May 16 - May 16, 2008 Chapter 32; D. Litowitz the trouble...

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May 16, 2008 Chapter 32; D. Litowitz “the trouble with scarlet letter punishments” o Whether or not courts will up hold punishments? o Says probably will United States vs. Gementera (9 th circuit 2004) o Man had been pilfering mail from mail boxes. o Fined money, community service and had to walk in front of the post office saying “I stole mail, this is my punishment” o Court said this is not a violation, but is kind of cruel o Court said that shame should/could precede rehabilitation o Court found punishment not to be a punishment of the cruel and unusual punishment doctrine o Probably on exam: did the court consider shaming punishment? True (see above) Scared straight o J. Finckenauer (Rutgers criminologist) did a quick, shoddy study ( 6 month follow –up) o 46 kids went through scared straight with 6 month follow-up – SS (scared straight, research group) – 41% arrest rate (within 6 months) o 35 – x (control group- did not go through scared straight) – 11% arrest rate
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This note was uploaded on 03/15/2009 for the course CRJU 203 taught by Professor Haas during the Spring '06 term at University of Delaware.

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May 16 - May 16, 2008 Chapter 32; D. Litowitz the trouble...

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