Exam 1 Study Guide
Exam 1 Study Guide CJ 270
Popular in Introduction to Corrections
Popular in Criminal Justice
This 12 page Study Guide was uploaded by Michela Spicer on Tuesday September 6, 2016. The Study Guide belongs to CJ 270 at University of Alabama - Tuscaloosa taught by Patrick Halliday in Fall 2016. Since its upload, it has received 45 views. For similar materials see Introduction to Corrections in Criminal Justice at University of Alabama - Tuscaloosa.
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Date Created: 09/06/16
Objectives o Describe the corrections explosion of the past 20 years, including the recent leveling off of correctional populations Crime rates are the lowest they have been in 20 years. However, the population in correctional facilities is still increasing because of those that are caught using drugs, police are becoming more strict on crime in general, people are violation their parole, etc. This growth in population in the facilities is leading to an increased work force, causing the police agencies to hire more people o Describe how crime is measured in the United States, and list the kinds of crimes that cause people to enter correctional programs and institutions Two of the most important sources of arrest information are the FBI’s Uniform Crime Report and the National Crime Victimization Survey, which is published by the Bureau of Justice Statistics People included in correctional programs and institutions all over the country are people who have committed felonies, misdemeanors and/or infractions o List and describe the various components of the criminal justice system, including the major components of the corrections subsystem Main components of the criminal justice system: police, courts, and corrections Major components of the corrections subsystem: jails, probation, parole, and prisons Jails and prisons are examples of institutional corrections, while probation and parole are forms of non-institutional corrections o Explain the importance of professionalism in the corrections field, and describe the characteristics of a true professional Professionalism is important because it can win the respect and admiration of others outside the field (ex: citizens of a town) Professionals are considered trusted participants in any field o Define evidence-based corrections, and explain the important role that it plays in corrections professionalism today Evidence-based corrections: the application of social scientific techniques to the study of everyday corrections procedures for the purpose of increasing effectiveness and enhancing the efficient use of available resources Important to remember that the word evidence refers to scientific, not criminal evidence o Understand what is meant by social diversity, and explain why issues of race, gender, and ethnicity are important in corrections today Social diversity looks to the differences of race, gender, and ethnicity It is important in corrections because it impacts individuals in the corrections facilities, influences the populations and trends, affects the lives and interests of those working in the field, and can help determine the structure and functioning of the institutions oDescribe the types of punishment prevalent in ancient times Corporal (aka physical) punishment was most common in response to those who committed crime Corporal punishments came BEFORE people began to be convicted and incarcerated o List and describe the major criminal punishments used through history Flogging: leather straps or willow branches, even heavy complicated instruments designed to inflict a maximum amount of pain Branding: a mark or letter representing the crimes they committed was branded on a person’s body. Usually placed on their forehead or somewhere else on their face Mutilation: this punishment fit the crime Ex: thieves had their hands cut off, liars had their tongues cut out, etc. Exile: this was a replacement for the death sentence, the banished person could no longer rely on their old community for support Transportation: prisoners were sent to islands off the coast of the country to be imprisoned Public humiliation: prisoners were tied up in a public place and people were allowed to throw things at them (ex: eggs, rotten fruit). These prisoners were sometimes branded or whipped in public oExplain the role of torture in the justice systems of times past Torture of multiple kinds was used as an attempt to get confessions from people. Torture was justified by the belief that guilty knowledge was properly the property of the king or the state, and that exceptional means could be used to recover it o Explain the ideas that led to the use of incarceration as a criminal punishment and as an alternative to earlier punishments Many reformers based their ideas on principles from the Enlightenment, including use of reason and logic to solve problems. These reformers laid the groundwork for the use of imprisonment as an alternative to punishments used in the past o Explain the role of correctional reformers in changing the nature of criminal punishment Starting in the mid-1700s, a number of reformers argued the use of corporal punishments and began to introduce more humane forms. These reformers were Cesare Beccaria, Jeremy Bentham, and John Howard o Describe sentencing philosophy and identify the central purpose of criminal punishment The philosophy is that people need to be held responsible for their actions and the harm they cause to those around them. Western society has a long tradition of sentencing offenders to some form of punishment. Many scientists suggest that the central purpose of punishment is to maintain social order oName the seven goals of criminal sentencing Revenge Retribution