Ethical Issues In Cj

Front 1

What are five essential elements to the definition of punishment?

Back 1

1. There are at least two persons – one who inflicts the punishment and one who is punished
2. The person who inflicts the punishment causes a certain harm to the person who is being punished.
3. The person who inflicts the punishment has been authorized, under a system of rules or laws, to harm the person who is punished in this particular way.
4. The person who is being punished has been judged by a representative of that authority to have done what he or she is forbidden to do or failed to do what he or she is required to do by some relevant rule or law.
5. The harm that is inflicted upon the person who is being punished is specifically for the act or omission in #4.

Front 2

What is the definition of treatment?

Back 2

Treatment may be anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns.

Front 3

What are the two major justifications for punishment and treatment?

Back 3

Retribution
Prevention

Front 4

What is retribution?

Back 4

Retribution is a rationale for punishment that states that punishment is an end in itself and should be balanced to the harm caused

Front 5

What is prevention?

Back 5

Prevention is a rationale for punishment that views it as a means rather than an end and embraces any method that can avoid crime, painful or not (includes deterrence, rehabilitation, and incapacitation).

Front 6

What are the three specific types of retribution?

Back 6

Negative retribution dictates that one who is not guilty must not be punished for a crime
Positive retribution demands that one who is guilty ought to be punished
Permissive retribution allows that one who is guilty may be punished.

Front 7

What is the “justice model” of retribution?

Back 7

Basically the justice model holds that individuals are rational and that, even though free will may not exist perfectly, the concept must serve as a basis for the criminal law.
The punishment of the individual should be purely retributive and balanced to the seriousness of the crime.

Front 8

What is the “just desserts model” of retribution?

Back 8

The just deserts model stated that the punishment of an individual should be limited by the seriousness of the crime, although treatment could be offered.

Front 9

What is “penal harm?”

Back 9

This refers to the idea that the system intentionally inflicts pain on offenders during their imprisonment, because merely depriving them of liberty is not considered sufficiently painful.

Front 10

What are the three possible methods of prevention?

Back 10

Deterrence
Incapacitation
Treatment

Front 11

What are the two types of deterrence?

Back 11

Specific deterrence
General deterrence

Front 12

What is specific deterrence?

Back 12

is that which is done to offenders to prevent them from deciding to commit another offense. Teaches through punishment

Front 13

What is general deterrence?

Back 13

is what is done to an offender to prevent them from deciding to engage in wrongful behavior. Teaches through example

Front 14

What is the purpose of incapacitation?

Back 14

The purpose of incapacitation is only to hold an offender until there is no further risk of crime.

Front 15

What are three-strikes laws?

Back 15

laws are defended under an incapacitative rationale because it is argued that repeat offenders are more likely to commit future crimes, so they should be held for longer periods of time.

Front 16

What is treatment?

Back 16

Is considered to be beneficial to the individual offender as well as to society.
Treatment implies acceptance rather than rejection, support rather than hatred.
Treatment is that which constitutes accepted and standard practice and which could reasonably result in a “cure.”

Front 17

What theory of punishment is described as the basic formula for punishment that the utility of the punishment to society (by deterring crime) outweighs the negative of the punishment itself?

Back 17

Utilitarianism

Front 18

Which ethical system supports the prevention of crime using deterrence, incapacitation, and/or treatment?

Back 18

Ethical Formalism

Front 19

What is ethical formalism?

Back 19

Clearly supports a retributive view of punishment.
It is deontological because it is not concerned with the consequences of the punishment or treatment, only its inherent morality.
Treatment is not supported by ethical formalism because it uses the offender as a means to protect society.

Front 20

What is the ethics of care?

Back 20

Would probably not support punishment unless it was essential to help the offender become a better person.
This system defines good as that which meets everyone’s needs – victims and offenders alike.
The corrections system, ideally is supported by a caring ethic because it takes into account offender needs.
From this perspective, one should help the offender to become a better person because that is what a caring and committed relationship would entail.

