Crm J 385: Exam #4

Understand the difference between the Due Process and Crime Control models

Herbert Packer (1964) proposed two ideal-type models The Crime Control Model - Emphasizes community protection from criminals and stresses that civil liberties can only have real meaning in a safe, well-ordered society. Criminal activity needs to be suppressed swiftly, efficiently, and with finality - "Assembly-line" criminal justice system. Police officers arrest, judges sentence. Appeal kept to a minimum. Assumes innocent people will be more efficiently screened out - The crime control model consists of two elements: (a) an administrative fact-finding process leading to the exoneration of the subject, or to (b) the entry of a plea of guilty The Due Process Model - Stresses the accused's rights more than the rights of the community - Obstacle course where impediments to carrying the accused's case further are encountered at every stage of processing - Numerous appeals may be filed - Factual guilt does not matter if legal guilty is not found

Dorothea Dix

Humanitarian, teacher, insane asylum reformer Preferred Pennsylvania model: benefit from separation from others Spent years visiting and researching prions. Found all prisons were overcrowded, understaffed, and leadership changed too often (in term changes the structure). Thought Eastern was superior, and Sing Sing inferior (thought non were good). Eastern was focused more on isolation Lash is necessary Did not like harsh punishment for minor crimes Wanted to track recidivism and increase education and programming

Differences between determinate and indeterminate sentencing

Indeterminate sentences - Prison sentence with a range in years - Determinate by convict behavior - Used to be common, tailored toward rehabilitation instead of punitive models Determinate sentence - Prison sentence with fixed number of months that must be served - Time off for good behavior still granted. Usually results in a shorter amount of time served in prison

Estelle v Gamble (1976)

Inmates have a reasonable right to medical care To be deliberately indifferent to medical needs of inmates would violate their 8th Amendment rights (no cruel or unusual punishment)

What was the first type of correctional facility to develop?

Jails were the first type of correctional facility to develop

Look over the information we discussed in class on Asian Americans.

Japanese and Chinese immigrants collectively represent the largest group of Asian Americans The Chinese Exclusion Act of 1822 - First restrictive immigration law in the country - Directed at reducing immigration from China - Not repealed until 1943 Employed in positions of cheap labor - When the economy soured, Asian immigrants blamed for taking jobs from poor whites. Placed on ships and sent home, even if they had been living the U.S. for decades Tend to be underrepresented in correctional facilities than their population in the community - Unclear why, could be related to: their tight-knit, supportive family structure and value of education and achievement in those communities

What % of delinquents are considered LCP offenders, and what % of delinquent acts does this group commit?

LCP constitute 7% of all delinquents, but 50% of delinquent acts

Look over the information we discussed in class on Hispanics

Latinos/Latinas: those who originally hailed from Latin America or whose ancestors did Mexican Americans: largest subgroup of Hispanics in the U.S. - They and their land were forcibly made part of the American Southwest - Mexico-American War from 1846-1848. Mexico lost almost half of its land (from Texas to California). Some of the Mexican in this territory were willing to become U.S. citizens In 2013, Hispanics constituted 21% of state inmates, but are only 17% of the population

Know the two types of feminism we discussed in class and which has historically triumphed.

Moralists (called social feminists) - Believed that some and girls involved in the criminal justice were, in effect, morally impaired and therefore in need of religious and asocial remedies - Classified women as good or bad. They were "good" if they acted in conformance with societal expectations for their gender role (labeled as Madonna's). They were "bad" if they acted in opposition to their expected gender role, perhaps not filling their role as wives or mothers, committing crime (labeled a wh*re) Liberal feminists - Believed that the problem for girls and women involved in crime lies more with the social structure around them and the solution lies in preparing them for an alternate existence so that they do no turn to crime - Believed that men and women are inherently equal The moralists won the argument over what causes female criminality - Consequentially, there has been over a century of correctional operation that has been overly concerned with the sexuality of females - Girls being arrested as minors for sexual crimes

Understand the trends in support for the death penalty

Most controversial issue in corrections 1966 - more people against than for (only year) 1994 - highest level of support (80%) 30 states, federal government, and military retain 20 states and DC abolished

Who is more likely to support, and who is more likely to oppose the death penalty?

Most likely to support - white conservative male who votes republican Least - black liberal female who votes democrat All categories more in favor than against, except those who are ideologically liberal

What is disparity?

Occurs when one group is treated differently and unfairly by governmental or other actors as compared with other groups

What is discrimination?

Occurs when people or groups are treated differently because of who they are rather than because of their ability or something they did Race, ethnicity, gender, age, disability, religion, nationality, sexual orientation or identity, income

What are the six causes of wrongful conviction?

1) Eyewitness identification - Most unreliable form of evidence 2) False confessions - Found in 27% of DNA exoneration cases 3) Bad science 4) Snitch testimony Informants awaiting sentencing 5) Ineffective defense counsel 6) Prosecutorial misconduct - Withholding exculpatory evidence (favorable to the accused)

What are the three ways juveniles can be waived to adult court? Which is used most often?

