Prisons and Jails Exam One (Day's 4 - 7)

Retribution

Punishment because the person deserves it (“an eye for an eye”)

Deterrence

Punishment to discourage future crime

Incapacitation

Physically preventing someone from commiting more crime (through incarceration or execution)

Rehabilitation

Trying to change behavior so the person does not reoffend (Goal : Restore individual back into society)

General Deterrence

Punishment of criminals is designed to set an example to the public so they can see and decide to not commit that crime

Specific Deterrence

Discouraging the same person from offending again (fears the same or worse punishment)

Intermediate Sanctions

Punishments that fall between regular probation and incarceration (fines, community service, home confinement, and intensive supervision)

Probation

The most frequently used criminal sanction in the US

Day Reporting

Person lives at home but regularly reports to a center for supervision, counseling, or drug testing

House arrest/Electronic monitoring

Person stays at home and wears a device that tracks location

Halfway House

A residential place used while transitioning from prison back into the community

Boot Camp

Short - term program using strict discipline, physical training, and military style rules

Indeterminate Sentencing

A minimum and maximum range is set, like 2 - 10 years. Correctional officials or parole boards have the most discretion over how long person actually serves.

Determinate Sentencing

A fixed term, like 10 years. The person is released when the sentence expires.

Mandatory Sentencing

A minimum term is automatically imposed for certain crimes, regardless of the circumstances or the offender’s background. This has the least discretion.

Judicial Discretion

Judges are responsible for the sentencing of offenders after a criminal conviction

• Judges can exercise discretion when sentencing

• Laws cannot account for every situation that reaches court

Concurrent Sentences

Sentences are served at the same time

Consecutive Sentences

Sentences are served one after another

Judicial Discretion Influence - Attitudes of the judge

Personal views, community pressure, practical effects of the sentence

Judicial Discretion Influence - Administrative Context

Example = Misdemeanor VS. Felony Court

Judicial Discretion Influence - Presentence Report

Offender background, criminal record, job status, mental health, substance abuse, risk scores

Judicial Discretion Influence - Sentencing Structure of the Jurisdiction

Such as indeterminate VS. determinate sentencing

When did major US prison population growth begin?

Early 1970’s

What was the US incarceration rate before the 1970’s?

About 100 prisoners per 100,000 residents

What happened to US corrections populations from 1980 - 2023?

Prison, jail, parole, and probation populations all increased dramatically

Which correctional population increased the most from 1980 - 2023?

Prisons - by 283%

What happened to crime before mass incarceration began?

Crime nearly doubled in the prior 15 years

What did the President’s Commission recommend?

Addressing causes of crime by improving disadvantaged neighborhoods, education, jobs, and inequality. Also recommended more justice system funding and innovation.

What happened to the recommendations from the President’s Commission?

They were largely ignored

What broader shift occurred instead?

A more punitive, offender - focused approach to crime

Three Major Factors that helped fuel the beginning of Mass Incarceration

• An initial increase in crime

• Growing skepticism toward rehabilitation - the idea that “nothing works”

• The President’s Commission recommendations being largely ignored

Why did the US shift away from indeterminate sentencing?

It was criticized as too lenient and as giving parole authorities too much discretion

What are sentencing guidelines?

Narrow sentencing ranges based on current offense and criminal history

Why were sentencing guidelines introduced?

To reduce sentencing disparities

What happened if a judge sentenced outside the guideline range?

Written justification was generally required

Did determinate sentencing alone cause mass incarceration?

No, it worked alongside the broader “get tough” punitive climate

What drove the Massive Prison Growth Stage #1?

More offenders sent to prison, especially low level offenders, as probation was restricted

What drove the Massive Prison Growth Stage #2?

War on Drugs policies and harsher punishment for drug offenders

What drove the Massive Prison Growth Stage #3?

Longer prison stays, especially for violent and repeat offenders

What policy is strongly linked to Prison Growth Stage #3?

Mandatory sentencing and Three Strikes Laws

What are the Three - Strikes Laws?

Laws imposing lengthy sentences after a third felony conviction