First Exam Notes
First Exam Notes 385
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This 12 page Study Guide was uploaded by Dae 'Janae Anderson on Thursday March 24, 2016. The Study Guide belongs to 385 at Washington State University taught by John Turner in Spring 2016. Since its upload, it has received 46 views. For similar materials see Institutional Corrections in Criminal Justice at Washington State University.
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Date Created: 03/24/16
Quiz Key (Chapter 15) According to Beccaria, in order for punishment to deter crime, it must be certain, swift and severe enough to outweigh any benefit offenders get from crime Chap 1 PG.5 Sentencing disparity refers to a wide variation in sentences received by different offenders that may be legitimate or discriminatory ex. Treating crackcocaine and power cocaine differently) Chap 5 PG 79 The study of right and wrong professional conduct is called ethics Chap 4 PG 61 The term rehabilitation means to restore or return to constructive or healthy activity and is aimed at “curing” criminals of their antisocial behavior Chap 1 PG 15 Prisons house offenders who have been convicted of a crime and are likely going to serve a sentence of at least one year as opposed to jails, which typically house individuals prior to their trial or that received a sentence of less than a year What are 5 dominant justifications for punishment that have been dominant in the unites states over the last century Retribution, deterrence, incapitation, rehabilitation, reintegration Chap 1 PG 11 What are 2 conflicting roles did Zimbardo play in the Stanford prison experiment Primary investigator or researcher and prison warden Define and provide an example of a problemsolving court Alternatives to traditional criminal courts that cannot adequately address the problems of offenders with special needs and other issues such a alcoholism or mental health problems. Drug courts, DUI, domestic violence, mental health Chapters 13: History & Corrections What is corrections? A variety of functions carried out by government agencies having to do with the punishment, treatment, supervisions and management of individual who have been convicted or accused of criminal offenses Correctional practices and facilities were created to remove the “riffraff” from urban streets or at least to control and shape them Punishment The act of imposing some unwanted burden such as a fine, probation, imprisonment, or death on convicted persons in response to their crimes Classical School Cesare Bonesana The classical school of penology/criminology was nonempirical mode of inquiry similar to the philosophy practiced by the classical Greek philosophers one based on logic and reason A passionate plea to humanize and rationalize the law and to make punishment just and reasonable Laws should be designed to preserve public safety and order, not to avenge crime Accused persons should be able to confront their accusers, to know the charges brought against them and to be granted a public trial before an impartial judge as soon as possible after arrest and indictment Positivism Insisted that only things that can be observed and measured should concern us Human actions have causes and that these causes are to be found in the uniformities that typically precede those actions Those who believe that human actions have causes and that these causes are to be found in the thoughts and experiences that typically precede those actions Why do we punish offenders? We expect that punishment will have favorable consequences that justify its application 4 major objectives or justifications for the practice of punishing criminals Retribution, deterrence, rehabilitation and incapacitation (reintegration) First jails and prisons Jails were the first type of correctional facility to develop, and in some form they have existed for several thousand years Early versions of goals (jails) and prisons existed in English castle keeps and dungeons and Catholic monasteries The first jail in America was built in Jamestown, Virginia 1606 Massachusetts built a jail in Boston in 1635 Maryland built a jail for the colony in 1662 The oldest standing jail in the United states was built in the late 1600’s and is located in Barnstable, Massachusetts Walnut street jail was originally constructed in 1773 in Philadelphia, Pennsylvania Newgate prison, in New York City (1797) was modeled after the Walnut Street jail Focused on rehabilitation, religious redemption and work programs to support prison upkeep and did not use corporal punishment Western Pennsylvania Prison (1821) was built in Pittsburg Eastern Pennsylvania Prison (1829) in Philadelphia Was to replace the Walnut Street Jail prison Auburn (New York) prison cornerstone was laid in 1816 Solitary confinement system, was quickly abandoned and replaced with the congregate but silent Chapter 4: Ethics What are ethics? The study of right and wrong professional conduct Which is allowed and not allowed according to code of ethics and policies and procedures Why are ethics