Exam 1: Chapter 1 - 4

5 Sentencing Goals of Corrections

Punishment, deterrence, incapacitation, rehabilitation, and restitution

Mission of Corrections

The belief that the most important part of supervision of inmates and supervision of probationers and parolees in the community is protection of the public

Lombroso

Positive School/Theory of Atavism

Beccaria

Classical School

Bentham

Hedonistic Calculus

Tarde

Neo-Classical School

Augustus

Shoemaker and Father of Probation

Howard

Sheriff of Bedfordshire/Penitentiary Act of 1779

Penitentiary Act of 1779

Four requirements: Secure and sanitary structures, regular inspections, termination of fees charged to inmates, and although inmates confined separately in cells at night, they were allowed to work in common rooms during the day

Atavism

There is a link between physical traits and community (Ex: Criminals are mentally deficient, long arms, excess body hairs, prominent cheekbones, and large foreheads)

Early Responses to Crime

Considered “cruel and unusual” today; they include punishment such as banishment, stocks and pillories, branding, and burning at the stake

What was the first U.S. penitentiary?

Walnut Street Prison in Philadelphia, PA

Characteristics of Walnut Street Prison

Total isolation, no communication, prisoners required to wear masks, given work in their cells, and encouraged to read the Bible and do penance

Where and when was the first prisoner held in the U.S?

Walnut Street Jail in 1790

Correctional Funnel

Concept that is used to demonstrate the large numerical difference between crimes committed, crimes reported, and crimes incarcerated

Sentencing Guidelines

Structures sentences that take into account the severity of the crime and the offender’s prior criminal history

Felony

Most serious offense, possible incarceration of more than one year, and potential sanctions are more severe

Misdemeanor

Less serious offense, possible incarceration of less than one year, and often involve community-based sanctions

Summary

Least serious offense, up to 90 days of incarceration, and often includes fines/costs/restitution

Concurrent Sentencing

At the same time

Consecutive Sentencing

One right after another

Bail

The amount of money the accused must post to guarantee his/her appearance in court; the amount may be required in cash, or the offender may be able to use a bondsman

To determine bail, what will the district judge look at?

Severity of the crime, prior criminal history, ties to the community, and flight risk

What does R.O.R stand for?

Release on your Own Recognizance

R.O.R

The accused must promise to appear in court, if he/she does not appear at next court hearing, offender must pay the listed amount

Summons

An order to report for court proceedings (preliminary hearing) which required no bond

What might cause a summon?

Minor violations or summary offenses

Plea Bargain

Plea of guilty in exchange for a reduced sentence in which the court moves directly to sentencing

How many cases are plea-bargained?

Over 90%

Determinate Sentencing

Sentences with a “fixed term” in which the defendant is still entitled to ear “good time”

Indeterminate Sentencing

Sentences with a minimum and maximum time to serve in which a release authority such as a parole board determines the actual amount of time served

Why do a lot of courts choose diversion?

Too many offenders which costs a lot and overcrowds

What offenses can be diverted?

Minor offenses and those with no prior criminal history

What are some diversionary alternatives to incarceration?

Fines/Costs/Restitution, programs/mental health court/drug court/probation, probation without verdict/accelerated rehabilitative disposition

Pretrial Diversion

The suspension of the criminal process while the accused is provided a chance to participate in treatment programs such as ARD or PWV and if successfully completed, there is no formal record

What does PSI stand for?

Presentence Investigation Report

Who completes PSIs?

A probation officer or presentence officer

When are PSIs used?

Felony cases that allow the possibility of parole

What do PSIs contain?

Information to assist judges in the sentencing process

What do PSIs provide?

Details of defendant’s background, offender risk and chance of success, and sentencing range

Pretrial Process

The steps in the legal process prior to trial which encompasses pretrial detention, whether an offender is eligible for bail or other supervision alternatives, whether the offender is eligible for diversion from the criminal justice system, and legal representation

Supervised Pretrial Release

Community supervision prior to trial where offenders must follow specific conditions, report to trial services officer, and return for violation of conditions

When was the Manhattan Bail Project?

1960s

What was the purpose of the Manhattan Bail Project?

To address overcrowding and to help judges determine who would be the best candidates for pre-trial release

What was the criteria created to score offenders and recommend who to release in the Manhattan Bail Project?

Biggest factor of whether or not people are going to show up for trial

What were some of the options for the Manhattan Bail Project?

R.O.R, bail, pretrial detention, and supervised pretrial release for high-risk offenders

Who and when were the Truth in Sentencing Statutes created?

Congress in the 1980’s

Why were the truth in sentencing statutes created?

