corrections chapter 4

retribution

punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized. The severity of the sanction should fit the seriousness of the crime.

general deterrence

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses by others.
main conclusion: act is not worth it

specific deterrence (special or individual deterrence)

punishment inflicted on criminals to discourage them from committing future crimes

incapactitation

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

selective incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those offenders whose incapacity will do the most to reduce crime in socity

rehabilitation

the goal of storing a convicted offender to a constructive place in society through some form of vocational or educational training or therapy
-prisoner treated not punished

restorative justice

punishment designed to repair the damage done to the victim and community by an offenders criminal act

indeterminate sentences

a period of incarceration with minimum and maximum terms stipulated so that parole eligibility depends on the time necessary for treatment, it is closely associated with the rehabilitation concept
-treatment was the goal

determinate sentence

a fixed period of incarceration imposed by a court, it is associated with the concept of retribution or deserved punishment

presumptive sentence

a sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumsatnces

mandatory sentence

a sentence stipulating that some minimum period of incarceration must be served by people convicted of selected crimes, regardless of back ground or circumstances
example is 3 strike laws and career criminals

good time

an reduction of an inmates prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational and treatment programs

intermediate sanctions

a variety of punishments that are more restrictive than traditional probation but less severe and costly than incarceration

probation

a sentence allowing the offender to serve the sanctions imposed by the court while he or she lives in the community under supervison
-most commonly used sanction

shock probation

a sentence by which the offender is released after a short incarceration and re-sentenced to probation

fine

money paid to the state by offender

restitution

money paid to the victim by offender

forfeiture

seizure by the state of property either illegally obtained or acquired with resources illegally obtained

community service

requires offender to perform work for the community

home confinement

requires offender to stay in home during certain times

intensive probation

requires strict frequent reporting to probation officer

boot camp/shock probation

short term institutional sentence emphasizing physical development and discipline, followed by probation

death

execution

presentence report

report prepared by a probation officer, who investigates a convicted offenders background to help the judge select an appropriate sentence

sentencing guidelines

an instrument developed for judges that indicates the usual sanctions given previously for particular offenses

sentencing disparity

divergence in the lengths and types of sentences imposed for the sane crime or for crimes of comparable seriousness when no reasonable justification can be discerned

wrongful conviction

occurs when an innocent person is found guilty by either plea or verdict

punishment

-an offense
-the inflicton of pain because of the commission of the offense
-the dominant purpose is to prevent further offenses or to inflict the deserved pain on the offender

talion

means retaliation authorized by law

rehabilitation is the most what...

appealing of modern sanctions

Incareration

the most visible one in the U.S.
-has three sentencing modes
--indeterminate
determinate
mandatory

death penalty stopped from?

1968-1976 because of the 8th amendment then resumed in 1977

Death penalty occurs

over 1/2 in the South

California has the...

largest number of executions

Not more than 98 _____________ per year happen

executions

misdemeanor court

imposes sentences less than 1 year, for traffic and lesser crimes, these courts hear about 90% of cases

Felony courts

more serious crimes, more formal proceedings, most cases result in plea agreements about 90%

Judicial decision factors

blameworthiness, protection of community, practicality of sentence

blameworthiness

severity of crime, criminal history, role in crime

protection of community

incapacitation and deterrence

practicality of sentence

other factors which affect decision (juvenile)

unjust punishment

occurs with sentencing disparity and wrongful convictions