important? Ethical abuses have always been a problem for corrections workers Jobs do not always have professional status Unqualified people sometimes in these jobs Behavior is or should be motivated by what is universally understood to be right and wrong Egoism: the needs of self are important, so acting so satisfy one’s own wants and needs under this framework is acting ethically People behave unethically because of personal gain or out of selfishness, official deviance (act in a way that benefits their organizations, but violates laws/formal rules), noble cause (a profound moral commitment to make the world a safer place to live) Stanford Prison Experiment To investigate how readily people would conform to the roles of guard and prisoners in a role playing exercise that simulated life Zimbardo was interested in finding out whether the brutality reported among guards in America prisons was due to the sadistic personalities of the guards or had more to do with the prison environment People will readily conform to the social roles they are expected to play Zimbardo played the primary investigator or researcher and prison warden and those roles were conflicting Chapter 5: Sentencing What is sentencing? Refers to a postconviction stage of the criminal justice process A sentence is the punitive penalty ordered by the court after a defendant has been convicted of a crime either by a jury, a judge, or in a plea bargain Different types of sentencing Indeterminate sentence is a prison sentence consisting of a range of years to be determined by the convict’s behavior, rather than one of a fixed number of year Determinate sentence is a prison sentence of a fixed number of years that must be served rather than a range Mandatory sentence is a prison sentence imposed for crimes for which probation is not an option where the minimum times to be served is set by law Concurrent sentence is two separate sentences are served at the same time Consecutive sentence is two or more sentences that must be served sequentially Habitual offender statutes (3 strikes, you are out) Statutes mandating that offenders with a third felony conviction be sentenced to life imprisonment regardless of the nature of the third felony Problemsolving courts Alternatives to traditional criminal courts that cannot adequately address the problems of offenders with special needs and other issues such as alcoholism or mental health problems. Provide outcomes aimed at benefiting offenders, victims and society 1 Focus on outcomes 2 System change 3 Judicial involvement 4 Collaboration 5 Nontraditional roles 6 Screening and assessment 7 Early identification of potential candidates Drug courts A special sentence for drugrelated, nonviolent offenders who must then complete and extensive drug treatment program Sentencing guidelines Are forms containing scales with a set of rules for numerically computing sentences that offenders should receive based on the crimes they committed and on their criminal record Guidelines are devised by federal or state sentencing commissions and provide classifications of suggested punishments based on an offender’s scores on those scales Chapters 6, 7, & 8: Jails, Prisons and Community Corrections What is a jail The typical jail is operated by the sheriff of a county Some cities, states, and the federal government operate jails and sometimes multiple jurisdictions combine resources to administer a jail that serves a region Types of jails Jails for adults: detention centers Jails for juveniles: detention centers For a fee counties hold inmates Generally, each county has a jail Overcrowding The number of inmates exceeds the physical capacity (# of beds) available 2008, 2009 there was an unprecedented decrease in jail inmates lawsuits Capacity is misleading Gender, Juveniles, Race, and Ethnicity Most male inmates are adult minority males The largest ethnic grouping (Hispanics) have been significantly increasing in jail incarceration What is a prison Correctional facilities used for longterm and convicted offenders who are to be simultaneously punished, deterred and reformed while being isolated from the community and for most reintegrated back into the community Different types of prisons Minimum security 1 Must more relaxed security 2 More programming and work options 1 Some out in the community 3 Diverse housing options 4 Inmates can roam much more freely during prescribed times 5 Visiting options more liberal 1 Transition to community 6 Work is promoted 7 Inmates: 1 Usually “short timers” or close to release date 2 Low security risk 1 Based on numerous factors 2 Even if crimes are most serious Medium security 8 Exterior security can be tight 9 Internally, inmates have many more opportunities 1 School 2 Treatment and programming 3 Work 10 Greater diversity in housing 11 Contact with outside world less restricted 12 Population is diverse in crime categories 13 More likely to have college campus style interior 14 Engaged in work industries Maximum Security Responsible for holding most serious offenders Location for death row in death