Just Deserts Deterrence Incapacitation Rehabilitation or reformation Restoration oList and explain the sentencing options in general use today Sentencing options are fines or other sanctions involving money, probation, alternative or intermediate sentences, incarceration, and capital punishment o Explain what a model of criminal sentencing is and identify models in use today Sentencing models vary widely among jurisdictions These models include indeterminate sentences, determinate sentences, voluntary or advisory sentencing guidelines, presumptive sentencing guidelines, and mandatory minimum sentencing o Describe three-strikes law and their impact on the correctional system The rationale for three-strikes law: offenders convicted repeatedly of serious offenses should be removed from society for long periods of time Many three-strikes laws require a life sentence for the third violent felony conviction People who analyzed this law predicted that courts would be overwhelmed, as more defendants demanded jury trials. Added time would cause the populations of correctional facilities to increase rapidly oIdentify and explain some major issues related to fair sentencing Fair sentencing suggests that any truly fair sentencing must incorporate fairness for both victims and offenders Issues related to fairness are proportionality, equity, social debt, and truth in sentencing Key Terms oCrime: a violation of a criminal law o Prison: a state or federal confinement facility that has custodial authority over adults sentenced to confinement o Sustainable justice: criminal laws and criminal justice institutions, policies, and practices that achieve justice in the present without compromising the ability of future generations to have the benefits of a just society o Felony: a serious criminal offense; specifically, one punishable by death or by incarceration in a prison facility for more than a year o Misdemeanor: a relatively minor violation of the criminal law, such as petty theft or simple assault, punishable by confinement for one year or less o Infraction: a minor violation of state statute or local ordinance punishable by a fine or other penalty, or by a specified, usually very short term of incarceration o Correctional clients: prison inmates, probationers, parolees, offenders assigned to alternative sentencing programs, and those held in jails o Criminal justice: the process of achieving justice through the application of the criminal law and through the workings of the criminal justice system. Also, the study of the field of criminal justice o Criminal justice system: the collection of all the agencies that perform criminal justice functions, whether these are operations or administration or technical support. The basic divisions of the criminal justice system are police, courts, and corrections o Adjudication: the process by which a court arrives at a final decision in a case o Arraignment: an appearance in court prior to trial in a criminal proceeding o Nolo contendere: a plea of “no contest.” A no-contest plea may be used by a defendant who does not wish to contest conviction. Because the plea does not admit guilt, however, it cannot provide the basis for later civil suits o Institutional corrections: that aspect of the correctional enterprise that “involves the incarceration and rehabilitation of adults and juveniles convicted of offenses against the law, and the confinement of persons suspected of a crime awaiting trial and adjudication” o Noninstitutional corrections (also community corrections): that aspect of the correctional enterprise that includes “pardon, probation, and parole activities, correctional administration not directly connectable to institutions, and miscellaneous [activities] not directly related to institutional care” o Corrections: all the various aspects of the pretrial and postconviction management of individuals accused or convicted of crimes o Mores: cultural restrictions on behavior that forbid serious violations- such as murder, rape, and robbery- of a group’s values o Folkways: time-honored ways of doing things. Although they carry the force of tradition, their violation is unlikely to threaten the survival of the social group o Criminal law (also penal law): that portion of the law that defines crimes and specifies criminal punishments o Profession: an occupation granted high social status by virtue of the personal integrity of its members o Corrections professional: a dedicated person of high moral character and personal integrity who is employed in the field of corrections and takes professionalism to heart o Professional associations: organized groups of like-minded individuals who work to enhance the professional status of members of their occupational group o Certification: a credentialing process, usually involving testing and career development assessment, through which the skills, knowledge, and abilities of correctional personnel can be formally recognized o Evidence-based corrections (also evidence-based penology): the application of social scientific techniques to the study of everyday corrections procedures for the purpose of increasing effectiveness and enhancing the efficient use of available resources o Cost-benefit analysis: a systematic process used to calculate the costs of a program relative to its benefits. Programs showing the largest benefit per unit of expenditure are seen as the most effective o Racism: Social practices that explicitly or implicitly attribute merits or allocate value to individuals solely because of their race o Corporal punishments: physical punishments, or those involving the body o Bridewell: a workhouse. The word came from the name of the first workhouse in England o Utilitarianism: the