CRIM Unit 4 lec 13-15

13&14 corrections; 15 death penalty

evolution of punishment: ancient greece and rome

• exiles and fines as main form

• slaves endured harsher punishments

middle ages

• blood feuds

• origin of term felony

• wergild

feudal era

rise of executions

punishments served as law enforcement and public entertainment

wealthy bought their way out

rise of forced labor

• shift from execution to labor as punishment

birth of prisons

• harsh punishments

• reformers pushed for imprisonment over harsh punishments

• first penitentiaries in 1820s

normative vs instrumental reasons for why people obey the law

• normative: moral, what should be, values, ethics irrespective of what state authorities do

  • ex: believing law enforcement actions are fair, moral sense of obligation, obey law because you believe in their legitimacy

• instrumental: more rule-based, external calculation,

  • ex: obey laws to avoid punishment; high certainty of detection, fear/wish to avoid punishment associated with conviction

general deterrence

• discourage public from committing crimes by making an example of offenders

• convince would-be offenders that pains of punishment outweigh potential benefits of criminal behavior

specific deterrence

• punishing a particular individual to prevent them from reoffending

goals of punishment: incapacitation

• reduce or eliminate offender’s opportunity to commit future crimes

goals of punishment: rehabilitation

• aimed at reducing future crime by treating and eliminating the underlying causes of crime (ex: educational/vocational training, counseling)

goals of punishment: retribution/just desert

• criminals deserved to be punished for their criminal acts

• offender should receive the punishment they deserve

• proportionality: sentence should be proportionate to severity of crime

goals of punishment: equity/restitution

• reimburse society for losses

• paying back; restoring balance

goals of punishment: restoration

• defendant should be expected to express remorse; make amends

jail v prison

• jail: people less than 1 yr; also pre trial; managed local

• prison: greater than 1 yr; managed by state (most ppl here)

national academy study - why incarceration increased dramatically

• punitive political climate

• inceased sentence lengths, prison for minor offenses

national academy study - consequences of increase in incarceration

• very minimal reduction in crime

• effects of harsh penal policies have fallen most heavily on blacks/latinos

• recidivism decreases with age > lengthy sentences are inefficient

• unwanted social costs

probation v parole

• probation: serve sentence at home in the community; assigned by judge; tight restrictions; failure to abide by probation terms results in revocation of probation > complete rest of sentence in prison

• parole: early release from prison where remainder of sentence is served at home; similar restrictions; failure to abide by terms > finish sentence in prison

()% successfully complete their parole/probation terms

65%

sentencing reform act of 1984

• abolished parole in federal prisons

• replaced with good time

children’s school performance and parent in jail study main finding

• parental incarceration increases children’s educational attainment

• more incarceration is associated with more educational attainment for the child

• when child is more likely to go to prison because of a stricter judge > child goes through more schooling

why might children with parent more likely to be incarcerated go through more school? (3 mechanisms)

• absence of a harmful parent may help child be in better environment - negative presence leaves

• better caregiving from others when one parent is absent

• role model effect - if child sees parent being punished, could deter child from following a similar path

deterrent effects of prison: italian study

• italy passed law, where 22k prisoners were released early

  • but if they reoffended within five years they had to go back and serve new sentence + time they had left/time forgiven

• sentence overhang was random (amount of time left)

• more time forgiven > less likely to reoffend (because they knew they’d have a long additional sentence to serve if they committed a new crime)

italian study: for each additional month of sentence overhang, likelihood of reoffending decreased by:

1.3%

*deterrent effect weaker for those who had already served longer sentences

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