crime and public policy exam 2 review

What are the goals of punishment?

deter (specific and individual), retribution (eye for an eye), rehabilitation, incapacitation (separation from society) , restorative justice

intermediate sentences

sentencing with a range (10-15 years), parole decides release, judge discretion, individualized sentencing

determinate sentences

fixed sentencing (10 years), no parole board discretion, limits judges

How do sentencing guidelines impact discretion?

they restrict judges by giving recommended ranges

How do guidelines impact actual sentences?

they make sentences more uniform and predictable.

Explain why the shift occurred from indeterminate to determinate sentencing in the mid-
1970s.

People thought parole caused unfairness, bias, and inconsistency. Wanted more uniform sentences.

How do sentencing guidelines work

A grid using offense severity (first degree going to prison, second degree might go to prison, third/fourth degree not going to prison) + criminal history to suggest a sentence range

Presumptive Guidelines

Judge must follow unless they explain why.

Voluntary Guidelines

Judge can ignore the guidelines.

Analyze the current trend in sentencing policy in the U.S

Slowly moving away from harsh mandatory laws, increasing rehab and alternatives.

What are the reasons that solitary confinement is used?

used to punish rule-breaking, control dangerous inmates, protect vulnerable inmates, and handle safety or management issues beyond just punishment

What are the problems with solitary confinement?

Severe mental damage, hallucinations, depression, suicide risk, increased violence

Is solitary confinement an effective disciplinary/punitive punishment for inmates?

no, makes inmates worse and does not reduce violence long term

Original purpose of solitary confinement

Reform inmates through quiet reflection

Current purpose of solitary confinement

Control, punishment, safety, not rehabilitation

What are some explanations for the reduced implementation of the death penalty?

Cost, wrongful convictions, other alternatives, rooted in violence

What is current state of knowledge on the deterrent effect of the death penalty

not effective, causes brutalization effect (for every execution there are 2-3 additional homicides one month later)

If the death penalty stays, how can it improve?

Reduce errors, better lawyers, faster appeals, reduce racial bias

What are problems that cause wrongful convictions?

Bad lawyers, false confessions, eyewitness mistakes, racism

Registration

requires sex offenders to provide certain information to law enforcement

Community Notification

requires law enforcement to somehow notify the public that a sex offender is living nearby

What are the constitutional issues with Megan’s Law?

ex post facto (punishment happens after the fact), double jeopardy (prosecuted twice for same punishment), cruel and unusual punishment, right to privacy

What are the problems surrounding registration / notification laws?

Too many people on the registry, hard to track, harms reintegration, doesn’t protect public from real offenders since victims usually know the offender

How have the rates in juvenile crime changed?

they have gone down since the 2000’s

Four D’s of Juvenile Justice

Diversion, Decriminalization, Deinstitutionalization,  Due process

Diversion

Sending youth to programs instead of court to keep them out of the system.

Decriminalization

Making something not a crime anymore

Deinstitutionalization

Keeping people out of locked facilities and treating them in the community

Due Process 

Making sure everyone gets fair treatment and legal rights in court

What is the notion of parens patriae? How has it changed over time?

state was to act on behalf of the parent in the interests of the child, in 1960’s the emphasis began to focus on a due process approach

How has juvenile justice changed over time?

Juvenile justice moved from a rehabilitation and “help the child” focus to a “get tough” approach, and is now shifting back toward rehabilitation again.

What are the types of waivers into the adult system?

judicial waivers, legislative waivers, and prosecutorial waivers.

Judicial waiver

A judge decides whether to send a juvenile’s case to adult court.

Legislative waiver

The law automatically requires certain serious crimes to be handled in adult court

Prosecutorial waiver

The prosecutor chooses whether to file the case in juvenile court or adult court.

What problems can occur with transferring juveniles to adult court?

leads to higher recidivism, more danger in adult prisons, less rehabilitation, and punishment that doesn’t match their developmental level.

In re Gault

Gave juveniles the right to due process, including a lawyer and notice of charges

Kent v. US

Said juveniles must get a hearing and legal rights before being transferred to adult court

In re Winship

Required that juvenile cases use the “beyond a reasonable doubt” standard of proof.

McKeiver v. PA

Ruled that juveniles do not have the right to a jury trial

Gregg v Georgia

reinstated the death penalty with new safeguards after Furman

Furman v Georgia

temporarily stopped the death penalty nationwide

Roper v Simmons

banned death penalty for juveniles

THE PURITAN PERIOD (1646-1824)

• View of Youth: Children seen as “mini adults” morally responsible for misbehavior.

• Policy Focus: Harsh punishment; obedience; strong family discipline.

• Crime Response: Criminalization of misbehavior; laws like “Stubborn Child Laws.

THE REFUGE PERIOD (1824-1899)

• View of Youth: Children viewed as needing guidance and structure.

• Policy Focus: Creation of houses of refuge (early youth institutions).

• Crime Response: Remove “dangerous” youth from corrupt environments; first move toward rehabilitation.

JUVENILE COURT PERIOD (1899-1960)

• View of Youth: Youth are different from adults and need treatment.

• Policy Focus: First juvenile court (Chicago, 1899). Informal hearings.

• Crime Response: Rehabilitation over punishment; judges act like “parents of the state.”

JUVENILE RIGHTS PERIOD (1960-1980)

• View of Youth: Youth deserve due process and constitutional rights.

• Policy Focus: Supreme Court cases like In re Gault gave juveniles rights (attorney, notice of charges, etc.).

• Crime Response: More legal protections; system becomes more formal.

CRIME CONTROL PERIOD (1980-
PRESENT)

• View of Youth: Concern about rising juvenile crime and “superpredators.”

• Policy Focus: Harsher punishments; more waivers to adult court; focus on public safety.

• Crime Response: Mandatory minimums, longer sentences, but recent trend shifting back to rehabilitation.

Restorative Justice Model

Pros: Helps victims heal, reduces reoffending, focuses on accountability, cheaper.

Cons: Not good for serious crimes, may seem too soft, victims might feel pressured.

Boot Camps

Pros: Cheap, structured, reduces overcrowding.

Cons: Don’t reduce recidivism, can be abusive, doesn’t address root causes.

Jailhouse Informants

Pros of abolishing: They lie for deals, cause wrongful convictions, unreliable.

Cons of abolishing: Helps solve tough cases, can reveal hidden confessions.

Bail Reform

Pros: Fair for poor people, cuts jail costs, reduces overcrowding.

Cons: Public safety fears, some might miss court, risk assessment bias.

Ending the Death Penalty

Pros: Risk of executing innocent people, expensive, biased, no proven deterrence

Cons: Feels like justice for severe crimes, closure for families, stops offender forever.

Mental Illness and Capital Punishment

For: Hard to measure illness, victims still deserve justice.

Against: Less responsibility, can’t understand punishment, inhumane

Sex Offender Registration

Pros: Alerts communities, helps police track offenders

Cons: Low re-offense rates, causes homelessness, false sense of safety, not effective

Eliminating Juvenile Justice System

Pros: harms poc, recidivism goes up with incarceration, alternatives like restorative justice , serious crimes still go to adult court

Cons: teens are less mature, loose support services like education/counseling/therapy, youth doesnt understand adult courts, adult prisons are more dangerous, focuses on rehabilitation