Quiz 1 Flashcards
Total incarcerated in prisons and jails
- 2 million
1. 5, 700k
People on probation
4 million
Parole
800k
Black to White Ratio in Sentencing
5.6 : 1
Hispanic to White Ratio
1.8 : 1
Juveniles in Custody
61k
State Corrections Expenditures
51,984,000,000
Michigan spends on corrections
2 billion
Incarcerated in michigan
61k
Prison population in US since 1980
300k to 1.5 million
US makes up about ___of the world’s population yet has about ____ of the world’s incarcerated population
5%, 25%
____ incarcerated per 100,000
716
Over ____ federal prisoners are there for drugs
50%
Women’s incarceration population has grown
much faster
(50%) than the men’s incarceration population
Incarceration per 100,000
463 white, 2841 black
1 : ___ men will be incarcerated
1: ____ white men, 1 : ___ Black
9, 17, 3
56, 111, 18
Incarceration rate going ___ fairly steadily, even though violent crime rate has been dropping steadily. The rates co-vary independently of one another.
UP
Penal Populism
Much of our beliefs about punishment are social constructions that are created and shared through social media without any research evidence to support claims.
Appeals to popular emotion rather than thorough investigation.
The New Penology
New penology adopts an actuarial approach in which specialists assess the risks of specific criminal subpopulations and recommend strategies to control those particular groups.
Controlling certain populations and groups, like locking up drug dealers. Not individuals, but groups. ‘Street level criminals are more dangerous than white collar criminals’
Powdered cocaine vs. Crack Cocaine
Traditional Penology
Traditional penology stemmed from criminal law and criminology, with an emphasis on punishing and correcting individuals.
New Punitiveness
Emphasis on retribution: You deserve to be punished
Political paranoia
Drug scares
Protestant fundamentalism and intolerance
Politicization of criminal justice
Racialization of crime and punishment
100:1 rule
1 gram of crack is equal to 100 grams of cocaine
Drug scares: reefer madness
Society of spectacle vs. society of surveillance
We want to watch these things, like true crime shows and celebrity murder cases. Jeffrey Dahmer
Foucault
power and control
Identifies power and control of surveillance by the state. We are being controlled in ways we don’t even know.
Durkheim
culture and meaning
We are attracted to crime and punishment because it separates us from them, it sets boundaries
Lex Talionis
the law of retaliation or retribution. A form of revenge.
Wergild
under medieval law, the money paid by offenders to compensate victims and the state for a criminal offense
Code of Hammurabi
Mesopotamia (Modern Iran and Iraq)
Comprehensive and standardized laws
282 laws with specified crimes and punishments
Fair retribution “eye for an eye”
Discriminatory; distinguished among punishments by social class.
Roman Law
The Twelve Tables (450 B.C.) were earliest attempt to document Roman Law. Codes designed to protect the interests of wealthy and the commoners. Justinian Codes (529 A.D.) – a collection of past laws (the Twelve Tables) and the opinions of legal jurists. Serves as foundation for civil law.
Salic Law
Early Germanic law that replaced Roman Law. Comprised largely of fines or wergild.
Based on a clearly defined class system area, quantified by the wergild associated with each of them.
Higher class = less punishment
The more powerful the victim of a crime, the more severe the fine or punishment.
Enlightenment
Challenged the dominant status quo of the church and tried to understand human behavior based on rationality and not so much God.
Classical School of Crim
Guiding principles: rationality and utility (greatest good for the greatest number of people)
Theorists: Beccaria, Bentham, Howard
Cesare Beccaria
• Utility as rationale for punishment. (Social contract of restraint)
• Crime is not about harm to the individual, it is considered harm to the state.
• 6 principles for reform:
Greatest happiness for the greatest number.
Crime is an injury to society.
Prevention over punishment.
Due process.
Deterrence instead of revenge.
Imprisonment improvements.
Jeremy Bentham
• Utilitarianism. • Hedonistic calculus. Human behavior is motivated by hedonism. Pleasure seekers vs. avoiding pain • Reform criminal laws. Must develop laws and punishments that are painful enough to keep them from committing crimes. Must be rational and proportionate. • Focus on deterrence and prevention. • No capital punishment • Rehabilitation a priority. • Panopticon.
John Howard
• Penitentiary Act of 1779.
• Institutional reform
Separate men from women, children from adults. Dangerous prisoners from non violent offenders.
• Jails need to be safe, sanitary, and humane.
• Focus on programming for discipline, religious indoctrination, and labor.
Died of jail fever.
Walnut Street Jail
- Early on was an unsafe, inhumane facility.
- Quaker leadership implemented humanistic and religious ideas.
- Emphasized reform of individual.
- Inner light or God’s grace achieved through penance and silent contemplation.
Pennsylvania System
Separate Confinement
Sought to produce honest persons
New York System
Congregate system
Sought to create obedient citizens
Turned into a form of slave labor
Comparision
• Both believed in the need to separate offenders from outside society.
• Pennsylvania model oriented toward religious craft society.
Viewed as more archaic
• New York model was more influenced by emerging industrial era.
Viewed as more modern and the direction we needed to go
Elimira Reformatory
• Emphasis on education.
• Built reformatories to look like schools.
• First-time, younger felons.
• Mark system of classification.
Reward system when met or exceeded expectations
• Indeterminate sentences.
Length of the sentence based on the conduct of the prisoners
• Parole.
• Whip and solitary confinement were also used regularly.
• Make individuals responsible for their behavior and provide rewards for when they do well.
• Very modern ideas at the time – education and responsibility
Crime control and just deserts
Nothing works” study. - Martinson
Led to conservatives saying we need to get tougher on crime
Led to movement of crime control
• Increasing emphasis on formal social control.
• Increase in crime.
• Increase in incarceration.
General Deterrence
Laws and punishments that will discourage most of society away from engaging in deviant behavior. Punishing Danielle will keep people from committing crimes
Specific Deterrence
Punishing Danielle will keep Danielle specifically from committing crime
Retribution/Just Deserts
Lex Talionas – People deserved to be punished and the state will administer that punishment.
Restorative Justice
Holistic approach – When a crime is committed, there are victims who merit attention and time from the state, and those victims need help coping with victimization. (Mediation, Restitution, Victim Compensation) Offenders must compensate the victims
Equity/Restitution
Providing financial compensation that the offender must pay
Indeterminate Sentences
Range of penalties in which the person being incarcerated must person certain duties in order to meet requirements which will let them get out sooner. Helps with ‘rehabilitation’ as it provides motivation to be good and get out early
Determinate Sentences
Flat sentences. Meets retribution but doesn’t allow for rehabilitation
Truth in Sentencing
Prisoners must serve 85-90% of their earliest eligible parole date
Alternative Sanctions
Probation, intensive supervision, tethers, house arrest, boot camps. Something other than traditional incarceration
Concurrent v. Consecutive
Concurrent is all sentences to be served at the same time, consecutive sentences mean all sentences run one after the other.