Front 21

What amendment protects all citizens from cruel and unusual punishment?

Back 21

8th

Front 22

What are the two types of shaming?

Back 22

Stigmatizing shaming
Reintegrative shaming

Front 23

What is stigmatizing shaming?

Back 23

is the effect of punishment whereby the offender feels case aside and abandoned by the community

Front 24

What is reintegrative shaming?

Back 24

Braithwaite’s idea that certain types of punishment can lead to a reduction of recidivism as long as they do not involve banishment and they induce healthy shame in the individual.

Front 25

What are some characteristics of super-max prisons?

Back 25

Human contact was strictly prohibited
Cell lights were on 24 hours a day
Inmate exercise was for only one hour a day and in a small room indoors.
The transfer was of indefinite duration and reviewed only annually
Transfer to supermax disqualified the inmate from parole consideration.

Front 26

What is net widening?

Back 26

Net widening is the concept that some intermediate sanctions are used for those who would not have received any formal correctional sanction before, so instead of diverting those who would have been sentenced to hasher sanctions, the program increases the total number under correctional supervision.

Front 27

What is pluralistic ignorance?

Back 27

Pluralistic ignorance is the prevalent misconception of the popularity of a belief among a group because of the influence of a vocal minority.

Front 28

The two groups that institutional correctional personnel can be divided into are?

Back 28

Correctional officers and their supervisors
Treatment professionals

Front 29

The two goals that correctional professionals share are?

Back 29

Protecting society
Assisting in the reform of the criminal offender

Front 30

What other criminal justice professional is most like the correctional officer?

Back 30

Police Officers

Front 31

“Correctional officer” is the term that replaced the old label of?

Back 31

Guard

Front 32

The prisoner’s rights era of the 1970’s gave prisoners some rights. List three of those rights that came about in the 1970’s?

Back 32

Exercising religious beliefs, obtain medical care, and enjoy due process.

Front 33

The prisoner’s rights era of the 1970’s gave way to what type of era today, where courts are more apt to defer to prison officials?

Back 33

Due Deference Ere

Front 34

What is reciprocity?

Back 34

is a term denoting the situation in which officers become indebted to inmates and return favors.

Front 35

What are the types of correctional officers that R. Johnson proposed?

Back 35

The violence-prone, who use the role of correctional officer to act out an authoritarian role.
Time-servers, who serve time in prison much the same way as the inmates do, avoiding trouble and hoping that nothing goes wrong on their shift.
Counselors, who seek to enlarge their job description and perceive their role as including counseling and helping the inmate rather than merely locking their doors and signing passes. Known as the human service officer.

Front 36

What is a legal and sometimes necessary element of correctional supervision?

Back 36

Force

Front 37

In the 1980’s, a decrease in the victimization of inmates by correctional officers led to?

Back 37

An increase in gangs and cliques.

Front 38

What are the unique issues facing treatment professionals in correctional institutions?

Back 38

The unique issues facing correctional treatment professionals derive from their dual goals of treating the individual and being an employee of the state with a corresponding duty to maintain safety and security.

Front 39

What are some of the ethical dilemmas that are often faced by treatment staff in correctional facilities?

Back 39

Confidentiality – the inability to keep prisoners’ secrets
Protection of psychological records – whether or not psychologists should create “shadow files” that are not subject to view by staff
Informed consent – whether consent is possible from a coerced population
Assessment – what the psychologist’s role is when assessment is used for correctional purposes.
Corroboration – the importance of not accepting everything the inmate says, as the inmate may be engaged in “impression management”
Refusal of services – whether psychologists should honor an inmate’s refusal of psychological servicesNondiscrimination – treating all inmates equally regardless of group membership or individual characteristics
Competence – the importance of being aware of boundaries of one’s competence
Knowledge of legal structure – being aware of the rights of the parties involved
Accuracy and honesty – making clear the limits of predictive validity of psychological assessments
Misuses of psychological information – refusing to allow file information to be misused to damage an inmate’s interests
Multiple relationships – avoiding dual roles (such as assessment and treatment), which is problematic and creates confusion for the client

Front 40

What is the Tarosoff rule?

