Corrections Final Exam review

When deciding on a sentence, the judge has a wide variety of options

Fines

Intermediate sanctions

Imprisonment

Death penalty

The sentencing decision is exacerbated by

the high incarceration rates throughout the country

How many new prisons have been built since 1990?

351

Hedonistic Calculus was the guiding objective of what question?

“Who are the offenders and what shall we do with them?”

Off the east coast of _______ was a penal institution known as ______ ______

Australia; Norfolk Island

What decade did Alexander Maconochie use the Mark System?

1840s

What is the mark system?

Allowed inmates to earn “marks” for the quantity and quality of work

Sir Walter Crofton developed what?

The Irish System

How many stages does the Irish System have?

3-Stage system, each of which would bring the convict one step closer to freedom

Phase 1: Reflection

Consisted of solitary confinement and tedious work

Phase 2: Motivation

After six months, the convict would be assigned to a public works team. ALL would be

accountable for the action of any ONE person

Phase 3: Reward

The last phase was assignment to a traditional prison with an unsupervised day job. A “ticket of leave” could be issued if the behavior was good and he could find employment in the community.

By ____, ____ _______ had become a massive problem in the U.S

1870; prison overcrowding

Prison administrators, wardens, religious leaders, concerned leaders, and innovators met in ________, _______ in the first meeting of what was to become the _________ _________ ___________

Cincinnati, Ohio; American Correctional Association

__________ _________, the dominant sentencing structure, was to survive until the _____

Indeterminate Sentencing; 1970s

When did rapid changes begin with restructuring of the sentencing process?

1974

The sentencing decision has a major impediment

It usually requires that judges predict human behavior

Jail

Managed by local law enforcement. Contains offenders awaiting trial, as well as those serving sentences of usually less than 1 year

Prison

A confinement facility that is administered by state or federal authorities. The sentence is usually of confinement for one year or more.

Intermediate Sanctions

A term used to describe a sentence that falls between probation and prison

Examples of intermediate sanctions

Boot camps, electronic monitoring, and shock probation. Halfway houses, drug courts, and day-reporting centers focus on rehabilitation rather than punishment.

Intensive Supervision is

One of the most widely used intermediate

sanctions. Designed to provide increase supervision

for higher-risk offenders. Designed to increase prison diversions and

public protection

The first day-reporting center opened in

1986

Day reporting centers

Offenders report daily. Designed to provide services and means increased contact and frequent drug testing

Restitution

Court-ordered requirement that the offender repair the damage done. Can include financial payment or service to the victims

Probation

Conditional freedom granted by the judge. Unsupervised probation requires no action (provided there are no new offenses). Supervised probation requires the offender to report as directed.

Split sentences

Short term of incarceration followed by a period of probation. Can include work-release, where the offender is allowed to go to work during the day.

Deterrence

Punishment or program designed to discourage commission of a criminal act

Retribution is defined as

“getting even” or punishment. Exacting a penalty because the offender deserves it: “an eye for an eye”.

Retribution assumes that

offenders willfully choose to commit evil acts, are responsible for their own behavior, and are likely to commit act again

Considered the “Father of Probation”

John Augustus

John Augustus established probation in what year and city?

1841; Boston

The first state to create a statute authorizing probation was ___ ___ in ___

New York; 1901

Despite initial opposition by the Justice Department, in ____, _______ created _____ _____

1925; Congress; federal probation

Presentence Investigation Report (PSI) assists court in determining sentence

If offender is incarcerated, assists in

classification.

If offender is incarcerated, is used by parole

board for consideration of release.

Aids probation officer in supervision.

Source of information for research.

Judges accept the recommendation in about __ percent of cases when probation is rocommended

85

Judges accept __ percent when prison is recommended

66

PSI reports should include

1. Offense

2. Prior Record

3. Personal and Family Data

4. Evaluation

5. Recommendations

Disclosure of the PSI

Disclosure allows the defendant to identify inaccurate, incomplete, or misleading information

Factors influencing sentences

Offense

Presence and harm to victim

Prior record

Drug use

Employment

Demeanor of offender

Options available to the judge

Shock Probation

Involves short prison term WITH probation

When and where did shock probation begin

Ohio, 1965

Probation revocation

Failure to meet the conditions of probation can result in imposition of original sentence (usually incarceration)

Concurrent sentence

If there are multiple sentences, the time served counts toward all sentences

Consecutive sentence

Offender generally must serve the minimum sentence for the first crime before beginning to serve time for the second offense.

