Criminology 101, Test 3
Criminology 101, Test 3 Crim 380
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This 18 page Class Notes was uploaded by Francesca Cortazzo on Sunday March 20, 2016. The Class Notes belongs to Crim 380 at Western Kentucky University taught by Dr. Edward Bohlander in Spring 2016. Since its upload, it has received 30 views. For similar materials see Penology in Criminology and Criminal Justice at Western Kentucky University.
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Date Created: 03/20/16
Test 3 Criminal Justice Cheat Sheet DEFINITIONS: Abolished parole at least 16 states have entirely abolished or at least limit it Abscond To leave supervision without permission. Actuarial ApproachA classification system that uses patterns of behavior and predicts risk based on prior behavior of those with similar characteristics. Actuarial Decision Decision based on statistics. Agricultural Model work for prisoners of working in fields, labor, and private local farmers. Alexander Maconochie developed the Mark System Argotthe language of a subculture (in the case, prisoners) Argot roles prisoners roles; they serve to classify and describe inmates based on upon their behavior before prison, as well as what they do in prison. Auburn system(pg 330)congregate prison system where prisoners work, eat, and exercise together but have separate cells, created in Auburn, New York, prison. ‘ SILENT SYSTEM – CONGREGATE SYSTEM Benefit of Clergy early form of diversion where those who could prove they were members of the clergy (sometimes by reading Psalm 54) were released from secular adjudication. “Big Houses” Robert Johnson’s name for prisons of the early to mid 1900s. Building tenders (BTs) Texas inmates who were authorized by staff to control inmates by any means necessary. Casework Model involves the professional interacting with each “client” individually, serving as the primary, and sometimes, only, service provider. Charles Dickens Vistited Walnut Street Prison and wrote in a critical way about solitary confinement. “He is a man buried alive; to be dug out in the slow round of years….” Civil Disabilities legal barriers that remove civil rights such as voting that accompany a felony record/ Civil rights that are lost or compromised after a criminal conviction. Clemency mercy in reducing a sentence due to MERCY Clinical Assessment Decision Prediction based on personal interview and clinical judgment, based on clinical records (psychological reports, past behavior, almost like a profile. Ultimately, based on human judgment. Clinical Approach A classification system that employs interviews, social histories, and psychological tests to make predictions about future offending. Community Corrections any form of correctional alternative that does not involve incarceration in prison. Community Service paying back the community for a crime through service \ 1. Restorative victim and offender agree on appropriate service 2. Punitive not related to the victim or crime, just some mundane service Commuted reduced sentence due to UNJUST SENTENCE Conditions Rules of probation. Congregate System first introduced at Auburn Prison (1817); prisoners slept in solitary cells, but worked and ate together. Corporal Punishment Physical punishment Correctional Institution prisons in the 1950s; prisoners had more privileges such as yard and recreational privileges. Dark Hole punishment used by the Auburn system where rule violaters would be put in a dark cell and kept on a diet of bread and water or they would be whipped instead. Day Fines fines set by the amount of income the offender has, such as the fine is three days of income, rather than a dollar amount. Day Reporting Centers allows the offender to stop in or check in so they are receiving some kind of supervision Deferred Sentencing A sentence where the decision to sentence to prison, and the length of the possible prison sentence, is not established during the sentencing hearing. Deterrence when crime has been prevented by discouraging an offender from committing further crime. Discretionary parole boards boards that decide if someone is rehabilitated enough for release Due Deference Era (1980 to today); judges are more likely to give “due deference” to the expertise of prison administrators when faced with prisoner litigation. Due process clauses in the Fifth and the Fourteenth Amendments to the Constitution; they prohibit both state and federal authorities from taking life, liberty, or poverty without due process of law. Electronic monitoring forms of location and monitoring while on probation. Passive offender has to answer a phone to talk to an officer to verify their presence. Active a continuous signal is sent to the home monitoring device and does not rely on officer cooperation. Elmira Reformatory(1870) A facility for young men to help reform them through education and discipline. These reformatories were different for men and women. Men military style living