corrections chapters 1-2

the justice system is…

chronological

police

investigation and arrest

courts

due process, adjudication, and sentencing

corrections

punishment; incarceration and fines (also bail)

where do misdemeanors go?

community corrections or jail

where do felonies go?

community corrections and jail, or prison

whats the difference between misdemeanors and felonies

felonies are when the punishment is over a year in jail

why do we have corrections?

• to punish those who have broken the law

• to deter people from committing crimes time and time again

• to keep bad people off of the streets

what should be the goals of our corrections systems?

• lowering recidivism rates

• rehabilitation

• incapacitation

who created the code of Hammurabi?

the King of Babylonia (now Iraq)

what is the code of Hammurabi?

the first legal code of Western civilization which includes to the principle of “lex talionis” - “an eye for an eye”

how many clauses does the code of Hammurabi have?

282 clauses - primarily civil law, but outlines the punishment or compensation for crime

what are the similar legal systems that followed the code of Hammurabi in other early societies?

• the mosaic code of the Israelites

• The Roman twelve tables

• wergild compensation of early German and anglo-saxon societies

  • if a person was injured or killed, then the other person was responsible for paying back the worth of that person’s life

in what period were some of the first correctional institutions developed?

during the medieval period

what were the first correctional institutions developed during the medieval period?

• monastic confinement

• bridewells

• houses of corrections

monastic confinement

for violations of canon law (catholic/religious laws)

bridewells

workhouses for the poor

houses of corrections

forces to work to discipline and punish

what was the main purpose of incarceration during the early years of punishment?

to hold political prisoners, debtors, and people awaiting trials

most early punishment was…..

immediate and involved reacceptance into the community

criminal justice

process of achieving justice through the application of criminal law nad through the workings of the criminal justice system

criminal justice system

collection of all agencies that perform criminal justice functions

what are the basic divisions of the criminal justice system?

police, courts, and corrections

the modern systems of corrections grew up during the….

enlightenment

Charles-Louis de secondat Baron de Montesquieu

• early founder of the classical school of criminology

• advocated moderation in punishment

Cesare Bonesana Beccaria

advocated that punishment should be public, immediate, and necessary — proportionate to the crime and determined by law

Jeremy Bentham

believed that the law should accomplish the utilitarian purpose of the protection of society - thought punishment would deter criminal behavior if appropriate and proportionate to the crime

what was the development of positivism?

• a philosophical system that holds that assumptions about the natural world must be able to be proven scientifically, logically, or mathematically

• the social world operates according to laws like the physical world

• adopted to explain the cause of crime in society

who were the early prison reformeers?

• John Howard

• Alexander Maconochie

• Walter Crofton

John Howard

• sheriff in Bedfordshire

• noted as the FIRST prison reformer

• advocated for more humane and sanitary conditions in jails and prisons throughout England

• concerned about prisoners housed indefinitely due to not being able to pay jailers fees

• called for independent inspection process to ensure reforms enacted

Alexander Maconochie

• served as a director of the British prison colony in Australia

• set up the “mark system”

  • a system by which brutal treatment was discouraged, and convicts were awarded “marks” to encourage effort and thrift

  • sentences were in stages, each increasing in responsibility

  • the use of cruel and degrading treatment was reduced

Walter Crofton

• prison reformer who developed the Irish Mark system

• early release or “ticket of leave” had three stages

  • stages combined time, good behavior, and vocational training

• The system eventually spread to the U.S. and influenced the development of parole

punishment in colonial america

serious offenses - death or banishment

non-serious offenses- physical punishment or shaming

the penitentiary was built upon _____ and ______

solitude, silence

penitentiaries

• crime was seen as a result of being born into a life of sin

• criminal influences had to be reduced or eliminated

• contact with other offenders was forbidden

what were the two penitentiary systems?

• the Pennsylvania system

• the auburn system

the pennsylvania system

each prisoner was held in an isolated cell with their own rec yard and was only allowed out for church—separate confinement

auburn system

each prisoner was held in individual cells or dorms but allowed out to work and rec in a yard

• communication was still forbidden

• congregate system

problems with the “old school” prisons

• the “Silent systems” proved hard to maintain

• prison populations greatly increased between 1960 and 1980

• solitude and harsh physical conditions caused significant concerncs

why were prison populations growing between 1960 and 1980

• increase in crime

• “the war on drugs” and new drug policies

what did the speakers in the first correctional congress speak about in Cincinnati Ohio in 1870?

• new and progressive ideas in corrections

• created the declaration of principles

• emphasis on the reformation of prisoners

• use of marks system

the reformatory model at Elmira (“The Hill”)

• Zebulon Brockway, superintendent beginning in 1876

• focus on rehabilitation through many processes

what were the processes of rehabilitation that “the hill” (Elmira) focused on

• indeterminate sentencing

• the payment of inmates for work

• the supervision inmates in the community

• a system of behavior modification

• the development of parole

the medical model of rehabilitation

advocated the idea that criminality is a sickness that can be cured through psychological intervention

in 2008 the prison population peaked at?

