Comprehensive Corrections and Sentencing: Philosophies, History, and Models

What are the five philosophies of punishment?

Deterrence, retribution, incapacitation, rehabilitation, and reintegration.

What does the philosophy of retribution emphasize?

Criminal punishment should be proportional to the seriousness of the offense and the culpability of the offender.

What is the key principle of deterrence?

Deterrence aims to prevent crime through the threat of punishment.

Differentiate between general and specific deterrence.

General deterrence discourages the public via the threat of punishment; specific deterrence discourages the punished individual from reoffending.

What is incapacitation in the context of punishment?

Incapacitation means preventing individuals from victimizing the public while they are in custody.

What is collective incapacitation?

Locking up everyone who commits a certain type of offense for a set period.

What is selective incapacitation?

Identifying and locking up specific high-risk career criminals who are likely to commit future crimes.

What is the goal of rehabilitation?

To 'cure' individuals of their antisocial or criminal behavior through treatment programs.

What does reintegration aim to achieve?

Preparing individuals for reentry into society by providing necessary opportunities and skills.

What is the stopping point for retribution?

When the deserved punishment is imposed and the proportionate sentence is completed.

What is the stopping point for deterrence?

When crime is discouraged and adding punishment produces no further prevention.

What is the stopping point for incapacitation?

When offending opportunities are restricted and the risk no longer justifies restraint.

What is the stopping point for rehabilitation?

When contributing factors are changed and relevant treatment goals are met.

What is the stopping point for reintegration?

When community membership becomes sustainable and extraordinary support is no longer needed.

What is the Classical School of thought in corrections?

An Enlightenment-era framework that views people as capable of choice and responsive to the consequences of behavior.

What are the key beliefs of Classical School thinkers?

Humans are rational, possess free will, and are hedonistic, seeking pleasure and avoiding pain.

Who is Cesare Beccaria and what did he contribute to the philosophy of punishment?

Beccaria argued for swift, certain, and fair punishment, emphasizing deterrence.

What is hedonistic calculus?

The idea that people make choices by weighing anticipated pleasures against anticipated pains.

What is positivism in the context of crime?

The view that crime is influenced by identifiable conditions and should be explained through observable evidence.

Who is Auguste Comte and what is his significance?

Comte is credited as the father of sociology and advocated for the application of the scientific method to understanding society.

What are the implications of Classical School for punishment?

It favors predictable, proportionate sanctions based on individual responsibility.

What are the implications of Positivism for punishment?

It favors individualized assessment and intervention based on the circumstances surrounding the person.

What were the major early forms of punishment before prisons?

Early forms included corporal punishment, public humiliation, and exile, each with specific goals and pitfalls.

What is the focus of the Classical School compared to Positivism?

Classical School focuses on the act of crime, while Positivism focuses on the person and their circumstances.

What were early jails (gaols) used for?

Short-term custody of people awaiting trial, debtors, and those awaiting execution or punishment.

What were Bridewells designed for?

To hold and punish the disrespectable poor, such as beggars and sex workers, while encouraging them to become productive members of society.

What was the purpose of transportation as a punishment?

Offenders were sold to ship captains or landowners and transported to foreign colonies to serve forced labor.

How was crime viewed before the mid-1700s?

As a sin or reflection of demonic possession, leading to brutal and public punishments.

What did William Penn advocate for in terms of punishment?

Punishment should encourage reflection, remorse, and repentance, with capital punishment reserved mainly for murder and treason.

What were John Howard's key findings about jails?

Unsanitary conditions, high inmate death rates, extortion by staff, and lack of state oversight.

What did Cesare Beccaria argue about punishment?

It should be swift, certain, severe but proportionate, and established by clear laws.

What is Bentham's hedonistic calculus?

People weigh anticipated pleasure against anticipated pain; punishment is justified only when its benefits exceed its harms.

What is the Panopticon?

A prison design by Bentham featuring constant surveillance of inmates, where the keeper is invisible.

What was the Pennsylvania Model of penitentiary?

Focused on separation of inmates by gender and age, solitary cells, and educational and religious programs.

What was the Auburn Model of penitentiary?

Initially adopted separate and silent but revised to congregate labor during the day while maintaining silence.

What was the intended logic of the Pennsylvania Model?

Isolation prevents contamination, silence encourages reflection, leading to remorse and reform.

What were the problems associated with the Pennsylvania system?

Often led to psychological breakdown, insanity, and was expensive to build and maintain.

What was the central feature of the Auburn Model?

Congregate labor in workshops while maintaining silence to prevent contamination.