in routine, housing, and discipline Women cottage housing, had ‘Matrons’, were taught to follow these roll models False Negatives wrongly classifying that someone is unlikely to do harm but they go commit another crime. False Positives wrongly classifying that someone will do harm again but they do not. Fee System in early jail, prisoners had to pay for their room and board. Fines payment to the government for an offense GenderSpecific Programming Matches prison and community correctional programs to women’s specific needs and pathways to crime. General Deterrence What is done to an individual to discourage other from future offending. (watching a hanging) General Conditions conditions for checking in to a PO and specific Graduated liberties offenders granted more freedom Handsoffera (19001960); referred to federal and state courts rarely accepting grievances prisoners brought to their attention. Importation Hypothesis Theory that the prisoner subculture is derived from the preprison characteristics of the people coming into prisons rather than prison deprivations themselves. Impose Restitution repayment for harm or damages Inmate Code a set of subculture rules for prisoners. Intense Parole Parole for violent/ repeat offenders (pedophiles) Intermediate Sentence when the release date is not set by the sentencing judge. Intermediate Sanctions options short of a return to prison, including loss of privileges, increased reporting, drug tests, curfews, and electronic monitoring. Intermediate Sanctions #2 more than a suspended sentence, less than a prison sentence. Interstate Compact agreement between state to supervise transferred probationers. Incapacitation to hold incapable; in corrections, it means to make the offender incapable of committing crime. Importation meaning that the subculture is imported . ISP Intensive supervision program/ probation probation on steroids/ more severe restrictions and monitoring up close Jailhouse Lawyers inmates who help other inmates file petitions for a fee. John Augustus (18411859) early penal reformer who gave us the foundation for our probation system. Lex Talionis proportional “eye for and eye” punishment. Lockstep March in congregate prison systems prisoners shuffled together, bound by one hand on the opposite shoulder of the man in front. Martinson Report “Nothing Reports” piece of criminological folklore that is blamed for the political climate change. ( analysis of research studies) Mark System program awarded prisoners marks and credits based on the work product of groups; marks where exchanged for greater liberties. Mark System#2 Maconochie’s program of stages of increasing responsibility based on good behavior. Maxed Out serving the full term with no early release. “the Mix” the subculture of women’s prisons; referring to the activities associated with drugs, homosexual activity, and fighting. Negative termination rate percent of recidivism while out in the community (average is 50%) Net Widening the situation in which minor offenders are placed in new diversion programs instead of prisonbound offenders that the program was designed for. Newgate Prison developed an alternative system in a trial run fully adopted it at the newly erected New York State Prison at Auburn. Problem in the system was that keepers became brutal in ensuring ruled were being followed. New Mexico Prison probably had the worse instance of direct violence against snitches in 1980. Outlaw an individual who refused to abide by punishments ordered by authorities that were largely compensatory, meaning that they ordered the offender to pay back the victim. Pardon basically a release and forgiveness of criminal culpability. Excecutives power of the president and governors can pardon. No supervison! Parol (parole d’honneur) “word” as in giving one’s word of honor. Parole Guidelines give a presumptive term or guideline for how long the offender should serve in prison before receiving parole, based on offense characteristics and characteristics of the offender. Penitentiary began with Walnut Street Jail in 1790, prisoners were kept in single cells and excepted to reform through penitence. Pennsylvania System another name for Philadelphia system or separate; prisoners were in solitary confinement and preformed manual labor in their cells. PLRA Prison Litigation Reform Act; passed in 1995, this is legislation severely restricted prisoners from filling lawsuits against prison officials. Postprison Parole/ halfway houses/ mandatory supervision Post Trial Probation Pre Trial bail or ROR Pretrial diversion: Release on Recognizance pretrial diversion (e.g., sending an addict to rehab instead of proceeding with charges), deferred adjudication (the person is ‘sentenced’ but doesn’t go to jail or prison; instead they may be given tasks to complete, like rehab, anger management counseling and if they complete successfully the process ends) Pretrial Release Programs A means by which suspects may avoid having to pay bail