• 2.3 million imprisoned

• the U.S.A. has 5% of the world’s population, but 20% of the world’s total prison population - the world’s greatest per capita jailer

types of violent disturbances

intimidation, assault, sabotaging utilities, burning or destroying property, riots

types of nonviolent disturbances

hunger strikes, work stoppages, voluntary lockdowns, sick-ins

bureaucratization of corrections post-WWII

• federal bureau of prisons

• state department of corrections

evidence-based programs

• analysis of programs using scientifically approved methods

• designed to discover which programs are effective, in what setting, and what frequency

technology used in community and institutional corrections

• electronic monitoring

• techno corrections - using technology rather than personnel to monitor prison populations

privatization

• history of privatization in community corrections; however, use in institutional corrections begins in the twentieth century

• over 150 privately operated facilities house over 100,000 people, less than 8% of all incarcerated people

what were the 5 basic goals of punishment

1. retribution

2. deterrence

3. incapacitation

4. rehabilitation

5. restorative justice

retribution

punishment inflicted on a person who has infringed on the rights of others and so deserves to be penalized

• this approach rests on the philosophical view that punishment is a moral response to harm inflicted on society

• also known as “just desserts”

• looks at what the offender has already done

what are the two types of deterrence

• general deterrence

• specific deterrence

general deterrence

punishment of criminals that is intended to be an example to the general public to discourage the commission of similar offenses by other people

specific deterrence

the punishment inflicted on the criminals to discourage them from committing future crimes

incapacitation

depriving an offender of the ability to commit crimes against society, usually by detaining the offender in jail or prison

selective incapacitation

identifying high-rate offenders and providing for their long-term incarceration

• difficult to discern who will commit future crimes

rehabilitation

providing an offender with services and programs that assist in changing character, attitudes, or behaviors that contribute to criminal propensities

• rehabilitation also looks at the offenders potential actions

restorative justice

• making amends to the victim or society for the harm resulting from a criminal offense

• designed to reintegrate criminal offender into the community

equity/restitution

offenders must pay back their victims for their loss, the system for costs related to processing their cases, and society for the disruption caused by the crime

the goals of sentencing are not mutually exclusive

any one sentence may have multiple goals

bail

temporary conditional release of an accused person awaiting trial

which amendment forbids excessive bail?

8th amendment

bail reforms acts

• manhattan bail project

• bail reform act of 1966

• bail reform act of 1984

manhattan bail project (early 1960s)

provided ROR release for eligible offenders

bail reform act of 1966

urged pretrial release for all noncapital cases unless defendant was flight risk

bail reform act of 1984

formalized preventative detention

preventative detention

certain defendants cannot get bail if deemed too dangerous

common conditions of bail

• sometimes not permitted to leave the jurisdiction

• refrain from contacting the victim

• commit no crimes

meant to ensure the accused will return to trial

bail can be

• cash

• unsecured

• percentage

• third-party

• signature bond

types of bail

• released on own recognizance

• supervised release

when setting bail….

• prosecutors may stress the seriousness of the crime, the defendant’s record, and negative personal characteristics

• the defense may stress the defendants job, family responsibilities, and place in the community

who are the actors in the sentencing process

• prosecutors

• judge

• sometimes juries

• probation staff

• defendant/defense attorney

concurrent sentences

one or more sentences imposed at the same time and served simultaneously

consecutive sentences

one or more sentences imposed at the same time and served one after the other

good time

deduction of time awarded to incarcerated people for good behavior

• not offered in all jurisdictions

• when it is allowed, it is handled differently in each place

sentencing options

• diversionary programs

• fines

• probation

• intermediate sanctions

• incarcerated

• death penalty

indeterminate sentencing

• establishes sentence range

• The sentence should meet the individual needs of the offender

• criticized for creating sentencing disparities and shifting sentencing discretion from judges to parole boards

• more than 30 states use this model

determinate sentencing

• offender is sentenced to a definite term

  • flat-time

  • mandatory

  • presumptive

• 12 states have implemented determinate sentence reform

structured sentences

• regulate sentence length and limit judicial discretion

• about 20 states and the federal government utilize sentencing guidelines

presumptive sentencing

process in which the legislature sets the penalties for criminal acts

the federal sentencing guidelines were a result of what act?

the comprehensive crime control act and the sentencing reform act

federal sentencing guidelines

• abolished federal parole

• created the united states sentencing commission

• judges had to justify deviations from sentencing guidelines

three strikes law

require harsher sentences without parole for those convicted of a third or higher-order felony

truth-in-sentencing

• laws that require offenders to serve a substantial portion of their imposed sentence and reduce discrepancies in the actual time served in prison

• federal incentive grant requires 85% of the sentence to be served

____ of those convicted of a felony are sentenced to incarceration in state prison or jail, compared to the ____ of those convicted of a misdemeanor

75%, 56%

1 in 4 felony convictions and 1 in 3 misdemeanor convictions resulted in probation

true

legal factors affecting sentencing

• severity of offense

• offenders prior record

• offenders use of a weapon

• offenders use of violence

• crime committed for money

nonlegal factors affecting sentencing

• contextual factors

• social class

• gender

• age

• victim characteristics