Module 4: Models of Criminal Justice

Question 1

Define/explain: Deterrence Model of Criminal Justice and consequences

Answer 1

• oldest model, has roots in criminologist Bentham from Europe
• assumes that the pain of imprisonment should exceed the pleasure of the criminal act so that punishment should have a deterrent effect and should fit the crime
• criminals will be deterred by the certainty of being capture, the swiftness of punishment and the severity of the punishment
• the success of or failure of this philosophy depends of the offenders’ commitment to crime, certainty and swiftness of punishment are more important than severity of crime
• consequences: costly, there will always be people who participate in crime even after carefully considering the costs and benefits of participating in crime

Question 2

Individual vs General Deterrence

Answer 2

• individual deterrence; punishing one so he/she doesn’t offend again
• general deterrence; punishing one so all can be deterred

Question 3

Crime/Social Control aka Justice Model of Criminal Justice and consequences

Answer 3

• deals exclusively with the criminal act
• suggests that the punishment should reflect/be proportionate to the severity of the crime and the offender’s prior criminal record
• the severity of the penalty should be a deterrent
• there should be multiple options for punishment in order to allow non-violent first offenders to serve in community, while violent crime should have swift, severe punishment
• suggests elimination of discretionary power of police officers, police must charge offender with all crimes committed
• legal technicalities that handcuff the police should be eliminated
• the discretion of the prosecutors/judges/parole boards would be eliminated or strictly controlled, ex. no plea bargaining, have to follow sentencing guidelines, inmates serve full sentence
• this model tries to eliminate discrimination in sentencing, ex. based on race, social class, gender, occupation, court gives same sentence no matter what
• consequences: more trials more prisoners (costs more), labelling of offenders, legal stigma of being a criminal

Question 4

Define/explain: Selective Incapacitation Model of Criminal Justice

Answer 4

• suggests long prison sentences for a small number of habitual offenders, small number of young offenders commit most of violent crime
• by incarcerating them for a long time we can lower the crime rate
• consequences: increased recidivism rates for offenders who go to jail because of association with other criminals

Question 5

Define/explain: Rehabilitation Model of Criminal Justice

Answer 5

• emphasis on the rehabilitation/treatment of the offender
• believes the source of the crime/criminal behaviour is factors outside of the control of the individual, ex. genetic/biological factors, social, psychological, economic
• more attention should be placed on the offenders behaviour than on the criminal act
• punishment/sentence should be flexible and should reflect the best interest of the offender, ex. if a drug addict steals, the punishment should be around rehab for his drug addiction
• enhances the discretionary powers of the agencies of criminal justice
• emphasis should be on plea bargaining, longer parole rather than jail sentences
• prisons should be more treatment oriented and have programs to reduce recidivism that operate with optimal theoretical integrity based on sound research on learning, psychology etc. (ex. rewarding prosocial behaviour, teach offender social and cognitive skills, family therapy for treating juvenile delinquents)

Question 6

Define/explain: Due Process Model of Criminal Justice

Answer 6

• The most important function of CJS should be to provide due process, or fundamental fairness
• CJS should concentrate on defendants’ rights, not victims’ rights, because the Bill of Rights expressly provides for the protection of defendants’ rights
• Police powers should be limited to prevent official oppression of the individual.
• Criminal justice authorities should be held accountable to rules, procedures, and guidelines to ensure fairness and consistency in the justice process.
• The criminal justice process should look like an obstacle course, consisting of a series of impediments that take the form of procedural safeguards that serve as much to protect the factually innocent as to convict the factually guilty.
• The government shouldn’t hold a person guilty solely on the basis of the facts; a person should be found guilty only if the government follows legal procedures in its fact‐finding

Question 7

Define/explain: Prevention Model of Criminal Justice

Answer 7

• based on social psychology model, gives emphasis to socialization of children by family and school
• parents should provide children with firm/consistent discipline, affection and guidance, teach their children self-control, and provide them with a good self-image/concept of self to protect them against deviation
• obligation is to give children the moral guidance to grow into healthy adults
• if you want to prevent or reduce rates of crime we should attack socioeconomic inequalities, ex. poverty/unemployment because it inhibits the family’s ability to achieve social control, racism, stop legislating morality, stop criminalizing good/services that the public demands
• decriminalize status offenses; crimes on youth based on their minority status, ex. failure to attend classes, curfews etc.

Question 8

Define/explain: Restorative Justice Models of Criminal Justice

Answer 8

• based on Aboriginal justice systems, traditional methods
• mediation and reconciliation, to reconcile the offender with his/her own conscience and with the victim
• restoration of harmony/order to the group; the healing of wounds
• remorse and forgiveness
• reintegration of the offender back to community
• involvement of elders and community leaders; ex. healers, teachers, mediators
• views crime and injury to personal and community relations, rather than abstract legal violations against the state
• Pros: victim get restitution; offender gets to express emotions about crimes

Question 9

3 Essential Principles of Restorative Justice Models of Criminal Justice

Answer 9

• 1. Community Ownership of Disputes
• 2. Material and Symbolic Reparations for Victims and the Community, ex. restitution; payment to victim for damages, symbolic reparations; statement of remorse to the community
• 3. Reintegration of the Offender Back to Community

Question 10

Target groups for restorative justice models? Non-target groups?

Answer 10

• good for first offenders, minor non-violent crimes, drug used, non-serious property offenses
• not good for psychopaths, rapists, serial killers, child molesters, murderer, organized crime, better under criminal justice models