Midterm Corrections

Where do laws come from?

Hammurabi’s eye for eye, Mosaic Code, Roman Twelve Tables

early societies based guilt on

compurgation or ordeal

Regular Mark System

once you got certain number of marks, you got rewarded, and the use of cruel and degrading punishment was reduced

Irish Mark System

3 stages combining time, good behavior, and vocational training, influenced development of parole

penitentiary

prison in which persons found guilty of a crime are isolated from normal society

eastern state penitentiary

hub and spoke, fortress like prison, separate and silent

Auburn system

out of cells, but still believed in silence

first jail

walnut street

disturbances

intimidation, assault, sabotaging utilities, burning or destroying property, staff is still in control

riots

officers not in control anymore, hunger strikes, voluntary lockdowns

in control of federal prisons

federal bureau of prisons

in control of state prisons

state departments of corrections

5 philosophies of punishment

deterrence, incapacitation, rehabilitation, retribution, and restorative

deterrence

punishing those who break the law will discourage others from committing similar acts

incapacitation

isolating convicted criminals is needed to protect society.

rehabilitation

aspect of sentencing suggests that people who violate the law are society’s victims. They have been maltreated by their family, forced to live in poverty, or suffered some life trauma that, through no fault of their own, has forced them into a life of crime

retribution

assess the magnitude of the harm and devise a punishment that is proportionate in severity.

restoration

Making amends to the victim or to society for the harm resulting from a criminal offense.

restitution

means that convicted offenders must pay back their victims for their loss, the justice system for costs related to processing their cases, and society for the disruptions caused because of their crimes

the prosecutor’s job is to

charge, pleas, hearings, witnesses, elected officials, most powerful in the courtroom

who conducts the pre-sentence investigation?

probation staff

Most common form of bail

ROR for first time offenders it is a verbal promise with no financial backing

unsecured bail

released without deposit or bail, fail to appear and you owe

percentage bail

usually a percentage of the bail to get out or assets as collateral

third-party bail

assign custody to someone to ensure they show up

signature bond

written promise to appear

bail bondsmen

pay bond for you with percentage, but if fail to show at court, they actively look for you to get money back

concurrent sentence

most common, one or more sentences imposed at the same time and served simultaneously

consecutive sentence

one or more sentences imposed at the same time and served one after other

good time

deduction of time to incarcerated people for good behavior

indeterminate sentencing

establishes a range for a sentence that is determined by the parole board

determinate sentences

definite, no parole board, mandatory

in the federal system, there is no

parole

Mandatory Minimum

minimum required years of incarceration for specific crimes

three strikes laws

Rules for repeat offenders that require long sentences without parole for a conviction of a third or higher-order felony

truth in sentencing laws

A close connection between the imposed sentence and the actual time served in prison. The time that offenders actually serve on their sentence

judicial reprieve

Permitted judges to suspend judgment until offenders could seek a pardon or gather new evidence.

recognizance

Permitted offenders to remain free if they promised to pay their debts to the state

sureties

Individuals who would agree to make themselves responsible for offenders who had been released from custody

diversion

to prevent a novice or first-time offender from being stigmatized and labeled by the justice system while at the same time sparing the public the cost of unneeded criminal justice processing.

true diversion

the offender has their criminal prosecution dropped upon the successful completion of this program

minimization of system penetration

minimize the offender’s contact with the justice process as much as possible

specialized courts

mental health, drugs, teen, DV focusing on type of offender and offense

probation

form of punishment that permits a convicted offender to remain in the community under the supervision of a probation officer and subject to certain conditions set by the court

roles of a probation officer

casework management, supervision, investigation, and survelliance, presentence investigation

presentence investigation report

to help the court decide whether to grant probation, to determine the conditions of probation, to determine the length of the sentence, and to decide on community-based or institutional placement for the defendant

revocation of probation

A violation of the rules or terms of probation or the commission of a new crime, which may result in the offender being placed in an institution

technical violation

A violation of the rules of probation, such as leaving the district without permission, drinking in a tavern, or losing employment

deferred sentence

delays conviction on a guilty plea until the sentenced offender has successfully served their probation term

intensified supervised probation

Direct sentence imposed by a judge, Case management tool that provides local probation staff flexibility in dealing with probationers, especially those who appear to be high risk, Method to deal with probation violators, bringing them halfway back into the community without sending them to prison

ladder of intermediate sanctions

fine, forfeiture, restitution, community service, house arrest, drug courts, day reporting centers, shock probation/split sentencing, residential centers, boot camps

day reporting center

A facility where an offender, usually on probation, must report every day to participate in counseling, social skills training, and other rehabilitative activities.

residential community corrections centers

frequently offer a last chance before an offender is sent to prison or a last chance for those who violate parole.

jail

A facility that is authorized to hold individuals pending trial and individuals convicted of misdemeanors for periods longer than 48 hours, usually less than a year

lockups

found in city police stations or precinct houses, and they hold people for periods of less than 48 hours. have been traditionally used for those who are arrested for alcohol possession or intoxication. The inebriated are allowed to sober up before being released with a court date, a fine, or both

workhouses and houses of correction

operated by cities and counties and sometimes known as county prisons—hold convicted incarcerated individu-als sentenced to short terms.

characteristics of jail

small, diverse, overcrowded

who runs the jail

sheriff

first-generation jails

Focus on staff providing linear/intermittent surveillance of incarcerated individuals, which they do by patrolling the corridors and observing incarcerated individuals in their cells, interaction between staff and jailmates

second-generation jails

provide indirect or remote surveillance. Supervision is indirect because the officers’ station is inside a secure room that is separated from the incarcerated individuals’ living area. Observation takes place through protective windows in front of a console or desk. Microphones and speakers in the living area permit officers to hear and speak with incarcerated individuals

new-generation jails

direct-supervision model that places the correctional officers’ station within the incarcerated individuals’ living area or pod, which means that officers can speak with and see incarcerated individuals. During the day, incarcerated individuals stay in the day room or open area. Typically, they need permission to go into their cells, and if they do, they must return quickly.

fourth generation jails

provides total supervision that has a centrally placed, high-strength mirrored glass control center with a panoramic view that provides 100 percent surveillance of the entire facility.

minimum security prisons

relaxed perimeter security, nonviolent offenders, less than 5 years, open pods, sometimes no fencing, communal bathrooms, generous with visitation

medium security prisons

dorm housing with bunks, out of cell all day unless told otherwise, single/double fencing and guarding towers, CCTVs and sally port entrances, controlled access to programming

maximum security prisons

large plants with many fences or stone walls, segregation and isolation, limited and restricted movement

supermax prisons

only 1 on federal level, isolation, high profile offenders, specialized room and furniture construction, limited contact with staff and other inmates

architectural design for modern prisons

spokes and a central hub, long central corridor with cross arms, building corridors surround and face a courtyard, open design of building surrounded by a fence

who runs the prison

warden or superintendent