penalty eligible states 1 Usually wholly spate areas of the prison 2 Same exterior security controls as supermax prisons 15 Supermax prisons Arguable, first was Alcatraz Prison (193463) 1 Held most notorious gangsters of era Prison gangs Groups of people who engage in deviant or criminal activities Have a hierarchical organizational structure and a set, and often strict, code of conduct for members Gang members are usually not forthcoming about their membership in a gang in a correctional environment Larger urban jails have more problems with gangs Six major prison gangs Neta (Puerto RicanAmerican/Hispanic) Aryan Brotherhood (white) Black Guerrilla Family (black) Mexican Mafia (MexicanAmerican/Hispanic) La Nuestra Familia (MexicanAmerican/Hispanic) Texas Syndicate (MexicanAmerican/Hispanic) Prison subculture Right guy: follows rules and does not cause problems Center man: agrees with prison rules to either get something or believes the rules are correct The gorilla: uses aggression to gain something from other offenders The innocent: denies guilt Chapter 9: Corrections & the Staff Problems faced by correctional staff Undereducated, undertrained and underpaid Understaffed, burnout and pay Education & staff Most correctional institutions and programs do not have prior educational requirements Must have a college degree or at least some college to qualify but are not required from applicants Bureaucracies A type of organizational structure that includes hierarchy, specialization and rule of law Increase the efficiency of workers and the uniformity of their work Correctional roles The role of staff in corrections is determined by their job description, their assigned duties and the type of organization and clientele they worth with Constant supervision and interactions with inmates Maintenance of both safety and security, for the prison officer For probation officers, it usually means he or she is concerned about community members the officer’s clients interact with Both are involved in facilitating programming Prison officers are most often watching inmates engage in it or escorting them to it Probation officers might recommend it or even run treatment groups Prison officers make recommendations regarding a person’s placement in housing or work assignments in the secure facility Both roles involve paperwork and loads of it That a role for staff is determined by many things and it is defined by what people actually do in their work Subculture Norms, values, beliefs, history, traditions and language held and practiced by a group of people What kind of facility or organization you have, what kind of clientele you are dealing with and how isolated the group of people are from the rest of the community Interaction with offenders The people correctional staff supervise are often unpleasant, angry and upset or immature Abuse of power and the use of force Chapter 10: Community Corrections Historical aspects of parole Superintendent of the Norfolk penal colony in the 1830’s Cruel and vindictive punishment debases both the criminal and the society that allows it The purpose of punishment should only be the reformation (rehabilitation) of the convict Criminal sentence s should not be seen in term of time to be served but in terms of tasks to be performed Maconochie point is that retribution may deter some offenders and incapacitation is a temporary hold on a criminal career Parole The release of prisoners from prison before completing their full sentence Parole is an administrative function practiced by a parole board that is part of the executive branch of government Parolees have spent time in prison before being released into the community Reentry The process of reintegrating offenders back into their communities regardless of whether or not they were integrated into it in prosocial way before they entered prison Prepare offenders with various programs that target the risks they pose to the community and their needs Protect and prepare, control and restore and sustain and support The longer people remain in prison, the more difficult it is for them to readjust to the outside world The excon stigma makes getting employment problematic house arrest a program used by probation and parole agencies that require offenders to remain in their homes at all times except for approved periods initial phase of intensive probation or parole supervision or can be used as an alternative to pretrial detention or a jail sentence created to reduce financial costs to the state by reducing institutional confinement electronic monitoring a system by which offenders under house arrest can be monitored for compliance using computerized technology such as electronic device worn around the offenders ankle Chapters 11, 12, & 13: Women, Minorities & Juveniles Historical aspects of women in prisons The first correctional facility to hold felons was the Newgate New York prison in Greenwich Village (1797) Maryland opened its first prison (Maryland State Penitentiary) 1811 Women were beaten or placed in solitary confinement Absence of a female