Back 40

from a case that held a psychologist liable for not warning a victim of imminent harm from one of their clients.

Front 41

What are the probation and parole typologies that Souryal dicussed?

Back 41

The punitive law enforcer – the type of officer who perceives the role as one of enforcer, enforces every rule, and goes by the book.
The welfare/therapeutic worker – the type of officer who perceives the role as one of counselor to the offender and who helps to effect rehabilitative change.
The passive time server – the type of officer who does the bare minimum on the job to stay out of trouble.

Front 42

What are some differences between probation and parole officers?

Back 42

First, parolees are perceived to be more of a threat to the community, so the supervision role of parole officers is emphasized much more strongly than in probation, where supervision is balanced with a service/counseling emphasis.
Further, paroled offenders are usually older and have a longer criminal record, so the relationship between the supervisor and client might be different.
The problems faced by parolees are quite different from those faced by probationers.
Many of those released from prison return. 67% of released inmates were charged with at least one serious crime within 3 years.
Men were more likely than women to recidivate (68% vs. 57%)
Offenders with the highest recidivism rates included car thieves, those convicted of receipt of stolen property, burglars, and those convicted of robbery.

Front 43

What are the four major types of corruption by correctional officers and other officials in institutional corrections?

Back 43

Theft
Trafficking
Embezzlement
Misuse of authority

Front 44

What are the three types of prisoner abuse identified by Bomse?

Back 44

Malicious or purposeful abuse, Negligent Abuse, Systemic or budgetary abuse

Front 45

What is malicious and purposeful abuse?

Back 45

this type of abuse in inflicted by individual officers intentionally, including excessive use of force, rape and sexual harassment; theft and destruction of personal property; false disciplinary charges; intentional denial of medical care; failure to protect; racial abuse and harassment; and excessive and humiliating strip searches.

Front 46

What is negligent abuse?

Back 46

This type of abuse is also inflicted by individual officers, but not intentionally, and includes negligent denial or medical care; failure to protect; lack of responsiveness; and negligent loss of property or mail.

Front 47

What is systemic or budgetary abuse?

Back 47

this type of abuse is system-wide and refers to policies, including overcrowding; inadequate medical care; failure to protect; elimination of visits or other programs; co-payments and surcharges; and use of isolation units.

Front 48

What is prison rape elimination act?

Back 48

mandated that every state keep a record of prison rapes and allocated money to study the problem and develop solutions.

Front 49

What is the name of the philosophy that medical personnel sometimes adopt that deals with depriving inmates of services because of a belief that they don’t deserve treatment?

Back 49

Penal Harm

Front 50

What was the Zimbardo experiment conducted in the 1970’s at Stanford University?

Back 50

In this experiment, college men were arbitrarily assigned to be guards or inmates, and a mock prison was set up in the basement of a building on the grounds of Stanford University.

Front 51

What is the “trickle-down” theory of ethical management?

Back 51

The “trickle down” theory of ethical management is that officers will treat inmates the way they perceive they are being treated by management – with fairness, compassion, and respect, or with less than fairness, compassion and respect.

Front 52

What are the seven (7) principles that Wright offers are a guide for how administrators and supervisors should treat employees?

Back 52

Safety
Fair treatment
Due process
Freedom of expression
Privacy
Participation in decision making and information

Front 53

What is a restorative justice program?

Back 53

A major shift in the ideology of punishment may be spurred by the economic burden that the penal harm era as generated, but there is also a moral element in that many advocates consider that the pendulum has swung too far toward severe prison terms, especially for drug offenders.

Front 54

What are peacemaking corrections?

Back 54

Peacemaking corrections is an approach to corrections that depends on care and wholesight, or looking at what needs to be done with both the heart and the head.

Front 55

What are types of programs under restorative justice?

Back 55

Sentencing circles
Family group counseling
Victim-offender mediation
Community reparation boards
Victim education programs.