intro crim final

4 punishment and correction goals

retribution: inflicting punishment proportional to the harm caused

deterrence: to keep an offender from future offending (specific) or to set the person as an example (general)

incapacitation: to become incapable of committing another crime

reform/rehabilitation: change the individual

john agustus

father of probation

-philanthropist who posted bail for offenders then found them work and housing

-credited with founding the investigation component of probation.

-because his system based on moral character, age, and other factors

 

net widening

-situation where minor offenders placed in new diversion programs instead of prison-bound offenders the program was designed for.

female offender characteristics

-23% probation, 12% parole, 7% prison

-usually have childhood abuse

-drug dependency

-psychosocial problems

-incarcerated parent

-single parent household

-HIV/AIDS

-less likely to have

-violent crime cnviction

-any stable work history

 

purpose of pretrial diversion programs

-purpose is to divert the offender from the system because..

-it is better for the offender

-less stigma and disruption from work and family

-it is better for the system

-scarcity of resources

 

 

pretrial diversion programs warranted when..

-little or no risk to public

-doesnt offend principals of justice

 

things that are required to happen in diversion (legislation)

evaluation by pretrial services staff of eligibility

contract that clarifies exactly what the defendant must do for completion

-a mechanism by which the defendants case is disposed of, usually through a court oder that disposes of a case without a conviction

 

-pretrial diversion comes before finding any guilt, and if never committed a crime once having both eligibility and completion of program

electronic monitoring

-wearing an electric band to add to traditional probation, parole, or house arrest

-conjunction with bail, deferred adjudication programs, ext.

cost less than prison/jail


factors as failures to EM

-male gender

-younger age

-unemployed

-criminal history

-single

-drug or property crime

-long length of time on EM

day fines

-fines set by amount of income the offender has.

fine is 3 days of income, not set dollar amount

restitutions

-order by the court that requires offender to compensate victim

types of community service programs

-restorative service: connect offender to victim, intention to recognize harm done, agreement, aimed at class of victims

punitive service: not linked to crime, mostly focused on deterrence, labor.

-main santions

-supervision costs

-appropriate settings

-liability

-reasonableness 

eligibility of being in anpretrial diversion program

-crime

-prior record

-drug history

-employment

-residential stability

-evidence of mental illness

types of probation officers

-service officer: focuses on offenders needs and attempts to develop relationship; may make allowances for violations of convictions based on circumstances

surveillance officer:  focuses on surveillance and monitoring of offender and completion. if any law broken, they want offender off the streets

broker officer: balances the two above, no direct counseling though, instead refers to second party agency

-burned out officer: doesnt emphasize either, minimum amount of work

technical violations of probation

violation of rules rather than new crimes

-this can warrant a judicial intervention

-imposing curfew

-intermediate sanctions

-more conditions

OR

-revoke probation

-send to prison

characteristics of incarceration rates

-more than 2 million in prison/jail 

-varies by state

783 per 100,000 (highest of any western country)

black men 7x as likely than white men

seperate/pennsylvania prison system

solitary confinement, manual labor

-originated in philly in the walnut street jail

-later in eastern penitentiary

congregate/auburn prison systm

-slept in solitary, but ate and worked together

-there was silence enforced though

-harsh punishment not only to control, but to reform the inmates

-managed with ‘trinity,’  (mission of a prison)

-separation, obedience, labor

-reformatory era

-militaristic drills and staffing for men

-home-like condition for women

-before correctional institutions (rehab era)

prison subculture

-prisonization

-inmate code

-building tenders.. inmates who were once granted permission by staff over other inmates

importation hypothesis

-belief that pre-prison characteristics of the people shaped the prison environment

prison slang

argot.. used by officers and prisoners

prison relationships

pseudofamilies

-make believe families.. fathers, mothers, siblings ext.

-parents advice and counsel

-allow closer contact with real families

-homosexual behavior

parole, and probation similarities

-parole means ‘word

-release from prison, probation is instead of prison

-780k adults on parole

-15 states left do parole with full discretionary systems

no due process for release decision

66% re-arrested

 

sir walter crofton

-started ticket of leave

-form of mark system

-offenders released early upon going through graduated stages of responsibility and good behavior

-when he reaches this point, prisoner recieves his ticket

-also required once released to report to police for supervising and help finding a job.

alexander maconochie

-started mark system

-consisted of stages of increasing responsibility almost independently resulting in an early release

-eliminated harsh punishment

-improved living conditions at norfolk island

-removed by thought of leniency only 3 years as prison superintendent

restorative justice models

-seek to restore state of wholeness, dont find you guilty of innocent, dont punish)

victim-offender mediation: most common, victim and offender meet and discuss and come to an agreement

community reparative boards: youth panels. board decides after offender speaks

family group conferencing: involves victim and all family, helps the offender understands his wrongdoing.

circle sentencing: everyone gets to talk, then circle decides punishment

two directions of criminal justice system

1. Community-oriented view of the causes of crime, prevention, and enforcement

2. Greater centralization of law enforcement and greater federal powers of investigation and prosecution (terrorism)

FISA

Foreign Intelligence Surviellance Act

-Mandate procedures needed to request surveillance.

-FISA members appointed by supreme court justice

 

-in order to be allowed surveillance..

-person further of intelligence +

-target was an agent of a foreign power

Omnibus Counterterrorism Act

-Expands federal government to take over local governments issues if there is a terrorist threat

-allowed government to see documents without warrant.

-Expands FBI to overseas when investigating terrorism

Anti-Terrorism and Effective Death Penalty Act of ’96

-Replaced Omnibus Counterterrorism Act

Expanded authority of INS of deporting threats and increased punishment

-Changed Habeas Corpus decisions

public law 99-83

-allowed funding to be cut off to countries that supported terrorism

USA Patriot Act

-Led to Homeland Security

-3 seperate agencies that communicated poorly, so ^ was created.

;

-Provisions that were rejected in the 96 Anti-Terrorism Act were added

Expanded concept of terrorism (mass, destruction, assassination, kidnapping)

Expanded federal powers of investigation

-Included Domestic Terrorism

John Walker Lynn.. American who fought on Afghanistan’s side, tried based on Patriot Act

Correctional Sentencing

-Jail, prison, parole, or probation

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