Criminal Justice: Test 4

retribution

deserve to be punished, “eye for an eye”

deterrence

preventing future behavior, general and specific

incapacitation

makes person unable to offend, incarceration, house arrest, death penalty

rehabilitation

exclusively focused on person and future, why did they commit the crime

restoration

restore imbalance created by the crime, focuses on the offender, victim and community

indeterminate sentences

criminal sentence with a range of years, such as 5 to 25 years, rather than a fixed term. The offender must serve a minimum period, but their actual release date is determined by a parole board based on their rehabilitation progress

determinate sentence

fixed prison term with a set end date, where a judge has limited discretion and must follow sentencing guidelines set by the legislature

mandatory sentence

shifts discretion of sentencing from judge to prosecution

penitentiary

a prison for people convicted of serious crimes, 1790s-1860s, force people into isolation to “repent”

Quaker/Pennslyvania system

opened in 1790 in phlidelphia, solitary confinement, reformation and mediation

The New York (Auburn) system

1890, congregate system (kept in confinement at night and work on project during day), harsh punishment, hard work, contact system (inmates build furniture for free)

positivist school

crime is not the result of free will, criminals must be treated, treatment must be individualized

crime control

determinate, mandatory sentencing, incarceration and risk containment, reinstitution of the death penalty

impetus

article written in the 70’s by Martinson, started the shift from rehabilitation to retribution, treatment has failed, prison officials are corrupt and the citizens are not safe

prison

state or federal, more than a year, judge sentences you

jail

county jurisdiction, spend time there temporarily (less than 60-90 days of before trial), temporary - no amenities, judge locks you up

medical model

rehabilitation model, individual program involving educational, medical, and psychological care, classification important

community model

community corrections, treatment in the community instead if in prison, increase opportunities to become productive citizens in the community

Ruffin v. Commonwealth (1871)

ruled prisoners have no rights

Cooper v. Pate (1964)

ruled prisoners have limited rights

community corrections

most criminal offenses are not serious enough to warrant incarceration, cheaper, many need support and supervision in the community

probation

happens INSTEAD of incarceration, offender monitored in community being monitored and following certain guidelines

parole

happens AFTER incarceration/prison, get out of prison early, offender in community being monitored and following certain guidelines

probation officers

policing role (write pre-sentence investigations: interview offender and victim, write a life history, supervise clients in community: check in on them, can put client into jail for up to 90 days) social worker role (helo clients find work, education, treatment, housing)

revocation

ending probation early, mess up or commit a new crime

technical violation

when a person on probation or parole violates a condition of their parole/probation that is NOT a new crime, violated their specific conditions

intermediate sanctions

low control punishments, punishments that are more restrictive than traditional probation but less severe than imprisonment, (house arrest, community service, boot camp, fines)

restitution

offender pays money, goes to victim, for quantifiable costs as a result of a crime

forfeiture

lose property as a result of a crime

day reporting center

ordered to report to a center/jail, “check-in” everyday, treatment, therapy, drug test, go to probation officer

correctional officers

not let anyone escape, search for contraband, take count of inmates, have the right to use reasonable amount of force, prevention of escapes

situational offender

confronted a problem requiring action, action violated criminal law, caught and given criminal status, until the time of offense was normal

career criminal

small group of offenders, frequent offenders

importation

street life being continued in prison, gangs

deprivation

violence occurs in prisons because inmates are deprived of safety

gleaning

taking advantage of all the positive prison has to offer

mandatory release

inmate serves entire sentence plus good time, mess up at all and have to go back

probation release

sent to jail for a week, then put on probation

expiration release

served everyday, no good time and no parole

huber

work and educational release, go to school during the day and back to prison at night

furloughs

inmate is released temporarily for a weekend, funerals, reward good behavior, nearing end of sentence

full pardon

complete forgiveness, crime still on record

conditional pardon

strings attached, released from prison but put on house arrest

commutation

death sentence, “commutated” to life in prison