Sentencing and Corrections Exam 1

Corrections

Network of agencies and practices carrying out criminal sentences through confinement, supervision, and rehabilitation.

System Perspective

Corrections as interdependent parts influenced by environment, feedback, and complexity.

Goals of Corrections

Fair punishment and community protection.

Federalism

System where state and federal governments divide responsibility for corrections.

Great Experiment in Social Control

Mass incarceration experiment showing large social costs and limited impact on crime.

Four Key Problems

Conflicting goals, inadequate funding, bureaucratic constraints, poor coordination.

Lex Talionis

Law of retaliation, punishment mirrors harm caused.

Wergild

Money paid to victim's family to compensate for wrong.

Benefit of Clergy

Right allowing offenders to claim clerical status to escape harsh punishment.

Bridewells

Houses of correction emphasizing labor and discipline.

Transportation

Exiling offenders to colonies for labor service.

Hulks

Decommissioned ships used to house convicts in poor conditions.

Corporal Punishment

Physical punishment (whipping, mutilation, branding).

Cesare Beccaria

Classical criminologist stressing certainty and swiftness of punishment over severity.

Jeremy Bentham

Philosopher promoting utilitarianism, hedonistic calculus, panopticon design.

John Howard

Prison reformer behind Penitentiary Act of 1779.

Penitentiary Act (1779)

Required secure, sanitary facilities, inspections, abolition of fees, and reform regimens.

Great Law

Quaker-inspired code in Pennsylvania emphasizing labor and limiting death penalty to premeditated murder.

Anglican Code

Early colonial law prescribing death for most felonies.

Walnut Street Jail

First true penitentiary in Philadelphia (1790).

Pennsylvania System

Total solitary confinement, reflection and repentance through isolation.

Auburn System

Congregate silent labor by day, solitary by night; contract labor system.

Convict Lease System

Southern practice leasing inmates to private contractors.

Elmira Reformatory

First reformatory emphasizing diagnosis, treatment, and indeterminate sentencing.

Progressives

Reformers emphasizing individualized treatment and social factors in crime.

Medical Model

View of crime as a disease requiring treatment (1920s-1950s).

Community Model

Correctional philosophy stressing reintegration and community-based programs (1960s-70s).

Crime Control Model

Shift in 1970s-1990s emphasizing deterrence, incapacitation, longer sentences.

Robert Martinson

Researcher who claimed 'Nothing Works' in rehabilitation (1974).

Retribution

Punishment based on desert; offenders get what they deserve.

Deterrence

Discouraging crime through threat of punishment.

General Deterrence

Punishing one offender to send message to society.

Specific Deterrence

Punishment aimed at discouraging the individual offender.

Incapacitation

Removing offender's ability to commit further crimes (e.g., imprisonment).

Selective Incapacitation

Targeting high-risk offenders for longer terms.

Rehabilitation

Restoring offender through treatment, education, and training.

Restoration

Restoration.

Indeterminate Sentence

Sentence with a range; release depends on rehabilitation progress.

Determinate Sentence

Fixed length of time imposed by court.

Mandatory Sentence

Law requiring minimum prison term for specific crimes.

Presumptive Sentence

Set guideline range judges must follow, with limited discretion.

Good Time

Credit toward reduced sentence for good behavior.

Truth-in-Sentencing

Laws requiring offenders to serve larger proportion of sentence.

Intermediate Sanctions

Alternatives to incarceration (fines, home confinement, boot camps, etc.).

Probation

Court-ordered supervision in the community with conditions.

Shock Probation

Short prison term followed by probation to shock offender into compliance.

Death Penalty

Capital punishment; ultimate sanction.

Invisible Punishments

Collateral consequences such as disenfranchisement, welfare denial, parental rights termination.

Sentencing Guidelines

Framework limiting judicial discretion; later made advisory (Booker, 2005).

Wrongful Convictions

Convictions of innocent persons; causes include eyewitness error, misconduct, false testimony.

Constitutions

Highest source of law; establish rights and limits.

Statutes

Laws passed by legislatures governing corrections.

Case Law

Judicial decisions setting precedent and interpretation.

Regulations

Rules from agencies guiding correctional practice.

Ruffin v. Commonwealth (1871)

Established hands-off doctrine; prisoners are slaves of the state.

Cooper v. Pate (1964)

Allowed inmates to sue under Civil Rights Act (§1983).

Habeas Corpus

Legal action challenging unlawful imprisonment.

Least Restrictive Means Test

Government must infringe rights minimally when pursuing legitimate goals.

Compelling State Interest Test

Restrictions valid only if tied to vital government interest.

Clear and Present Danger Test

Allows restrictions if rights pose immediate threat.

Turner v. Safley (1987)

Prison regulations valid if reasonably related to legitimate penological interests.

First Amendment Rights

Limited speech, religion rights in prison subject to Turner test.

Fourth Amendment Rights

Prisoners have reduced expectation of privacy.

Eighth Amendment

Prohibits cruel and unusual punishment; applies to conditions of confinement.

Totality of Conditions

Standard assessing whether overall prison conditions violate 8th Amendment.

Fourteenth Amendment

Guarantees due process and equal protection.

Disciplinary Due Process

Notice, evidence, impartial hearing, written record required for serious prison discipline.

Johnson v. California (2005)

Racial classifications in prison subject to strict scrutiny.

Deliberate Indifference

Standard requiring proof officials ignored known risks of harm.

Prison Litigation Reform Act (1996)

Restricted prisoner lawsuits; required exhaustion of remedies.

Parole

Conditional release under supervision; not a right.

Griffin v. Wisconsin (1987)

Allowed probation searches without warrants.

Morrissey v. Brewer (1972)

Set due process requirements for parole revocation.

Mempa v. Rhay (1967)

Guaranteed right to counsel at sentencing/probation revocation.

Monell v. Department of Social Services (1978)

Municipalities liable under §1983 for official customs or policies.