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Chapter 8 notes

by: Jessica Compton

Chapter 8 notes CJE4174

Jessica Compton
GPA 4.0
Doreen Ruggiero

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Doreen Ruggiero
Class Notes
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This 6 page Class Notes was uploaded by Jessica Compton on Sunday March 22, 2015. The Class Notes belongs to CJE4174 at Florida International University taught by Doreen Ruggiero in Spring2015. Since its upload, it has received 66 views.


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Date Created: 03/22/15
Chapter 8 After Conviction The Sentencing Process Terms Retribution the offender should quotpay backquot society for the harm he or she has done Rehabilitation The offender should be transformed into a lawabiding person through programs of medical psychological economic or educational improvement Deterrence preventing criminal behavior The offender through methods such as certainty length and severity of punishment should conclude that crime is not worth the risk of the resulting punishment lncapacitation the offender usually through prison or exile should be denied the opportunity to commit further crimes Restoration The community victim and offender are involved in the sentencing process w the aim of restoring the victim and the community to its previous state 1 What do differences in sentencing practices around the world tell us about These differences tell us a great deal about what individual societies feel about justive crime and criminal offenders 2 What are some things that the society hopes to gain from punishing criminals Retribution RehabH ann Deterrence lncapac a on Restoration Restorative justice participation by the offender victim and community in the sentencing process and allows the offender to atone for the offense and be restored to community life pg192 More recently numerous nations from every continent have adopted programs with a restorative intent We have seen multinational groups such as the United Nations and the European Union endorse restorative justice In China it is important that criminal offenders be persuaded to reform not for themselves but for the good of their family village and society Summary of the kinds of punishment purposes implemented in each of the model countries pg193 table 81 Penal sanctions have had less acknowledged and less legitimate functions in many societies at different times in history EX Chinese prison labor harvesting prisoners organs for nancial gain social control and punishment of a regimes political enemies Sentencing practices Despite increase in punishment and abuse sentencing practices have generally become more humane over the centuries In recent years many countries especially those in Europe have made an effort to reduce sentencing severity for a number of crimes The treatment of offenders after arrest or sentencing has also been an important issue of interest in the international community in recent decades Charters of human rights the UN Standard Rules for the Treatment of Prisoners and the European convention on Human Rights these are all among the international treaties and laws used to outlaw the use of torture and inhumane treatment of prisoners Some of the most common forms of punishments used in the world todav Corporal punishment any sentence in which a person s body is subjected to physical pain such as ogging mutilation electric shock or branding Life imprisonment any sentence in which a person is deprived of liberty in an institution of any kind for the duration of his or her natural life Deprivation of liberty variety of forms attention including combined or split sentences jail and any period of incarceration short of life imprisonment Control in freedom includes probation electronic monitoring any conditional sentence with supervision requirements and other forms of controlled liberty that have special requirements Warnings also called admonitions suspended sentences conditional sentences and dismissals formal and informal warnings with ndings of guilt and conditional discharges Fines all sentences that involve paying a sum money 4 basic categories of various sentencing practices 1 Corporal punishment Methods most commonly used today are ogging and in rare cases amputation Crossnational research on the use of such sanctions has shown that countries where economic disparity is greatest are more likely to employ corporal punishment as a possible sanction against criminal offenders Overall such punishments are not sanctioned in most countries but a major exception to the gradual disuse of corporal punishment sanctions is found in Islamic countries where measures of punishment that seem extreme to most Americans can and sometimes do take place Force of such punishments is mitigated by the fact that the standards of proofs are so high that many of them are infrequently carried out The point is that they are executed in limited duration and cause momentarily severe physical pain to the criminal and remain unforgettable to him so that in most cases he will refrain from future criminal conduct In contrast with prison sentences in which the criminal becomes accustomed to having experience them for long periods of time thus imprisonment soon loses its deterrent effect In the Islamic law imprisonment is considered a proper sanction only for recidivists which are people who have not changed as a result of