes these unattainable relationships less prominent

Front 117

117. What is a behavioral alternative in trying to change one's situation in prison?

Back 117

Acquire goods and services lawfully through such channels as the prison store and gifts from outside

Front 118

118. What are two problems with this legal channel?

Back 118

1. Consumption demands are often greater than the money they receive from work and outside sources

2. Many things prisoners want cannot be obtained legally

*So instead us behavioral alternative of exchanges w/ fellow prisoner or guards or both

Front 119

119. How do guards show other guards that they are ready to help them out?

Back 119

1. Display an attitude of fearlessness and toughness to prisoners and guards

2. Do not give the appearance of being too friendly w/ inmates

Front 120

120. Why does inequitable treatment of an inmate arouse a strong reaction among other inmates?

Back 120

1. Extent that inmate solitary exists

2. Unfair treatment of one inmate establishes the precedent that the guard can treat inmates unfairly

Front 121

121. Why don't victims of crime in prison report the crimes?

Back 121

1. Believe guards are reluctant to act (complaints are evidence of guards failure)
2. Gain little and considerable costs - run risk of being double victim
3. If threat of retaliation exists, the victim may have to be placed in isolation for protection

Front 122

122. Why are guards reluctant to write up incidents?

Who do they take interest in though?

Back 122

1. Overlook minor violations in exchange for following major rules
2. Overlook minor violations b/c fear major violation will occur while they're off the cell block
3. Report could call into question whether they could have acted sooner to prevent incident

"Troublemakers" transfered from another prison for disciplinary reasons

Front 123

123. What rights does an inmate have in a disciplinary hearing?

What might they lose b/c of a disciplinary hearing?

Back 123

Rights include:
1. Notice of charges against him
2. Opportunity to present evidence and call witnesses
3. Statement expressing disciplinary committee's reasons for its decisions and evidence it relied upon

An inmate might loose good time credits and have privileges revoked

Front 124

124. Why is there a bias to find an inmate guilty of the misconduct he's charged with?

Back 124

1. Many other persons have found the offender to have a criminal disposition
2. Members of hearing board are tied more in social exchange w/ guards than inmate

Front 125

125. What is parole?

Back 125

The release of an offender from a penal or correctional institution after he has served a portion of his sentence under the continued custody of the state and under conditions that permit his re-incarceration in the event of misbehavior

Front 126

126. What percent of inmates are released through parole?

Back 126

72%

Front 127

127. What does parole eligibility depend upon?

Back 127

Requirements set by statues and on the sentence imposed by the court

Felon is eligible after he has served 1/3 of sentence

Severe crime must serve 2/3 of sentence

Front 128

128. What is the first stage in the parole decision making process?

Back 128

Prison staff makes a report on the inmate

Report includes discussion of his participation in vocational, educational, and therapeutic activities, institutional misconducts, attitudes toward parole, and attitude towards crime

Front 129

129. What happens in the second stage of the parole decision making process?

Back 129

Inmate's case is passed from correctional personnel to a member of the parole staff often called a case analyst

Case analyst considers the inmate's behavior and activities while in prison, and examines inmate's parole plan for his release from prison

Front 130

130. What is the third stage of the parole decision making process?

What four functions does this stage serve?

Back 130

Parole hearing

Functions:
1. Primary focus for gathering info and making parole decision
2. Time when board can verify info in inmate's case and inmate can present his version of any facts he feels are incorrect
3. Inmate can present new info and board can request additional info
4. Gives board better understanding of person considered for parole

Front 131

131. What happens in the fourth and final stage of the parole decision making process?

What are the goals of most parole boards?

Back 131

Parole decision is made

Goals are combination of following:
1. Punish offender on basis of crime seriousness
2. Incapacitate offenders who are likely to commit a dangerous crime in the future
3. Rehabilitate offenders
4. Reinforce institutional discipline

Front 132

132. Who do the parole board agree with most of the time?

How much time does the parole board spend on average per case?