to gain release before their trial. Prisoner Rights Era (19601980); period when prisoner petitions increased tremendously and major prisoners rights cases were decided. Prisonization refers to the process of being socialized into the prison subculture and learning the values, morals, and behaviors it requires. Probation is under the executive branch or the judicial branch/ Federal level instituted a probation program in 1925/ 1956 all states had a pp Progressive Movement from the 1890s through the early 1900s, private charities responded to the problems of the new poor in Northeastern cities. Pseudofamilies makebelieve family systems that include all the familial roles including fathers, mothers, sisters, cousins, and so on. PSI presentence investigation 1. Gather info prior to sentencing Punitive Service type of community service that may not be linked to the victim at all, nor have any relationship to the crime, such as washing police cars. Rational relationship test where they weigh the inmate’s rights against the states and as long as practicing the religion does not interfere with prison’s ability to maintain order and security, the prison cannot restrict religion. Reentry Programs programs during the Reintegrative Era meant to help convicts prepare for the life outside of prison and to return to society. Include: work release/ school release/ halfway houses Recidivism habit or criminal tendency to re offend!! Traits include maleyoungerunemployed have a criminal history single committed a drug or property crime longer time on EM Rehabilitation to change the individual’s values, attitudes, beliefs, and behavior. Rehabilitative Era the 1960s1970s; prison treatment programs were expanded along with innovative community alternatives. Reintegration Era referred to a time when reentry programs were developed that helped inmates adjust back into the community. Restitution an order by the court to that requires the offender to compensate the victim for the jury or loss suffered in the crime. Restorative Service type of community service that attempts to connect the offender to the victim through some process of recognizing the harm and injury done to the specific victim, such as providing a service to the victim or class of victims. Restorative Justice Movement approach that keeps the offender in the community and provides a means to meet the needs of the victim, the offender, and the community. Retribution a goal of punishment that inflicts harm proportional to the harm caused. Revocation taking back probation 1. committing a new crime 2. technical violations Sentencing Judge determines revocation or makes changes to the conditions attached to the probation order Separate System Pennsylvania System/ Solitary system/ Scarlet Letter conditions a condition designed to humiliate or call attention to the wrongdoing of the offender. Silent System or the Auburn System, silence was to keep the prisoners from being corrupted by each other. Sir Walter Crofton developed “ticket to leave” aka modern parole in 1853 Specific Deterrence what is done to an individual to deter him or her from future offending. (putting an extremely high fine for a second DUI so the person does not drive drunk again) Split Sentencing and Shock Incarceration type of sentence involving a short period of incarceration before being supervised in the community by probation officers. State agency administrates probation Suspended Sentence the judge actually hands down a prison sentence, but then suspends it, pending successful completion of probation. Technical Violations Not crimes, but rule violations. Three Strikes laws instituted in the 1990s\ Ticket to Leave Crofton’s plan of early release based on good behavior. Ticket to Leave the System#2 early Irish system that allowed prisoners who behaved well to earn early release with a “ticket to leave” as long as they were supervised by local police. Totality of the circumstances multiple conditions of confinement added together constitute cruel and unusual even if no single factor, considered in isolation, would meet this standard. Traditional Parole time to be spend under parole supervision is not decided at the time of conviction. Transitional Jobs those that the offender may obtain immediately upon release and involve certain characteristics, such as frequent pay. Transportation punishment of being sent form England to the colonies and, after the American Revolution to Australia. Trinity Auburns system mission: separation, obedience, and labor Truth in Sentencing laws that provided funding only to states that made their inmates serve most of their sentence. (80%) Determinate sentencing (to eliminate discretion and mandate a minimum time for a specific crime) Enhanced sentences (such as enhancing the sentence for assault or robbery if a firearm is used) Abolishing parole at the federal level Decline of community based corrections (‘criminals are bad and I won’t have them in my backyard’ mentality) Uniform