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Criminal Justice > Exam 3 > Flashcards

Exam 3 Flashcards

1
Q

Q1

What is the idea behind corporal punishment?

A

A common punishment to reprimand those who broke the law, typically causing pain and discomfort.

Was used before prisons were established

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2
Q

Q1

What is branding?
How was it used in the past, and is it used today?

A

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

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3
Q

Q1

What is a “shock death?”

A

Offender receives death sentence but receives reprieve after offender and proceeds through every ritual leading up to the execution(?? this might be wrong lol)

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4
Q

Q3

How were early colonial prisons in the US controlled?

A

Early penal institutions were under local control and did not seperate various types of offenders

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5
Q

Q3

What was the Quakers’ role in penal reform?

A

suggested that incarceration and hard labor were preferable to corporal punishment

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6
Q

Q4

What was Pennsylvania penitentiary system called, and the impact on inmates?

A
  • 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.
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7
Q

Q4

What was the New York penitentiary system called?

A

Congregate-and-silent

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8
Q

Q4

Did New York or Pennsylvania have a more intense isolation of inmates?

A

Pennsylvania

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9
Q

Q5

What type of sentence did Maconochie envision?

A

marks-of-commendation

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10
Q

Q6

How did conditional release, introduced by Crofton, work?

A

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

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11
Q

Q7

How was Elmira’s reformatory three-grade program organized?

A

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

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12
Q

Q8

What were the rationales for introducing inmate labour in 1900-1930s?

A
  • work kept inmates occupied
  • work was rehabilitative
  • inmates could offset incarceration costs
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13
Q

Q9

What are the 5 pains of imprisonment?

A

Syke’s 5 pains of imprisonment
Loss/deprivation of:
1. Liberty
2. Goods and services
3. Autonomy
4. Heterosexual relationships
5. Security

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14
Q

Q10

What are the basic roles in the inmate subculture?

A

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

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15
Q

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?

A
  • 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
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16
Q

Q12

What did Elizabeth Fry propose to change prison conditions for women?

A
  • separate facilities for women
  • improvements in living conditions
  • education and rehabilitation
  • religious and moral guidance
  • support for families
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17
Q

Q13

What do we know about pseudofamily structure, activities, and future?

A
  • 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
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18
Q

Q14

What is “hands-off doctrine” and is it still viable?

A

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

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19
Q

Q14

What was the outcome of Wolff v. McDonnel (1974)?

A

Inmates are allowed some due process.

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20
Q

Q15

How do occupations within prisons differ from those outside of prison (in terms of emotions and threats in the environment)?

A

Inside prison they are cautioned to be wary, emotionally distant, and suspicious of every request, motive and kindness offered to them by the inmate

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21
Q

Q16

What are the general functions of correctional officer?

A
  • Human services
  • Order maintenance
  • Security
  • Supervision
22
Q

Q17

Based on the lecture, what is the impact of private prison on jobs, benefits, professionalism, tenure of public correctional officers?

A

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

23
Q

Q18

What is “diversion” and what criminalogical theory insights justify it?

A
  • 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
24
Q

Q19

How is probation viewed by prosecutor, defense, the judge, politicians?

A

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

25
Q

Q20

What are the 3 key functions of probation officer?

A
  • investigation
  • supervision
  • service
26
Q

Q21

How is ISP differnt from usual probation?

A
  • 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
27
Q

Q22

What are the forms of intermediate sanctions?

A
  • intensive-supervision probation
  • drug testing
  • house arrest and electronic monitoring
  • fines
  • shock probation
28
Q

Q22

Why house arrest and fines can be economically attractive options?

A

house arrest: allows offenders to take advantage of community resources and save the state the cost of incarceration

fines: cost savings

29
Q

Q23

How is probation different from parole?

A

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.

30
Q

Q23

Define parole.

A

The conditional release of a prisoner from prison before the fulfillment of their maximum sentence where the prisoner agrees to abide by behavioral conditions.

31
Q

Q23

Define probation.

A

A sentence that allows offenders to remain in the community under supervision, as long as they follow certain conditions.

32
Q

Q24

What are the competing principles behind the decision to grant parole?

A
  • time served
  • prison adjustment
  • pre-parole plan
  • inmate interview
  • victim-impact statements
33
Q

Q25

What are the 3 major obstacles to successful ex-inmate re-entry into society?

A
  • 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
34
Q

Q25

Define stigmatization.

A
  • 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
35
Q

Q26

Based on the lecture, is the concept of “adolescence “ ancient?

A

no

36
Q

Q26

How were juveniles treated in the colonial US?

A

-little distinction was made between the offenses committed by adults and children
-children over age of 7 were subject to criminal law

37
Q

Q27

When was the 1st contemporary juvenile court established in the US?

A

1899 - Cook County, Illinois

38
Q

Q28

What are the major differences between adult and juvenile court?

A
  1. Juvenile court is a remedial process
  2. Focus on rehab
  3. Informal hearing
  4. Individualized justice
  5. Private hearings
39
Q

Q29

What are the major benefits of the modern juvenile justice system?

A
  1. Seeks to reduce stigma of deviant behavior (keeping out of press, etc.)
  2. Seperate system keeps juveniles apart from adult offenders
  3. Seeks to help young offenders gain productive skills
  4. Protects delinquents from the criminal justice system
40
Q

Q29

What are the major critiques of the juvenile justice system?

A
  1. Inconsistencies between juvenile and criminal justice punishments
  2. Delinquents are not afforded all due-process rights
  3. Serious offenders are treated too leniently
41
Q

Q30

What are the types of children entering the contemporary juvenile justice system?

A

Very diverse
* Dependent youths (orphans, abandoned)
* Incorrigible youths
* Neglected youths
* Delinquent youths (simply charged with a crime)
* Status offenders (engaging in behaviors legal for adults but illegal for youths)

42
Q

Q30

What is a “status offense”

A

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.

43
Q

Q31

What is a “consent decree”

A

An agreement or settlement that resolves a dispute between two parties wihtout admission of guilt or liability.

44
Q

Q31

What is a “diversion”

A

intervention approaches that redirect youths away from formal processing in the juvenile justice system, while still holding them accountable

45
Q

Q31

What are 2 types of disposition?

A

Typically, disposition options fall into two camps: incarceration and non-incarceration

46
Q

Q31

Can the youth’s right to an attorney be waived by parents?

A

yes

47
Q

Q32

What is a “waiver”

A

sending a juvenile to be tried as an adult in criminal court

48
Q

Q32

Do all states have provisions for trying children as adults?

A

yes

49
Q

Q32

Arguments for and against waiver

A

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)

50
Q

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

A

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)

Criminal Justice (3 decks)

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