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What phil. of punishment is The Death Penalty |
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Punishment intended to be an example to the public |
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Punishment inflicted on criminals inoder to dicourage them from commiting future crimes. |
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Involves the victim, community, and the offender |
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Specified a min or max served time. |
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Fixes the term to imprisonment of a specfic time served. |
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a sentence the legislature or a commission sets a min and max range of months or years.
judge sets length of the sentence w/in this range for special circumstances. |
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Determined by the statues |
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- Adopted by 26 states & the federal gov.
- Sentence w/ 3 felonies, to long term sentences.
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reduction of an inmates prison sentence at the discretion of the prison administor for good behavior or participation in the vocational educational or treatment programs |
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law that requires offenders to sereve a substanial proportion (85%) of their sentence brfore being released |
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- punishment that are less severe and costly than prison but more retrictive than traditional probation.
- Provide restrictions on freedom
- Exs: fines, home confinment, Intensive prob., restitution, community service, boot camp.
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- Sentence an offender is able to serve outside in the community
- 60% of adults under supervision
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A sentence an offender serves short-term and resentenced to probation |
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Supreme Court Case: Furman v. Georgia (1972)
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- Ruled cruel and unusual punishment.
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Supreme Court Cases: Gregg v. Georgia(1976) |
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- Judge and jury must consider two phases
- Trial phases & Punishment phase
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Supreme Court Cases: McCleskey v. Kemp(1987) |
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Supreme Court rejects Georgias death penalty on grounds of racial discrimination |
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Supreme Court Case: Atkins v. Virginia(2002) |
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Execution of the mentally retarded is unconstitutional |
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Supreme Court case: roper v Simmons (2005)
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Execution for a crime commited under the age of 18 is unconstitutional |
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Programs, services, facilities, and organizations, responsible for the management of people accussed or convicted of a crime. |
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- A house of hard labor where offenders would be imprisoned for up to two years.
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Pennsylvania System: Walnut Street Jail |
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Each inmated was held in isolation from other inmates. |
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Seperate Confinment Model: |
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Prisoners would not be treated vengenfully
Prisoners should be convinced that through hard & selective forms of suffering they could change their lives
Solitary confinement would prevent further corruption inside the prison
Offender would reflect on their transgressions & repent
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- 1819 NY opended a penitentiary
- Congregate system, prisoners were in isolation at night but worked w/ ther prisoners in shops during the day.
- Rule of silence
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The Lease System
In return for the clothes and food prisoners were leased to private parties who used them on plantations, farms, and mines. |
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Earning marks or credits towards released by labor. good behavior and educational achievement |
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A model of correction that emphasizes the need to restore a convicted offender to a constructive place in society through some fun of vocational educatinal training or therapy |
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A model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment |
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A model of corrections based on the goal reintegrating the offender into the community
Dominated corrections until 1970's |
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A model of corrections based on the assuption that criminal behavior can be controlled by more use of incarceration other forms of strict supervision |
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- Only 7% incarcerated population are women
- higher proportion of female defendants are sentenced to probation & intermediate punishments
- 34% violent/ compared to 54% males
- tended to form pseudo families
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Self-Defense
Defense of the third persons
Upholding prison rules
Prevetion of Crime
Prevention of Escape |
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Males more violent crimes
less violence in women prisons
More resposive to programs
Men seprated by security levels
Many women share their lives with officers |
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121,000 Offenders over 55 yrs old
The cost 69,000/year
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keep offenders in the community
building
Building ties to fmaily
employment
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Public often see's it as a "slap on the wrist " for offendrs
case loads/officer-cannot provid the level of supervicon necessary |
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Risk Management-
two basic goals |
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First- punishment should fit the offense, and correctional intervetion should neither raise nor lower the level of punishment
Second- the risk that the probaitoner will retuen to the crimes determines the amount and type of supervision |
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The probationer' sfailure to aide by the rules and conditions of probation as specified by the judge
officers have discretion |
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Dissatifaction with the traditional means of probation spervision, coupled with the crowding and high cost of prisons, has a resulted in the development of intermediate sancations. |
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the conditional release of an inmate from incaceration, under supervision, after part of the prision sentence has been served |
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Parole rest on 3 concept: |
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Grace- gov extnds the privilege of release
Contract- gov & prisoner- prisoner promises to abide by the coditions of release
Custody-he or she remains a responsibilty of the gov. |
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A term used in some states to avoid the rigidity of mandatory release, by placing convicts in various community settings |
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Release of a inmate from incaceration w/o further supervision; |
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Many have no dependable living or employment arrangements
most are unskilled or semi-skilled
Prison releases tend to be men in their 30's- inadequate education |
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How does governing prisons differ from administering other public institutions |
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The defects of total power
limitations on rewards & punishment
The co-optation of correctional officers by inmates through exchange relationships
The strength of inmate leadership |
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A model of incarceration that emphasizes security, discipline, & order – dominates most maximumsecurity institutions today |
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• Private facilities held 8% of all state prisoners and 16% of all federal prisoners
• 17% of estimated 30,000 individuals detained by ICE are held in private facilities |
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