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62 Cards in this Set
- Front
- Back
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Retribution |
Giving offenders their "just desserts" and expressing society's disapproval of criminal behavior. Goal: punishment |
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Incapacitation |
Separating offenders from the community to reduce the opportunity for further crime while they are incarcerated. Goal: make sure the person won't hurt anyone else |
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Deterrence |
Demonstrating the certainty and severity of punishment to discourage future crime by the offender and by others. Goal: steer the criminal and/or others from future crime |
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Specific Deterrence |
Discouraging future crime of the offender |
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General Deterrence |
Discouraging future crime of others |
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Rehabilitation |
Providing psychological assistance, educational assistance, or job training to offenders to make them less likely to engage in future criminality Goal: Helping them |
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Restitution |
Having the offender repay the victim or the community in money or services Goal: compensation for damage done |
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Blood Feud |
The victim's group would retaliate "an eye for an eye" against the offender's group |
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History of Codes |
Earliest known codes of law: Sumerian Code, Code of King Hammurabi, 12 Tables of Wood, and the Justinian Code |
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Justinian Code |
Gathered all the codes in order to develop a universal law and punishment system. He believed that if people knew exactly what was illegal and how it would be punished, they would be less likely to commit a crime |
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Doctirne of Predestination |
The belief that all persons are predetermined to either be saved or damned |
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The Ordeal |
The Church's substitute for a trial and punishment. "Divine Control" |
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Punishment of the Church was primarily _____ |
Restitution |
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Inquisition |
A Roman Catholic tribunal for the discovery and punishment of heresy |
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Heresy |
When you speak or act against the Church or have divergent beliefs |
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Work House / House of Corrections / Bridewell |
Institutions that taught "habits of industry" as a way to get minor offenders to learn how to work. First kind of humane approach |
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Transportation of Criminals |
England deported criminals to American colonies to help overcrowding problem. After the American Revolution, they began sending them to Australia |
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Transportation of Criminals (Country Exchange) |
France - Guinea Portugal - Brazil and Africa Italy - Sicily Denmark - Greenland Russia - Siberia |
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Convict Hulks |
Abandoned or unusable transport ships that were converted into prisons to help solve the overcraowding issue and were permanantly anchored. ("Floating hell") Supposed to be a temp solution, but England used them for 85 years |
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Classical School (People) |
Beccaria - took ideas of natural & equal its to criminology Bentham - Hedonistic Calc. John Howard - The State of Prisons |
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Hedonistic Calculus |
Bentham believed rational human beings will go after most pleasure without pain |
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John Howard |
Sheriff in England Appalled by jail conditions, traveled, and wrote The State of Prisons that interested Parliament members. Led to the Penitentiary Act of 1779 |
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Penitentiary Act of 1779 |
Included suggestions for solitary cells, silent labor, sanitary structure, etc. Was not implemented until 1842 because of the war |
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John Howard Association |
Modern day associations across the country that travel to various prisons and speak with prisoners, wardens, etc. to make sure all concerns are voiced and taken care of |
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William Penn |
First leader in American history to prescribe imprisonment as a correctional treatment for major offenders |
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"Great Law" |
Quakers brought their laws over with them. Included Quaker Criminal Code (Penn) |
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Puritan Codes |
A deviant was considered a captive to the devil who likely wasn't reading their bible enough. God is supreme ruler |
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East Jersey Codes |
Thieves branded with a "T", Adulterers wear an "A", etc. |
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Major Reform Movement |
Towards the end of the 18th century, some colonists advocated for reform by confining criminals rather than the brutal punishments. |
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3 Influential people who wanted reform |
Benjamin Rush, William Bradford, Caleb Lownes |
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5 Proposals by Rush |
Classification for housing. Provision of prison labor. Gardens for food and outdoor recreation. Classification according to the nature of their crime. Indeterminate confinement based on the convict's "reformative progress". |
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The Philadelphia Society for Alleviating the Miseries of Public Prisons |
Formed and dedicated to the planning of a satisfactory prison system |
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Act of 1790 |
Very similar to Act of 1779 |
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Cradle of the Penitentiary |
Walnut Street Jail as a whole |
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Penitence |
Show sorrow |
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Repentance |
Show a willingness to change |
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Act of 1790 - 3 major accomplishments |
- Directed the separation of witnesses and debtors from the felons - Required the proper segregation of genders - A block of cells be built on the yard of the Walnut Street Jail for the segregation of more hardened offenders (Penitentiary House) - Productive Labor |
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Penitentiary House |
The wing of the Walnut Street Jail |
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Pennsylvania System |
Philosophy of separate (or solitary) confinement. Designed like a windmill... Prisoners did not leave their rooms Cells were 8' x 15' x 12' high |
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Auburn System |
Philosophy of congregate (or silent) system Could work together but under the very strict rule of total silence and then returned to their cells Cells were 7' x 3.5' x 7' high |
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Lockstep |
When inmates were moved to congregate work areas, they would have to line up, put their hands on the inmates in front of them, put their heads down, and move from place to place |
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3 main criticisms of the Pennsylvania System |
Expense in construction and operation
Mode of labor for prisoners - handicraft - not going to put out a lot of product and thus cannot sustain themselves Induced insanity because of total isolation |
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3 main criticisms of the Auburn System |
Cruel to put them together without even eye contact Refusal of the Doctrine of Reformation - Purpose should be reformation but they cared too much about making money from product output Led to Contamination due to whippings, open wounds, etc. |
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What system did other places use? |
Other states utilized the Auburn system due to the expense of construction |
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Reform Movement Significance (House of Refuge & House of Corrections) |
For the first time in America, it was recognized that there were crimes that existed for which society was responsible rather than the individual |
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House of Refuge |
Get juveniles off the street and keep them out of jails and prisons by teaching them to be hardworking citizens. Society for the Reformation of Juvenile Delinquents |
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House of Corrections |
Dealt with vagrants and drunks - mainly to reform petty offenders and misdemeanors |
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Stages of Imprisonment were suggested by ______ and _______ |
Moconochie and Crofton |
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Moconochie |
Had the mark system Marks of sentences were based on a series of offense Inmates would earn marks by conduct, stud, and work habits When marks were even, the inmates were released |
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Stages of imprisonment w/ the mark system |
Strict imprisonment (solitary) Labor on chain changes Freedom within a limited area Ticket to leave (conditional pardon / parole) Liberty of restored |
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Crofton |
Had the intermediate or rishi system |
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Stages of Imprisonment for the intermediate system |
Solitude Congregate Labor Intermediate stage (work release) Parole |
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3 influential people with Positive School |
Cesare Lombroso, Enrico Ferri, Raffaele Garofolo |
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Lombroso |
"Father of modern criminology" Looked for physical abnormalities to show criminal behavior |
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Categorization of Criminals |
Born Criminals Insane Criminals Criminaloids |
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Born Criminals |
Sensory impairment, lack of moral sense, used slang, had tattoos |
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Insane Criminals |
Alcoholics, epileptics, idiots |
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Criminaloids |
Committed crime for no biological reason |
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Ferri - Added to Lombroso's categories |
Crimes of passion & habitual criminals |
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Garofolo - also built on Lombroso |
Believed civilized people had certain basic sentiments about the values of human life and property |
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Classical School |
Legal definition of crime (certainty, severity, swiftness Punishment fit the crime Doctrine of free will Death penalty for some Anecdotal method Definite sentences Deterrence |
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Positive School |
Rejected Legel defintion Punishment fit the criminal Doctrine of determinism No death penalty Empirical research Indeterminate sentences Treatment/Rehabilitation |
