Corrections Note Cards Exam 1.docx - 1 charitable giving drug trafficking 2 biggest sentencing disparities here violent offenses 3 risk criteria with an

Corrections Note Cards Exam 1.docx - 1 charitable giving...

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Unformatted text preview: 1. charitable giving drug trafficking 2. biggest sentencing disparities here violent offenses 3. risk criteria with an eye toward the future (157) 4. out of the jury’s hands fueled by hate and drugs 5. parole commuting Hawkeyes 6. trouble in the Windy City ADAM’s own (141) 7. restorative justice perhaps best when it’s personal (76) 8. situational offending Facebook façade of normalcy (134) 9. sexual assault and harshness view of violent motivations fueled this (139) 10. career criminal the normalcy of crime (136) 11. judicial discretion gray area for Golden Gopher state (89) 12. drug abusers crime control’s casualties (142) 13. revisiting Patuxent a home just for dangerous offenders (156) 14. death row southern (dis)comfort 15. correctional clients only a very few can break-in 16. long-term inmates half as much trouble for corrections 17. law man Husker’s own 18. petty recidivists usually ensnared by three-strikes (137) 19. elderly offenders predicaments and prison space (151-2) 20. gawking at the gallows a dubious distinction for Bluegrass State (73) 21. passes constitutional litmus test an indefinite stay until cured (139) 22. the Earl of arrests without rival 23. mentally ill offenders late in the game for corrections 24. wrongful convictions undermines justice 25. high-risk offenders paying a premium price in corrections (156) HISTORY OF AMERICAN CORRECTIONS Where This Leaves Us in a Crime Control World •Not Tough Enough: 60% agree •Not Spending Enough: 68% agree •Not Effective Enough: 40% very/somewhat unsuccessful Punishment of Offenders •Goals of Punishment Retribution: payback/deservedness, oldest justification for punishment (more so for murder, doesn’t work well for victimless crimes) Deterrence: deterring through fear of punishment, however makes it difficult to have successful rehabilitation systems in place o Specific (Individual/Special) – discourage individual from offending again o General (Social) – discourage public from offending Incapacitation: prevent individual to act on their tendencies to commit crime (ex. life without parole prevents offender from offending again) o “Warehousing of criminal offenders” – to store criminals away so they have no opportunity to engage in criminal behavior o Selective Incapacitation – locking up three strike perceived criminal career offenders (removing serious, high frequency offenders from the population) Rehabilitation: raises question of whether we should provide occupational training for those incarcerated, future oriented due to belief that crime will be prevented in the future because of rehabilitation received from previous offenses Restorative: provide healing for the victims of crimes such as the individuals and communities harmed by crime (possibly signed away some of the protections as a defendant) •Reconciling Differences: working at cross purposes and producing more crime as a result •Forms of the Criminal Sanction “Continuum of Punishments” DEFINING CORRECTIONS • The programs, services, facilities and organizations responsible for the management of individuals accused or convicted of criminal offenses THE CORRECTIONS SYSTEM The Great Experiment in Social Control •Boom in crime in the 70s pushed corrections system •War on drugs Increase in crime met with increase in incarceration Rate has been decreasing but incarceration still increasing Incarceration doesn’t target reasons for crime but may in fact create pipelines to correction system Reappraisal of Size and Complexity •6.9 million (under some supervision), 2.2 million incarceration •$60 billion+ annual costs, 700,000 employees Rate increasing drastically from one million to two in a decade 1/3 incarcerated but make up 90% of the cost Disparities in Size and Complexity •State and local responsible for policing and corrections o 90% state/local v. 10% federal •Big 4: New York, Florida, California, Texas o 1/3 of all incarcerated individuals, 40% of all people in the system o Set policies many other states follow (ex. three strike rule) Disparities in Size and Complexity •Goals: correcting behavior, protect public, rehabilitation, deterrence o Conflicting goals, what is the most important? •Funding: where could that money have gone, spending more for less •Street Level Bureaucrats: 1 officer for every 50 inmates, nonprofessional staff •Uncertainty and Exchange: •Our Social Values: social institution acting in odds with social values EARLY HISTORY OF CORRECTION THOUGHT AND PRACTICE The Early Years •Damien’s Execution: strike fear into people who may have spoke out against execution or the king Demonic Justice: flesh and spirit, serve a supernatural purpose by exorcising the demons from the offender •Lex Talionis: avenge, retaliation, “eye for an eye” •Secular Law: law of the people rather