Criminal Justice final

sentencing

the imposition of a criminal sanction on a person convicted of a crime

most sentences are made by

judges

_____ may be involved in some cases, especially where a death sentence is possible

juries

what do each of the 5 sentencing goals represent

a quasi-independent sentencing philosophy

what are the 5 sentencing goals

retribution, incapacitation, deterrence (general and specific) rehabilitation, restoration

retribution

a just deserts perspective that emphasizes taking revenge on a criminal perpetrator or group of offenders

incapacitation

the use of imprisionment or other means to reduce the likelihood that a particular offender will commit more crime

deterrence

a sentencing rationale that seeks to inhibit criminal behavior through punishment or the fear or punishment

general deterrence

seeks to prevent future crimes like the one for which the sentence is being imposed

specific deterrence

seeks to prevent a particular offender from engaging in repeat criminality

rehabilitation

the attempt to reform a criminal offender

restoration

a goal of sentencing that seeks to make the victim “whole again”

what are 2 forms of indeterminate sentencing

gain time and good time

gain time

the amount of time deducted from prison time on a given sentence as a consequence of participation in special projects or programs

good time

the amount of time deducted from prision time on a given sentence as a consequence of good behavior

when and what is the 3 strikes law

California 1994- supreme court has upheld three strikes convictions in the face of 8th amendment claims of cruel and unusal punishment

mandatory sentencing

a type of sentencing plan that allows no leeway in the imposition of a sentence for a person convicted of a crime

• does not allow for judicial discretion

diversion

the official suspension of criminal or juvenile proceedings against an alleged offender at any point after a recorded justice system intake but before entering of a judgement

crime rates are ___ but incarceration rates are ___

decreasing, increasing

the most dramatic result of the recent emphasis on the use of mandatory sentencing and other “get tough” policies is

the use of incarceration as a sentencing option

what is an innovation in sentencing used as crime reduction that is common

shaming strategies and discretionary sentencing

presentence sentencing

prior to the imposing sentence, judge may ask for information on convicted defendant’s background and the parole office will conduct a ___

what is the RNA

risk and needs assessment - the key driver behind many sentencing decisions

who is more likely to receive the traditional sanction of Imprisonment

offenders convicted of felonies in state court

what is the most extreme sentencing option

capital punishment

what act being passed resulted in the expanding of crimes punishable by death

USA Patriot Act

what is the second most-common method of imposing death

electrocution

what are the 6 main rationales for abolishing capital punishment

innocent people have been executed, lack of proven deterrence, arbitrariness, discrimination, expense, human life is sacred

when and what is the innocent protection act

(2004) provides federal funds to eliminate backlog of unanalyzed DNA samples

• not all claims of innocence are supported by DNA tests

what are the three retentionist arguments

just deserts, revenge, protection

what are justifications for the death penalty referred to as

retentionist position

just deserts

some people deserve to die for what they have done

revenge

survivors, victims, and the state are entitled to closure

protection

executed offenders cannot commit further crimes- least emotional but also weakest argument

probation

a sentence of imprisionment that is suspended and served while under supervision in the community

who is probation ordered by

the court

who was John Augustus and what did he do

was the first probation officer (boston, 1850)- led to probation widely used form of community supervision

when did the federal government and the states adopt probation

1925

what is the most common form of criminal sentencing in the US

probation

how many offenders under supervision are on probation

55%

how many people sentenced for a felony receive probation

27%

general probation conditions

apply to all probationers in a given jurisdiction

special probation conditions

may be mandated by the judge who feels that the probationer is in need of particular guidance or control

Parole

conditional supervised early release of inmates from correctional confinement

what kind of strategy is parole

prison reentry to the community from prison

probation

probationers general avoid incarceration

sentencing option available to a judge

sentencing strategy

parole

parolees have been incarcerated

administrave decision by paroling authority

correctional strategy

medical parole

early release option under which an inmate is deemed “low risk” due to a serious physical and mental health condition under normal circumstances (on increase)

conditions of parole

the general and specific limits imposed on an offender who is released on parole

similar to conditions of probation

parole violation

an act or failure to act by a parolee that does not conform to the conditions of parole

can lead to parole revocation and will then result in the parole being returned to prison

parole revocation

the administrative action of removing a person from parole in response to a violation of conditions and returning the parole to prison

restitution

a court requirement that an alleged or convicted offender pay money or provide services to the victim of the crime or provide services to the community

frequently included as a condition of parole

disadvantages of probation and parole

relative lack of punishment, increased risk to the community, increased social costs

griffin v. wisconsin (1987)

probation officers may search a probationer’s residence without a warrant or probable cause

what are the four main functions

presentence investigations, intake procedures, diagnosis and needs assessment, client supervision

intensive probation supervision

a form of probation supervision involving frequent face-to-face contact between the probationer and the probation officer

what is the strictest form of adult probation in the united states

Intensive probation supervision

are IPS programs effective

they are shown to be effective at reducing recitivisim

Second chance act

(2008) authorized $400 million in federal funds between 2008 and 2012 to assist offenders reentering the community.

