CRJU 312 E01 Final Exam Study Guide
CRJU 312 E01 Final Exam Study Guide 312 E01
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This 13 page Study Guide was uploaded by Patric Roberts on Tuesday April 26, 2016. The Study Guide belongs to 312 E01 at University of South Carolina taught by Larry Saunders in Spring 2016. Since its upload, it has received 22 views. For similar materials see Corrections in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 04/26/16
CRJU 312 Final Exam Study Guide Completion of this study guide is your “ticket” to attend the detailed, in- class review session that will be conducted on Monday, April 25 at 5:30pm. You must provide a brief definition/explanation of each of the below terms AND BRING A PRINTED OUT COPY TO CLASS. An incomplete study guide will not be acceptable, nor will I accept a student simply bringing in my Powerpoints. Failure to comply will be interpreted as a lack of interest in the final exam review. As such, you will not be permitted to attend the in- class review, however, you will NOT be counted as absent. Note that this is a cumulative final exam Chapter 1 Differences between Prison and Jail o Jails are run by the county while prisons are run by the state and the federal government o Jail is where an inmate is held while they wait to face trial o Jail sentences are usually 1-2 years o Felonies can call for prison time Sanctions o Written laws 3 basic concepts of Western criminal law o offense o guilt o punishment 5 Key issues facing Corrections today o conflicting goals o inadequate funds o increasing bureaucratic efficiency o Coordinating correctional activity across different agencies o Dealing with correctional uncertainty Chapter 2 5 punishments common in Europe before the 1800s o Galley Slavery o Imprisonment o Transportation o Corporal Punishment o Death Cesare Baccaria o Cesare Beccaria and the classical school put forth the idea that the true aim and only justification for punishment is utility: the safety it affords society by preventing crime. o This perspective was particularly concerned with establishing a rational link between the gravity of a crime and the severity of punishment. Six principles of Classical Criminology o Utilitarian Concept of the greatest good for greatest number of people. o Crime is an injury to society (rational measure is the extent of injury). o Prevention of crime is more important than punishment for crime (individual rights to speedy trial and humane treatment). o Secret accusations and torture must be abolished. o Punishment must be crime deterrence (swift and certain, rather than severe). o Imprisonment should be more widely employed (classification of prisoners) John Howard o English prison reformer whose book The State of Prisons in England and Wales contributed greatly to the passage of the Penitentiary Act of 1779 by the House of Commons o Probably no individual did more for penal reform in England than John Howard—county squire, social activist, and Sheriff of Bedfordshire Penitentary Act of 1779 (4 principles) o A secure and sanitary structure o Systematic inspections o Abolition of fees o Reformatory regimen Chapter 3 William Penn o Adopted the Great Law of Pennsylvania o Based on humane Quaker principles and emphasized hard labor in a house of correction as punishment for most crimes. o Death reserved for premeditated murder o The law was used until 1718 when it was replaced by the Anglican Code o The Anglican Code featured 13 laws, 12 of which were punishable by death (larceny was the exception) o Corporal punishment was used for a variety of offenses Pennsylvania System (Separate System) o Prisoners would not be treated vengefully but should be convinced that through hard and selective forms of suffering they could change their lives. o Solitary confinement would prevent further corruption inside prison. o In isolation, offenders would reflect on their transgressions and repent. o Solitary confinement would be punishment because humans are by nature social beings. o Solitary confinement would be economical because prisoners would not need long periods of time to repent, and therefore fewer keepers would be needed and the costs of clothing would be lower. New York (Auburn) System (Congregate System) o Faced with overcrowded facilities in 1816, the New York legislature authorized a new state prison at Auburn. o Influenced by the success of separate confinement, New York decided on an experiment to test the effectiveness. o The separate system proved a failure (sickness, insanity, and suicides). The practice was discontinued in 1824 o Congregate System o Beginning in 1831, inmates were held in isolation at night but congregated on workshops during the day under a rule of silence. Inmates were forbidden from talking or even looking at each other while working o Very rigid discipline with Prison Stripes and Lockstep Alexander Moconochie (Mark System) o Penalties would be graded according to crime and release would be based on good behavior. Irish System o In 1854 in Ireland, Sir Walter Crofton adopted practices similar to the mark system that came to be known as the Irish or intermediate system. Positivist School o Two words that describe