Exam 3 Flashcards
Q1
What is the idea behind corporal punishment?
A common punishment to reprimand those who broke the law, typically causing pain and discomfort.
Was used before prisons were established
Q1
What is branding?
How was it used in the past, and is it used today?
A form of corporal punishment used on criminal offenders to remind them of their status in life.
On visible body parts to promote humiliation.
Still used in some parts of the world today to signify status within political, social, or religious reasons
Q1
What is a “shock death?”
Fake death sentence
To shock the offender
Q3
How were early colonial prisons in the US controlled?
Early penal institutions were under local control and did not seperate various types of offenders
Q3
What was the Quakers’ role in penal reform?
suggested that incarceration and hard labor were preferable to corporal punishment
Q4
What was Pennsylvania penitentiary system called, and the impact on inmates?
- Seperate-and-silent system
- Pennsylvania’s 1786 penal code allowed inmates to work on public projects while chained to cannonballs and dressed in brightly colored clothing.
- Early penal institutions were under local control and mixed types of offenders/genders/children and adults.
Q4
What was the New York penitentiary system called?
Congregate-and-silent
Q4
Did New York or Pennsylvania have a more intense isolation of inmates?
Pennsylvania
Q5
What type of sentence did Maconochie envision?
marks-of-commendation
Q6
How did conditional release, introduced by Crofton, work?
ticket-of-leave, a prisoner receives a ticket and is granted conditional release into the community where they are supervised by law enforcement of civilian personnel
Q7
How was Elmira’s reformatory three-grade program organized?
first grade:
- entrance; strict discipline and routine
second grade:
- good behavior promoted movement of grades; increased privilege and responsibilities; reward and incentive
third grade:
- continued good behavior promoted movement; highest level of privilege (significant autonomy, less regimen)
- prepared inmates for reintegration
Q8
What were the rationales for introducing inmate labour in 1900-1930s?
- work kept inmates occupied
- work was rehabilitative
- inmates could offset incarceration costs
Q9
What are the 5 pains of imprisonment?
Syke’s 5 pains of imprisonment
Loss/deprivation of:
1. Liberty
2. Goods and services
3. Autonomy
4. Heterosexual relationships
5. Security
Q10
What are the basic roles in the inmate subculture?
Centerman: willing to change, other prisoners resent
RATS AND CENTERMAN
-rats: follows rules too much and rats out other inmates
-centerman: too willingly obeys rules
GORILLAS AND MERCHANTS
-gorilla: takes what he wants through threat of force
-merchants: trade to get what they want
WOLVES, PUNKS
-wolves: plays masculine role in homo relations; uses force to threat of force to make other submit
-punk: weak inmate who id forced into sexual relations
BALL BUSTERS AND REAL MEN
-ball busters: give prison administration a hard time; defiant/disobedient; force guards to put up with them or punish them
-real men: respected by inmates; not subservient or aggressive; serves sentence with integrity
TOUGHS AND HIPSTERS
-toughs: uses violence for the sake of violence
-hipsters: bluffs and bullies inmates but never actually results in violence
Q11
What is one hypothetical solution to gang problem in CA corrections, and its ironic consequences in terms of return of seperate-and-silent system?
- unintentional reinforcement of the separate-and-silent system
- may inadvertently lead to a structured environment that limits inmate interactions
- charges of discrimination could be filed
- Too expensive to seperate entire gangs
Q12
What did Elizabeth Fry propose to change prison conditions for women?
- separate facilities for women
- improvements in living conditions
- education and rehabilitation
- religious and moral guidance
- support for families
Q13
What do we know about pseudofamily structure, activities, and future?
- Pseudofamilies usually form in womens prisons
- There is an exchange of resources
- Unlike male prisons, this is a flat heirarchy
- Structure- two parental roles/leaders, adopt sibling roles, share resources
- Future - disappearing because of changing inmate population, nature of offenses, sentence length and increased inmate access to actual family members
Q14
What is “hands-off doctrine” and is it still viable?
A dominated thinking about the U.S. correctional law which held that the law did not follow the convicted offenders into the prison.
The courts should not intervene in prison management
- it has evolved over time but is not as apparent
Q14
What was the outcome of Wolff v. McDonnel (1974)?
Inmates are allowed some due process.
Q15
How do occupations within prisons differ from those outside of prison (in terms of emotions and threats in the environment)?
Inside prison they are cautioned to be wary, emotionally distant, and suspicious of every request, motive and kindness offered to them by the inmate
Q16
What are the general functions of correctional officer?
- Human services
- Order maintenance
- Security
- Supervision
Q17
Based on the lecture, what is the impact of private prison on jobs, benefits, professionalism, tenure of public correctional officers?
jobs:
- competition
- variability in employment conditions
benefits:
- differences in benefits packages
- contractual differences
professionalism:
- training and development
- standards of conduct
tenure:
- job stability
- job turnover
Q18
What is “diversion” and what criminalogical theory insights justify it?
