cjc 3010 exam 2

Penal Harm Model

A philosophy that advocates the idea that criminal punishment should be painful in order to deter and prevent crime. Popularized during the conservative era of the 1970s-1990s.

Penal Harm Model - Flaw

Emphasizing pain over rehabilitation can increase recidivism and reduce the chance of reintegration.

Just Deserts Model

A model asserting that offenders deserve punishment proportionate to the harm caused. Focuses on retribution rather than rehabilitation.

Just Deserts Model - Flaw

Ignores root causes of crime and offers no rehabilitative solution.

Medical Model of Corrections

A model that views criminal behavior as a sickness and emphasizes diagnosis, treatment, and rehabilitation of offenders.

Medical Model of Corrections - Flaw

Can lead to excessive control or indefinite treatment and overlook accountability.

Reintegration Model

A correctional approach focused on preparing inmates for reentry into the community through education, job training, and social skills.

Reintegration Model - Flaw

Often underfunded and lacks institutional support, making reintegration difficult.

Retribution

A theory of punishment where the offender is punished because they deserve it for the harm caused; punishment is justified as a moral response.

Retribution - Flaw

Doesn't aim to prevent future crime or address social inequality.

Deterrence

A theory of punishment aimed at discouraging criminal behavior in the offender (specific deterrence) and the general public (general deterrence).

Deterrence - Flaw

Assumes rationality; doesn't work well on impulsive or mentally ill offenders.

Incapacitation

A correctional goal focused on removing offenders from society to prevent them from committing further crimes.

Incapacitation - Flaw

Expensive and does not prevent crime by others in society.

Rehabilitation

A correctional goal centered on reforming the offender through treatment, education, and vocational programs to prevent future offenses.

Rehabilitation - Flaw

Effectiveness varies; success depends on resources and program quality.

Restorative Justice

A philosophy that emphasizes repairing the harm caused by crime through reconciliation between the victim, offender, and community.

Restorative Justice - Flaw

May not be appropriate or effective in all crimes, especially violent ones.

Classical School of Criminology

A school of thought that views individuals as rational beings who weigh costs and benefits before committing crimes; promotes swift, certain, and proportionate punishment.

Classical School of Criminology - Flaw

Overlooks social, psychological, and economic influences on behavior.

Positivist School of Criminology

A school of thought that attributes criminal behavior to biological, psychological, and social factors; emphasizes treatment and rehabilitation.

Positivist School of Criminology - Flaw

Can lead to discriminatory or deterministic policies.

Truth in Sentencing

Laws that require offenders to serve a substantial portion of their sentence (e.g., 85%) before being eligible for release.

Truth in Sentencing - Flaw

Reduces incentives for good behavior and increases prison overcrowding.

Determinate Sentencing

A fixed sentencing system where offenders receive a specific term of imprisonment without parole discretion.

Determinate Sentencing - Flaw

Limits individualized justice and judicial discretion.

Indeterminate Sentencing

A sentencing system where a judge imposes a minimum and maximum term, allowing parole boards discretion for release based on behavior and rehabilitation.

Indeterminate Sentencing - Flaw

Can lead to disparities and uncertainty in sentencing.

Mandatory Minimum Sentencing

Sentencing laws that require judges to impose a minimum number of years for specific crimes, limiting judicial discretion.

Mandatory Minimum Sentencing - Flaw

Contributes to mass incarceration and ignores case-specific factors.

Disparity in Sentencing

Inconsistencies in sentencing due to factors like race, class, or gender that are not legally relevant to the case.

Disparity in Sentencing - Flaw

Undermines trust in the justice system and fairness.

Sentencing Guidelines

Structured sentencing rules intended to reduce disparity and provide uniformity in criminal sentencing decisions.

Sentencing Guidelines - Flaw

Can still result in disparities and limit flexibility in unique cases.

Three Strikes Law

Laws that mandate a severe sentence (often life imprisonment) for offenders convicted of a third serious felony.

Three Strikes Law - Flaw

Can result in excessively harsh punishments for relatively minor third offenses.

Probation

A court-ordered period of supervision in the community, often in lieu of incarceration.

Probation - Flaw

High caseloads and lack of resources can reduce effectiveness.

Parole

The supervised early release of an inmate from prison based on good behavior and rehabilitative progress.

Parole - Flaw

Violations often lead to re-incarceration even for minor infractions.