principle that the highest objective of public policy is the greatest happiness for the largest number of people Side note: Utilitarian people believed in capital punishment- for murder or other serious crimes Making the punishment such that a rational person would not commit the crime o Hedonistic calculus: the idea that people are motivated by pleasure and pain and that the proper amount of punishment can deter crime o Sentencing: the imposition of a criminal sanction by a sentencing authority, such as a judge o Sentence: the penalty a court imposes on a person convicted of a crime o Social order: the smooth functioning of social institutions, the existence of positive and productive relations among individual members of society, and the orderly functioning of society as a whole o Revenge: punishment as vengeance; an emotional response to real or imagined injury or insult o Retribution: a sentencing goal that involves retaliation against a criminal perpetrator o Just deserts: punishment deserved. A just deserts perspective on criminal sentencing holds that criminal offenders are morally blameworthy and are therefore deserving of punishment o Deterrence: the discouragement or prevention of crimes through the fear of punishment o Specific deterrence: the deterrence of the individual being punished from additional crimes o General deterrence: the use of the example of individual punishment to dissuade others from committing crimes o Pleasure-pain principle: the idea that actions are motivated primarily by a desire to experience pleasure and avoid pain o Incapacitation: the use of imprisonment or other means to reduce an offender’s capability to commit future offenses o Correctional econometrics: the study of the cost- effectiveness of various correctional programs and related reductions in the incidence of crime o Rehabilitation (also reformation): the changing of criminal lifestyles into law-abiding ones by “correcting” the behavior of offenders through treatment, education, and training o Reintegration: the process of making the offender a productive member of the community o Restoration: the process of returning to their previous condition all those involved in or affected by crime- including victims, offenders, and society o Restorative justice: a systematic response to wrongdoing that emphasizes healing the wounds of victims, offenders, and communities caused or revealed by crime o Victim-impact statement: a description of the harm and suffering that a crime has caused victims and survivors o Restitution: payments made by a criminal offender to his or her victim (or to the court, which then turns them over to the victim) as compensation for the harm caused by the offense o Mandatory sentences: those that are required by law under certain circumstances- such as conviction of a specified crime or of a series of offenses of a specified type o Presentence report (PSR): a report prepared by the probation department of a court that provides a social and personal history as well as an evaluation of a defendant as an aid to the court in determining a sentence o Consecutive sentences: sentences served one after the other o Concurrent sentences: sentences served together o Model of criminal sentencing: a strategy or system for imposing criminal sanctions o Flat sentences: those that specify a given amount of time to be served in custody and allow little or no variation from the time specified o Indeterminate sentence: a sentence in which a judge specifies a maximum length and a minimum length, and an administrative agency, generally a parole board, determines the actual time of release o Good time: the number of days or months prison authorities deduct from a sentence for good behavior and for other reasons o Determinate sentence (also fixed sentence): a sentence of a fixed term of incarceration, which can be reduced by good time o Sentencing commission: a group assigned to create a schedule of sentences that reflect the gravity of the offenses committed and the prior record of the criminal offender o Sentencing enhancements: legislatively approved provisions that mandate longer prison terms for specific criminal offenses committed under certain circumstances (such as a murder committed because of the victim’s race or a drug sale near a school) or because of an offender’s past criminal record o Mandatory minimum sentencing: the imposition of sentences required by statute for those convicted of a particular crime or a particular crime with special circumstances, such as robbery with a firearm or selling drugs to a minor within 1,000 feet of a school, or for those with a particular type of criminal history o Habitual offender statute: a law that (1) allows a person’s criminal history to be considered at sentencing or (2) makes it possible for a person convicted of a given offense and previously convicted of another specified offense to receive a more severe penalty than that for the current offense alone o Fair sentencing: sentencing practices that incorporate fairness for both victims and offenders. Fairness is said to be achieved by implementing principles of proportionality, equity, social debt, and truth in sentencing o Proportionality: the sentencing principle that the severity of punishment should match the seriousness of the crime for which the sentence is imposed o Equity: the sentencing principle that similar crimes and similar criminals should be treated alike o Social debt: the sentencing principle that the severity of punishment should take into account the offender’s prior criminal behavior o Truth in sentencing (TIS): the sentencing principle that requires an offender to serve a substantial portion of the sentence and reduces the discrepancy between the sentence