Back 132

Agree w/ recommendation of the hearing examiner probably b/c board members are usually political appointees and don't have background in correctional case works

Spend 6 minutes per case

Front 133

133. In 1939 what the Attorney General's Survey of Release Procedures say about parole practices?

How have the procedures changes?

Back 133

Parole practices are purely discretionary and rest on intuition

Most jurisdictions have not changed their procedures and still based on intuition

Front 134

134. What are parole decision makers concerned with?

Why?

Back 134

Concerned w/ cause of criminal's past behavior (internal or external)

This is b/c their major concern is w/ probability of recidivism (whether criminal behavior is likely to continue)

Front 135

135. What is the "protocol method"?

What did it find?

Back 135

It is a method were board members were asked to "think aloud" as they examine paroles case files

It was found that these decision makers frequently made casual attributions for the criminal's behavior

Front 136

136. What have been found to be good predictors of parole failure?

(Four things)

Back 136

1. Long criminal record
2. An offense against property rather than against a person
3. Youth
4. Drug and alcohol problems

Front 137

137. What does the United States Board of Parole (now called Unites States Parole Commission) use to determine appropriate parole recommendation?

Back 137

Guidelines based on two dimensions: severity of offense and probability of successful parole

Severity of offense is divided into 6 categories

Probability of successful parole is measure by an 11 point salient factor score based on nine factors (such as # of prior convictions, # of prior incarcerations, age at first commitment)

Front 138

138. Guidelines Used.

Back 138

Time served before release in months

Front 139

139. Why are these guidelines believed to be better for inmates?

Back 139

1. They are easily understood
2. Relatively prompt decisions (less inmate anxiety about uncertainty of release date
3. Means inmates don't have to enroll in vocational or educational programs to "con" board into believing they are a "normal inmate"

Front 140

140. What did a study with college students show about how people use this statistical info?

Back 140

College students, when given both base-rate info (frequency of some characteristics in population)
and case-specific info (description of one case), they tend to rely on the case-specific info even when it contradicts the base-rate info

Front 141

141. Why is it unlikely that statistical tables will not be the sole basis for parole decisions?

Back 141

1. Belief that decisions should be made individual for each criminal
2. Statistical predictions will be wrong some of the time
(even though erroneous predictions is less than w/ clinical decisions)
3. Assumption that statistical tales will omit some important case factors
4. Parole decision makers may be reluctant to state all the considerations that enter into their decision (i.e. public opinion)
5. Use of tables makes parole decision makers less necessary and reduces their status

Front 142

142. What do parole boards use to make attributions about inmates being considered for parole?

What things affect their attributions?

Back 142

Use casual schema

Information from the case file and information for the interview affect parole board members attributions

Front 143

143. What are some consequences of using a casual schema?

Back 143

1. Limit the number of casual factors that have to be considered permitting more decisions to be made in a given period of time
2. Individual differences among those being judges are often glossed over

Front 144

144. What information is provided from the case file?

Back 144

1. Present offense and sentence
2. Criminal record
3. Prison experience
4. Institutional behavior
5. Prior community supervision
6. Parole plan

*Most info used comes from this and it is written by member of parole staff

Front 145

145. What does the parole board usually consider to be the source of criminal behavior?

What is this called?

What is this consistent with?

Back 145

The result of an internal cause

Called an "internal bias"

"Internal bias" is consistent with the "fundamental attributional error"

Front 146

146. What is the "fundamental attributional error"?

Back 146

The tendency for attributers to underestimate the impact of situational factors and to overestimate the role of dispositional factors in controlling behavior

More serious the crime, more likely to attribute criminal disposition

Front 147

147. How does the length of the sentence affect board members attributions?

Back 147

If unusually long sentence, judge must have believed that offender has a criminal disposition

If unusually short sentence, it's evidence of the absence of a criminal disposition

Front 148

148. What is the factor most often mentioned by the parole board as a reason for denial of parole?

Back 148

Criminal record

Also concerned w/ prior offenses for which the inmate was not convicted - get this from pre-sentence report

*Pre-sentence report has impact not only at sentencing stage but years later at the parole stage

