Criminal test 3

penitentiary

A state or federal correctional

institution for incarceration of

felony offenders for terms of

1 year or more.

general deterrence

A crime control policy that

depends on the fear of criminal

penalties. General deterrence

measures, such as long prison

sentences for violent crimes,

are aimed at convincing the

potential law violator that the

pains associated with the

crime outweigh the benefit

incapacitation

The policy of keeping

dangerous criminals in

confinement to eliminate the

risk of their repeating their

offense in society.

specific deterrence

A crime control policy

suggesting that punishment

should be severe enough

to convince convicted

offenders never to repeat their

criminal activity.

just desert

The philosophy of justice

asserting that those who

violate the rights of others

deserve to be punished. The

severity of punishment should

be commensurate with the

seriousness of the crime.

concurrent sentences

Prison sentences for two

or more criminal acts,

served simultaneously and

run together.

consecutive sentence

Prison sentences for two or

more criminal acts, served one

after the other

indeterminate sentence

A term of incarceration with a

stated minimum and maximum

length, such as a sentence

to prison for a period of from

3 to 10 years. The prisoner

is eligible for parole after

the minimum sentence has

been served. Based on the

belief that sentences should

fit the criminal, indeterminate

sentences allow individualized

sentences and provide

for sentencing flexibility. Judges

can set a high minimum to

override the purpose of the

indeterminate sentence.

determinate sentence

A fixed term of incarceration,

such as 3 years’ imprisonment.

Determinate sentences are felt

by many to be too restrictive

for rehabilitative purposes; the

advantage is that offenders

know how much time they have

to serve—that is, when they

will be released.

sentencing guidelines

A set of standards that defines

parameters for trial judges

to follow in their sentencing

decisions.

mandatory sentence

A statutory requirement that

a certain penalty shall be set

and carried out in all cases

upon conviction for a specified

offense or series of offenses.

truth in sentencing

A sentencing scheme requiring

that offenders serve at least

85 percent of their original

sentence before being eligible

for parole or other forms of

early release.

chivalry hypothesis

The view that the low rates of

crime and delinquency among

females reflect the leniency

with which female offenders

are treated.

victim impact statement

A postconviction statement

by the victim of crime or the

victim’s family that may be

used to guide sentencing

decisions.

brutalization effect

The belief that capital

punishment creates an

atmosphere of brutality that

enhances, rather than reduces,

the level of violence in society.

The death penalty reinforces

the view that violence is an

appropriate response to

provocation.

probation

A sentence entailing the

conditional release of a

convicted offender into

the community under the

supervision of the court (in the

form of a probation officer),

subject to certain conditions

for a specified time.

judicial reprieve

The common-law practice that

allowed judges to suspend

punishment so that convicted

offenders could seek a

pardon, gather new evidence,

or demonstrate that they had

reformed their behavior.

recognizance

The medieval practice of

allowing convicted offenders to

go unpunished if they agreed

to refrain from any further

criminal behavior.

probation rules

Conditions or restrictions

mandated by the court

that must be obeyed by a

probationer.

revocation

An administrative act

performed by a parole authority

that removes a person from

parole, or a judicial order by a

court removing a person from

parole or probation, in response

to a violation on the part of the

parolee or probationer

suspended sentence

A prison term that is delayed

while the defendant undergoes

a period of community

treatment. If the treatment

is successful, the prison

sentence is terminated

intake

the process in which a

probation officer settles cases

at the initial appearance before

the onset of formal criminal

proceedings.

presentence investigation

An investigation performed by

a probation officer attached

to a trial court after the

conviction of a defendant.

risk classification

An assessment of the risk

level probationers pose to the

community and themselves.

day fees

A program requiring

probationers to pay in part for

the costs of their treatment.

intermediate sanctions

The group of punishments

falling between probation

and prison (“probation plus”).

Community-based sanctions,

including house arrest and

intensive supervision, serve as

alternatives to incarceration.

fine

Levying a money payment

on offenders to compensate

society for their misdeeds.

day fine

A fine geared to the average

daily income of the convicted

offender in an effort to bring

equity to the sentencing

process.

forfeiture

The seizure of personal

property by the state as a civil

or criminal penalty.

restitution

A condition of probation in

which the offender repays

society or the victim of crime

for the trouble the offender

caused.

monetary restitution

A sanction requiring

that convicted offenders

compensate crime victims by

reimbursing them for out-of-

pocket losses caused by the

crime. Losses can include

property damage, lost wages,

and medical costs.

community service

restitution

An alternative sanction that

requires an offender to work in

the community at such tasks

as cleaning public parks or

working with disabled children

in lieu of an incarceration

sentence.

split sentence

A practice that requires

convicted criminals to spend

a portion of their sentence

behind bars and the remainder

in the community.

shock probation

A sentence in which offenders

serve a short prison term

before they begin probation, to

impress them with the pains of

imprisonment.

intensive probation

supervision (ips)

A type of intermediate sanction

involving small probation

caseloads and strict monitoring

on a daily or weekly basis.

electronic monitoring (eM)

requiring convicted offenders

to wear a monitoring device

as part of their community

sentence. typically part of a

house arrest order, this enables

the probation department

to ensure that offenders are

complying with court-ordered

limitations on their freedom.

residential community

corrections (rcc)

A nonsecure facility, located

in the community, that houses

probationers who need a

more secure environment.