this positivist school of thought: conscience & convenience o A benevolent set of men and women sought to understand crime, case by case o Need to know life history of each offender and then devise a treatment program specific to that individual Chapter 4 Deterrence (2 types) o Specfic Deterrence Made for one individual offender meant to punish the individual o General Deterrence Punihsment meant to make example out of offender so others fear they will receive the same punishment Retribution o Deserved punishment Incapcitation o Making sure offender is out of public and can no longer commit crime Rehabilitation o The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy. o Goal is oriented solely toward the offender. o Severity of punishment and gravity of crime not related. Indeterminate o Closely associated with the rehabilitation concept o A period of incarceration with minimum and maximum terms stipulated o Example: 2-5 years o Parole eligibility depends on the time necessary for treatment Determinate o A fixed period of incarceration imposed by a court o Associated with the concept of retribution or deserved punishment Intermediate Sanctions (examples) o Fines o Home confinement o Intensive probation supervision o Restitution to victims o Community service o Boot camp o Forfeiture Probation o An alternative to incarceration where the offender serves a sentence in the community under supervision o The most frequently applied criminal sanction o 56.8% of adults under correctional supervision are on probation (approximately 3.94 million adults) o Not extended to offenders as a RIGHT o Conditions set forth on how an offender is to behave o If the conditions are not met, probation can be revoked Chapter 5 4 foundations that support the legal rights of prisoners o Constitutions Statutes Case Law (Precedent) Regulations Civil Rights Act of 1871-Section 1983 Habeas Corpus Deliberate Indifference Which Amendment grants the right to Parole? Chapter 7 List and describe 4 special problems of Jail Detainees o Mental health problems o Legal problems o Medical problems o Substane abuse problems Mental Health o Almost 2/3 of jail prisoners have a history of mental problems o Most jails lack resources to provide care o Many jails now screen new arrivals for mental health problems o Inmates with mental health problems are typically referred to social services for treatment, and diverted from criminal prosecution Substance Dependency o Half of all people placed in jail were under the influence of alcohol or illegal drugs at time of arrest o Over 2/3 (more than 400,000 jail inmates) have a history of substance abuse o More than 1/2 have history of failed drug treatment o Most dramatic problem is withdrawal o Addicts are more likely than non-addicts to attempt suicide Medical Needs o Minor scrapes and bruises to major injuries o Routine health deficiencies of lower class: o Infections o Poor nutrition o Lack of dental care o More than 1/3 of those in jail report physical ailment o 60% of jails make prisoners pay for medical care o The most pressing medical issue today relates to the offender with AIDS Legal Needs o Suspects need information about what will happen prior to their trial, help in securing release through bail or diversion o Need help in preparing their case, negotiating with prosecutor or directing defense attorney; o People locked up suffer a disadvantage preparing for a case o Likely to need public defender o Public defenders do not have the time or resources to spend sufficient time on their cases o Detainees have relatively dim legal prospects Bail Bondsman o An independent businessperson who provides bail money for a fee, usually 10%of the total Types of Bail o Cash bond o Release on Recognizance o Pretrial diversion Release on Recognizance o More than 1/5 do not show up for court hearings o These are called absconders, and unless there is some good reason they missed the court date, a warrant is issued for their arrest Surety Bond o Someone promises someone else they will pay back the amount of their bond Cash Bond Preventive Detention o Defendants likely to commit crime are kept in jail as a public safety measure Chapter 8 John Augustus o the first to formalize court leniency. He wanted to help offenders and get them to reform. He was the first to use the term “probation.” He also developed these ideas: a. A pre-sentence investigation. b. Social casework. c. Reports to the court. d. Probation revocation. Victim Impact Statement o Description in PSIs of the costs of the crime for the victim, including emotional and financial losses o Probation officer must interview victim and in their words report the damage 3 Types of Probation Conditions (Standard, Punitive, Treatment) o Standard Constraints imposed on all probationers Include reporting to the probation office and maintaining employment o Punitive Constraints imposed on some probationers to increase the painfulness of probation; including fines, community service, and restitution o Treatment Constraints imposed on some probationers to force them to deal with a significant problem or need (e.g., substance abuse) Recidivism o The return of a former correctional offender to criminal