chap 4 Flashcards
near the end of the 1800s what new beliefs emerged
beliefs about criminal responsibility and the desirability of designing punishment
Herbert Packer’s three elements of punishment. ONE.
An offense
Herbert Packer’s three elements of punishment. TWO.
The infliction of pain because of the offense
Herbert Packer’s three elements of punishment. THREE.
A dominant purpose that is neither to compensate someone injured by the offense nor to better the convicted person’s condition.
Retribution (Deserved Punishment)
punishment inflicted on a person who has violated a criminal law and so deserves to be punished.
retribution is similar to
“an eye for an eye, a tooth for a tooth”
retribution was used
during early civilizations
General deterrence vs specific deterrence
General deterrence is punishment that is intended for the general public.
specific deterrence is punishment that is inflicted on individuals
what are four goals of criminal sanctions in us?
retribution, deterrence, incapacitation, and rehabilitation
For deterrence to work, the punishment must be…
Fast
Certain
Severe
Incapacitation
depriving a person of the ability to commit crimes against society, usually by detaining the person in prison.
Historically, __ from a community was a primary form of incapacitation.
banishment
Selective incapacitation is ________.
a way to determine which individuals receive longer prison sentences
Rehabilitation
restoring a convicted person to a constructive place in society through some form of training or therapy.
Restoration is punishment that
addresses the needs of the community and the victim.
Three basic sentencing structures:
Indeterminate, determinate/presumptive, mandatory sentences
t/f The number of executions carried out annually in the United States has dropped steadily between 2009 and 2019.
true.
In 2009, there were 52 total executions.
In 2019, there were 22 total executions.
Factors that influence the sentencing process:
The administrative context of the courts, The attitudes and values of judges,
The presentence report,
Sentencing guidelines
Misdemeanor or lower courts
Have limited jurisdiction because they can normally impose prison sentences of less than one year.
90 % of cases happen in these courts
Felony courts
Sentencing decisions are shaped by relationships, debates (negotiations), and agreements
United States v. Booker
court ruled sentencing guidelines were discretionary, not mandatory.
ultimate method of incapacitation
Capital punishment
rehabilitative programs have challenged the idea that we really know how to reform people who break the law since ____
since the 1970s
the goal of rehabilitation was very big
the only serious issue was rehabing criminals during this time.
during the 1940-1970s
During the past decade, many people have called for
shifts away from punishment goals that focus either on the convicted person or the crime.
The restorative perspective views crime as
more than a violation of penal law.
requires that the community determine how best to communicate that nobody is above the law
Research suggests that _____programs can be effective.
restoration-oriented
In the United States, criminal sanctions include _________.
incarceration, intermediate sanctions, probation, and death
indeterminate sentences can be called
indefinite sentences
mandatory sentences can also be called
mandatory minimum sentences
t/f three-strikes laws have virtually no effect on violent crime.
true. Research shows that 3 strike laws have no effect.
Truth-in sentencing refers to
laws that require people to serve a substantial portion of their prison sentence before being released on parole
85% for violent crimes
An estimated ____ percent of adults under correctional supervision are on _____
55.5 percent, probation
shock probation
A sentence by which an individual is released after a short incarceration and resentenced to probation.
shock probation is also
split probation
invisible punishments
a variety of sanctions that are applied to convicted people that are not visible to the general public
Herbert Packer’s third element of punishment is for
preventing further offenses or to inflict what is thought to be deserved pain on the individuals who commit crime
Intermediate sanctions
They are a type of limitation placed on a convicted offender who is not incarcerated.
