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Victims family or tribe took revenge on the offenders family or tribe |
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Payment to victims family or tribe to appease for wrong doing (Fine) |
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Eye for an eye babilon law where physical torture used as punishment usually inforced by injured party |
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European word for Lex Salia (Man Money) payment to the victim |
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Possessions confiscated wife decleared a widow, excile, dead to society |
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What is meant by free will, and how did the belief in free will affect the approach
taken to punishing offenders during the Middle Ages? |
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Religious influence on corrections, it means that man chooses his actions good or bad and therefore is accountable for the punishment. Equated crime with sin |
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Term
List early punishments which were carried out in public. What was the rationale for
carrying out public punishments? |
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Floggings, ducking stools, The brank Branding was done in public to act as a detterent to offending |
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Workhouses used for petty offenders to use physical labour as a punishment |
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What is the classical school of criminology? What were the contributions of
Beccaria and Bentham to the debate about punishment? |
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Classical School
The theory linking crime causation to punishment, based on offenders free will and hedonism.
The idea that the main objective of an intelligent person is to acheive the most pleasure and the least pain, and that individuals are constantly calculating the pluses and minuses of their potential actions.
Punishment should match crime, Utiliterian approach banish capital punishment |
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What were John Howard’s ‘four principles’? |
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Definition
Improved security and sanitation
Abolishment of fees
Routine inspections
Reformatory regime |
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What was the ‘Great Law’? |
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William Penn introduced the great law as a turn away from barbaric punishments. Abolished capital punishment, later reinstated for premediatated murder, focused on reform through hard labour, moved away from religious crime and foucsed secular criminal jurisprudence. Used prison as punishment |
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Why is Walnut Street Jail significant in correctional history? |
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It is the first penial institution in America and the foundation of first generation prisons. It introduced the use of solitary confindment, separated men, woman and children abolished fees and introduced the pensylvanian code that was imitated throughout the country and internationally. |
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What were the contributions of Maconochie to corrections? |
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Sentences based on the completion of tasks rather than time, indroduction of work groups where prisoners were reliable on each other to achieve tasks, the marks system where prisoners can progress through stages to release this is today seen as parol trade training, education and reformative in goal |
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. What is meant by the ‘reformatory era’? |
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What is meant by the ‘reformatory era’? |
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An environment emphasizing reformation that expanded education and vocational programs and forcused offenders attention on their future |
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Prison operations with emphasis on having inmates work and produce products that could help to make the prisons self-sustaining. |
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What effect has the ‘get tough’ approach had on corrections since the 1980s? |
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Excessive over crowding and a failing system as to much put into prisons that can not cater to the population |
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1. Briefly describe the four rationales for corrections.
Retribution |
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Definition
•Earliest rationale (personal revenge)
•Principles embodied in lextalionis
•Moral basis – seeks to restore moral balance; offenders deserve to be punished
•Present-oriented – does not aim to achieve any utilitarian outcome; punishment for the sake of punishment |
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Definition
•Utilitarian concept (seeks to achieve specific outcome)
•Future-oriented
•May involve removal of the offender from the community, ostensibly to protect society•e.g., exile; transportation; imprisonment; death
•Other forms of incapacitation
•surgical & chemical interventions; confiscation; surrendering licence
•Selective incapacitation
•targeting e.g., high-volume offenders |
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Definition
•Utilitarian concept; future oriented
•Unpleasant consequence aimed at discouraging crime
•Historically, intuitive basis for deterrence (e.g., public punishments during Middle Ages), but first articulated by Classical School of Criminology
•General deterrence
•Aimed at discouraging others from committing similar offences
•Underpins policies of open trials and publication of sentencing outcomes
•Specific deterrence
•Aimed at discouraging the offender from re-offending
•Pain outweighs gain |
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•Utilitarian concept
•Deterministic concept (as opposed to free will)
•Based on the assumption that causes of criminal behaviour can be identified and remedied
•Historical roots in religious ideas of reform, but technically product of Positivist Criminology |
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What is selective incapacitation and what are the main problems associated with its use? |
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Definition
Incarceration of high-risk offenders for preventative reasons based on what they are expected to do, not what they have already done
3 strike law in America example of contributing to overcrowding and lacking in rehabilitative focus |
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What is the distinction between reforming offenders and rehabilitating offenders? |
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Definition
Reforming was aimed at the idea that all people are equal and need to be treated with respect, ie decent food warmth
Rehabilitation is treatment of the root cause of criminal behaviour |
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Is it possible to both punish and rehabilitate at the same time? Give a specific |
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Definition
Yes - Incapacitation is punishment of a prison sentence while taking part in prison rehabilitation programs to achieve both goals at once |
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Is it possible to both punish and rehabilitate at the same time? Give a specific
example (apart from the one given by me) where these two goals might lead to
conflicting correctional policies. |
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Definition
Incapacitation is a punishment in itself while completing rehabilitation programs is neing rehabilitated.
This could lead to early release which conflicts with the goal that of incapacitation as punishment because rehabilitation is over-ruling the need for the punishment to stand, imprisonment. |
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Term
Which correctional goals are broadly compatible with each other? |
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Definition
Retribution and detterence
Detterence and incapacitation |
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What is the punishment of imprisonment? Can punishment be humane? |
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Definition
Imprisonment is incapacitation It is possible as prison is punishment so if prisons are humane then the punishment is humane |
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Term
What is the distinction between rehabilitation and humanitarian reform? Why is it
important to distinguish between these two concepts? |
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Humanitarian reform is the basic human rights and treatment of all people including prisoners. It is not meant to create change in the prisoner it is there basic rights to be treated humainly.
Rehabilitation is meant to make change and works on root causes of offending
The two need to be distinguished as if people see reform as rehab they think the solution is to take away more rights as a way to rehabilitate |
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Was Martinson right when he said that ‘nothing works’? |
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Definition
No he was not right, the way the services were being delivered were not working as well as they should and instead of leading to funding being pulled there should have been further investment. |
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What is the just deserts model? |
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Definition
Retributive theory of punishment
People have free will on how they want to act
Offender shold get what they deserve.
But see that all should be treated equal and rehabilitation is a form of social control.
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What is meant by determinate and indeterminate sentencing? Why do proponents
of the just deserts model tend to favour determinate sentences while proponents of
the treatment model tend to favour indeterminate sentences? |
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Definition
Time based vs task based punishment, Just deserts sees that everyone should recieve the same punishment for the same crime not reduced sentence for program.
Treatement modle favors the rehabilitation as primary correctional goal so punishment is completed when rehabilitation is achieved |
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What is meant by mandatory sentencing? Why do proponents of the just deserts
model tend to favour mandatory sentences while proponents of the treatment model
tend to favour discretionary sentences? |
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Definition
Mandatory sentencing is a set punihsment that must be imposed for crimes.
Just desserts sees all as equal and should recieve the same.
Discresionary allows for mental health and per case basis take a batered woman who comits murder |
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What is sentencing disparity and how might sentencing guidelines help address the
problem ? |
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Definition
is defined as "a form of unequal treatment that is often of unexplained cause and is at least incongruous, unfair and disadvantaging in consequence
Sentencing guidlines like mandatory sentencing allows for equal sentences for the same crime |
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