Term
What is the trinity of the penitentiary (or the “holy trinity” as I referred to it)? What were the
individual (prisoner) as well as the broader social goals of this trinity? |
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Definition
1. separation from society’s influence (more disorder, because more people and social problems
2. obedience/discipline
3. labor: protestant work ethic
----auburn prison in pennsylvania
-needed to break people in order to reform them
--lockstep
--separate and silent system
--creatred by quakers, protestant work ethic
--wore prison stripes
--congregate system
made goods and sold them profit to prison |
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Term
Describe the Pennsylvania and the Auburn models of the early penitentiary. Be sure to
define the goals that were common among the two models and what the specific differences of the two were. |
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Definition
Pennsylvania model:
-made by quakers. no corporal punishment. separate and silent system. single cells, no contact with others. no visitation
-ate, worked, no communication, read bible.
-REFORM, reflect, repent
-not economically viable
AUBURN SYSTEM
-Congregate system
-had own cells, no communication. lockstep, ate and worked in common area with other inmates.
-made goods and sold them; economicallty viable |
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Term
There are four philosophical justifications for punishment. What are the four and what do
they mean? Which philosophical approach lacks a utilitarian purpose? |
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Definition
1. retribution
-government sponsored revenge
-balance, individual considerartion depending on harm done, attitude of offender.
2. deterrence
-rational choice model ((what is the punishment, likelihood of getting caught, likelihood of getting THAT punishment) limitations: drugs, alcohol, homicide
-specific (deters individual) or general (deters everyone)
3. incapacitation
-inability to commit crime
-death, incarceration
-false positives: assumes that person is going to commit crime when it may have been just a one-time deal
-false negatives: dont incapacitatr when you should have
-specific vs general incapacitation
4. rehabilitation
-indeterminate sentencing, parole
-educational and medical model
-criminogenic needs
5. restorative justice
-tribal justice
-what does community/individual/victim need for justice? empowerment
-meeting between victim and offender |
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Term
With respect to sentencing disparity for Federal drug crimes, define and describe the “100:1”
ratio |
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Definition
-anti drug abuse act in 1960s
-crack = more harmful than cocaine
-racially biased sentencing
-disproportionate number of african americans being sentenced for possession
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Term
| Explain the difference between indeterminate and determinate sentencing |
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Definition
indeterminate:
-discretion when somebody gets parole
-problems: if you want parole, need to see paroll board and get reviewed
-range of time that can be spent in prison
-discretionary release
-good time
-got rid of indeterminate sentencing because of prison riots relating to unhappiness. acts of discretion are arbitrary, like offenders not getting like sentencing. lack of evidence for rehabilitation. politics. sentencing disparity
determinate
-set amount of time in prison
-judge has discretion, no parole
-only way to get out is if administrative release due to overcrowding |
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Term
Explain the two models (necessary and sufficient) used to illustrate how probation conditions
are set. What are the benefits and limitations for each of these models? |
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Definition
necessary:
-only impose conditions that you have resources for
-conditions must be related to specific supervision goals tied to individual's needs
-individualized conditions
-proportional, rational, able to fully enforcre
-discretion and start of probation
sufficient:
-offender is getting a "break"
-conditions come in package
-standard set of requirements applied to all offenders, regardless of risk level
-enforcement is unreasonable and unrealistic because probation officer must settle fotr whatever compliance happence
-discretion at end of process/probation term. look at rule violations |
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Term
With respect to intermediate sanctions, explain what the term “net widening” means and how
does it apply to the use of intermediate sanctions. |
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Definition
-attempt to remove people from prison and use intermediate sanctions with probation...but people that shouldnt have to go to probabtion did.
Systtem NW:
make new laws that ensure more people
ex: drunk driving = felony now, makes it look like there are more offenders but the rate hasnt changed
fishing net metaphor -- smaller holes
programmatic nw:
-decrease stipulations for people incarcerated, more for people just on probation
--pick people that you know will succeed
-people selected would succeed anyways, regardless of program. self-selection
-attach success to the program |
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