CJ 100 - Chapter 11: Criminal Punishment

Punishment

A form of deprivation imposed upon a person as a result of committing a criminal act. Punishments may include, but are not limited to, incarceration (deprivation of freedom), fines (deprivation of money), or physical punishments (deprivation of bodily integrity).

Punishment may include physical punishment, fines, and/or _______.

Incarceration

True or false, criminal punishment must come as a consequence to criminal behavior.

True

_______ offenses in California allow cases of petty theft to count either as a misdemeanor or as a felony.

Wobbler

True or false, punishment can lawfully vary based on an offender's demographic makeup.

False

Retribution

A justification for punishment grounded in the notion that offenders should be punished because they deserve it. Forms of retribution include revenge, just deserts, and expiation.

Revenge

The impulse to get even in the face of injustice.

Just deserts

A view of retribution focusing on the idea that punishment should be proportional to the crime; that is, punishment should be equally severe to the offender as the offender’s criminal act was to the victim.

Expiation

A view of retribution based on the idea of atonement through suffering. Expiation is based on the idea that crime causes pain to the victim, so the only way for the offender to repent or learn a lesson is through experiencing pain.

General deterrence

A justification for punishment holding that the imposition of punishment, in general, will prevent (or deter) all persons in the public from committing criminal acts because they will fear being punished if they do so.

Specific deterrence

A justification for punishment that is designed to discourage or prevent individual offenders from committing additional crimes out of fear of being punished again if they do so.

Incapacitation

A justification for punishment in which punishment is used to remove or reduce the offender’s ability to commit criminal activities. The most common form of incapacitation is the use of prison or jail, with the idea that removing the offender from society will reduce the offender’s ability to commit crime.

Rehabilitation

A justification for punishment that views the purpose of punishment as attempting to correct an offender’s behavior so it will conform to the law and to social norms. Rehabilitation involves the use of programming (counseling, treatment, education, etc.), rather than fear or pain to correct behavior.

Restitution

The payment of money to a victim by an offender to compensate the victim for the losses caused by the offender. This concept was present in some ancient Greek legal codes and also is utilized as part of restorative justice models today.

Restorative justice

Focuses on restoring the victim, offender, and society to the desirable conditions that existed before a criminal offense occurred.

True or false, there are seven justifications for punishment outlined in the text.

False

Dangerous classes

Groups of persons who are targeted for punishment more often than the general population because they are labeled deviant or dangerous by society. The label may be based on untrue perceptions or discrimination rather than on actual threats.

School-to-Prison Pipeline

Metaphor for students who are dismissed from school (e.g., suspension or expulsion) and become involved in the criminal justice system.

True or false, the perceived dangerous classes may include persons from selected racial, gendered, or ethnic backgrounds.

True

Developed by Skonlick (1966), the term _______ is used to describe police officers developing perceptual shorthands to assist with immediate identification of persons believed to pose a threat to society.

Symbolic assailants

Culpability

Guilt or responsibility for a criminal offense. Only individuals with culpability may be punished.

Legality

In punishment theory, legality means that punishment can only be given for crimes as defined by the law and that the punishments given must be within the bounds of the law.

Void for vagueness

Laws so vague that persons must guess at their meaning, and as a result, such laws are unenforceable. Laws may be struck down under judicial review if they are void for vagueness. Based on the principle that laws must provide clear descriptions of the conduct that is prohibited.

Bail

A pledge, based on a promise, a financial deposit, or adherence to special conditions, designed to allow pretrial release and to ensure that a person accused of a crime will appear in court for trial. Persons who are granted bail remain free in the community until their trial, as long as they have complied with bail requirements.

Fines

Financial penalties imposed when an offender has been found guilty of a crime.

Cruel and unusual punishments

Prohibited under the Eighth Amendment of the U.S. Constitution. However, there are differing legal interpretations as to what constitutes cruel and unusual punishment.

Proportionality

The idea that the punishment should fit the crime. Punishments may be ruled unconstitutional if they are grossly excessive in relation to the crime committed.

True or false, laws of vagueness are constitutional and enforceable.

False

True or false, the government's punishment power is limitless.

False

True or false, punishment is ever-evolving.

True

_______ refers to new technologies enabling more sophisticated control of offenders.

Technocorrections

Capital punishment

The death penalty.