Unit 1- How we got to where we are Flashcards
As a whole, prison population has what throughout history?
Gone down
Assembly Line Justice:
you are punished for your crime and nothing else
Individualized Justice
Each case is different
America’s influence came from:
England
Secular Law:
laws that make away from the church
Lextalionis
punishment should match the offense
Wergild
money that is paid as compensation for a criminal offense (did not go through the government)
Galley Slavery
Working on a ship for free
Transportation
relocation to penal colony to help rebuild/build British colonies (Whales, Australia)
Incarceration
put in jail (Bridewell)
Corporal Punishment
Using physical punishment as a way to make an example
What was Beccaria and Bentham’s core belief?
humans are rational beings that make their own decisions
Effective punishment, according to Beccaria, is:
Swift, certain, and severe
hedonistic Calculus
the ability to weight the pros and cons before action
John Howard is significant because:
credited with being the biggest correctional activist
Penitentiary Act of 1779
prisons need to be secure and sanitary
Great Law
in order for us to repent of our sins, hard labor is necessary
Who implemented the 1st penitentiaries?
The Quakers
Contract Labor
some group leased incarcerated people
Pennsylvania Penitentiary
- Separate and Silent
-Panopticon - expensive
- every prisoner has their own cell
Auburn/ NY Pen.
- Separate but congregate
- wished for obedience
- congregated labor
- introduced contract labor
Five Sentencing Philosophies
Retribution, Incapacitation, Deterrence, Rehabilitation, Restoration
Retribution:
focus: punishment
Doesn’t care about needs of offender
Incapacitation:
Loss of liberty; lose the right to freedom (go to jail or prison)
Deterrence: Prevention
generaL: punishment given to society
Specific: Targets a specific offender
Rehabilitation
Focus: treatment
Restoration:
to make things whole again
emotional, physical damages
Reformatory Era:
Zebulon Brockway: rehabilitation
Indeterminate sentences, understand why people commit crime
Medical Model Era
Insane asylums were prevalent but declining; pushed for basic medical care
Community Corrections Era
supervised in community
probation, parol, half way houses
Atica Prison Riot
core takeaway: rights in prisons
Crime Control Era
- Martison’s “nothing works”
- you do the crime, you do the time
- War on drugs
Indeterminate Sentencing
- second chance sentencing
- range (18-24 months)
- good time
Determinate Sentencing
Fixed period of incarceration
- less room for rehabilitation
- can still earn good time
Mandatory sentences
A punishment associated with a specific crime (minimums)
- 3 strike rule
PSI
Presentence Investigation
Discrimination
when a group of people are treated differently based on prejudice
Disparity
when a group of people have a different outcome than another group
Wrongful Conviction
When an innocent person is found guilty either by plea or verdict (2-4%)
Whats the biggest reason for wrongful conviction?
Eyewitness misidentification
How many states given compensation to the wrongfully convicted?
35 + Federal Gov and DC
Biggest cases for Wrongful Conviction?
Sexual Assault
