mass incarceration exam 1

iron law of prison population

# of prisoners x avg. length of stay= prison population

crime rates have gone down and imprisonment rates have gone up since the ________

1990's

3 phases or eras of incarceration

-1970's

-1980's

-1990's

1970's

general increase in commitments (courts toughen)

1980's

war on drugs (drug arrests and commitment rate increase)

1990's

longer sentences (tough on crime, mandatory minimum, 3 strikes)

UCR limitations

1) underreporting by victims and law enforcement agencies

2) only measures 7 index crimes

NCVS

- does not require reporting to or by law enforcement

- includes more crimes (ex: sexual assaults)

indeterminate sentencing

- universal from 1980's to 1990's (all 50 states +fed)

- still most common system (33 states)

main features of indeterminate sentencing

- judges have broad discretion (choose prison v. probation regardless of crime)

- release decision by parole board

- rehabilitation philosophy dominant (released when reformed, incentive to change)

major criticisms of indeterminate sentencing

- conservatives (judges and parole boards are too lenient, most serve little of sentence, doesn't rehabilitate or protect)

- liberals (punishment is arbitrary, judges and parole boards discriminate)

- SOLUTION: reduce discretion in the system

main features of determinate sentencing

-judge orders a specific term

-abolished discretionary "parole" (time served in prison is "determinate"

-main goals retribution and deterrence

criticisms of determinate sentencing

-judges still have too much discretion

-judges don't have enough discretion

-not enforceable in most states

pros of sentencing guidelines

-sentencing much more consistent

-reduced racial disparity

-helped limit growth in imprisonment

-insulate judges (somewhat)

cons of sentencing guidelines

-some too rigid

-excessive emphasis on criminal history

-"displacement of discretion" to prosecutor

crime seriousness & criminal history

sentencing grid bases on:

tough on crime

policies specifically designed to increase severity of punishment for certain crimes and offenders

Reform Wave 3

- "tough on crime" mid 1980s-1996

- all states and fed

what rationale did tough on crime emphasize?

"crime control"- incapacitation & deterrence

mandatory minimums

mandatory prison term for certain crimes and offenders

truth in sentencing

require a min % of sentence to be in prison

-intended to increase time served

federal crime bill (1994)

provided $$ for state prison construction if.. there was legislation in state that said violent offenders must serve 85%

what is the punishment imperative?

rationale for mass incarceration that focuses more on punishment

what produced the growth in incarceration since the 1970s?

policies and sentencing guidelines along with politics

why do Clear and Frost think the PI may be coming to an end?

- correctional strategies reduce rates of recidivism

- prisons have problems with inequality and reproduce injustice

- prison populations can be reduced without harming public safety

- public supports reform for prisoners released

how has punishment in the US changed since the 1970's?

retribution vs. rehabilitation and incarcerating more people

how does us incarceration rate compare with other nations?

highest in world

how does the increase in imprisonment differ by crime type?

lower level offenses increased

how is it related to place and race?

south had higher rates , black males, poor inner cities

what explains the growth in imprisonment, and how important is crime?

- policies and reforms/guidelines

- crime decreases but imprisonment increases so it's not that important

what is ideology?

unprovable sets of assumptions about the proper state of things

positivist school

- study of criminal determinism rather than free will

- criminals do not freely choose criminal behavior

conservative ideology

maintain social order

- protect society

liberal ideology

individual rights, equal opportunity, use of alternatives

retribution

punish because they have done something wrong

deterrence

prevent those who are punished from committing additional crimes in future(specific) or to deter others (General)

incapacitation

isolate high risk offenders in order to limit oppurtunities for committing

rehabilitation

reform the offender and reduce his propensity to commit crimes in future

restoration

repair harm to victim and comm to heal the victim and restore harmony