Final Exam Flashcards
What is the major demographic group growing within the prison population?
Women
True/False
The primary use of jails is to hold someone serving a term of incarceration
False
- Receive individuals pending arraignment and those awaiting trial, conviction or sentencing
- Detain juveniles, mentally ill, and others pending transfer
- Release convicted inmate to the community upon completion of their sentence
- Transfer inmates to, or house inmates for federal, state, or other authorities
- Operate community-based programs with day reporting, home detention, electronic monitoring or other types of supervision
- Readmit probation, parole and bail-bond violators and abscoders
Uses for jail
- Applied to federal prisons
- Established determinate sentencing
- Abolished parole
- Reduced good time
Sentencing Reform Act of 1984
3 kinds of prison capacity
1.) Rated
2,) Operational
3.) Design
Number of inmates a prison can handle according to the judgement of experts
Rated capacity
Number of inmates a prison can effectively accommodate based on management considerations
Operational capacity
Number of inmates a prison was intended to hold when it was built of modfied
Design capacity
What was the actual annual cost of providing for an inmate in California in 2012?
$62 at the state level
$77.50 at the federal
The movement toward prisons being operated for state and federal government by private enterprise for profit
Privitization
Private prisons hold ____ of all state prisoners
8.2%
Private prisons hold ___ of all federal prisoners
17.8%
A return to the root purpose of incarceration: punishment
Just deserts era
When was the just deserts era?
1995-2012
What did the just deserts era limit?
Inmates privileges and get tough policies
Pennsylvania System
1790
Auburn System
1819
Reformatory Movement
1877
Industrial Era
1890-1935
Punitive Era
1935-1945
Treatment Era
1945-1967
Community-based treatment era
1967-1980
Warehouse Era
1980-1995
Built around the need to employ cost-effective solutions to correctional issues
Evidence based era 2012-present
A form of imprisonment developed in New York State around 1820 that depended on mass prisons where prisoners were held in congregate fashion and required to remain silent
Auburn System
A form of imprisonment developed by the Pennsylvania Quakers around 1790 as an alternative to corporal punishments. This style of imprisonment made use of solitary confinement and encouraged rehabilitation
Pennsylvania system
7 forms of historical punishment
- ) Lex talionis
- ) Flogging
- ) Mutilation/amputation
- ) Branding
- ) Public humiliation
- ) Exile
- ) Workhouses
An eye for an eye
Lex talionis
A sentence explicitly requiring the the convicted offender to serve a period of confinement in a local, state or federal facility followed by a period of probation
Split sentence
The practice of sentencing offenders to prison allowing them apply for probationary release and surprisingly permitting such release
Shock probation
Offenders who receive shock probation may…
Not be aware that they will be released on probation and may expect to spend a much longer time behind bars
A sentencing option that makes use of “boot camp” type prisons to impress on convicted offender the realities of prison life
Shock incarceration
A sentencing alternative that requires offenders to spend at least part of their time working for a community agency
Community service
2 conflicting sets of duties for a probation/parole officers
- ) Provide social work services
2. ) Handle custodial responsibilities
3 challenges of probation/parole officer’s job
- ) Large caseloads
- ) Lack of career mobility
- ) Assigned to small geographic area
What percentage of persons on probation have their conditions of probation released?
20%
What percentage of persons on parole have their conditions of parole revoked?
21%
What percentage of prisoners released from prison in 15 states were rearrested six months after release?
30%
What percentage of prisoners released from prison in 15 states were rearrested three years?
less than 10%
- Lower cost
- Increased employment
- Restitution
- Community support
- Increased use of community services
- Increased opportunity for rehabilitation
Advantages of probation/parole
- Relative lack of punishment
- When a convicted offender is released to the community on probation or parole it poses a risk to the community
- Increased social costs
- Discriminatory and unequal effects
Disadvantages of probation/parole
The release of an inmate from prison that is determined by statue or sentencing guidelines and is not decided by a parole board or other authority
Mandatory release
The release of an inmate from prison to supervision that is decided by a parole board or other authority
Discretionary release
A state paroling authority, most states have one that decide when an incarcerated offender is ready for conditional release
Parole board
Officially ordered program-based sanctions that permit convicted offenders to remain in the community under conditional supervision as an alternative to an active prison sentence
Community correction
- First passed in California in 1994
- Require a sentence of 25 years to life for three-time convicted felons
- Parole consideration is not available until at least 80% of the sentence has been served
- About half of all states have enacted this
3 strikes law
A court requirement that an accused or convicted offender pay money or provide services to the victim of the crime or provide services to the community
Restitution
4 traditional sentencing options
- ) Fines
- ) Probation
- ) Imprisonment
- ) Death
A report designed to help the judge decide on the appropriate sentence within the limits established by law
Pre-sentence investigation report
The use of court-ordered community service, home detention, day reporting, drug treatment, psychological counseling, victim-offender programming or intensive super vision in lieu of other more traditional sanctions such as imprisonment and fines
Alternative sentencing
A structured sentencing scheme that allows no leeway in the nature of the sentence required and under which clearly enumerated punishments are mandated for specific offenses or for habitual offenders convicted of a series of crimes
Mandatory sentencing
2 kinds of sentencing guidelines
- ) Aggravating circumstances
2. ) Mitigating circumstances
- Make the crime more grave than the average instance of that crime
- Call for a tougher sentence
Aggravating circumstances
- May be considered to reduce the blameworthiness of the defendant
- Call for a lesser sentence
Mitigating circumstances
A model of criminal punishment in which an offender is given a fixed term of imprisonment that may be reduced by good time or gain time
Determinate sentencing
A model of criminal punishment that encourages rehabilitation through the use of general and relatively unspecific sentences
Indeterminate sentencing
A goal of criminal sentencing that seeks to prevent others from committing crimes similar to the one for which a particular offender is being sentenced by making an example of the person sentenced
General deterrence
A goal of criminal sentencing that seeks to prevent a particular offender from engaging in repeat criminality
Specific deterrence
5 goals of sentencing
- ) Retribution
- ) Rehabilitation
- ) Deterrence
- ) Incapacitation
- ) Restoration
The act of taking revenge on a perpetrator
Retribution
Criminals can be cured of the criminality and can be returned to society
Rehabilitation
Seeks to inhibit criminal behavior by fear of punishment
Deterrence
The only way to prevent criminals from re-offending is to remove them from society
Incapacitation
Attempts to make the victim whole again to address damage to the victim and community
Restoration
Which case is associated with the exclusionary rule?
Weeks v. US
Which case is associated with the Fruit of the Poisonous tree doctrine?
Silverthorne Lumber Co. v. US
Which case addresses the exclusionary rule and state law enforcement?
Mapp v. Ohio
Good faith exception to the exclusionary rule is dealt with in which case?
US V. Leon
Which case established that a probation officer could search an offender’s premises without a warrant?
Griffin v. Wisconsin