Typically, residents are free

during the day to go to work,

school, or treatment and return

in the evening for counseling

sessions and meals

day reporting centers

(Drcs)

nonresidential community-

based treatment programs.

restorative justice

A view of criminal justice that

focuses on crime as an act

against the community rather

than the state. Justice should

involve all parties affected

by crime—victims, criminals,

law enforcement, and the

community.

sentencing circles

A type of sentencing in which

victims, family members,

community members, and the

offender participate in an effort

to devise fair and reasonable

sanctions that are ultimately

aimed at reintegrating the

offender into the community.

jail

A correctional facility designed

to hold pretrial detainees and

misdemeanants serving their

criminal sentences.

prison

A correctional facility designed

to hold convicted felons

while they serve their criminal

sentences.

Walnut Street Jail

The birthplace of the modern

prison system and of the

Pennsylvania system of solitary

confinement.

penitentiary houses

A correctional institution for

those convicted of major

crimes.

Pennsylvania system

A prison system, developed

in Pennsylvania during the

nineteenth century, based on

total isolation and individual

penitence.

tier system

A type of prison in which cells

are located along corridors in

multiple layers or levels.

congregate system

A prison system, originated in

New York, in which inmates

worked and ate together

during the day and then slept

in solitary cells at night.

Auburn system

A prison system, developed in

New York during the nineteenth

century, based on congregate

(group) work during the day

and separation at night.

contract system

A prison industry system, widely

employed until after the Civil

War, in which officials sold the

labor of prison inmates to private

businesses, for use either inside

or outside the prison.

convict-lease system

A contract system in which

a private business leased

prisoners from the state for a

fixed annual fee and assumed

full responsibility for their

supervision and control.

public account system

A prison industry system,

popular after the Civil War,

in which employment was

directed by the state and the

products of the prisoners’

labor were sold for the benefit

of the state

medical model

A view of corrections holding

that convicted offenders are

victims of their environment

who need care and treatment

to transform them into valuable

members of society.

maximum-security prison

A correctional institution that

houses dangerous felons

and maintains strict security

measures, high walls, and

limited contact with the outside

world.

super-maximum-

security prison

A form of a maximum-

security prison that uses

high-level security measures

to incapacitate the nation’s

most dangerous criminals.

Most inmates are in lockdown

23 hours per day.

medium-security prison

A less secure institution

that houses nonviolent

offenders and provides more

opportunities for contact with

the outside world.

minimum-security prison

The least secure correctional

institution, which houses white-

collar and nonviolent offenders,

maintains few security

measures, and has liberal

furlough and visitation policies.

boot camp

A short-term, militaristic

correction facility in which

inmates undergo intensive

physical conditioning and

discipline.

shock incarceration

A short-term correctional

program based on a boot

camp approach that makes

use of a military-like regimen of

high-intensity physical training.

community treatment

The attempt by correctional

agencies to maintain convicted

offenders in the community

rather than in a secure facility;

it includes probation, parole,

and residential programs.

halfway house

A community-based

correctional facility that houses

inmates before their outright

release so that they can

become gradually acclimated

to conventional society

total institution

A regimented, dehumanizing

institution, such as a prison, in

which like-situated people are

kept in social isolation, cut off

from the world at large.

no-frills policy

A correctional policy that

stipulates that prisons are

intended to punish, not coddle,

inmates. This usually means

a strict regimen of work

and discipline and reduced

opportunities for recreation

and education.

inmate subculture

The loosely defined culture

that pervades prisons and

has its own norms, rules, and

language.

inmate social code

An unwritten code of behavior,

passed from older inmates

to younger ones, that serves

as a guideline for appropriate

inmate behavior within the

correctional institution.

prisonization

Assimilation into the separate

culture of the prison. This

loosely defined culture that

pervades prisons has its own

norms, rules, and language.

The traditional prison culture

is now being replaced by a

violent gang culture.

make-believe families

In female prisons, substitute

family groups with a faux

father, mother, and siblings.

anger management

Programs designed to help

people who have become

dependent on anger as a

primary means of expressing

themselves and those who

inappropriately use anger

or the threat of violence to

get their way.

work release

A prison treatment program

that allows inmates to be

released during the day

to work in the community,

returning to prison at night.

furlough

A correctional policy that allows

inmates to leave the institution

for vocational or educational

training, for employment, or to

maintain family ties.

hands-off doctrine

The legal practice of allowing

prison administrators a free

hand in running the institution,

even if correctional practices

violate inmates’ constitutional

rights; this practice ended

with the onset of the prisoners’

rights movement in the 1960s.

substantive rights

Civil rights that include the

right of inmates to receive mail

and medical benefits and to

practice their religion.

jailhouse lawyer

An inmate trained in law, or

otherwise educated, who helps

other inmates prepare legal

briefs and appeals.

cruel and unusual

punishment

Physical punishment or

punishment that far exceeds

that given to people under

similar circumstances and

is therefore banned by the

Eighth Amendment. The death

penalty has so far not been

considered cruel and unusual

if it is administered in a fair and

nondiscriminatory fashion

qualified immunity

A legal doctrine that shields

government officials from

liability if their conduct did not

violate clearly established civil

rights that a reasonable person

would have known about.

parole

The early release of a prisoner

from imprisonment subject to

conditions set by correctional

authorities.

intensive supervision

parole (ISP)

A form of parole characterized

by smaller caseloads and

closer surveillance; it may

include frequent drug testing

and, in some cases, electronic

monitoring.