than the church •Wergild: paying retribution to family of murdered person •Benefit of Clergy: right to trial in an ecclesiastical court (“Neck Verse”) •Galley Slavery: forced to row ships for life (choose over gallows) •House of Corrections: forced labor, workhouse, poorhouse and penal industry •Transportation: sending offenders from one place to another, most often a penal colony as labor •Corporal Punishment: using pain, mutilation or death to punish BURDEN OF INNOCENCE THE AMERICAN PRISON: A VIDEO HISTORY Question #1: Based on your reading and updated statistics borrowed Question #1: What are the potential conflicts among the rationales used to justify from The Innocence Project, compensation statutes are now in place in 27 the prison as a correctional strategy? states and about one-third of all exonerees receive some form of - focusing on punishment as a deterrence policy makes it impossible to use rehabilitation, using rehabilitation negates the and effects of deterrence etc. to this mindset and policies as we see the ascendant A Reasoned Approach Corrections Sociology criminology contribute compensation. Discuss to the limitations associated with the compensation position of the “Chicago (social disorganization produces Question #2: In what ways School” was the prison an exception as acrime) correctional •Beccaria’s View (On Crimes convicted and Punishments process for those wrongfully (and1764) what the money cannot •Medical Model (1930-1960) strategy in ancient andEra medieval times? Utilitarian Focus: greatest good for greatest number address). On heels/overlaps with progressives - Rarely used, workhouses (not quite prisons), standalone punishment doesn’t come into being until Social law that$25,000 produces harm •Robinson helps Injury: pass billviolation in Texasofgranting persocial year wrongfully spent in prison Deviance asmajor a with sickness, focus social, psychological, biological much later, other things used greater zeal,onwe are the exception because our generation seesare Role of Punishment: explicit for action Career Criminal “Habitual What are the components within the corrections system andonly what •Fear of being put back changesOffender” the wayrepercussion you do everything in life, dress, walk, eat, go out More science based but no less unsettling mass incarceration Trial Process: speedy trial and humane treatment who seescan crime as lawful a way of earning a living, who hasbeforehand numerous contacts with the the load-sharing arrangements within the system (e.g., “Big 4”; Three-P’s, just to•Person make sure you do those things Build a tailored individualized planThe for recovery criminal justice system over time and who may swiftness view the criminal sanctions as a normal part of Question life #3: How does John Howard’s State of Prisons in England and Wales etc.)? Deterrance Principles: certainty, severity, •Something must be you aifliving, you had been in prison for that long Walter Freeman: lobotomy, process thousands of people in short period o Crime is wrong way ofwith earning main -Probation, Parole – 56% probation, 15% parole but on prisons 90% of budget, Big Four (Ch. 2, pp. 41-42)Prison, or the work of Benjamin Rush reflect the take changing demands Role of Imprisonment: part but not all of occupation deterrence Difficulties: oneofsize fits all beginsindividuals, to take over40% dueoftoall thepeople time and costs Question #2: Dwight Ritterfor (trial attorney for exonerees) contends that o Develops useful the commission of crimes NY, FL, CA,(hint: TX 1/3 all incarcerated in the system, set policies made by society consider overlap with Ch. 3, “arrival of the penitentiary, p. Deterrence isskills the failure to engage in crime based on the fear of legal punishment •Community Corrections (1960-1970) the wrongfully convicted are not typically “doctors and lawyers” but, the o Started as a delinquent child and progress towards criminality many other states follow (ex. three strike rule) •Jeremy Bentham’s Perspective 49)? Revisits older periods having corrections play out in community o minorities. Expects to doPrinciple: time in does prison as a cost of thisthe typevulnerability of work haveothers our views of the criminal offender changed over time (i.e., of from prepoor and What this tell usdoing about of some Pleasure/Pain organized punishment mathematically - Howard,How like Using many at the time, began to have a more concerned view on the conditions the strategies liketo service, parole o Psychologically normal classical to classical positivist)? segments of society “unjust punishment”? How might these Criminal Child:to unable to control actions poor. Prisoners wereControl often poor because they could not pay their discharge fee even if they were •Crime Model (1970-Present) •What to make priorwrongfully bad acts and convicted patterns of offending? Is thisintheir first or fifth and what crimes attributed to the devil Classical: actions stemming from free will that vulnerabilities forofthe be reflected and reinforced Panopticon: people would think they