To encourage states to adopt with the promise of federal funding to build new prisons

What was the mandate in the truth in sentencing statutes?

Mandated for determinate sentencing where the individual had to complete at least 85% of their sentence before being eligible for release

Characteristics of First-Generation Jails

Linear design, cells are aligned in long straight rows, walkway in the front for corrections officers to walk by and observe, very secure, no privacy, and no dayrooms or rec areas

Characteristics of Second-Generation/Podular Jails

Corrections officers in a secure control room which overlooks cells and dayroom, remote supervision with electronic controls, includes a common area in the middle of the cell block for inmate recreation with tables, chairs, and television, better inmate to staff ratio

Characteristics of Third-Generation Jails

Corrections officers are located in the housing unit in direct contact with inmates

Disadvantages of Second-Generation Jails

Officers have limited contact with inmates

Preventive Detention

Detaining the accused person in jail to protect the community against crimes that a person may commit or for flight risk

Three Strikes Laws

These laws require a judge to impose a particular sentence once a criminal is convicted of three felonies

Presumptive Sentencing

Predetermined range or minimum, average, and maximum term for a specific crime which has allowances for mitigating and aggravating circumstances

Bell v. Wolfish

8th Amendment case in which inmates protested being double bunked in single cells. The courts found that the inmates 8th amendment rights were not being violated citing a “punitive intent standard”

When and where did Bell v. Wolfish take place?

1979, Federal Jail in NYC

Examples of who the county jail houses?

• Pending arraignment, awaiting trial, conviction, or sentencing

• Probation, parole, and bail bond violators

• Juveniles, pending transfer to juvenile authorities

• Mentally ill offenders, pending transfer to mental health facilities

• Military, for protective custody, contempt, or as court witnesses

• Convicts awaiting transfer to state or federal facilities

• Inmates’ assignment to work release

• Inmates with sentences for misdemeanor crimes

Regional Jail

A jail that is funded and operated by multiple small counties to maximize resources

Standard Conditions of Probation

Conditions assigned to all probation cases by the courts

Special Conditions of Probation

Conditions of probation that are tailored to an individual probationer. Imposed on a case-by-case basis by the sentencing judge at his or her discretion

What must a probationer comply with the right to search?

Person, property, and residence

Who can a probationer be sanctioned by?

Probation officer or judge

Characteristics of Drug Courts

• Judge determines offenders underlying needs primarily drug related

• Criminal behavior secondary issue

• Offender may be sentenced to drug court

• Must qualify and apply

• If approved, scheduled for plea and sentencing

Characteristics of Mental Health Courts

• Judge determines underlying need = mental illness

• Criminal behavior is a secondary issue

• Offender may be sentenced for mental health court

• Must qualify and apply

• If approved, scheduled for plea and sentencing

• Sentence will be a probation sentence

What does treatment court include?

Access to individual and family counseling, educational degrees, job skill training, and housing and transportation assistance

U.S. v. Birbaum

1920 case in which SCOTUS determined that probation is a privilege and NOT a right

Gagnon v. Scarpelli

1973 case which extended Morrisey rights to probationers

Mempha v. Rhay

1967 case in which probationers were granted the right to an attorney at the probation revocation hearing

Morrisey v. Brewer

1972 case that provided for a hearing to determine the factual basis for parole violations

Casework Supervision

Supervision with emphasis on helping clients with problems and counseling them to ensure that the probationer completes supervision successfully

Surveillance Supervision

Supervision with emphasis on monitoring and enforcing compliance with the rules of supervision in an attempt to detect violations leading to revocation and return to custody

Broken Windows Probation

A philosophy that mimics community policing where probation partners with citizen groups, churches, and other neighborhood organizations to take responsibility for supervising offenders in the community

General Deterrence

The belief that members of society will not commit crimes because they see others punished for their crimes

Specific Deterrence

The belief that an offender’s punishment will stop the offender from doing that crime again due to impact

Sanctions for Probation Violations

Punitive measures in response to a violation of conditions of probation supervision; they may include a range of measures from a written warning to arrest and revocation of probation

Early PA Prison Systems

Separate but silent - emphasized solitary confinement and prohibited inmates working together in groups

Auburn Prison Systems

Congregate but silent - had less mental illness, was cheaper to operate, and produced more goods

Mandatory Minimum Sentences

Sentences which give judges less discretion by mandating a minimum sentence for a particular crime

Probation

A jail sentence that is suspended on the condition that the offender follow certain prescribed rules and commit no further crimes

Parole

The release of an inmate from incarceration prior to their maximum term of sentence

Judges Options at Sentencing

A range of sanctions including community service, fines/costs/restitution, probation, incarceration, and capital punishment