What are the three main correctional ideologies in correction
Prevention, punishment, and rehabilitation
Defiance theory. When does punishment increase? Decrease?
If punishment is seen as unjust, it will reinforce a negative behavior. If punishment is seen as fair and just, it will reinforce a positive behavior
What are the four philosophies of punishment?
Detain people before trial,Hold prisoners awaiting other sanctions (corporal and capital punishment), Coerce payment of debts and fines or confessions, Hold slaves
What is retribution?
the justification for punishment underlined by the concept of 'just desserts'. The criminals punishment must match the degree of harm they have inflicted on their victims
what is incapacitation?
The inability for criminals to victimize people outside the prison walls while they are locked up.
selective incapacitation?
refers the punishment strategy largely reserves prison for a select group of prisoners.(violent repeat criminals)
collective incapacitation?
giving the same sentences to the same crime although for male A this is his first robbery, and B is his 12th robbery
What is deterrence?
prevention of crime by the threat of punishment
Three components of deterrence?
certainty(most important), severity, and swiftness
What is specific deterrence?
refers to the effect of punishment on the future behavior of the offender. The way to make specific deterrence effective is to make sure there is a connection between the crime and the punishment
What is general deterrence?
is the preventive effect of the threat on the general population
what is rehabilitation?
to restore and return to a constructive and healthy lifestyle.
four main principles of rehabilitation?
Risk, Need, Reponsivity, Professional Override
restorative justice?
intended to repair the harm and damages done by offenders and the impact it has on the victim and community
what are three functions of the early jails in Europe?
detain people before jail, and hold prisoners awaiting sanctions. hold slaves
what is blood feud?
a series of retaliatory acts where the offenders family and tribe would attack, (Hatfield and McCoy)
lex salica?
payment of the victims family to appease the wrongdoing
friedensgeld?
paying restitution to the crown and the victim
What is corporal punishment? How is it done?
physical punishment which deliberately inflicts pain. it is done as a public ordeal to inflict pain and embarrassment
ex: tar and feathers, ripping limbs
What is capital punishment? how is it done?
punishment to death. done as a public ordeal.
ex: lethal injection,electric chair, hanging
what is a galley slavery?
when slaves are put on sailboats and forced to row without food or water or rest. the end result is death
what is a prison hulk?
a vessel on a ship that holds convicts while they are being transported
what is banishment?
sending prisoners to jails that were in the middle of nowhere so they they would eventually die due to no nourishment
what is transportation?
prisoners were sold into the ships's captain where he would in turn sell their labor as indentured servants
what are the three ideas Cesare Beccaria discussed in his essay?
swift: make the cases happen as soon as possible
sever: cases are brought to trial buy the severity that they rank
certain: how certain the court is that this offender will receive jail time
what did John Howard do to prison reform?
He has four principles to prison reform which included:
- secure and sanitary
-systematic inspection
-abolition of fees
-reformatory regime
what did Jeremy Bentham argue?
bentham argued a new principal called Hedonistic Calculus: had the goal of maximizing pleasure without minimizing pain when the offenders were in jail
What is the Panopticon?
the prison building in which the shape is a cylinder with a tower of guards in the center
what did William Penn believe was an effective way of punishment?
he believed that hard work and intense labor was more suitable than death and that it was able to be used as compensation for the victims
What was the Newgate Prison?
a copper mine and know as the earliest prison
what is the importance of the Walnut street jail?
it separated men and women by the seriousness of their offense. The prisoners worked in silence while being allowed to practice a religious faith
what is the difference between pennsylvania and Auburn System? Which eventually dominated corrections
Pennsylvania:
- advocated repentance
-separate system
- solitary confinement
-referred to inmates by number
Aubrn,New York:
-silent system
-congregate during the day
-tap codes to communicate
-no visitors
-inmate labor
**Eventually the pennsylvania took o
Maconchie's mark system?
dealt with indeterminate sentencing which means that the inmates can receive marks, or privileges during their time in prison
croftons ticket of leave?
meant that every inmate had to earn their right to leave. They had to work at being a normal citizen before they were allowed to leave
who was Zebulon Brockway?
the first superintendent of the first reformatory in the US
Reformatory?
a type of rehab that showed the inmates how to function in society when they were released
what were the goals of the industrial prison?
the inmates in these prisons focused on making products like desk or chairs
What is the difference between a misdemeanor and felony?
� Misdemeanor: less serious offense with punishment of up to a year in jail
� Felony: more serious offense with punishment of over a year in a prison or death
2. Describe the role of the prosecutor.
� Community's chief law enforcement official responsible primarily for the protection of society
� Seeks to provide justice
3. What is plea-bargaining? What are the four types of pleas bargain concessions?
� Plea guilty in exchange for some prosecutorial or judicial concession
� Four types:
1. Reduction of charges (charge bargain)
2. Reduction in number of charges
3. Recommendation of leniency (sentence bargain)
4. Change charges to less stigmatic ones (ex:
4. What are the advantages of plea-bargaining?
� Advantages:
� Reduces possibility of detention/avoid death penalty
� Decreases costs of legal process
� Improves efficiency of courtroom workgroup
4. What are the disadvantages of plea-bargaining?
� Disadvantages:
� Encourages waiving of right to trial
� Public opinion: offenders get off easy
� Danger that innocent person will plea guilty
5. What is the difference between concurrent and consecutive sentences
� Concurrent: at the same time
� Consecutive: back to back
who usually imposes a sentence?
the judge
who complete a PSI?