were always being watched acquitted -Pre-Classical: and wealthier people had a lower chance of being charged or convicted. Perspective that crime was rising, andfrom drugs rampant Positivist: behavior is a product happened during their time in system from previous offenses? demands responsibility and accountability allwere perpetrators. by felony processes judges, sentencing guidelines and presentence •John court Howard Question #4: Whichswing of the two models of the penitentiary were the U.S. and Pendulum from rehabilitation Substance Abuser of economic, psychological and social factors and the scientific method can be applied to ascertain Inspects own shire and discovers very unsafe conditions the prisons money grab of Europe most Getting comfortable tougher may withnot and control whyrates (consider of crime overlap with pp. 50-53 here)? reports? •Person whosehis use of illegal chemical substances disrupts normalof living patternsand to the extent the causes of behavior. RETHINKING THE APPROACH owners, abuse of incarceration - Germany, France, Belgium and“ONE-SIZE-FITS Holland all beganALL” to implement solitary confinement systems similar •People who have the strength, or leading supportto that cant scream out about their innocence. that socialdon’t problems develop, often criminal behavior What social factors have influenced correctional thought and practice (e.g., Criminal Justice “Filtering” Process Eliminate system, inspections to the PA urbanization, model. Most states began shifting frometc.)? the PA model to the NY model. Raises the ofdo how many people don’troutine have the backing of the Innocence Project or oquestion May notfee well insafe/sanitary, incarceration setting industrialization, •Factors Influencing “Secret” – taken prisoner in Portugal, turned critical of system Question #5: How did prison workers become “decision makers” rather thanrationality, “riot Mentally Ill Offender - The Enlightenment, or Age of Reason (1700s) brought about a concern for liberalism, other exceptional avenues. There is nothing there for victims of the criminal justice system o Policy decision that street crimes warrant more police attention than white-collar U.S. CORRECTION HISTORY AND PRACTICE stoppers” (andand how does this “The shift scientific fit with revolution the classification cited on pp.or •“Disturbed” criminal behavior may be traced to diminished or otherwise equality individualism. encouragedprocess, people to question established despite there beingperson things whose for offenders, victims of offenses, refugees etc. corporate crimes Experiments in Social Control 57-59)? abnormal capacity to think or reason, as a result of psychological or neurological disturbance institutions, use power to remake society, believe progress would ultimately bring a just Question #3: Peter Neufeld admits that he was naïve about Ricky Daye’s o Decision to grant bail: show up to court wearing convict clothing, much more likely to be Correctional Client •Penitentiary Era (1790-1870) - They began community.” gaining the Cause power a reconsideration to give inmatesof behavioral how criminal strikes, lawinshould Elmira, beNY administered inmates start andoftoG2 redefine adjustment to life once he wassets released. How might this overly optimistic convicted and conviction length will be longer •Classification specific ofpractice objective in need goals and practices of corrections. Invented bySystems: John Howard, put into incriteria, the US offense history, previous experienceand nine marks in a month for six months to move to G1 but bad behavior allowed demotion to o Individuals without jobs or property are more likely to be held as they are at higher risk for assessment of life for exonerees be shared by the America public? To system substance abuse patterns applied to all inmates to determine an appropriate Howgained do wepower differentiate the philosophies for punishment (ie. deterrence, incapacitation, USand v. Europe G3. Workers over inmates by controlling the lengths of their sentences through fleeing rehabilitation, restorative.)? what extent exonerees, through proven innocent, suffer some of the classification West v.do South v. Northeast (Diffusion of Correctional Innovation) marks. retribution, o Range of punishments for convicted offenders: males more likely to receive differing types o Offence Criteria: classify by the seriousreading? of crime committed “invisible punishments” detailed in your -Retribution: to be punished but impose sanction that reflets the use valueoftheboth community •Reformation Era (1870-1880) Question Howdeserve has influenced the success and the of #6: incarceration andovercrowding forDeterrence: longer amounts o Risk Criteria: to thebeprobability future criminal conduct places on right conduct. serveofastime example and detercorrections/crime others and you from committing •ThoughtACA once people out theyas would so relievedofand assimilate right back but people is Born!get classify penitentiary and reformatory overlap with trends o Media portrayals(note: of