behavior, as measured by new arrests or other problems with the law o Important because it reflects the effectiveness of a probation strategy o The American Probation and Parole Association has been unable to uncover a link between the size of a caseload and the effectiveness of supervision 3 Stages of Revocation Process o Preliminary hearing (sometimes waived): Facts of arrest reviewed to determine if there is probable cause a violation occurred o Hearing: Facts of allegation are heard and decided Offender has the right to counsel o Sentencing: Judge determines whether to impose incarceration or to reinstate probation with greater restrictions Chapter 10 Custodial Model o Emphasizes security, discipline, and order o Assumption is that prisoners have been incarcerated for the purpose of incapacitation, deterrence or retribution Rehabilitation Model o Emphasizes the provision of treatment programs designed to reform the offender o Security and housekeeping are preconditions for rehabilitative efforts Reintergration Model o Emphasizes maintenance of the offender’s ties to family and the community as a method of reform, in recognition of the fact that the offender will be returning to the community # of prison in US (% run by states) % of federal inmates who are not US citizens o 27% Classification of Prisoners o . State prisons for men usually are classified according to security level: maximum, medium, and minimum, “super-max” a. There are no national design or classification standards, so a maximum-security facility in one state may look like a medium- security facility in a different state b. Because there are so few female inmates, many states house them all in one institution c. Males are assigned to a specific type of facility based on several factors, including: i. Seriousness of offense ii. Possibility of attempting escape iii. Potential for violent behavior Problems with Private Prisons o Differences in programming (varies immensely) o Costs Lower cost to taxpayers, yet private prison need to fill their cells in order to be profitable o Accountability o Fears that the private corporations will press to maintain high occupancy and will be interested in skimming off the best inmates o d. Legal issues o Liability of Guards—the U.S. Supreme Court said that private prison guards did not have legal protection under Section 1983 and are fully liable for their actions when they violate a protected right. 4 factors that affect correctional operations o Increased number of elderly prisoners o Many prisoners with HIV/AIDS o High number of mentally ill prisoners o Increase in long-term prisoners 4 issues facing elderly inmates o Housing Need special accommodations o Medical Care More likely to develop chronic illnesses o Programs Must be tailored to fit abilities of elderly o Release nd Requires special efforts 2 leading cause of inmate deaths o AIDS Chapter 11 Inmate Code o norms and values are organized along racial, ethnic, and age lines Don’t interfere with inmate interests Don’t quarrel with fellow inmates Don’t exploit inmates Maintain yourself Don’t trust the guards or the things they stand for Prisonization o The process by which a new inmate absorbs the customs of prison society and learns to adapt to the environment o Short sentences, continuation of contacts with the outside, a stable personality, and refusal to become part of the group weaken prisonization o A big issue surrounding prisoners is one of deprivation versus importation 4 basic adaptive roles o 1. Doing Time: men “doing time” view their prison terms as a brief, inevitable break in the criminal career; a cost of doing business o 2. Gleaning: these inmates take advantage of prison programs to better themselves and improve their minds and prospects for success after release o 3. Jailing: those who cut themselves off from the outside and try to construct a life within the prison o 4. Disorganized Criminal: inmates who are unable to develop any of the other three role orientations; these inmates are often of low intelligence or afflicted with disabilities; they have difficulty functioning within prison society and are easily manipulated by others 3 main categories of prison violence o inmate vs. inmate o inmate vs guard o guard vs inmate 3 factors that underlie violence among inmates o age o attitude o racce 5 major prison gangs o 6 factors to weaken gang influence o Identifying members o Segregating housing o Restricting gang symbols o Strip searches o Monitoring mail and telephones o Provide only no-contact visits Protective Custody o Known as “Special Management Inmates” o Life not pleasant, limited opportunities Chapter 12 3 reasons women are the “Forgotten Offenders” o discriminatory treatment from judges o few program resources from penal administrators o little attention from criminal justice scholars 3 principles of female prison reform o Separation of women prisoners from men o Provision of differential care o Management of women’s prisons by female staff Subculture of women’s prisons o Same sex relationships are more voluntary than in men’s prisons o Female inmates tend to form pseudofamilies: o Father, Mother, Daughter, Sister o The pseudo-families help relieve the tensions