matron to supervise and in some cases protect women Statistics of women offenders In 2000, women comprised 11.4% of jail populations 2013, that figure was at least 14% In 2000, women comprised of 6.4% of prison populations By 2012, that figure was about 7% Female correctional officers Women are employed as matrons, to a limited degree, to work with females in some of the earliest prisons and jails In 2013, women occupied about 27% of correctional officer jobs in jails and prisons 2005, only 13% of correctional officers in federal prisons 48% of correctional officers in private prions were women 49% of all statelevel parole agency staff are women 46% of probation officers and correctional treatment specialists in the country were women Feminism Morally impaired and therefore in need of religious and social remedies High class, white: Madonna (bad) Women of lower class, color were not expected to attain this Madonna status Double deviants when women and girls engage in crime b/c they have violated societal gender role expectations Patriarchy: the attitudes, beliefs and behaviors that value men and boys over women and girls Programming needs Correctional practices have tended to focus on men Women and girls are more likely to have mental and physical health problems and substance abuse problems Parenting programming, employment programming, educational programming, What is race? Ethnicity? Disparity? Discrimination? Race: skin color and features of a group of people (biology) Ethnicity: culture, often have a distinct language as well as particular values, religion, history and traditions Disparity: when one group is treated differently and unfairly by governmental actors Discrimination: a person or group is treated differently because of who they are (race, gender, ethnicity, etc.) rather than because of their abilities or something they did Scottsboro Case 1931 9 African American teenagers accused in Alabama of raping two white girls An allwhite jury found all 9 boys guilty, 8 sentenced to death Powell v. Alabama 1932 Overturned the care due to the lack of legal counsel Later discovered that the two girls made the story up The Drug War President Regan credited for starting the modern war on drugs President Richard Nixon initiated it Drug war focused on poor and the minority, drug users and sellers are white Crack versus cocaine 1980’s Crack cocaine possession was treated as 100 times worse than possession of power cocaine Tied to race and class of the persons Racial profiling Driving while black or brown Police tend to stop older vehicles (poorer and minorities own these cars) Racialized justice Kent v. United States 16yearold broke into a woman’s apartment, raped her and stole her wallet Waived to adult court Court ruled that juveniles must be afforded certain constitutional rights Juveniles should be given the same constitutional rights as adults Breed v. Jones Court rules that the probation against double jeopardy applied to juveniles once they have had an adjudicatory hearing The burden of two trials for the same offense and therefore the double jeopardy clause of the Fifth Amendment had been violated In re Winship 12yearold was accused of stealing $112 from a woman’s purse taken from a locker Court ruled that when the possibility of commitment to a secure facility is a possibility, the “beyond a reasonable doubt” standard of proof must extend to juvenile adjudication hearing Roper v. Simmons Court redrew the age line at 18 under which it was constitutionally impermissible to execute anyone Death penalty for juveniles is unconstitutional Graham v. Florida Life without possibility of parole is unconstitutional for juveniles Court rules that the imposition of life without the possibility of parole for juveniles who have not committed homicide o what is a facility that holds offenders prior to going to trail? jail o as of 2012 what percentage did women make of the prison population? 7% o 3 types of waivers for juveniles Judicial waiver Prosecutorial discretion Statutory exclusion o What is status offense? Age based crime (smoking under 18 not legal) o The name of the first prison for women in the United States? Mount Pleasant Prison67 o High turnover with correctional officers Understaffing, burnout and pay o First official drug court Miami o In most states, how are parole board members selected? Appointed by governor o The age of reason, is also known as? Enlightenment o False. Women offenders declined over the last 5 years o Difference between probation and parole? Parole. Coming out of prison Probation. Instead of prison or jail o False. Antisocial behavior in juvenile often continues into adulthood o What is ethic? How does it apply to corrections? The study of knowing what is right and wrong o This term refers to the study of processes adapted for the punishment and prevention of crime Penology o What prison was often referred to the supermax prison? Alctraz prison o True. African American, Hispanics and natives disproportionally represented in prison
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