CRM 313 midterm review

What was the Code of Hammurabi and when was it created?

The first legal code of Western civilization, created in 1780 BCE by the king of Babylonia

What principle did the Code of Hammurabi introduce?

Lex talionis — “law of the talion,” or “an eye for an eye”

How many clauses did the Code of Hammurabi include?

282 clauses, mostly civil law with punishments or compensation for crimes

What legal systems followed the Code of Hammurabi?

The Mosaic Code (1200 BCE), Roman Twelve Tables (451 BCE), and Wergild compensation in early German/Anglo-Saxon societies

What were some early correctional institutions in medieval times?

Monastic confinement, bridewells, and houses of correction

What was the purpose of houses of correction?

Forced labor to discipline and punish offenders

Who was Charles-Louis de Montesquieu?

An early founder of the classical school of criminology; advocated moderation in punishment

Who was Cesare Beccaria?

Early criminologist who argued punishment should be public, immediate, necessary, and proportionate to the crime

Who was Jeremy Bentham and what did he believe?

A criminologist who believed punishment should protect society and deter crime if proportionate to the offense

What is positivism in corrections?

A system believing crime causes must be explained scientifically; the social world follows natural laws

What did early prisons look like?

Harsh environments with isolation, punishment, and little hope of reform

Who was John Howard?

First prison reformer; promoted humane, sanitary prisons and independent inspections

What did Alexander Maconochie create?

The “mark system” rewarding good behavior and reducing brutal treatment

What was Walter Crofton known for?

The Irish mark system and “ticket of leave,” which influenced U.S. parole

What role did the Quakers play in U.S. corrections?

Promoted prison reform and humane treatment through the Philadelphia Society (1787)

What was the Pennsylvania System?

A penitentiary model emphasizing isolation for reflection and reform

What was the Auburn System?

A New York model emphasizing strict discipline and silence; inmates worked in groups

What did the 1870 Cincinnati Congress establish?

The Declaration of Principles—focused on reformation, marks, and indeterminate sentencing

Who led the Elmira Reformatory and what was its focus?

Zebulon Brockway; rehabilitation, parole, and behavior modification

When did U.S. incarceration peak and how high was it?

2008; about 2.3 million imprisoned

What are two effects of mass incarceration?

Overcrowding and increased state variation in prison populations

What are two types of prison disturbances?

Violent (riots, assaults) and nonviolent (hunger strikes, work stoppages)

What did post-WWII corrections focus on?

Bureaucratization and evidence-based programs

What is “technocorrections”?

Use of technology, like electronic monitoring, instead of staff supervision

What is privatization in corrections?

Private companies operating prisons; about 8% of incarcerated people are in private facilities

What are five reasons for punishment?

Deterrence, just deserts, retribution, teaching a lesson, and maintaining social order

What is general deterrence?

Punishing one offender discourages others

What is specific deterrence?

Preventing the same offender from reoffending

What is incapacitation?

Isolating offenders to protect society

What is rehabilitation?

Providing services and programs to change offenders’ behaviors

What is retribution/just deserts?

Punishment deserved solely for committing a crime

What is restorative justice?

Offenders make amends and reintegrate into society

What are the main purposes of corrections today?

Protect the public, reduce fear of crime, punish, treat, and rehabilitate offenders

What are the social costs of incarceration?

Family disruption, stigma, systemic racism, and community harm

What are the financial costs?

Prison closures, budget cuts, and strain from the COVID-19 pandemic

What organizations promote professional standards?

ACA, NIC, and ASCA

What are key values of a corrections professional?

Integrity, respect, ethics, ongoing learning, and positive workplace behavior

Who are the main actors in the sentencing process?

Prosecutors, judges, probation staff, and pretrial release officers

What is the role of a prosecutor?

To bring the state’s case against the accused, seek justice, convict the guilty, and play a key role in plea bargaining

Are prosecutors appointed or elected?

They can be either appointed or elected officials

What case highlights prosecutorial responsibility in Florida?

Florida v. Shane Guthrie (2011

What is the main duty of a judge?

To uphold the Constitution, rule on legal procedures, decide guilt in bench trials, and impose sentences

How are most judges chosen?

Many are elected

What is a probation staff’s main responsibility before sentencing?

Conduct a Presentence Investigation (PSI)

What does a Presentence Investigation (PSI) include?

Interviews, document collection, and sentence recommendations based on the law and circumstances.

What is the role of a pretrial release officer?

To recommend defendants who qualify for pretrial release.

What is bail?

Temporary conditional release of an accused person before trial.

What are typical bail conditions?

