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Intro to Criminal Justice > Ch. 11 > Flashcards

Flashcards in Ch. 11 Deck (23)
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Penalties imposed for committing criminal acts, to accomplish deterrence, retribution, incapacitation, and/or rehabilitation

Purpose of Punishment


A goal of punishment that states the offender ought to be made to experience revenge for his actions
Lex Taloinis-law (eye for an eye)



 Actions that are designed to prevent crimes from occurring
 People are much less likely to commit crime if they know that punishment will occur if they get caught



 Rendering someone as unable to act or move about, either through incarceration or by court order
 Prevents criminals from victimizing others
• Imprisonment in jails and prisons as well as execution



 Attempts to reform an offender through vocational and educational programming, counseling, and so forth, so he is not a recidivist and does not return to crime/prison
• Robert Martinson
o Nothing works in prison programs



 Incarceration will not involve cruel and unusual punishment and fines will not be excessive

8th Amendment


 Right against involuntary servitude

13th amendment


 Agreeing to engage in plea negotiation in terms of the number of charges filed, to limit the maximum penalty the judge may impose, by explaining to the sentencing judge that the offender was particularly cruel in his crime or cooperative with police/remorseful for the crime; some states allow sentencing recommendation



 Less influence over sentencing decisions than prosecutors
 Seek to obtain lightest sentence possible, including probation or other alternative to sentencing as well as emphasize minor involvement in the crime

Defense attorneys


 Most important factor in determining sentencing
 Next important is defendant’s prior criminal record

Seriousness of offense


 Laws transferred from England; rigorous punishment of violations of religious laws and banishment from community, fines, death, and other punishments, death penalty common

The Colonial Model (1600's-1790's)


• 1821, individual cell-block architecture to create rehabilitative environment, separate criminals from all contact with corruption, and teach them moral habits by means of severe punishment

Auburn Prison


• Fortress with thick walls, 1829, complete solitary confinement, new inmates wore hoods when marched to cells to avoid seeing other prisoners
• No visitors or mail, marching

Eastern state penitentiary


 Criminals are mentally ill, shifted to treatment
 Seen as persons whose social, psychological, or biological deficiencies has caused them to engage in illegal activity and who should be treated
 Federal Bureau of prisons

The Medical Model (1930-1960)


 Concern with rapidly rising crime rates
 Call for longer sentences for career and violent criminals
 Determinant sentencing laws, 3-strikes laws, mandatory sentencing laws

Crime control model


 A specific, fixed-period sentence ordered by a court
• Legislatively determined structure

Determinate sentence


 A scheme whereby one is sentences for a flexible time period (e.g., 5-10 years) so as to be released when rehabilitated or the opportunity for rehabilitation is presented

Indeterminate Sentence


 He will serve all 3 sentences together in a sort of “stacked” manner, or all at once

Concurrent sentence


 Each sentence will be served separately

Consecutive sentence


o An instrument developed by the federal government that uses a grid system to chart the seriousness of offense, criminal history, and so forth and thus allow the court to arrive at a more consistent sentence for everyone

Sentencing guidelines


• Provides comprehensive information on adult felony sentencing as set forth under state law, identifying the seriousness level of the offense and “scoring” the offender’s criminal history

The Adult Sentencing Guidelines Manual


o To absolve someone of criminal blame, or find someone not guilty



Include little or no prior criminal history – offender was acting under duress

Mitigating circumstance