Dilemmas in Crim (exam 4)

What is Punishment?

Unpleasantness or pain administered by one in lawful authority in response to another’s transgression of law or rules.

What is Treatment?

Anything used to induce behavioral change with the goal of eliminating dysfunctional or deviant behavior and encouraging productive and normal behavior patterns.

Where does the rationale for punishment and correction come from?

The Social Contract

What are the goals of Corrections?

retribution, reform, incapacitation, deterrence, rehabilitation

What are some problematic issues of punishment?

What we do to punish someone can change from state to state or county to county.

What is Treatment Ethic?

The idea that all criminal acts were symptoms of underlying pathology. We address crime by trying to treat these. (EX: drug or alcohol abuse)

What are the 2 major justifications for punishment and treatment?

Retribution and Prevention

What is Retribution?

Individuals must be punished because they deserve it. The punishment needs to be equal to the crime (eye for eye). It is a balance.

With Retribution, why do we limit the amount of punishment one receives?

the benefit the offender got, the punishment needs to equal it, and make it balance out. The punishment matches the extremity of the crime.

In Retribution, what is the Justice Model?

Punishment is used for restitution (repayment) only.

In Retribution, what is the “Just Deserts” Model?

How much punishment one deserves is based on how likely they will do it again.

Currently, do we focus on punishment or treatment?

Punishment. We currently focus on Penal Harm. System is intentionally inflicting pain by losing civil liberties.

What is Prevention?

Finding ways to eliminate criminal behavior.

What are the 3 methods of Prevention?

Deterrence, Incapacitation, and Treatment.

What are the 2 types of deterrence, and describe what each means.

Specific- aiming deterrence for a specific individual from reoffending by giving them a punishment.

General- Deterring the population by using someone as an example/lesson, so that the community does not commit that crime.

True or False

There has been spikes in crime after a public execution.

True

What is Incapacitation?

In simple terms, putting someone in jail. It is taking away the opportunity to commit crime.

What is a “Habitual Felon Law”?

Laws that mandate harsher punishment for individuals who convict multiple felonies.

EX: 3 Strikes Law, Will lead to a life sentence after 3rd felony.

True or False

Habitual Felon Laws are typically not in place or utilized.

True

What are examples of Treatment?

Programming like education, job training, religious services, mental health, substance use.

In general things that are supposed to get offenders back on the right track. Typically good outcomes come from the treatments being voluntary.

What does the Utilitarianism Framework support?

deterrence, incapacitation, and treatment

With the Utilitarianism Framework, what happens when treatment and punishment are equal benefits to society?

It outweighs the negative effect of the offender.

If we modify their behavior, we can deter them from committing further crime and hurting society more.

Which view of punishment does the Ethical Formalism Framework support?

Retributive.

Criminals should be punished if they break the law.

Everyone should be punished the same and everyone should be treated the same if they break the law.

Which view of punishment does the Ethical Formalism Framework not support?

Treatment.

Technically uses the offender as a means to protect society.

An argument is made that if you force the offender to participate in drug treatment, you are using that person and the categorical imperative states you cannot use people.

Which view of punishment does the Ethics of Care Framework not support?

Punishment.

unless it is helping to make the offender a better person (supports treatment)

punishment alone is not making someone a better person

In the Ethics of Care Framework, is corrections system supported?

Yes, it does consider offenders needs with programs in place and treatment implimented.

In the Ethics of Care Framework, are community corrections supported?

Yes, it is thinking about needs of offenders.

It is the best way to support an offenders’ relationship with not only family and loved ones, but also the community.

What is the problem with the Rawlsian Ethics Framework?

It is not clear cut and we do not know how to know when things are balanced out.

What is the Rawlsian Ethics Framework?

A loss of rights should take place only when it is consistent with the best interests of the least advantaged.

When there is a shift in advantage the punishment should end, as it is like a rebalance.

When the advantage the offender got from commiting the crime goes down because of the punishment, the punishment is not needed anymore.

What does the 8th Amendment protect from?

Cruel and Unusual Punishment (Furman v. Georgia, 1972)

Why is it hard to determine what violates the 8th Amendment of Cruel and Unusual Punishment?

It is hard to determine what unusual is since it can be open to interpretation.

We have evolving standards of what is decent and what we think is humane.

fluctuates with societies views.

What kind of supervision does a Supermax Prison have?

24-hour isolation.

very little contact with officers and staff

It is like solitary confinement.

might have 1 hour in an outside cell as their break (23 in an inside cell)

What kinds of programs do Supermax Prisons have?

There are no programs in these types of programs.

What are some of the criticisms of Supermax Prisons?

• Conditions are not good at all, as they are meant to house the worst of the worst and the most violent criminals.

• The people that end up sent to these are just troublemakers that are not dangerous, but the correctional officers did not want to have to deal with them.

• They are very detrimental to mental health, as they can increase issues from lack of treatment.

• Correctional Officers also often cover up for each other so this can lead to ethical issues.

What is it like for the correctional officers in Supermax Prisons?

They also show signs of worsening mental health. They also have little alone time as there is not much interaction with the inmates.

How long are the lights on in Supermax Prisons?

24/7

The lights never turn off, so they have to try and sleep with the lights on.