Stay in jurisdiction, no victim contact, and no new crimes.

What is the purpose of bail?

To ensure the accused returns for trial.

What does “Release on Own Recognizance (ROR)” mean?

The defendant is released without bail, promising to appear in court.

What are common types of bail?

Unsecured, percentage, third-party, signature bond, and supervised release.

What was the Manhattan Bail Project?

A Vera Institute program that began ROR releases for eligible defendants.

What did the Bail Reform Act of 1966 do?

Encouraged pretrial release for all noncapital cases unless the defendant was a flight risk.

What did the Bail Reform Act of 1984 establish?

Preventive detention for certain offenders.

What is a concurrent sentence?

Sentences served at the same time.

What is a consecutive sentence?

Sentences served one after another.

What is “good time”?

Reduction of a sentence for good behavior in prison.

What are common sentencing sanctions?

Diversion programs, fines, probation, intermediate sanctions, incarceration, and the death penalty.

What must a judge consider when sentencing?

The costs and benefits to both the defendant and society.

What is indeterminate sentencing?

A range of time (e.g., 5–15 years) based on offender needs and rehabilitation.

Why is indeterminate sentencing criticized?

It can create sentencing disparities and give parole boards too much power.

What is determinate sentencing?

A fixed prison term (flat, mandatory, or presumptive).

When was the Federal Determinate Sentencing Law passed?

1977

What is structured sentencing?

Sentencing that limits judicial discretion to ensure consistency.

Which states first used presumptive sentencing guidelines?

Minnesota, Washington, Pennsylvania, and Florida.

What laws created the Federal Sentencing Guidelines?

The Comprehensive Crime Control Act and Sentencing Reform Act of 1984.

What did U.S. v. Booker (2005) decide?

Made the Federal Sentencing Guidelines advisory, not mandatory

What are mandatory minimum sentences?

Laws requiring a set minimum prison term for specific crimes.

What are three-strikes laws?

Require life or harsh sentences for a third serious felony.

What is truth-in-sentencing?

Laws requiring offenders to serve at least 85% of their sentence.

What percentage of felons are incarcerated?

About 75%

What percentage of misdemeanants are incarcerated?

About 56%.

What are the longest median sentences for crimes?

Murder (30 years), rape (10 years), and robbery (5 years).

What percentage of released prisoners are rearrested within 5 years?

About 71%.

Which group has lower recidivism rates?

Older individuals.

Which gender is more likely to be rearrested?

Males (72%) vs. females (63%).

Why are U.S. sentences often seen as excessive?

They are much longer than in other industrialized nations, even for minor crimes.

What are key legal factors in sentencing?

Severity of the crime, prior record, use of weapon/violence, and financial motive.

What are key nonlegal factors in sentencing?

Social class, gender, age, and victim characteristics.

What racial pattern exists in U.S. sentencing?

Black offenders often receive harsher sentences than White offenders, even with similar records.

What causes racial disparities in sentencing?

Systemic inequalities that occur before trials, not just judicial bias.

Where do community-based corrections trace back to?

English common law.

What was “judicial reprieve”?

A judge could suspend judgment and reconsider a pardon or new evidence.

What is “recognizance”?

It allowed offenders to remain free if they promised to pay debts to the state.

What were “sureties”?

Individuals who took responsibility for offenders released from custody.

What was the purpose of early community corrections?

To enforce Puritan community punishment codes.

Who is known as the father of probation?

John Augustus of Boston, Massachusetts (1841).

How many probationers did John Augustus supervise?

About 2,000 over 18 years.

When did Boston formalize probation?

1859.

What movement in the 1960s influenced community corrections?

The rehabilitation movement, also called the Community Corrections Revolution.

What did reintegration require?

Rebuilding social ties and expanding community-based programs.

Why was probation favored by courts?

It was cost-effective.

What is the Community Corrections Act (CCA)?

A state-based act providing subsidies to counties that divert minor offenders from prisons.

What are the key features of the CCA?

Citizen involvement, local planning, state subsidies, and legislative authorization.

What is “true diversion”?

Prosecution is dropped upon successful completion of the program.

What is the goal of “minimization of system penetration”?

To reduce an offender’s contact with the justice syste

What is “deferred judgment”?

The offender admits guilt before a plea is entered, serves informal probation, and avoids conviction—also called “probation before judgment” (PBI).

What is “deferred prosecution”?

No guilty plea is required; the offender voluntarily serves probation instead of court proceedings.

What does TASC stand for?

Treatment Alternatives to Street Crime.

What are TASC’s three main units?

Screening, intake, and tracking units.