CJ Exam 4

general trend in the criminal justice system regarding the treatment of serious offenders

The system reflects mostly leniency and rarely severity.

What are some reasons cases involving serious offenders may not be prosecuted?

Cases may be dismissed for triviality, lack of evidence, or characteristics of victims and witnesses.

What is the typical lowest level sanction used for offenders?

The lowest level sanction is usually used, with additional time added for violations before revocation.

How do punishment processes for offenders resemble a ladder?

They involve incrementally more severity and conditions.

What issue exists regarding coordination among criminal justice entities?

There is poor coordination between police, probation, parole, and corrections, often compounded across jurisdictions.

historical practice regarding sentencing affected many states

Many states have had little truth-in-sentencing, where sentences were routinely reduced by 50%.

serious offender preferences regarding sentencing

Serious offenders often prefer confinement and serving their sentence to expiration.

Community corrections/intermediate sanctions

Less restrictive and inexpensive in terms of costs and supervision.

Probation and parole statistics

70% of people under correctional supervision are on probation or parole.

Goals of community corrections

To protect the community and help rehabilitate offenders.

Cost per correctional client: Prisoner

$25,000.

Cost per correctional client: Parolee

$3,000.

Cost per correctional client: Probationer

$1,000.

Net widening

The growing of the correctional population with the proliferation of community corrections and intermediate sanctions.

Technical violation

Many violations are tolerated before an offender is revoked.

Deferred prosecution

Guilty plea with a term of compliance; if successfully completed, conviction is expunged.

Fines in criminal justice

Almost always used as a supplemental penalty for some other intermediate sanction.

Community service

Provides public good and can be meaningful for clients.

Boot camps

High failure rates despite self-evident popularity.

Home arrest and electronic monitoring

Used primarily for DUI and minor property offenders.

Day reporting

Used to baby-sit low-risk, high recidivism offender groups.

Intensive supervised probation (ISP)

Final opportunity for high-risk offenders before prison.

Probation decision-making

Made at local level by judges.

National average probation caseload

175:1.

Parole decision-making

Made by legally designated paroling authority.

National average parole caseload

70:1.

Recidivism rates for parolees

Within 3 years, about 70% of parolees are re-arrested.

Parole and prison reentry

Blend of confinement and community-based supervision.

Life without parole

Means that an offender must serve a minimum number of years before being eligible for parole.

Expiration of a sentence

When offenders serve their sentence to expiration and have no supervision.

Historical evolution of prisons

Evolved from outright brutality to more humane approaches.

William Penn and the Pennsylvania System

Outlawed torture and emphasized solitary confinement for penitence.

The Auburn (New York) System

Based on fear of punishment and silence with a tier system.

Positive aspects of prison

Incapacitating a violent offender increases public safety.

Negative aspects of prison

Collateral costs and consequences for the inmate's family.

What are prisons critiqued for?

Prisons are critiqued from both crime control and due process perspectives.

What was the Pennsylvania System's view on prison?

The Pennsylvania System viewed prison as an opportunity for the offender to be redeemed through isolation, work, prayer, and strict social control.

How did the Auburn System differ from the Pennsylvania System?

The Auburn System allowed inmates to congregate for work during the day.

What was the historical purpose of solitary confinement?

Solitary confinement was historically not a punishment but a means to be penitent.

What do prisons reflect?

Prisons generally reflect the social conditions of the era, the degree of public leniency and punitiveness.

What do deprivation theorists assert about prison conditions?

Deprivation theorists assert that prison conditions cause inmate behavior.

What do importation theorists assert about inmate behavior?

Importation theorists assert that inmate characteristics influence behavior.

How many people are held in correctional facilities in the United States?

More than 2.4 million people are held in a variety of correctional facilities.

What is notable about crime and imprisonment among racial and ethnic minorities?

Racial and ethnic minorities, such as African Americans and Hispanics, commit crime and are imprisoned at levels disproportionate to their numbers in the general population.

What is the truth-in-sentencing mandate?

The federal and many state correctional systems mandate that the most serious criminals serve at least 85% of their sentence.

What services do average prisons provide?

The average prison provides educational and vocational training as well as several types of treatment.

What are collateral costs of prison?

Prison creates collateral costs, such as damaging family and work networks in communities from which inmates originate.

What is the criminality of prisoners based on?

The criminality of prisoners is extremely high based on their criminal histories, institutional misconduct, and post-release recidivism rates.

Deterrence

Executing an offender sends a message to other violent offenders.

Retribution

To gain revenge on the wrongdoer.

Incapacitation

To remove the offender from society before killing him.

Durkheimian

Killing heinous offenders reaffirms the morality of the community.

Religious or moral objections

Opposition to capital punishment based on religious or ethical beliefs.

Brutalization

Reduces society to the level of worse criminals.

8th Amendment

Excessive bail should not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Furman v. Georgia (1972)

The court held that the arbitrary and capricious imposition of the death penalty violated the 8th amendment.

Gregg v. Georgia (1976)

The court held that the death penalty was constitutional if specific aggravating circumstances were considered.

Coker v. Georgia (1977)

The court held that the death penalty for the crime of rape of an adult female is unconstitutional.

Kennedy v. Louisiana (2008)

The court held that the death penalty for the rape of a child is unconstitutional.

Atkins v. Virginia (2002)

The court categorically exempted those with intellectual disability from the death penalty.

Roper v. Simmons (2005)

The court categorically exempted juveniles from the death penalty.

Lethal injection

Consists of lethal doses of an anesthetic, a barbiturate to stop respiration, and a toxic agent to induce cardiac arrest.

Glossip v. Gross (2015)

Approved the use of lethal injection with a 5-4 ruling.

Repeal of death penalty

Since 2009, New Mexico, Maryland, and Connecticut have repealed the death penalty.

California 2016 election

Voted to retain capital punishment and approved policies to expedite executions.

Condemned offenders

About 10% have previously been convicted of homicide.

Capital punishment limitations

Essentially limited to predatory offenders who perpetrate murder, kidnapping, rape, armed robbery, and offenses against children.

Psychopathy prevalence

Very high among capital offenders, including sexual sadism, pedophilia, and ASPD.