imposed and actual time spent in prison Reformers oWilliam Penn The founder of Pennsylvania. He converted to the Quaker faith and was later imprisoned for promoting faith. He was imprisoned several times following that, which caused him to seek refuge in America. In his piece the “Great Act” of 1682, the Pennsylvania Quakers reduced capital offenses to the one crime of premeditated murder and got rid of all corporal punishments. oJohn Howard Was taken prisoner in Portugal by pirates after his ship was captured. He wrote a book in 1777, which contained descriptions of clean and well-run institutions, prisons in which the sexes were separated, and jails in which inmates were kept busy at work. This book promoted the notion that the fundamental business of corrections should be to reform rather than punish. He also believed that every citizen must take responsibility for the criminal justice system of the society in which they live. oCesare Beccaria Him and his friends formed a circle called the Academy of Fists. This academy made its purpose the form of the criminal justice system. Beccaria outlined a utilitarian approach to punishment, suggesting that some punishments can never be justified because they are worse than any good could ever come up with. He also protested punishment of the insane, saying it did no good because the insane people cannot accurately assess their actions and decisions. Beccaria proposed that punishment could only be justified if it was imposed to defend the social contract. He also argued that punishment should be swift because swift punishment offers the greatest deterrence. Finally, he said that the severity of punishment should be proportional to the degree of social damage caused by the crime. oJeremy Bentham Was sent to college at the age of 12, with his father’s hopes of entering the field of law. Instead of practicing law, he began to critique it and spent the majority of his life analyzing the legal practices of the day, writing about them & giving his suggestions on improvements. Bentham advocated utilitarianism, which gave the starting point for his social analysis. He believed that human behavior was determined by the amount of pleasure or pain associated with a given activity. Bentham suggested that the purpose of law should be to make socially undesirable activities painful enough to keep people from engaging in them. His hedonistic calculus made 4 assumptions People by nature choose pleasure and avoid pain Each individual, either consciously or intuitively, calculates the degree of pleasure or pain to be derived from a given course of action Lawmakers can determine the degree of punishment necessary to deter criminal behavior Such punishment can be effectively and rationally built into a system of criminal sentencing oSir Samuel Romilly Was an English legal reformer who worked ceaselessly to lessen the severity of existing criminal law in his home country. He fought to reduce the number of capital crimes. He succeeded in getting a bill passed abolishing the death penalty in cases of “private stealing from the person” and he won the abolition of the death penalty in cases of soldiers and sailors found absent without leave. oSir Robert Peel Peel is best known in the history of CJ for establishing a police force that influenced the development of policing throughout much of the rest of the world. Peel and others helped to identify the fundamental function of the police as the investigation of crime and the apprehension of criminals. He insisted that the police should be responsible for investigation and arrest of criminals only, while the trial, defense, and conviction phase of the process should be entirely in the hands of the judiciary. Peel said that punishment should not be imposed by the police officers but by the specialists in the field of penology. oElizabeth Fry Fry campaigned during the early 1800s to “expose the plight of women in prison and to promote better conditions for them.” She believed that women are more likely than men to change and that appeals “to the heart” would be more effective with women offenders than with men. oMary Belle Harris Harris eventually became the first warden of the Federal Institution for Women in Alderson, West Virginia. She believed that reformation should be the primary focus of most correctional programs, not punishment. She also believed that the criminality of women was largely the result of their social roles and specifically their economic dependency upon men. After this, she began training programs that would permit women prisoners to become financially independent upon release. oSanford Bates Bates believed in rehabilitation and in the value of inmate labor, suggesting that work provided both a sense of purpose and a tool for reformation. He created FPI programs involving work on prison farms, public lands, military bases and highway construction. He believed that prisoner rehabilitation offered the best hope of protecting society from crime. oGeorge J. Beto Beto also believed in the goal of rehabilitation- promoting it as a goal to be achieved in prisons around the country. He started one of the earliest General Education Development (GED) testing programs for prisoners in the nation. Beto drew special attention to the importance of preparing inmates for release back into society. He as convinced that discipline, order, and control were necessary in order to provide a safe environment for inmates to better themselves. Before giving up his position, he convinced the people of the state legislature to create a law requiring state agencies to buy prison-made goods, thereby greatly expanding opportunities for inmate labor.
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