Final Flashcards
The “Great Experiment in Social Control”
Prison population rates 1980-2008. Policy factors have greatest impact on prison population rates
Medical Model
(1930-1960) - Diagnosis and Treatment in prison. Correctional institutions/ Correctional officers
Community Model
(1960-1970) – Incarceration is not conducive to rehabilitation. Promote alternatives to incarceration/ reintegration
Crime Control Model
(1970-Present) - Longer sentences for habitual/violent offenders
Penitentiary era
1790s-1860s Institutions intended to isolate offenders. Primary goal of punishment is reformation. Desire to change the “mindset” of the offender. Determinate sentences based on the nature of offense
Pennsylvania Model
Separate confinement
All activities took place in individual cells
Solitary confinement is economical and limits corruption
Religious reflection and penance
Primary goal = change offender’s moral being
Auburn Model
Congregate system
Day: Inmates work together in absolute silence
Evening: Inmates in solitary confinement
Strict discipline necessary for social control
Focus: work ethic and prevent recidivism through deterrence.
Classical school
punishment should be offense focused. Deterrence: sanctions be swift, certain and severe
General deterrence
When others refrain from crime because they witness another’s punishment & fear similar fate (society)
Specific deterrence
Punishment reduces likelihood of recidivism (individual)
Retribution
Deserved punishment; debt to society
Rehabilitation
Planned correctional intervention that targets for change internal and or social criminogenic factors with the goal of reducing recidivism
Restorative justice
Crime causes harm to victim, community and offender. Mediation and blank slate
Indeterminate sentencing
Incarceration with a min and max sentence length; parole eligibility tied to rehabilitation
Determinate sentencing
Fixed period of incarceration; focus on retribution and deterrence; limit judicial discretion
Probation
Offender serves punishment in community under supervision of PO. Most frequently applied punishment
Mempa v Rhay
Righ to counsel at probation revocation hearing
Gagnon v Scarpelli
Procedural safeguards for probationers in revocation hearings
Griffin v Wisconsin
May search without a warrant or probable cause
Ruffin v Commonwealth
Prisoners do not have rights. Separation of power and non-interference with administration of prisons
Cooper v Pate
ended “hands off” policy- inmates may sue in federal courts
Roper v Simmons
Juveniles under age 18 at time of offense not eligible for death penalty
Furman v Georgia
1972 death penalty as administered is cruel and unusual punishment
Gregg v Georgia
1976 court reaffirmed death penalty. considers aggravating and mitigating conditions
Atkins v Virginia
2002 Unconstitutional to execute defendants with mental retardation
Revocation process
Formal notice of violation: warrant for arrest
Custody decision: risk or threat to others/self
Preliminary hearing: evidenced of violation
Outcome: decision by parole board
Revocation Process
Stage 1: preliminary hearing
Stage 2: revocation hearing
Stage 3: sentencing hearing (judge)
Pre sentence Investigation Reports
Conducted by a probation officer and its purpose is to aid the court in determining a proper sentence. Conducted before the hearing, has personal and criminal history report, victim impact statement
Average time from sentencing to execution
15 years
Brutalization Effect
Research indicated homicide increase post execution
Comparative Research
States with death penalty have higher homicide rates
