Notes Flashcards

1
Q

Retribution

A

“Lextalionis - an eye for an eye” - the offender deserves to be punished.

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2
Q

Incapacitation

A

physically removed from society. “1 in 100 adults in prison”

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3
Q

Deterrence

A

the prevention of future criminal behavior.

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4
Q

Rehabilitation

A

Changing an offenders attitudes and behavior.

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5
Q

Reiteration

A

An emphasis on the victim, programs designed to make the victim whole again.

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6
Q

Indeterminate

A

Let the punishment fit the offender. Individualized justice. Medical model of sentencing. Any offender is mentally ill.

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7
Q

Legislator

A

assign a wide range of punishment. Ex: Florida, probation to life - armed robery

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8
Q

Paroll Board

A

Discretionary release. Inmates are eligible for parole. Average is 1/3 maximum sentence.

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9
Q

Sentencing Disparity

A

hen similar defenders with similar criminal history revive vastly different sentences.

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10
Q

Rehabilitation itself

A

Dr. Robert Marketson - Conducted a meta-analyis of all rehabilitation programs, 243 studies.

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11
Q

Verbatim

A

with few and isolated exceptions the rehab efforts to date have not achieved success.

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12
Q

Structure Sentencing System

A
  • Goals
    1. Have the sentence based on the act rather then the offenders potential for rehabilitation.
    2. Limit judicial desecration.
    3. Reduce sentencing disparity.
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13
Q

Aggravating

A

Make sentence worse

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14
Q

Mitigating

A

Make sentence less

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15
Q

Presumptive

A

every crime is broken down.

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16
Q

Sentencing Dispositions

A
  1. Fine- The most frequent.
  2. Probation - Community based supervision.
  3. Intermediate sanctions - more control over then probation, less in prison.
  4. Prison - a sentence of confinement.
  5. Capital Punishment - Sentence to death.
17
Q

PA Model of Prison’s

A
  • Watershed 1790 the 1st institution to house offenders after they have been convicted of a crime was the Walnut St Jail, Philly.
  • 1st state prison, Easton State Penitentiary.
  • Characteristics
    Cells were large, solitary confinement, informed silence, forced bible readings.
18
Q

Auburn Model of Prisons, NY

A
  • Characteristics
    Cells were small, inmates were expected to work, liberal use of a whip, lock step, no eye contact, degrading prison clothing.
19
Q

Contemporary Prisons

A
  • Prisonization
    1. Cope with loss of freedom
    2. Learn the mechanism for early release
    3. Learn the values in culture
20
Q

Prison Inmate Subculture

A

A set of attitudes, values, and beliefs that inmates share.

21
Q

Two things Police and Inmates share are?…

A
  1. Despise snitches

2. Chilled sex offenders

22
Q

Prison Greeting Facts

A
  • When you enter a prison for the first time you are known as a “fish”
  • Mostvunerblepeople are while slightly built males.
  • Fish will be challenged first time in cafeteria
23
Q

Challenges to prison in 21st Century

A
  1. Overcrowded
  2. Tuberculous, and AIDS
  3. Prison Gangs
  4. Geriatric offenders
24
Q

Total institution

A

One that totally regulates the behavior of its members.

25
Q

Mortification

A

The process of which a individual is stripped of his or her personal identity. Most - Supermax, Monastery, and concentration camps.

26
Q

Probation

A

Community based supervision without prison. Why? Cost effective, and belief in rehabilitation.

27
Q

Father of Probation

A

John Augustus, 1841 - Started as volunteer, was a shoes maker, came of idea because of drunk friend.

28
Q

1878…

A

Massachusetts passed first probation statue.

29
Q

A probation officer has 2 conflicting roles…

A
  1. Cop or law enforcement officer

2. Social Worker

30
Q

Conditions

A

General Conditions - Apply to all offenders.

Specific Conditions - Apply to individual offender.

31
Q

Parole

A

Community based supervision after serving time in prison.

32
Q

Movie facts…

A
  • Thursday check in day
  • 10:30 home time
  • 11 year old victim
  • Social worker roll, or law enforcement roll
33
Q

ntermediate Sanction

A

More control over the offender then probation, but less control in prison. Example: Halfway house, Boots camps, electronic house arrest, work release, probation, parole.

34
Q

Morriassey v. Brewer 1972

A

Safeguards Ex: Written notice, Disclose to evidence, Opportunity to be heard in person, Right to confront and examine, a written statement.

35
Q

Gagnon v. Scarpelli

A

The safeguards identified in Morrissey v brewer were extended to probation.