Chapter 4-6

Contemporary Punishment

The Purpose of Corrections

  • Corrections Definition: A system comprised of institutions designed to implement criminal sanctions.

  • Relationship with Crime and Punishment:

    • Corrections and criminal sanctions reflect various approaches to punishment.

Traditional Goals of Punishment

  1. Retribution:

    • Definition: The belief that punishment is warranted and should be commensurate with the severity of the offense.

    • Principle: The notion that offenders deserve to be punished for their wrongdoings.

  2. Deterrence:

    • Definition: The use of punishment to discourage individuals from committing future crimes.

    • Types of Deterrence:

      • Specific Deterrence: Targets individual offenders to prevent them from re-offending.

      • General Deterrence: Aims to dissuade the general public from engaging in criminal behavior.

  3. Incapacitation:

    • Definition: The removal of offenders' ability to commit further crimes.

    • Method: Often enacted through imprisonment or other forms of confinement.

    • Selective Incapacitation: A strategy focusing on identifying and incapacitating high-risk offenders.

  4. Rehabilitation:

    • Definition: The objective of restoring offenders' capacity to follow societal norms and laws.

    • Aim: To reintegrate individuals into society as law-abiding citizens.

Forms of Criminal Sanction

  • Types of Sanctions:

    • Probation

    • Intermediate sanctions

    • Incarceration

    • Death penalty

  • Judicial Discretion: Judges exercise discretion to determine sanctions within the boundaries set by penal codes.

  • Variations in Incarceration:

    • Types of incarceration include Jail, Prison, Boot Camp.

  • Other Punishments: May include restitution, fines, community service, day reporting, etc.

    • Examples of combinations:

    • Probation: Often combined with other sanctions such as substance abuse treatment or electronic monitoring.

    • Community Alternatives: Options include halfway houses and house arrest.

The Sentencing Process

  • Legal Framework:

    • In Western criminal law, the sentencing process consists of three phases: offense, guilt, and punishment.

    • The judge imposes a sentence adhering to the penal code legislated by the legislature while also having the mandate for discretion.

  • Court Context:

    • Distinction made between lower courts (for misdemeanors) and higher courts (for felonies).

  • Post-conviction Procedures:

    • Presentence report and sentencing guidelines (either voluntary or presumptive) are utilized.

  • Issues in Sentencing:

    • Highlighted issues include disparities in sentencing and the occurrences of wrongful convictions.

Restorative Justice in Jamaica

  • Cultural Shift Needed: Emphasizes a need for a transition from violent responses to conflict to community reconciliation and empowerment.

  • Definition of Restorative Justice (RJ):

    • A strategy to facilitate conflict resolution and make amends for wrongs, aiming to address systemic issues of efficiency and legitimacy in the justice system.

  • Objectives of RJ:

    • Promote community reconciliation.

    • Address the efficiency of the justice system in handling case backlogs.

    • Ensure fair treatment for all individuals within the system.

CSJP Community Survey 2017: Support for RJ

  • Survey Results:

    • Graphical representation of support levels for restorative justice related to various crimes including:

    • Family violence

    • Burglary

    • Malicious destruction of property

    • Theft, robbery,

    • Crime stats ranging from minor (theft) to serious offenses (murder, kidnapping).

Mapping Charges in KMA (2017)

  • Total Charges: 12,252 charges recorded.

  • Specific categories and their numbers:

    • Malicious destruction of property: 338 cases

    • Larceny: 492 cases

  • Disposition of Charges:

    • Active, disposed, and inactive statuses with percentages showing progression through the system.

Case File Review: Tower Hill RJ Center

  • Cases Overview:

    • Case ingestion dates range from July to October.

    • Areas affected include communities such as Waterhouse and Denham Town.

    • Various harms and threats recorded, including property damage and personal threats.

    • Interview counts and additional activities noted, significant agreements reached highlighted.

Incarceration Statistics

  • Scope of Supervision: Approximately 6.9 million individuals under correctional supervision in the US; about one-third are in prisons or jails.

  • Types of Sentences:

    • Difference between determinate and indeterminate sentences is crucial for understanding incarceration structures.

  • Policy Elements:

    • Mandatory sentences and specific time served requirements noted.

Newark's Youth Court

  • Link: Newark Youth Court

  • Concept: Focus on introspection rather than punitive measures for youth offenders.

Probation

  • Definition: The most common form of criminal sanction, impacting 57% of individuals under criminal justice supervision.

  • Characteristics:

    • Community-based supervision subject to strict conditions.

    • Risk of revocation leading to prison.

    • Split sentences are sometimes employed, where part of the sentence is served in prison followed by probation.

Intermediate Sanctions

  • Definition: A broad range of punishments less restrictive than incarceration but still holding offenders accountable.

  • Examples:

    • Intensive probation

    • Home confinement

    • Boot camps

    • Community service

  • Purpose: Aimed at cost-effectivity and potential for combination with other sanctions.

Death Penalty

  • Statistics:

    • Over 3,000 individuals awaiting execution; more than 1,400 executed since 1976.

  • Controversies:

    • The debated nature of the death penalty, its effectiveness in deterrence, and broader implications.

    • Issues surrounding moratoriums on executions and ethical discussions about capital punishment.

Sentencing Practices Research

  • Data Types:

    • Primary data involves state criminal codes, while secondary data analyzes trends in aspects such as punitiveness and coverage.

Diverse Sentencing Practices by State

  • State Examples:

    • Differentiation by state includes New Jersey (NJ), New York (NY), Michigan (MI), Ohio (OH), California (CA), and Pennsylvania (PA).

  • Classification: Determinacy, structure, and types of sentencing (indeterminate, mixed).

Case Studies

Case 1: Roy Smith
  • Offense: Found guilty of severely injuring cats, leading to euthanasia.

Case 2: Chad Dauman
  • Incident: Assault and severe injury caused to an individual during a conflict, resulting in significant testimony regarding life impact.

Case 3: David Nicks
  • Abuse Case: Documented extreme neglect and abuse of an elderly individual by a family member, with judicial note on lack of remorse.

Case 4: Keith Fagan
  • Robbery Incident: Armed robbery of individuals using the threat of a weapon; prior criminal history factored into proceedings.