corrections exam 2

Sentencing:

The judicial determination of a punishment for a convicted offender

Sentence:

The specific penalty imposed (e.g., prison, probation, fine).

Court system sequence of events

Arrest → Initial appearance → Preliminary hearing → Grand jury/Information → Arraignment → Trial → Conviction/Acquittal → Sentencing → Appeal → Corrections.

Justice

Fair and equal treatment under the law.

Factors:

Due process, proportionality, equality, equity, and individual rights.

Types of incarcerative sentences

Indeterminate: Range of time (e.g., 5-10 years), parole board decides release.
Determinate: Fixed term; no parole.
Truth-in-sentencing: Must serve most of sentence (often 85%).
Mandatory minimums: Required minimum term set by law.
Habitual offender statutes: Harsher penalties for repeat offenders ("three strikes").
Concurrent: Sentences served at the same time.
Consecutive: Sentences served one after another.

Alternative sentences

Probation: Supervised release instead of incarceration.
Shock incarceration: Short jail term followed by probation.
Split sentence: Part jail, part probation.

Courtroom workgroup and roles

Judge: Oversees court, imposes sentences, ensures fairness.
Prosecutor: Represents the state, proves guilt.
Defense attorney: Protects defendant's rights, challenges evidence.
Legislator: Creates sentencing laws and guidelines.

Plea bargaining:

An agreement where the defendant pleads guilty to a lesser charge or sentence.
Types:
Charge bargaining (reduce the charge)
Sentence bargaining (reduce sentence)
Count bargaining (drop other charges)

Pros and cons of plea bargaining

Pros: Reduces caseload, saves time/money, ensures some punishment.
Cons: May pressure innocent defendants, lessens transparency, inconsistent outcomes.

Trial penalty

Harsher sentence for defendants who go to trial instead of pleading guilty

Problems and recommendations (trial penalty)

Problems: Coerces guilty pleas, undermines the right to trial.
Recommendations: Greater transparency, oversight, and standardized plea policies.

Which justifications of punishment does each type of sentence fall under

Indeterminate: Rehabilitation.
Determinate/Truth-in-sentencing: Retribution, deterrence.
Mandatory minimums/Habitual offender: Incapacitation, deterrence.

Victim impact statements

Statements by victims at sentencing describing harm caused.
Effectiveness: Gives victims a voice; limited influence on actual sentence.

Sentencing disparity

Unequal sentences for similar crimes due to bias, discretion, or location

Presentence investigation report (PSI)

Prepared by a probation officer; includes background, criminal history, and victim info; helps the judge decide sentence.

How sentencing guidelines work

Structured ranges for offenses, based on severity and criminal history, aim to reduce disparity.

History of jails

Originated in England; first U.S. jail in Philadelphia (Walnut Street Jail, 1790)

Who runs jails and why it's a problem

Typically run by local sheriffs, issues = limited funding, overcrowding, and inconsistent standards.

Statistics on jails

Mostly pretrial detainees; majority male; increasing female population

Booking process

Identification, fingerprints, photos, inventory, health screening, classification

Trends in jails

Rising populations of women, minorities, and the mentally ill.
Emphasis on pretrial diversion and treatment programs.

Two purposes of jails

Detention: Hold pretrial offenders.
Punishment: Short-term sentences (<1 year).
More prevalent: Detention.

Characteristics of jails

Short-term, overcrowded, high turnover, diverse populations.

Jail statistics

~745,000 inmates; ~65% awaiting trial; 12% female; 47% White, 35% Black, 15% Hispanic.

Reasons for the jail population increase

"Tough on crime" laws, drug war policies, mandatory sentencing, and limited diversion programs.

Special populations and issues in jails

Mentally ill: Lack of treatment, risk of abuse.
Juveniles: Safety, isolation.
Women: Family separation, trauma history.
Elderly: Health care needs.

Definition of probation

Court-ordered community supervision instead of incarceration.

History of probation

Origin: England (judicial reprieve).
1840s: John Augustus (Boston cobbler) started reform-focused probation.
1925: National Probation Act established federal probation officers.

Statistics on probation

The most common correctional sentence is about 3.5-4 million under supervision in the U.S.

Definition of community corrections

Sanctions served in the community under supervision (probation, parole, halfway houses).

Goals of the Community Corrections Acts

Reduce prison overcrowding, save costs, promote rehabilitation, and local control of offenders.

Benefits and controversy of probation

Benefits: Cost-effective, keeps families intact, allows employment.
Controversy: Lenient perception, supervision inconsistencies.

Contrast effect

Punishment severity is judged relative to prior experience (e.g., jail vs. probation)

Probation officer role

Supervision, investigation (PSIs), case management, enforcement, support

Probation officer orientation and success

Law enforcement orientation: Focus on compliance.
Social work orientation: Focus on rehabilitation.
Success: Balancing both leads to reduced recidivism.

Ways to reduce recidivism

Graduated sanctions: Stepwise responses to violations.
Social bonds: Strengthen family/community ties.
Social capital: Build trust, employment, stability.

Types of intermediate sanctions

Fines, community service, intensive supervision, electronic monitoring, boot camps, halfway houses, and day reporting centers.