thoseconsider who are detained verses those free on bail shape our perceptions o Program Criteria: classify as to the nature of the correctional treatment appropriate to the again. Incapacitation: you will be unable to violate the law. Rehabilitation: personality led you have hadBrockway’s problems with jobs, relationships, etc. “At least in jail I can still get a job” Unable “Whole Man” Approach cited in Ch. 3)? of offenders person’s need and situation to violate so treated in ways that rectify behavior so you do not break again. to get jobs Inmate in anything Classification outside of prison. Hurdle is too high causing people to eventually - Overcrowding has been a consistent mark of the end of the success of each era. Once a system gets Presentence Report •Broader Issues What have been some of the points of controversy with sentencing Indeterminate •Report prepared a probation become officer, who investigates a convicted offender’s background to help reach their Happy one minutes, crying the next, isolated in the closet with no pushed too hard, funding and by overcrowding its demise obreaking Overlap point. andSentences ambiguity in classifications guidelines? the judge select an appropriate sentence Inmate Controls Fate and Role of expunged “Decision Makers” reason why. Records are not automatically exoneration. 10 different types, only 80% of all variation after -Sociopolitical pressures to convict/not convict someone, behavioral probabilities, unlikely to o Ideally would produce a tailormade approach to individuals’ rehabilitation Difficulties Encountered: ideally classify and house by inmate type (violent; recidivism), use Question #4: John Wilson (mental health practitioner who works with Correctional client types are broken down to distinguish from others commit crime again, may not do well in incarceration system, sentencing disparities o Time judge must review each case is much too short to properly make a judgement indeterminate of varying lengths (and release when inmate is “reformed” o Offense classification and correctional programming exonerees) citessentences the “ultimate aloneness” of exonerees. What does he – inmate How does corrections reflect a “filtering process” within the criminal justice system? •Also investigates offender’s job status, mental condition controls their fate and correctional officers become “decision makers”…Crowding, falling back o Behavioral probabilities mean by this and how does this relate to victims of our criminal justice •Assists in classification of probationers, prisoners and parolees for treatment planning and risk into the use ofand corporal punishment….for First-time, young felons (under 30) and start at 2 and Imprecise inexact system? What does it tellscience us about the legitimacy of the entire criminal assessment (good) bump to a 1; (bad) demoted to a 3! o Sociopolitical pressures justice system in terms of goals and operation? o Assess how well they did with the correctional system with prior arrests (did they make Claims 81% figure for “reformed”REVIEW (might beSESSION a tad generous in that estimate); guards fell back and maintain probation) •There systems in timeline place in the USof that help victims of Howard these events to help thetoget Annotated historical – idea penitentiary from but were first implement, how toare oldno ways/thinking; understaffed, underresourced! Situational Offender backmuch into society. They feel like there is nothing and no one willing to help them. The only carryover do find today, crime control model is reverting to old ways, overly enamored •Progressives Erawe (1890-1930) •Person who in a particular set of circumstances has violated the law but who is not inclined toward comfort with they incarceration have is drinking. in the US, Unconscious sided with the wish to model go v. back vs.toEuropeans a place youwho are sided familiar with with, PA Positivism vs. Classical Thinking (orNY Actor Act) criminal behavior under normal circumstances and is unlikely to repeat the offense What are judges attending to? – blameworthiness, community protection valued over individual, “maybe prison was better.” Scars are deep. “ready to die” prayed not to have to wake up the Expansion and Associated Strategies •Situational offender made a mistake and paid a debt to society that mistake times of economic what will and happen correction nextinmorning focus shifts to decline the environment howtothat might besystem causing adult offending and juvenile •Type of criminal that typically does well in prison system, but early release causes public outcry Restorative – bring victim to the table with a community voice and offender Question #5: (first Offerjuvenile an explanation for delinquency court emerges in how Cook these County,skewed Illinois inperceptions 1899 that recognizes and •Will often receive a rather harsh punishment for the situational offense, a mismatch because could What historical shifts have we seen with respect to the crime rate and treats kids’ offenses d...
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