What were the economic models of the Pennsylvania and Auburn systems?

Pennsylvania focused on individual craft work, while Auburn emphasized large-scale congregate production.

What was a major danger of the Auburn system?

Physical coercion and strict discipline, leading to harsh conditions for inmates.

What was the cycle of reform in corrections?

A repeated pattern of efforts to improve conditions and methods of punishment based on evolving philosophies.

What did the term 'penitentiary' originate from?

It comes from the idea of repentance or paying penance for one's crimes.

What was the role of labor in the Auburn Model?

To combat idleness, instill habits of effort and obedience, and teach skills useful after release.

How did early reformers view the purpose of punishment?

As a means to encourage moral reflection and societal reintegration rather than mere retribution.

What did Howard advocate for in terms of prison conditions?

Abolishing the fee system, ensuring adequate food and sanitation, and regular inspections.

What was the impact of the fee system in early jails?

It created an extortion economy maintained by jail staff, worsening conditions for inmates.

How did the Quaker beliefs influence the Pennsylvania Model?

They emphasized quiet contemplation as a source of reform.

What was the significance of the Great Law passed by William Penn?

It reserved capital punishment mainly for murder and treason, promoting fines, labor, and imprisonment instead.

What was a common outcome of the psychological effects of the Pennsylvania system?

Inmates often experienced psychological breakdown, insanity, and social withdrawal.

What was the intended outcome of the Auburn Model's discipline?

To maintain order through coercion and ensure inmates adhered to strict rules.

What was a key critique of the Pennsylvania Model?

It was often seen as impractical and led to high costs and inefficiencies.

What was the design inspiration for Stateville Prison?

A Panopticon-inspired roundhouse design.

What model did Stateville Prison intend to follow?

The medical model, treating crime as a disease.

What are the key components of the medical model as applied at Stateville?

Identification of causes, diagnosis, treatment, and monitoring for improvement.

What led to the erosion of early promises at Stateville Prison?

Overcrowding, limited programming, understaffing, and increased violence.

What is an indeterminate sentence?

A prison sentence with a range of years determined by the convict's behavior.

What is an example of an indeterminate sentence?

2-10 years or 15-to-life.

What criticisms do conservatives have of indeterminate sentences?

They argue sentences are too lenient and dangerous offenders are released too early.

What criticisms do liberals have of indeterminate sentences?

They argue parole boards have too much discretion, leading to arbitrary or discriminatory decisions.

What defines a determinate sentence?

A fixed number of years that the convicted person must serve in prison.

What is a mandatory minimum sentence?

The lowest punishment legally available for a qualifying offense, set by legislatures.

What is the purpose of habitual offender laws?

To increase punishment for new offenses based on specified prior convictions.

What are the three types of life sentences in the U.S.?

Life with parole, life without parole, and virtual (de facto) life.

What are the arguments for life without parole (LWOP)?

Proportionate retribution, permanent incapacitation, and certainty for victims.

What is a plea bargain?

An agreement where defendants plead guilty in exchange for concessions from prosecutors.

What are the three types of plea bargaining?

Charge bargaining, count bargaining, and sentence bargaining.

What is the purpose of a Pre-Sentence Investigation (PSI)?

To inform the judge about the offense and the defendant's background for sentencing.

What are major concerns regarding PSIs?

Accuracy, framing, privacy, responsibility, and downstream consequences.

What are sentencing guidelines?

Rules for computing sentences based on specified case characteristics.

What is the difference between warranted and unwarranted sentencing disparities?

Warranted disparities arise from legally relevant factors; unwarranted disparities arise from irrelevant factors.

What is cumulative disadvantage in sentencing?

Small differences at various stages that accumulate into a large difference in final outcomes.

Who typically has discretion over sentencing?

Discretion moves between lawmakers, prosecutors, and judges depending on the type of sentence.

What is the impact of mandatory minimums on discretion?

They transfer discretion to lawmakers and limit judicial flexibility.

How do sentencing guidelines aim to improve the justice system?

By treating similarly situated defendants similarly and increasing predictability.

What are the potential downsides of sentencing guidelines?

They may produce rigidity and a false appearance of objectivity.

What role do plea bargains play in the criminal justice system?

They determine guilt and significantly influence sentencing outcomes.

What is the central question regarding habitual offender laws?

Are we punishing the current offense or the person for failing to reform?

What is the significance of the age-crime curve in relation to life sentences?

It highlights the potential for rehabilitation that may be ignored by life sentences.

What factors can influence a parole board's decision on release?

Institutional conduct, rehabilitation, risk assessment, and release plans.