Controlled Substances Act modeled after the governments controlled substances act, a comprehensive code shared by all 50 states. Victimcentered restitution includes the victim in the determination of the amount to be compensated, and then the offender either pays the victim directly or thought the court. Walnut Street Prison1929(pg 330) where the penitentiary officially began/ established in Philadelphia/ attempt to reform led to the development of the Pennsylvania System seclusion of inmates/ was built to provide no visual and limited oral communication/ PRISONERS NEVER LEFT THEIR CELLS!!! use of complete isolation get the individual to focus on meditation and repentance (Quakers) 1870 Prison Congress brought top people in the country to reform the system. . Led to ‘Graduated liberties’ COURT CASES Brown v. Plata (May 1988), issued a sure to be controversial holding regarding the prison conditions in California state prisons. Bush vs. Dukakis 1988 getting ‘tough’ on crime due to crime rates sky rocketing. Ruffin vs. Commonwealth Led to prisoners rights. Federal courts rejected prisoner appeal (pg344) Schwarznegger vs. Plata medical care being inadequate in California. Wyatt vs. Stickney deinstitutionalization of the mentally ill in the country in the late 1970s. Morrissey vs. Brewer elements that must be granted before parole revocation Mapp v. Ohio, Miranda around 1960 LECTURE NOTES Part 1 The Functions of Corrections Boiling Alive method of execution popular with the Brits in 1531. (taking nearly two hours) Brazen Bull Invented in Ancient Greece, was a hollowed bronze bull where people were burned inside while a flame was lit underneath. Damnation ad Bestias torn apart by wild animals used during the Roman Era. Flaying Skinning someone alive. This was used by both the Persians and Assyrians, Used for serious offenses such as treason. (Pope 1317) Hung Drawn and Quartered In England, during the reign those accused of treason were hung, drawn and quartered. This involved hanging, being pulled apart, and laid on a table, disemboweled entrails burnt, beheaded, and body was cut into quarters and sent to towns they conspired against the king and the head was put on London Bridge. Ling Chi, Slow Slicing, ‘Death by a Thousand Cuts’punishment used in Imperial China from 900CE to 1905. Criminal would be cut all over their body and slowly had parts of flesh removed including chest arms and legs then limbs would follow. Sawing Asunder Mosaic Law in ancient Israelites used sawing someone upside down. Other methods were stoning, hauling, and throwing a criminal from a high place. Stocks and pillory the way minor crimes where dealt with, and the point was to humiliate. The criminal would be put hands and head in a wood block in a square and people would throw food and hurl insults. Wheel was punishment, used in countries in Europe, France, Italy, and England. Involved being tied to a wheel and being hit repeatedly with clubs. Four Punishment Philosophies 1. Deterrence Make consequences of crime so high so it will scare or deter others from committing a crime. Specific Deterrence General Deterrence 2. Incapacitation Preventing a crime by physically removing the opportunity. (as in imprisonment) (cutting hands off a thief) 3. Rehabilitation seeks to prevent crime by addressing the root causes. Removing the cause of the criminal behavior. (Treating a drug addict in rehab so they don’t keep doing drugs.) Didn’t take a foothold until the modern era (1700s and on) it’s a completely American invention. 4. Retribuation Punishing the offender because they deserve it. ‘eye for an eye’. Punishment was supposed to be proportional to the harm caused. Historically, the idea of locking someone up as punishment did not even occur to us. Online mugshots are simply a modern form of public humiliation for criminal offenses. Must commonly historically criminals were simply hung. REASON is always the cause of punishing people. History of Corrections Public punishment, corporal punishment, and financial punishments were the most common means of dealing with law breaking behavior from beginning of times to the 1800s and why?? No jails or prisons!! No one thought of locking someone up could be a punishment in and of itself. Houses of Corrections or Penitentiaries was meant to ‘cure’ the offender; place where the offender could go and reflect to reform themselves. Penitence=penitentiary. Reformed Corrections made the world admire the US. Nations such as European Union, Austria, New Zealand differ dramatically in terms of what prison is designed to do. Other nations view the event of going to prison to be punishment alone. Not the job of the prison to impose additional punishment once behind bars. Instead, they view their role as one of helping the person learn to live as a law abiding citizen the focus is rehabilitation. US mentality of prison ‘ They should continue to suffer while there.’ (Amentities should be stripped.) US vs Industrialized Nations America Amenities stripped away/ continue to suffer while incarcerated Other nations (European Union, Australia, New Zealand) believe that it is not the prisons job to further inflict punishment going to prison to be the central punishment Instead, they view their role as one of helping the person learn to live as a law abiding citizen the focus is rehabilitation. Guards are payed more and trained longer Recidivism rates are much lower than those in the US HISTORY OF PRISONS TIMELINE: 1785 Pennsylvania adopts solitary system. 1788 New South Wales is founded as a penal colony for England. Prior to the American Revolution, Georgia was used as England’s penal colony. But after we separated from England, they had to ship their inmates elsewhere.) The first journey carrying prisoners from England lasted 250 days and began in 1787. More than 730 convicted offenders were onboard, 430 of whom were convicted of fairly minor penalties, such as livestock theft, highway robbery, forgery, etc. The youngest in the ‘shipment’ was 9 years old and the eldest was an 82 year old woman (convicted of perjury, but she committed suicide prior to arriving in Australia). Fortyeight individuals in total would die before reaching their destination, including several children of the convicts. The final shipment of convicts would not land in Australia until 1868. 1816 New York’s Auburn Prison operates on a silent treatment. (LIMITING INMATE CONTACT) 1817 New York legislature bans housing juvis with adults in ‘common jails’ 1826 New York of Refuge house juvenile offenders 1870 new era/ First National Prison Congress Cincinnati, OH 1929 Federeal Bureau of Prisons is established Eventually the Auburn System won out. Partly due to humanitarian considerations and it allowed prisons to develop factories. Factory Model means of work for prisoners that mostly applied to prisons in the north. Prison conditions remained bad until the late 1800s at the beginning of the Reformatory Era. The Rehabilitative Era 19601974 Prisons and penitentiaries names were changed to houses of correction and guards became correctional officers. This time had a greater focus on due process Part led to the Reintegrative Era. To deal with prisoners coming back into society by creating ‘reentry programs. Decline of the Rehabilitative Perspective Ended by the GetTough Era Martinson Report “Nothing Works” 1990s sex offender registries and post incarceration civil commitment for sex offenders & the 3 strikes law GET TOUGH ERA/ reasons to be moving away from it: 1. Uneasiness about how much we use it Locking up so many people and being hypocritical priding ourselves as a country of ‘freedom’. Children with a parent and prison are 6 times more likely to become a delinquent 2. Most individuals are not sent to prison for life could not for most crimes due to the USSC and 8 amendment locking someone up and not educating them does not prepare them to stay away from crime and begin a new life no treatment to supervise 3. Restorative Justice Movement idea that the community is harmed by crime so there should be an active roll in addressing it repair damage done to victim, community or party by collaborative project not punishing them still once they have paid their debt and are back in society Civil Disabilities excluding felons from social institutions not allowing them to vote, own a home, or gun. (when not convinced of a gun charge) Cost of Corrections In 1985 probation cost $1.60 per day and a prison was $38.00 per day. Today probation is $2.11 per day, intensive probation is $9.66 per day, and prison is $62.05 per day. Over the past twenty years from 1982 to 2004, the cost of the police has increased 367%, the courts 450%, and prison 585%. Collateral Costs removing too many people (those who don’t necessarily need to be in a prison Who’s in Prison 3.2 of the US population; 1 in every 32 adults 2 million in prison; 5 million on probation or parole We incarcerate a higher number of citizens than ANY other country in the world. 751 out of every 100,00 people we incarcerate prior to the 1970’s our incarceration rates had always been steadu Russia: 627 per 100,000 England: 151 per 100,000 Germany: 88 per 100,000 Japan: 63 per 100,000 Worldwide median: 125 per 100,000 Classification and Risk Assessment There are two types of risk assessment: clinical and actuarial Clinical: assessment based on clinical records (psychological reports, past behavior, almost like a profile. Ultimately, based on human judgment. antisocial/antiauthority attitudes procriminal associates egocentric thinking weak problemsolving skills family conflict riskseeking early misbehavior below average verbal intelligence poor school performance troubled relationships preference for unregulated activities low level of skills low levels of selfrespect low selfcontrol drug or alcohol issues impulsivity Actuarial: Statistical approach. Based on the idea that past behavior predicts future behavior. Only look @ mechanical things