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
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.
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.
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.
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.