of prison life and assist in the socialization of new inmates. o Prisons less violent, less gang activity, and do not have same racial tension 3 programs offered to inmate mothers o Special visiting areas with children o Overnight visits with children o Nursery programs Chapter 14 Median time spent is prison o 23 months 6 types of inmate programs o Rehabilitative programs o Psychological behavioral programs o Medical service o Industrial programs o Daily facility maintenance o Recreational programs Principle of Least Eligibility o Prisoners should be the least eligible of all citizens for social benefits beyond the bare minimum required by law o Administrators find it difficult to justify the practice of offering better services to prisoners than those available to law-abiding citizens o The principle of least eligibility reflects a strong public ambivalence about correctional programming o Pell Grants for education for inmates 4 Approaches to Prison Industry o Contract labor, piece price, and lease systems o Public account system o State-use system o Public works and ways system Chapter 15 Parole o The conditional release of an inmate from incarceration under supervision after part of the prison sentence has been served o Three concepts: o Grace or privilege—Prisoner could be kept incarcerated but the government extends the privilege of release o Contract of consent-Government and prisoner enter into a contract whereby the prisoner promises to abide by certain conditions o Custody-Parole is an extension of correctional programs in the community 5 Release Mechanisms o Discretionary release o Mandatory release o Probation release o Other conditional release o Expiration release Discretionary Release Process o Nature/circumstances of offense and current attitude towards it o Prior criminal record o Attitude towards family members, victims, and authority in general o Institutional adjustment/progress o History of community adjustment o Physical, mental, and emotional health o Insight into causes of past criminal conduct o Adequacy of parole plan Chapter 16 Reasons for Parole Revocation o Committing a new crime o Violating conditions of parole (technical violation): 2 stage Revocation Proceedings o Parole board determines whether there is probable cause that a violation has occurred: o Right to be notified of charges o Be informed of witnesses o Be heard o Present witnesses o Confront parole board witnesses (safety) o Number of revocations is hard to determine. Within 3 years, 68% of parolees are arrested for a new violation, and 47% are convicted of said violation. 2. Parole board decides if the violation is severe enough to warrant return to prison. Community Correctional Centers o A small-group living facility for offenders, especially those who have been recently released from prison: o Typically house between 10 & 25 offenders at a time. Usually provide counseling and drug treatment Impose strict curfews Residents can gradually earn a reduction in restrictions Idea is to provide treatment while promoting step-by-step adjustment to community life Work Release Centers o A facility that allows offenders to work in the community during the day while residing in the center during nonworking hours. o Originated in Wisconsin with the 1913 Huber Law. o Two types: Prisoners work during day and return at night Offenders work and live at home during week, return to center on weekends Barriers to Success o Civil Disabilities: o Right to vote o Public assistance and food stamps o Public housing o Driver’s licenses o Adoptions and foster care o Student loans Expungement o A legal process that results in the removal of a conviction from official records. Pardon o An action of the executive branch of the state or federal government excusing an offense and absolving the offender of the consequences of the crime. o 4 elements of successful reentry o Getting substance abuse under control o Getting a job o Getting a community support system o Getting a new sense of “who I am” Chapter 20 5 modern methods of execution o lethal execution o hanging o firing squad o electric chair o gas chamber Arguments in support of death penalty o It is necessary for some of the worst evils o Keeping inmates in prison all their life can be costly Arguments in opposition to death penalty o Inhumane o Wrongful convictions # of executions since 1977 o 1379 # of inmates on death row today o 3088 Furman v. Georgia o Death penalty not unconstitutional but the way it was administered was cruel and unusual punishment Atkins v. Virginia o Execution of the mentally retarded was unconstitutional Roper v. Simmons o Offenders cannot be sentenced to death for crimes they committed before they reached the age of 18 Kennedy v. Louisiana o Capital sentence where the crime did not involve murder was in th th violation of the 8and 14 Amendments Coker v. Georgia o Use of death penalty for rape of an adult was unconstitutional # of women on death row o 51 # of women executed since 1977 o 14 5 states with most executions o Texas (477) o Virginia (109) o Oklahoma (96) o Florida (71) o Missouri (68) # of death row inmates exonerated since 1973 o 144
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