that are proven. PART 2 Pretrial Diversion and Probation We only divert some offenders under two broad conditions: (1) their diversion poses little threat or risk to the public (2) diversion still upholds a principle of justice and proportionality ‘benefit of the clergy’ if they could prove that they were from the church they essentially probably not be punished because that responsibility was then left to the church. Types of Divisionary Programs Pretrial Bail or ROR (must have evaluation) Develop a contract How the case will be concluded Probation Statistics In 2005, there were more than 4.1 million people on probation 23% are women; women are MORE likely to successfully complete probation than men 55% are White, 30% Black and 13% Hispanic 57% sentenced directly to probation ½ for felonies Most common offense are drug violations 28%, followed by DUI 15% 59% successfully complete 2 reasons for probation revoke >technical violations >committing a new crime Probation has a 60% completion rate 15% are revoked Studies show that revocation of probation in the first three months is for technical violations, not new crimes Parole and Re Entry Split Sentencing sentence handed down @ the time of conviction saying number of days spent in jail/ prison Shock incarceration usually for first time offenders who are locked up for a short period of time. “shock” them into seeing this isn’t a path they want to be on Abolished parole at least 16 states have entirely abolished or at least limit it. 1 out of every 286 people is on parole!! Those paroled from prison have a much higher recidivism rate than those who were on probation because….. prison is a brutal place where inmates learn how to become better criminals they were worse offenders in the first place In total only about 40% successfully complete parole. In 1994, 68% of all those paroled were returned to prison in 3 years and most of these individuals are returned for technical violations. There are two broad factors that determine if someone eligible from parole will have it granted – 1. The crime they committed and all surrounding circumstances of it (e.g., brutality, etc.) and 2. their behavior in prison. Twothirds of parolees will return to prison in 3 years 37% of all prison admissions are parole violators PAROLE vs PARDON Pardon no supervision Parole supervison Commuted reduced sentence due to unjust conviction Clemency – reduced due to mercy PRISONS AND JAILS Attica Riot Attica, New York September 9, 1971 killed 41 people A central criticism was that the mostly Black inmates felt the entirely White guards were a bit racist - see if that’s potentially a legitimate complaint pg338 - prisons contain “disproportionate numbers of the least mature, least stable, and most violent individuals in American society”. Deprivation and Importation The deprivation perspective argues that the prison subculture is due to the deprivation of certain liberties and social roles -There are five aspects of the prison subculture that are thought to be caused by due deprivation. Liberty Goods and services Commissaries Autonomy Security Heterosexual relationships PRISONERS RIGHTS Prior the 1960s, the courts and the government left running the prisons to the wardens/officials and took a‘handsoff’ approach There are three periods in terms of prisoner rights : the handsoff era: pre1960s the prisoner rights era: 19601980 due deference era: 1980 During this last era, the government again began to give due deference(benefit of the doubt) to administrators and enacted the PLRA Prison Litigation Reform Act to try to cut down on frivolous lawsuits by inmates or to make it harder for them to file a petition about their treatment. DUE PROCESS Due process @ its core includes access to the courts. Cthporal punishment has been declared unconstitutional under the 8 Amendment for some time. totality of the circumstances’ multiple conditions of confinement added together constitute cruel and unusual even if no single factor, considered in isolation, would meet this standard. First Amendment Rights 1. access to prisons and prisoners by the press 2. Freedom of speech and communication – how much can authorities censor in their mail, etc. 3. freedom of association and visitation 4. freedom of religion Rational relationship test- where they weigh the inmate’s rights against the states and as long as practicing the religion does not interfere with prison’s ability to maintain order and security, the prison cannot restrict religion. Basically, if a sentence is less than 1 year, it is served in jail. If a sentence exceeds 1 year, it is served in prison Prior to the 1700’s, gaols (jails - pronounced same) were not nice places Fee system Before the 1700s charities and clothing for prisoners was mostly provided for by them We have over 3,300 jails in the US and usually they operate at the county level There are 11 million separate entries and exits from jail per year.
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