Midterm Study Guide Flashcards
incarceration rates
represents the individuals sentenced to incarceration under state and federal jurisdiction per 100,000 inhabitants
recidivism rates
the amount of individuals rearrested, reconvicted, or reincarcerated after being released
four components of correctional system
jail, prison, probation, parole
jail
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
prison
holds people for a year or more; holds people convicted of felonies
probation
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
parole
conditional release of incarcerated individual before the full completion of their sentence; supervised under a parole officer
age of reason
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
five theories of punishment
deterrence, retribution, rehabilitation, incapacitation, and restorative justice
deterrence
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
retribution
punishment is thought to be deserved; the goal is to achieve fairness and justice; the punishment must match the crime; example: death penalty
rehabilitation
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
incapacitation
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
restorative justice
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
pennsylvania prison system
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
auburn prison system
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
elmira reformatory
for young, first time convicted; educational/vocational training; indeterminate sentencing; parole possible
the medical prison model
prisons influenced by growing successes of modern medicine; strong belief in possibility of examination, diagnosis, and treatment of incarcerated people; “classification” systems emerged
martinson report
“nothing works” doctrine: survey of rehabilitative programs, results: no effect on recidivism
the rehabilitative ideal
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
mass incarceration
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
the new jim crow thesis
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
racial caste system
criminal justice being used to demean black people/people of color to a lower class, an underclass
indeterminate sentencing
sentenced to a range of time, uncertain of release date, parole board decides on release; example: 1-10 years, 15 to life
determinate sentencing
sentenced to a fixed term, no parole board, good time off credit; example: 5 years, 10 years
presumptive sentencing
“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
truth-in-sentencing
a fixed portion of the sentence must be served in prison (85%); example: 10 years would be 8.5 years
three-strikes-law
three strikes your out of violent felony charges and then 25 to life
mandatory minimum sentences
serve set minimum of time in prison, probation as alternative not possible
concurrent sentencing
sentences completed at the same time; example: you have 4 charges that are 10 years each, imprisonment time would be 10 years
consecutive sentencing
sentences completed one after the other; example: you have 4 charges that are 10 years each, imprisonment time is 40 years
AB 109 realignment policy
shifted low-level (non-violent, non-serious, non-sexual) offenders from state prisons to county jails; supervised on local rather than state level (PRCS)
california’s proposition 47
reduced 9 classifications of non-serious and non-violent property and drug crimes from felonies to misdemeanors; also applied retroactively
california’s proposition 57
CDCR incentivizes the incarcerated population to participate in programs and maintain good institutional conduct; milestone credit with the possibility early release (parole)
the rabble hypothesis
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
cash bail
the defendant or someone else on their behalf pays the full bail amount in cash
bail bonds
company pays bail; company requires fees, 10% of bail
property bonds
defendant uses expensive/significant property as their bail, usually and house; not very common use of bail
release on own recognizance
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
probation caseload
the number of offenders assigned to each probation officer
presentence investigation report
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
post-release community supervision (PRCS)
low-level (non- violent, serious, sexual) offenders are supervised locally rather than by the state after the are released from incarceration
