Psych 401 Final UW Madison

US incarceration rate

716 per 100,000 people, highest in the world, Louisiana has the highest, relies on punishment and retribution

Empires:

better physical infrastructure (transportation, sanitation, water, energy) = more productive people = more money

Social infrastructure:

- Education: last in math, below average in reading and science

- Health care: highest spending on health, but health care costs the most

- Life expectancy: lowest life expectancy

- Paid sick/paternity leave/paid vacation: no parental leave, unpaid sick leave, no paid vacation

President Truman's 1947 legislative proposals:

universal health care, free college tuition, paid parental leave, paid sick leave

Social contract

individuals give up some of their liberty in exchange for the government providing security as well as benefits like physical infrastructure, police and firemen, business and money support

U.S. Constitution

social agreement, some freedom lost for common good. Protects rights, prevents abuse

Bill of Rights

first 10 amendments, requires due process, individuals have liberty interests that must be balanced, bans cruel and unusual punishment, bans double jeopardy (can't be tried twice for the same crime)

Substantive vs. Procedural

substantive defines or creates rights, procedural provides the steps to follow

Federal laws

overarches state sovereignty, bill of rights makes clear what federal laws must protect (check and balance)

Administrative Regulations (codes):

rules or directives created by governmental agencies to implement and enforce laws.

Case law (common law):

Case law is a collection of legal precedents and interpretations of the law that are established by judicial decisions, rather than legislation, common law based largely on traditions, customs, rules, and cases developed over time

Constitutional principles

the government should only be able to interfere with people's lives if it needs to

State courts

general jurisdiction, cases not specifically selected for federal courts. States retain power, 90% of cases heard at state level

Federal courts

limited jurisdiction because of fear of threatening independences of states, ex: crimes that violate federal law, civil cases based on federal laws, interstate commerce, violation of bill of rights, controversy between states, international cases, etc

Supreme courts (State and Federal):

decide whether laws are allowable under constitution, judicial review. Cases go to supreme court on appeal. Cases chosen through writ of Certiorari

Types of litigation

criminal, civil (tort), civil (others)

Stare decisis

"let the decision stand" "judge made law" based on precedent

Due process:

government can only intervene when they have a legit reason. Procedural due process refers to way the government enforces laws (think Miranda v. Arizona). Substantive due process refers to the substance of the behavior subject to regulation or a law (think Griswold v. Conn or Lawrence v. Texas)

Liberty interests

a person's right to do or not do things as they choose, without interference from the government or others.

"Rule of Law"

a principle that states everyone, including leaders, must follow the same laws

Jail

jails hold people while awaiting trial and may hold people serving short sentences

Prison

where people serve sentences for state crimes, federal prisons are where people serve sentences for federal crimes

Felony

a serious crime

Misdemeanor

a minor wrongdoing

Police power

power to pass laws, enforce them, and punish violators

Parens patriae

state has a duty to protect citizens

Punishment

deliberate infliction of harm onto another person

Purpose of punishment

Establish power of the government / legitimacy of the law, Deter crime, Retribution

stacking charges

charging multiple crimes for one incident

President Nixon's "War on Drugs":

Political Need for Tough on Crime (gets votes), example of a moral panic

Punishment myths

humane, reserved for the deserving, makes us safer

Probation v Parole

probation is a court ordered alternative to incarceration, parole is granted after an offender served a portion of their prison sentence

General v specific deterrence

specific deters a specific person, general deters a population

Actus rea

bad act

Mens rea

criminal intent

Moral reasoning

we rationally decide what is moral and not moral based on the harm the behavior caused

Confirmation bias

a mental shortcut, people tend to seek information that supports previous judgments and discounts information that conflicts

Implicit bias

African Americans account for 56.4% of LWOP, 1 in 3 black men expected to do time, 70% of school related arrests, are killed by police 3x more than white suspects

myth of evil

acts that involve death tend to make us attribute greater culpability, we are more likely to see acts as "evil" and the actors as "evil" people, evil is not like us, harming evil is a moral imperative

Free will

people make their own choices

Forgiveness Therapy elements:

1. Recognition and expression. 2.Decision phase. 3. Commitment. 4.Cognitive reframing phase. 5.deepening/meaning phase

Effectiveness of Forgiveness Therapy

improves depression, anger, stress, and overall positive affect

Punishment in the US

5% of worlds population, 25% of worlds prisoners