Who is credited as the “Father of Modern Parole”

Captain Alexander Maconochie

Retribution

Getting even with the offender

Social Revenge is left to the state

Assumption is that the offender willfully chose to commit crimes

Deterrence

The prevention of criminal behavior through the threat of
Detection

Apprehension

Punishment

Parole

From the French word, d’honneur, or “word of honor”; “the promise to obey the law”

Mark system

Ability of inmate to earn early release based on work, good conduct, and study. Release constrained by certain conditions.

Eighth Amendment

Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishment inflicted.

Good time credits

Reduction of prison term based on an offender’s behaviors in prison and completion of programs

Parole, 1944

last state passes enabling legislation for parole

Parole 1976

Maine abolishes parole

Parole 1979

Colorado abolishes parole release

Parole 1984

Federal system abolishes parole as an early release mechanism

Parole 1985

Colorado reinstates parole release

Parole 1996

Ohio becomes 11th state to abolish parole

Parole 2011

Kansas abolishes its Parole Board and established a three-member Prisoner Review Board

Parole 2012

637,411 inmates were released from prison, down from a high of 734,144 in 2008

Mandatory Release

Required release of the offender because maximum sentence has been served

Parole Board Functions

Setting policy

Modification of presumed release date

Commutation of sentence

1. Revocation of parole

2. Pardon

3. Reprieve

4. Incapacitation

Work and Education Programs

On average, work and education programs reduce recidivism rates between 4% and 14%

Parole Conditions are a set of rules, which often include

Reporting regularly to a parole officer

Remaining in a prescribed area, such as the county where the parolee resides

Parolees who fail to report are known as

Absconders

The effectiveness of Parole Supervision

The existing evidence seems to be in favor of parole supervision, although there is no clear consensus as to its effectiveness. The type of offense and the age of the offender are important factors in determining parole success.

Probation as a Correctional Alternative

Probation neither confines nor releases an offender from correctional sanction. Most offenders in the correctional system are under probation.

What is the estimated failure rate of probation?

Between 14% to 60%

Furloughs

A phase re-entry program designed to ease the offender’s transition from prison to the community

A follow-up study of probationers found ___ were rearrested for a felony

43%

__ of the arrestees were arrested for a violent crime

18%

___ of the arrestees were arrested for a drug offense

33%

Shock Probation is

A program that allows sentencing judges to reconsider the offender’s original sentence to imprisonment and recall the inmate for a sentence to probation

Status offense

An offense committed by a juvenile that would NOT be considered a crime if committed by an adult

Example of a status crime

Running away from home

Detention

Juvenile courts sometimes hold youths in secure detention facilities during court processings

In about 1/5 of all delinquency cases, offenders are ________

detained

Much of the juvenile crime in the 1980s and early 1990s was due to

Increased use of crack

Juvenile gangs

Violence

John Augustus

Considered the Father of Juvenile Probation

The first juvenile court was established in

1899, in Cook County (Chicago, IL)

By _____, all but ___ states had established juvenile courts/probation

1927;2

Probation

Allows youth to remain in the community

Reduces labeling and stigma

Is less expensive than incarceration

Parens Patriae means

The “role of the parent assumed by the juvenile court

When did Parens Patriae begin?

Middle Ages in England

“The King, being the father of His country must protect the welfare of the children”

Juvenile Probationers, 1/2 are for

Property crimes

Juvenile Probationers, 1/5 are for

Personal crimes

Juvenile Probationers, 1/8 are for

Drug crimes

Juvenile Probationers, 1/4 are for

Public order offenses

Residential Placement

Can be a public or private facility and can range from group home to secure facilities

Diversion of Juveniles

An attempt to minimize involvement in the juvenile justice system

Roles of Probation and Parole Agencies

Surveillance

Investigation

Concrete-Needs Counseling

Emotional-Needs Counseling

Glaser’s Role Typologies

Punitive Officer

Protective Officer

Welfare Officer

Passive Officer

The Five Faces of Probation Supervision

1. Help offender understand

2. Have it make sense

3. Let offender identify

4. It’s up to offender

5. Make offender do it

Characteristics of Effective Change Agents

Quality interpersonal relationships

Model behavior

Reinforcement of positive behavior

Functions of Probation Officers

Referral functions

Advice and guidance

Court Consultant

Psychotherapy

Law enforcement

Environmental manipulation

Enforcement

Officer-Offender interactions often not effective because

Too brief for impact

Convos focus on monitoring compliance conditions

Relationships more confrontational & authoritarian in nature than helpful

What is targeted is not always based on assessment

Static risk factor

A characteristic of the offender related to outcome that cannot change- i.e., age at first arrest

Dynamic risk factor

A factor that contributes to outcome but is changeable- i.e., substance abuse

Risk

Predict future criminal behavior and match services to level

Need

Match offenders to services