Front 149

149. Why is parole board more likely to be lenient to someone who's present incarceration is their first?

Back 149

Board feels that the shock value of an inmate's first experience in prison is likely to have a stronger impact on criminal tendencies

If not first time then you committed crime in spite of inhibiting force of prison (knowing what it's like) so must have strong criminal disposition

Front 150

150. What are the effects of the type of institution on a parole board's decision?

Back 150

Inmates imprisoned in a maximum security institution served longer sentence that inmates in a less secure institution

At max, served 8 months more than min sentence imposed by judge

At min, served 3 months less than min imposed by judge

Probably due to reliance on stereotype about typical offender from a particular prison

Front 151

151. What do they for about the inmate's behavior at the institution?

What things specifically do they look for?

Back 151

Look to see whether the inmate's behavior shows signs of changed disposition

1. Look at involvement in institutional programs (vocational, educational, therapeutic)
2. Adjustment to daily life in prison (satisfactory performance of assigned work and few violations esp 6 mos prior to parole hearing)

Front 152

152. While poor institutional adjustment is sufficient to deny parole, how come good institutional adjustment is probably not sufficient to grant parole?

Back 152

1. Most inmates show fairly good adjustment probably b/c there are strong inhibitory causes for bad behavior
2. May have good record not b/c didn't commit few violations but rather b/c guards didn't cite infraction
3. Good behavior hasn't been found to be highly predicative
of success on parole

Front 153

153. What information does the parole board get from the interview?

Back 153

1. Psychological Change (one of most important items of information)
2. Race
3. Sex

Front 154

154. In attributional terms, what is important evidence of a change in inmate's stable criminal disposition?

Back 154

Realization that his or her problem is internal to himself or herself

Have progressed when accept responsibility for their behavior

However, b/c of facilitative causes for inmates to make this sort of statement, parole boards are likely to discount much of the inmate's statements

Front 155

155. When did Ruback find about content and nonverbal factors and how they relate to interviewers' perception of honesty?

Back 155

Two-thirds of clients are judged to by lying about parole plans and "going straight" if they lied about their original offense or prison misconducts

Strong positive relation bwt quantity of discussion and perceived honesty (viewed more honest if volunteer more info about self b/c reflects strong motivation to be released)

Front 156

156. Does race affect parole release?

What about sex of person?

Back 156

It appears that way on the surface but when other factors
are controlled for, race was not a significant factor

Appears women are paroled more
but they commit less crimes so can't be concluded that sex is the difference in parole rates

Front 157

157. What is the importance of stability attribution?

Back 157

Stability dimension is significantly related to parole decision

Stable causes produce greater perceived risk of subsequent crime

Internality was found to have no significant effect on parole decision (this is more for evaluating seriousness of crime & assigning punishment)

Front 158

158. Who do parole boards engage in social-exchange relations with?

Back 158

1. Other agents in criminal justice system
2. Community
3. Inmate and his/her family

Front 159

159. How do they engage in social relations w/ other agents in the criminal justice system?

How do they do this?

Back 159

At parole stage, decision of board members is based on judgments of workers w/ less authority

In exchange for info and recommendations contained in the reports of the case analyst and hearing examiner, parole board pays these persons' salaries and promotes those who it believes
are doing a good job

Front 160

160. How does the parole decision affect the prison where the inmate in incarcerated?

Back 160

1. Affects size of institutional population
2. Parole decision reinforces the type of behavior board explicitly values

Front 161

161. What is the social exchange relationship between the parole board and the judge?

Back 161

Sentencing decision is sometimes influenced by the trial judge's expectations of the probable parole decision and the parole decision is influenced by the sentence selected

Front 162

162. Who is least likely to be released for parole due to public sentiment?

Back 162

Less likely to grant parole to an assaultive offender than to a non assaultive offender even if two have same probability of committing a crime while on parole

This is due fear of adverse community reaction

Front 163

163. When is community sentiment also present?

Back 163

After prison riots

Pressure on parole board to become more "liberal" - increase the risk of violation acceptable for parole