- offenders may be diverted to alternative programs at several points in the criminal justice system
- limit the number of people who enter the criminal justice system
- have the “net-widening” effect
- labeling theory
Q19
How is probation viewed by prosecutor, defense, the judge, politicians?
prosecutor:
- beneficial tool for rehab and reintigration
- can seem lenient
DA:
- favorable alternative: avoiding harsh conditions
- unfairly sentenced
judges:
- flexible
- skeptical
politicians:
- part of a broader criminal justice reform agenda
- can seem lenient
Q20
What are the 3 key functions of probation officer?
- investigation
- supervision
- service
Q21
How is ISP(Intensive Supervision Probation) differnt from usual probation?
- more contact with probation officers (unannounced job/home visits)
- may have to participate in home monitoring and drug and/or alcohol testing
- more likely to go to court for technical violations
- more likely to be required to maintain employment/training and do community service
- stricter curfews
Q22
What are the forms of intermediate sanctions?
- intensive-supervision probation
- drug testing
- house arrest and electronic monitoring
- fines
- shock probation
Q22
Why house arrest and fines can be economically attractive options?
house arrest: allows offenders to take advantage of community resources and save the state the cost of incarceration
fines: cost savings
Q23
How is probation different from parole?
- Probation occurs before and often instead of jail time. It is an alternative to incarceration. Offenders serve their sentence under community supervison.
- Parole is an early release from prison, granted after an individual has served time.
Q23
Define parole.
The conditional release of a prisoner from prison before the fulfillment of their maximum sentence where the prisoner agrees to abide by behavioral conditions.
Q23
Define probation.
A sentence that allows offenders to remain in the community under supervision, as long as they follow certain conditions.
Q24
What are the competing principles behind the decision to grant parole?
- time served
- prison adjustment
- pre-parole plan
- inmate interview
- victim-impact statements
Q25
What are the 3 major obstacles to successful ex-inmate re-entry into society?
- prisonization: the interpersonal skills needed to survive in prison are not always conducive to getting along in society
- weakened social ties: the world that the inmate left behind is not the same as the one they return to
- stigmatization: imprisonment is a stigma that individuals must carry around with them for a lifetime and constantly fight to overcome
Q25
Define stigmatization.
- the overgeneralization of a group - describing or considering somebody or something in a way that suggests they are bad or do not deserve respect
- health, employment, gender and sexuality, race and ethnicity, physical appearance, education, substance use, socioeconomic status, religion, are all examples across multiple life spheres
Q26
Based on the lecture, is the concept of “adolescence “ ancient?
no - relatively recent
Q26
How were juveniles treated in the colonial US?
-little distinction was made between the offenses committed by adults and children
-children over age of 7 were subject to criminal law
Q27
When was the 1st contemporary juvenile court established in the US?
1899 - Cook County, Illinois
Q28
What are the major differences between adult and juvenile court?
- Juvenile court is a remedial process
- Focus on rehab
- Informal hearing
- Individualized justice
- Private hearings
Q29
What are the major benefits of the modern juvenile justice system?
- Seeks to reduce stigma of deviant behavior (keeping out of press, etc.)
- Seperate system keeps juveniles apart from adult offenders
- Seeks to help young offenders gain productive skills
- Protects delinquents from the criminal justice system
Q29
What are the major critiques of the juvenile justice system?
- Inconsistencies between juvenile and criminal justice punishments
- Delinquents are not afforded all due-process rights
- Serious offenders are treated too leniently
Q30
What are the types of children entering the contemporary juvenile justice system?
Very diverse
1. Dependent youths (orphans, abandoned)
2. Incorrigible youths
3. Neglected youths
4. Delinquent youths (simply charged with a crime)
5. Status offenders (engaging in behaviors legal for adults but illegal for youths)
Q30
What is a “status offense”
An action that is prohibited only to a certain class of people, and most often applied only to crimes committed by minors.
In the case of minors - engaging in behavior legal for adults but illegal for youths.
Q31
What is a “consent decree”
An agreement or settlement that resolves a dispute between two parties wihtout admission of guilt or liability.
Q31
What is a “diversion”
intervention approaches that redirect youths away from formal processing in the juvenile justice system, while still holding them accountable
Q31
What are 2 types of disposition?
Typically, disposition options fall into two camps: incarceration and non-incarceration
Q31
Can the youth’s right to an attorney be waived by parents?
yes
Q32
What is a “waiver”
sending a juvenile to be tried as an adult in criminal court
Q32
Do all states have provisions for trying children as adults?
yes
Q32
Arguments for and against waiver
against:
-doesn’t ensure protection of public because youth will serve only fraction of sentence
-might not have the treatment alternatives for youth that are available in juvenile court
-racial bias of who gets waived
for:
-they will not receive a criminal disposition (no leniency for heinous crimes)
Q33
Does Supreme Court currently consider execution of offenders who were under the age of 18 at the time they committed the crime to be a violation of the VIII Amendment prohibition of “cruel and unusual” punishment
Yes- The death penalty is forbidden if the offender was under the age of 18 when they committed the crime, it was not always this way (Roper v. Simmons 2005)
What are 2 reasons behind transportation?
- Exile from a country
- Free labor
What did English poor laws stipulate?
Allowed neglected children to be transffered into the care of others in exchange for free labor - An artificial family
