Chapter 26: Criminal Sanctions and Punishment Pt. 2 Flashcards
What are the different types of philosophies for criminal punishments?
(1) Retribution
(2) Incapacitation
(3) Deterrence
(4) Rehabilitation
What is the concept of retribution?
“eye for an eye”
How has retribution been modified for the mid 20th century?
accept the idea that some offenders may be less blameworthy or culpable due to factors outside of their control
Current approaches are based off of _________
retribution
________ is dominant in Western societies.
Retribution
Retribution is dominant in ________ societies.
Western
What are some major criticism of retribution?
(1) overly rigid
(2) lex talionis (eye for an eye) has limited applicability
(3) there is no public consensus on how serious a crime is
What is incapacitation?
designed to decrease the physical opportunity for a person to commit criminal acts
What are some examples of incapacitation?
- stocks
- electronic monitoring
- intensive supervision/probation
- incarceration
- breathalyzer machines in cars of convicted drunk driver
What is “selective incapacitation”?
based on the idea that significant gains in reducing crime may be achieved by the physical incapacitation of the most dangerous, chronic offenders
What is the concept of deterrence?
Crime reduction benefits from the threat of legal sanctions
Deterrence must be _______, _____, and _______
severe
swift
certain
Deterrence is most effective for?
(1) instrumental conduct
(2) potential offenders who have low commitment to deviance as a livelihood
What is the assumption made by deterrence?
assumes that individuals have free choice in seeking criminal or conventional solutions to their problems
What are the major types of deterrence?
(1) specific deterrence
(2) general deterrence
(3) marginal deterrence
(4) partial deterrence
Which type of deterrence is this:
concerned with the effectiveness of punishment on that particular individual’s future behavior
specific deterrence
Which type of deterrence is this:
recidivism rates are often used as measurements
specific deterrence
Which type of deterrence is this:
does punishment against one deter others from committing the same crime
general deterrence
Which type of deterrence is this:
a comparison of crime rates over time or across jurisdictions are used as measurement
general deterrence
Which type of deterrence is this:
focuses on the relative effectiveness of different types of punishments as either general or specific deterrents
marginal deterrence
Which type of deterrence is this:
situations in which the threat of sanction has some deterrent value even when it doesn’t lead to law-abiding behavior
partial deterrence
How have police breakdowns on speeders shown evidence of partial deterrence?
(1) the average motorist under the new law exceeded the speed limit by 5 miles
(2) the average motorist under the old law exceeds the speed limit by 10 miles per hour
What are the several basic factors that limit the effectiveness of criminal sanctions as a deterrent?
(1) persons often abide by laws or desist in criminal behavior for other reasons that legal reprimand
(2) neither swift nor certain punishment exists in most legal systems in the contemporary world
(3) severity of punishment is actually received by offenders is often far less than the penalty mandated by the law
Why is there less severity in punishment actually received by an offender?
could be due to things like:
- plea bargaining
- charge reductions
- jury nullifications
- executive clemency and pardons
- “good time” provisions
