Midterm Study Guide

Question 1

incarceration rates

Answer 1

represents the individuals sentenced to incarceration under state and federal jurisdiction per 100,000 inhabitants

Question 2

recidivism rates

Answer 2

the amount of individuals rearrested, reconvicted, or reincarcerated after being released

Question 3

four components of correctional system

Answer 3

jail, prison, probation, parole

Question 4

jail

Answer 4

holds people for a shorter amount of time (usually less than a year); holds people guilty of misdemeanors, pretrial detainees, those awaiting transfer to prison, and those doing their time in jail because of prison overcrowding

Question 5

prison

Answer 5

holds people for a year or more; holds people convicted of felonies

Question 6

probation

Answer 6

an alternative to incarceration by jail or prison; an offender is put under the supervision and care of a probation officer and is to follow strict rules and restrictions

Question 7

parole

Answer 7

conditional release of incarcerated individual before the full completion of their sentence; supervised under a parole officer

Question 8

age of reason

Answer 8

also known as the age of enlightenment in the 18th century; there is a focus of an individual’s rights; human knowledge is based on reason; and limited governmental power

Question 9

five theories of punishment

Answer 9

deterrence, retribution, rehabilitation, incapacitation, and restorative justice

Question 10

deterrence

Answer 10

the goal is to prevent future crime by setting an example which theoretically prevents people from committing a crime; example: 3 strikes law, signs warning a fine; if you commit a crime, then this will happen so don’t to it; “crime does not pay”; swift, certain, not too severe

Question 11

retribution

Answer 11

punishment is thought to be deserved; the goal is to achieve fairness and justice; the punishment must match the crime; example: death penalty

Question 12

rehabilitation

Answer 12

the goal is to prevent future crime; individualized punishment; malleability of individuals; with appropriate interventions, they will refrain from reoffending; example: probation, 15 to life

Question 13

incapacitation

Answer 13

the goal is to prevent future crime; individuals are physically restrained form reoffending by incarceration or execution; gross incapacitation led to mass incarceration; selective is picking and choosing specific “dangerous” transgressing (serial) individuals; example: life without parole, mandatory minimums, 3 strikes law, death penalty

Question 14

restorative justice

Answer 14

the goal is to restore justice and prevent future crime; crime is more than breaking the law; crime causes harm to the entire community and therefore it takes the entire community to restore harm; example: rj circles, family conferences

Question 15

pennsylvania prison system

Answer 15

one of the first prisons and used as a model for future ones; believed people could be reformed through strict routines; the incarcerated were not kept among each other

Question 16

auburn prison system

Answer 16

one of the first prisons that future prisons were modeled after; prisons cells in a tier formation; congregate, but silent system with labor; believed people could be reformed through strict routines

Question 17

elmira reformatory

Answer 17

for young, first time convicted; educational/vocational training; indeterminate sentencing; parole possible

Question 18

the medical prison model

Answer 18

prisons influenced by growing successes of modern medicine; strong belief in possibility of examination, diagnosis, and treatment of incarcerated people; “classification” systems emerged

Question 19

martinson report

Answer 19

“nothing works” doctrine: survey of rehabilitative programs, results: no effect on recidivism

Question 20

the rehabilitative ideal

Answer 20

a period of time in which rehabilitation was the dominant theory of punishment which emphasizes the malleability of individuals and the idea that with appropriate inventions, transgressors will refrain from reoffending

Question 21

mass incarceration

Answer 21

a period in time in which an incredible amount of people (mostly black men) were incarcerated because incapacitation rather than rehabilitation took dominance as a theory of punishment; “tough on crime” period, crackdown on drugs, etc

Question 22

the new jim crow thesis

Answer 22

proposes that mass incarceration is targeted toward African American men; mass incarceration is a way to degrade black people, and it is racist and colorist

Question 23

racial caste system

Answer 23

criminal justice being used to demean black people/people of color to a lower class, an underclass

Question 24

indeterminate sentencing

Answer 24

sentenced to a range of time, uncertain of release date, parole board decides on release; example: 1-10 years, 15 to life

Question 25

determinate sentencing

Answer 25

sentenced to a fixed term, no parole board, good time off credit; example: 5 years, 10 years

Question 26

presumptive sentencing

Answer 26

“normal” sentence exists by statute, judges discretion decides more or less time; example: 5 years is normal sentence which has a range of 4-10 years based on circumstances and the judges discretion

Question 27

truth-in-sentencing

Answer 27

a fixed portion of the sentence must be served in prison (85%); example: 10 years would be 8.5 years

Question 28

three-strikes-law

Answer 28

three strikes your out of violent felony charges and then 25 to life

Question 29

mandatory minimum sentences

Answer 29

serve set minimum of time in prison, probation as alternative not possible

Question 30

concurrent sentencing

Answer 30

sentences completed at the same time; example: you have 4 charges that are 10 years each, imprisonment time would be 10 years

Question 31

consecutive sentencing

Answer 31

sentences completed one after the other; example: you have 4 charges that are 10 years each, imprisonment time is 40 years

Question 32

AB 109 realignment policy

Answer 32

shifted low-level (non-violent, non-serious, non-sexual) offenders from state prisons to county jails; supervised on local rather than state level (PRCS)

Question 33

california’s proposition 47

Answer 33

reduced 9 classifications of non-serious and non-violent property and drug crimes from felonies to misdemeanors; also applied retroactively

Question 34

california’s proposition 57

Answer 34

CDCR incentivizes the incarcerated population to participate in programs and maintain good institutional conduct; milestone credit with the possibility early release (parole)

Question 35

the rabble hypothesis

Answer 35

a motivation theory that proposes that each individual in a group will behave in accordance with self-interest, so that the group becomes a rabble

Question 36

cash bail

Answer 36

the defendant or someone else on their behalf pays the full bail amount in cash

Question 37

bail bonds

Answer 37

company pays bail; company requires fees, 10% of bail

Question 38

property bonds

Answer 38

defendant uses expensive/significant property as their bail, usually and house; not very common use of bail

Question 39

release on own recognizance

Answer 39

a release without the requirement of posting bail based on a written promise by the defendant to appear in court when require to do so; low-level, non-crimes

Question 40

probation caseload

Answer 40

the number of offenders assigned to each probation officer

Question 41

presentence investigation report

Answer 41

a report that includes information about the offender’s crime and criminal background which is then presented to the court if the case proceeds through prosecution and sentencing

Question 42

post-release community supervision (PRCS)

Answer 42

low-level (non- violent, serious, sexual) offenders are supervised locally rather than by the state after the are released from incarceration