the more direct corporal punishment Noncustodial sanctions These are also called alternatives to incarceration legal sanctions handed out to offenders that do not require time served any correctional facility This became increasingly intense in the latter part of the 19th century when European criminologists voice to widespread disillusionment with the practice Alternatives including nes and special systems ofjuvenile justice where the answer to dysfunctional aspects of shortterm imprisonment according to von Liszt In modern times are two points humanitarian and utilitarian From the humanitarian perspective minimization of shortterm imprisonment of nondangerous offenders increases the possibility of rehabilitation program such as counseling From the utilitarian standpoint alternatives alleviate the nancial and other problems involved in dealing with the growing prison population The United Nations has often promulgated resolutions calling for alternatives to incarceration such as Vienna declaration and the Tokyo rules which was the most detailed international document to promote the use of communitybased alternative sanc ons The most commonly used alternatives l holds within two general categories 1 Monetary payments Fines The ne is a penalty imposed on a convicted offender by a court or in some countries by another arm of the criminal justice system requiring that here she pay a speci ed sum of money Among the most common noncustodial sanctions You39re not popular in the US as punishment for felonies or seriousness demeanors but they are used in as many as 97 of cases in Japan Bene ts of signs include Government coffers given that nds her inexpensive to administer by the court system can lower the numbers of persons in jails and prisons saving tax payer money and serves the correctional purposes of rehabilitation Page 198 Two ways that nes can be determined pg198 1 The xedsum rate system 2 The day ne 2 Community supervision Probation The offender is given the chance to remain within the community and demonstrate a willingness to abide by the laws On the international level probation is generally referred to as control of freedom First person to stand bail for defendants was John Augustus of all the forms of supervising offenders in the community probation is the most common Countries with the highest rates of probation and the United States Canada and England See table 82 on page 201 House arrest when offenders are sentenced to terms of incarceration but they serve those terms in their own homes Three kinds of house arrest Lowest level involves a simple curfew The next level involves the offender being allowed to be away from home during certain hours of the day for speci c reasons such as work or school Home con nement The third level is the most punitive form of house arrest requiring the person to be home at all times Electronic monitoring The common form of noncustodial supervision Exile this method is really use today except in some indigenous cultures in remote areas of the world In these cases offenders are sent to a faraway place from where they committed their crimes but remain under supervision Warnings these are provided at the adjudication stage by the judge and usually are accompanied by the threat of incarceration if criminal behavior does not stop 3 Imprisonment The severest punishment in icted in most societies today Difference between prisons and jails Prisons are used almost exclusively for serious offenders who receive sentences of more than one year jails on the other hand are facilities that house less serious offenders were generally sentence to less than one year or who are awaiting trial Remand prison term used when a country separates inmates There has been an increase in prison populations in many parts of the world in recent years Highest total number of inmates were in the United States followed by China and Russia in 2011 United States is the world leader in this category of minorities and incarceration with over 60 of its prison population being Black or Hispanic Reasons for increased in prison populations politics penal populism exploitation of misinformed opinion of the public in the pursuit of electoral advantage American media Some argue that incarceration rates in many countries especially those in Europe have actually declined in recent years and that penal populism is not in fact a global problem but one that is located primarily into countries in the US and England 4 The death penalty Remaining major forms of execution throughout the world include hanging shooting electrocution and lethal injection However some countries still resort to more ancient methods such as stoning and cruci xion primarily Islamic nations Movement to abolish the death penalty began in the late 17005 with Cisar Beccaria and Jeremy Bentham In December 2007 and 2008 the United Nations General assembly he adopted resolutions calling for a moratorium on the use of the death penalty Research continues to fail and nally convincing evidence of the death penalty teachers crime or effectively than other punishments However recent research in the US has reached a slightly different conclusion and the research on the deterrent effect for the death penalty is failed to reach a consensus The world millennium study conducted by Gallup re ects the majority of people living in the world today 52 support the death penalty


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