Dealing With The Guilty Offender

Question 1

Name the two types of incapacitation:

Answer 1

Collective
Selective

(Collective incapacitation refers to sentencing laws which are specific to the crime committed; selective incapacitation involves the use of physical restraint.)

Question 2

Which method of incarceration involves the use of physical restraint?

Answer 2

Selective incapacitation

(The purpose of selective incapacitation is to prevent a SPECIFIC person from committing a crime. It is implemented on the basis that the person will engage in the crime unless they are physically restrained. It is not used as an umbrella approach to preventing crime.)

Question 3

Which method of incarceration relies on sentencing laws to discourage the crime from happening?

Answer 3

Collective incapacitation

(This is to stop a SPECIFIC CRIME from occurring and is used as a general approach to crime prevention.)

Question 4

Incapacitation always requires some sort of physical threat to the incarcerated person. True or false?

Answer 4

False

(Sometimes physical restraint is used on a specific person (selective incapacitation) but a lot of the time incapacitation just means to imprison or isolate offenders from society so they literally cannot commit the crime.)

Question 5

The belief of ‘do the crime, do the time’ comes from:

Answer 5

Retributive justice

Question 6

The idea of ‘preventative punishment’ comes from:

Answer 6

Deterrant sentencing

(An important distinction to make is that deterrence is not used as rehabilitation, but rather discouragement; less about repairing balance to the community after crime , but preventing the offender from doing it in the first place.)

Question 7

Which approach to criminal justice is most effective in decreasing recidivism (re-offending)?

Answer 7

Restorative justice

(Restorative justice focuses on

Question 8

Name the most popular and empirically-supported approach to rehabilitation:

Answer 8

Cognitive behavioural therapy (CBT)

Question 9

Criminal justice that focuses on re-establishing relationships between the offender and other parties involved is:

Answer 9

Restorative justice

Question 10

A Ngāti Porou man is referred to the indigenous court after committing a number of drug-related offences. Name the goal of incarceration here:

Answer 10

Restorative justice

(Most indigenous and marae-based approaches to criminal justice fall under this category, as tikanga Māori focuses heavily on reintegration and accountability instead of punishment. )

Question 11

Male offenders are less likely to be sentenced than women. True or false?

Answer 11

False.

(Men and black offenders are 50% more likely to be sentenced than any other group.)

Question 12

The death penalty is good as a ____ deterrant, but not as a ____ deterrant: (specific, collective)

Answer 12

Specific; collective.

Question 13

To be a “death qualified” juror, one must not be morally opposed to the death penalty, but also realises that it shouldn’t be used in every scenario. They also have two decisions to make: guilty or not guilty, and:

Answer 13

Death penalty or no death penalty

Question 14

People tend to prefer alternative methods of justice over the death penalty. True or false?

Answer 14

False

(Fitzgerald & Ellsworth (1984) found that 64% of people actually supported the death penalty, over 17% of people who did not.)

Question 15

Jurors may be “death qualified” or:

Answer 15

Excludable

Question 16

If jurors do not understand the instructions given to them, they are more likely to use what type of information processing to guide their decision making?

Answer 16

Peripheral

(E.g. race, gender, sympathy for the victim)

Question 17

Depraved homicides, vulnerable victims and procurement by payment are examples of:

Answer 17

Aggravating factors

Question 18

Impaired capacity, duress, remorse and childhood abuse/neglect are examples of:

Answer 18

Mitigating factors