Probation officer
what is an allocation?
� Allocution: a formal speech giving advice or a warning.
what is a victim-impact statement?
� Victim-impact statements: occur so victim can state how the crime has affected their lives
9. What is the difference between judicial and administrative sentencing?
� Judicial sentencing: judge solely decides
� Administrative sentencing: length of a sentence is determined by administrations of the correctional system
10. What is the difference between determinate and indeterminate sentencing?
� Determinate: Fixed period of incarceration imposed at sentencing
� Reduced need for parole board
� Set by state legislature in state statues
� Indeterminate: (common under the medical model)
� Precise length of time unknown at sentencing
� Judges have m
what is a habitual offender law?
c. Habitual offender law: imprisonment without parole for the third felony offense
What is a mandatory sentence?
a. Mandatory sentence: Legislatures require a prison term to always be imposed for particular convictions
what is a mandatory minimum?
b. Mandatory minimum: set minimum number of months/years for particular crime (ex: must sentence to at least 3 years for a gun possession)
13. What are pros and cons of determinate sentencing?
Pros:
� Fewer differences between similar offenders
Cons:
� Overcrowding
� Harsh prison sentences
� Diminishing returns
� Shifts discretion to prosecutors and legislatures, not judges
What are drug courts?
� First established in Miami FL, in 1989
� Has special/limited jurisdiction
� Help handle drug cases
� Help reduce drug use through treatment and court authority
� Research shows these courts can be effective
What is a suspended sentence
� Suspended sentence
1. Probation and deferred sentence
split sentence?
� Split sentence
1. Both probation and incarceration
2. Work release
shock probation?
1. Short incarceration then unexpected probation
2. Appeal Process
What is an appeal?
� An appeal is a petition to a higher court to reverse procedures and protect offenders based on due process issues
4 outcomes of an appeal?
1. Affirm verdict: agree with lower court
2. Modify verdict: change lower court's decision
3. Reverse verdict: overturn lower court's decision and free person
4. Reverse and remand to a lower court: overturn a lower court's decision and send back down for
What is double jeopardy?
� If defendant found innocent, the state cannot appeal because of the double jeopardy
� Power/more money- let out of prison
� *Same sentence but poor- put in jail
� Unfair and unjust
Cooper vs. Pate?
1964: no longer seen as "slaves of the state" (religion)
Estelle v. Gamble
1976- medical care
What levels do jails generally operate ?
� Secure facility designed to hold offenders, usually for one year or less
� Very diverse populations
� Operated by the local law enforcement agency, particularly sheriff agencies
2.) What are two main functions of jails?
� Hold those sentenced to short sentences
� Detain those awaiting trial- but remember, presumption of innocence
1st generation jails?
� Linear (1st generation)
� Long hallways
� Littler interaction
2nd generation jail?
� Popular/remote supervision (2nd generation)
� Secure control booth for staff
3rd generation jail?
(most effective)
� Popular/direct supervision (3rd generation)
� No secure control booth for staff; sit at the desk' maximum interaction.
What are four problems with jails?
� Dirty-people detoxing
� Suicide
� Old
� High rate of substance abuse
what is overcrowding? what are ugly beds?
� Beds in gyms, libraries, hallways, etc. because lack of space -ugly beds
� Due to move to harsh determinate sentences
� Inmates in podular deigns less impacted by crowding than those in linear designs
What are two personnel problems in jails?
� Often operated by country sheriff offices
� Low pay and many quit as soon as something better comes along
Describe suicide in jails? Who are likely to commit suicide? Are suicide rates higher in prison or jails? Why? When are suicides likely to occur?
� Jails: 47 per 100,000 inmates
� Prisons: 14 per 100,000 inmates
� Dealing with more emotion
� Men higher rates than women; whites higher rates than minorities
� 50% the first two weeks- 23% the first day
What is meant by price-tag justice?
term used by inmates to refer to fines imposed on them
What is weekend confinement?
� Serve sentence on weekends
� Allows offenders to maintain steady employment
� Check in Friday after work and leave Sunday morning
� Called weekenders- get three days credit for each weekend served
what are the community work orders? what makes these effective?
� Can be in lieu of a fine, condition of a suspended sentence, or condition of probation
� Often done for a certain number of hours per week
� Best effects if related to the crime that was committed
What are some advantages to alternatives in jails?
� Alternatives usually cost less than detention
� Those released before trial do better than those held in jail
� Alternatives appear to be as effective as jail
� Alternatives can reduce jail populations
12.) What are some ways the system tries to release inmates awaiting trial? What is an advantage of pretrial release?
� Programs designed to release jail inmates awaiting trial
� Include: electronic monitoring, supervision, house arrest, treatment programs, and other creative options
� Again, allow the offenders to work while awaiting trial
� Can take an active role in t