what is the main purpose of the 2008 Second Chance Act

to reduce the number of parolees being returned to prison for technical violations

what is the primary purpose of probation

rehabilitation

what has the largest impact on reducing recidivism

treatment oriented intense supervision of offenders in the community

evidence based practices firmly established in

parole and probation

incarceration dates back to the

Middle ages

when and what was the Penitentiary Era

(1790) Pensylvania system used solitary confinement, bible study- emphasis on penace

• philosophy of rehabilitation, deterrence

when and what was The Mass Prison Era

(1825) Auburn system- congregate/silent system

philosophy of incapacitation, deterrence

congregate system cheaper than solitary system

When and what was the Reformatory Era

(1876) Indeterminate sentencing, earned early release

Elmira Reformatory

Philosophy of rehabilitation

When and what was the Industrial Era

(1890) Inmate labor, prison industries

Ashurst-Sumners Act ended prison industries

Philosophy of incapacitation, restoration

When and what was the Punitive Era

(1935) Prisoners owed a debt to society, paid through rigorous period of confinement

Emphasis on custody, institutional security

philosophy of retribution

when and what was the Treatment Era

(1945) Medical model of corrections

philosophy of rehabilitation

when and what was the Just Deserts Era

(1995) emphasis on individual responsibility

Get-tough initiatives

Philosophy of retribution, incapacitation, deterrence

The evidence based era

(2012) rational, science - based approach to corrections

philosophy of cost- effectove solutions to correctional issues

overcrowding

a major problem in many state and federal prisons despite new prison construction and decline in use of imprisonment

who has the most crowded prisons

the federal system

prison capacity

the size of the correctional population an institution can effectively hold

rated capacity

the number of inmates a prison can handle according to experts (yields highest capacities)

operational capacity

the number of inmates a prison can effectively accomodate based on management considerations

design capacity

the number of inmates a prison originally built to hold

shows highest amount of overcrowding

collective incapacitation

found in states that rely on predetermined or fixed sentences

selective incapacitation

seeks to identify the most dangerous criminals with the goal of removing them from society

assessment of dangerous is key

increased use due to state budget problems

maximum security

often massive old buildings with large populations

high fences, thick walls, gun towers etc

death row inmates all maximum- security prisoners

medium security

inmaates have more freedom to associate with eachother

less intense supervision than maximum security and smaller

what is the key tool of medium security

the count, taken at regular intervals

minimum security

inmates generally housed in dormlike settings

more freedom to move around the prison facility

may have private rooms

unarmed guards

the typical american prison today is

medium or minimum custody

what classification determines the institution an offender is placed in

internal or external

internal classification

determines housing and program assignment within that institution

what is the principle classification system

management tool to efficiently allocate scarce resources and minimum potential for violence/escape

what is the AIMS

Adult Internal Management System - assess inmate’s predatory potential using

record of misconduct

ability to follow staff directions

level of aggression toward other inmates

what are the 5 security levels

administrative maximum (ADMAX)

High Security (USPs)

Medium Security (FCIs)

Low security (FCIs)

Minimum Security (FPCs)

what are the administrative facilities

metropolitan detention centers (jails) and medical centers

jails

locally operated short-term confinement facilities - 1yr or less

purpose of jails

hold individuals for trial, conviction, sentencing

hold individuals for the military, protective custody, contempt of court

average annual housing of one inmate

over $14,500

most people processed through jails in the US are

members of minority groups

typical jail inmate characteristics

unmarried minority male between 25 and 34

what is the female population in jails

14% - largest growth group of individuals in jails nationwide

what are common problems faced by jailed women

lack of classification system for women

lack of facilities geared for female offenders

drug abuse

pregnancy

childsupport

jail industries

teach inmates marketable skills

regional jails

built and run using the combined resources of a variety of local jurisdictions