Front 164

164. How does the board try to seek fairness for inmates?

Back 164

1. Equalize penalties for similar offenders who have received different sentences
2. Release them, even if they are poor risks, b/c they have served enough time in prison for the offense committed
3. Concern w/ fairness to offender's family

Front 165

165. What is the major difference between probation and parole?

Back 165

With probation it is the judge who holds a hearing if person violates terms of release and revokes probation and imposes prison sentence

With parole, a member or members of parole board hear evidence regarding alleged parole violation and if warranted person is returned to prison to serve time on previous sentence

Front 166

166. What are the duties of the parole officer?

Back 166

1. Make pre-parole investigations
2. Serve as counselor to ex-prisoner
3. Help offender deal w/ public agencies
4. Make sure client obeys rules and conditions of parole

Front 167

167. What are the two kinds of parole conditions?

Back 167

1. General prohibitions that apply to all offenders (i.e. can't leave to the state)

2. Specific conditions that apply to the parolee in particular

Front 168

168. How many parolees are successful at not returning to prison?

What the two types of violation that cause for the revocation of parole?

Back 168

Two-thirds make it

Violations:
1. Technical Parole Violation: parolee may violate one of the conditions of his/her parole
2. Criminal Parole Violation: parolee may commit a new crime
(more likely to initiate revocation proceedings than if technical violation)

*If violate parole, not necessarily sent back to prison

Front 169

169. What affects the attributions a PO makes when a parolee violates parole?

Back 169

1. Act in violation of parole known by:
-observation of parole officer
-police reports
-reports from others
2. Parolee's
-relationship w/ parole officer (if open/honest probably see violation as one tome aberration - unstable cause)
-prior behavior on parole
-effort to succeed on parole

Front 170

170. Why are prior violations for which no revocation proceedings were begun important?

Back 170

1. They indicate a stable criminal behavior pattern

2. They show the PO that the parolee will take advantage of him or her

Front 171

171. What are the two important decisions make by the court to protect parolees from indiscriminate use of revocation proceedings?

Back 171

1. A preliminary hearing must be held to determine, first, whether sufficient evidence exists against parolee to justify revocation hearing and second, whether parolee should be incarcerated pending hearing

2. A revocation hearing be held to determine whether the alleged violation of parole warrants revocation

Front 172

172. What are the social exchange relationships in the parole revocation decision?

Back 172

Relationship of:
1. PO and prosecutor (whether to initiate revocation proceedings and/or charge w/ second crime)
2. PO and supervisor
3. Parole board and community

Front 173

173. How does revocation and the case load of the PO relate?

Back 173

More revocations are likely to be initiated when the ave case load is small b/c PO has more time to supervise the parolees and detect violations

In addition, when case load is small PO has more time fill
out necessary forms

Front 174

174. What is "back time"?

What did a study of parole revocation and back time setting in Pennsylvania find?

Back 174

The time that the parolee must serve in prison before he or she is again eligible for parole

Parole board was more likely to revoke parole if the sentence on the original offense was shorter and if the new offense involved a weapon

More back time was likely to be set if the original offense was a homicide

Front 175

175. How do parole board members and hearing examiners differ in setting back time?

Back 175

Hearing examiners consider parole performance

Board members focus on seriousness of prior criminal record and treat back time setting as a re-sentencing decision (punish rather than predict probable success on parole)

Front 176

176. What are the two social exchange evident in the parole board's treatment of revocation and back-time setting as a re-sentencing decision?

Back 176

1. Exchange between board and parolee (released to follow rules, if violate put back)

2. Exchange between board and community (every revocation is admission that board make a mistake that harmed society)

Front 177

177. What do Hirsch and Hanrahn call for in regards to parole?

What three things do they argue?

Back 177

Abolish it

1. Date of release from prison can and should be decided at or shortly after sentencing (make adjustment only for prison over crowding)
2. Parole supervision should be eliminated completely but have system of voluntary social services for released
3. Abolish parole revocation for new crimes b/c these procedures are insufficient in
preventing imprisonment of innocent