1) Judicial Waiver (48 states) - Juveniles judge decides, after a full inquiry, that the juvenile should be waived - In some states there are mandatory waivers for certain crimes where the judge is responsible for making sure the criteria is met 2) Prosecutorial Discretion (14 states and the District of Columbia) - Allows prosecutors to file some cases in either adult or juvenile court - Usually limited by age and seriousness of offense 3) Statutory Exclusion (38 states) - Waivers where states have excluded certain serious offenses from the juvenile courts for juveniles over a certain age

What is a profession? Know the five characteristics

1) Prior educational attainment involving college 2) Formal training on the job or just prior to the start of the job 3) Pay and benefits that are commensurate with the work 4) The ability to exercise discretion 5) Work that is guided by a code of ethics

Have juveniles ever been executed through the death penalty? Can they be today?

1973 - 2003, 22 juveniles offenders were executed in the U.S. Only applied to juveniles who have murdered in heinous and deprived ways After Roper v. Simmons (2005), it was ruled that juveniles can no longer be executed through the death penalty

Know what % of inmates in jails have not been convicted of a crime

60% of inmates have not been convicted of a crime

Understand the 8th Amendment and how it has been used to challenge the death penalty. Know the two court cases we discussed in relation to this

8th Amendment: Constitutional amendment that forbids cruel and unusual punishment Typically about constitutionally of method, not penalty. Infrequency of use gives judges and juries discretion in life-and-death decisions Furman v. Georgia (1972) - Supreme Court ruled the arbitrary way the death penalty is carried out is unconstitutional - Led is some states issuing mandatory death sentences for some murders Woodson v. North Caroline (1976) - Supreme Court struck down mandatory death sentences for certain crimes

What are the three elements of a bureaucracy?

A type of organizational structure that includes three elements 1) Hierarchy - One person at the top and an expanding number of people below at each level - Most formal power is at the top 2) Specialization - People in lower levels of hierarchy are hired based on their skills 3) Rule of law - The formal rules and regulations (internal as well as laws and legislation (external)

What % of death penalty executions have been women?

About 2% of people executed in the U.S.

Look over the notes you took during Melissa's lecture, there will be questions from this on the exam

Adverse Childhood Experiences (ACEs) 1) Abuse -physical, sexual, emotional 2) Neglect - physical and emotional 3) Family violence 4) Parental seperation and divorce 5) Household substance abuse 6) Household mental illness 7) Household incarceration Four or more ACEs have a greater risk of offending Mental health and substance on an effect on recidivism (they have a greater risk for recidivism) Females report more ACEs (related to abuse and neglect), men to report more on violence in the household. White youth report more ACEs African American youth report more household incarceration Limitations to ACEs: Tend to focus on the white experience. Doesn't account for the severity Solutions: counseling: target trauma (EMDR; Trauma-informed care)

Which race(s) and ethnicities are overrepresented in corrections, and which are underrepresented?

African Americans, Hispanics, and Americans Indians are disproportionately Asian Americans are overrepresented in federal prison (but underrepresented in the correctional facilities)

After adjusting for seriousness of crime, is there a race effect with the death penalty?

After adjusting for heinousness of crime, no evidence of race effect found

How long does a death penalty inmate spend on death row before execution, on average?

After appeals, average inmate has spend 15 years on death row Many die from other causes before this time

Alexander Maconochie

Alexander Macohochie laid the philosophical foundation of parole (1840's) Marks and ticket of leave (TOL) system at Norfolk Island, accused of coddling criminals

What are some of the primary arguments against the death penalty? Is it more or less expensive than a life without parole trial and sentence?

Arguments against: It does not act as a general deterrent Capital case, from arrest to execution, far exceeds costs of LWOP sentence. Hundreds of thousands of dollars Unconstitutional and imposed in an arbitrary and racially biased manner. Black defendants executed disproportionately to % in population

What is Cognitive Behavioral Therapy (CBT)?

Attempt to address dysfunctional cognitions, emotions, and behavior in a relatively short time through goal-oriented, systematic procedures using a mixture of operate psychology, cognitive theory, and social-learning theory Most of todays programming consists of this CBT and criminal thought - First lesson is criminals think differently than non-criminals - Brain studies show CBT changes brain processes exactly the way drugs like Prozac do

Jeremy Bentham (1748 - 1832)

Believed in the principle of utility: greatest happiness for greatest number of people. The proper function of the legislature is thus to make laws aimed at maximizing the pleasure and minimizing the pain of the largest number in society - the greatest good for the greatest numbers. Pain and pleasure drive human action Introduced the hedonistic calculus: humans logically weighting costs and benefits Human nature is hedonistic, rational, and endowed with free will Proposed the building of a special type of prisons - the panopticon. Melded the ideas of improved supervisions with architecture. Guard tower in the center, guard can see all the inmates, but the inmates could not see him. Cells would be large and airy, and could serve all purposes. He wanted inmates to be able to grow and reflect on their crimes, be treated as individuals, and be treated humanly - given clothes, well fed, supplied with beds and warmth, kept form strong liquors, medical and spiritual needs fulfilled, given opportunities for labor and education, be taught a trade, and helped to save for old age

What treatments are used most often for sex offenders?

Best treatment combines the biomedical with cognitive behavioral approaches Biomedical approach involves chemical castration. Depo-Provera works in males to reduce sexual thoughts, fantasies, and erections by drastically reducing the production of testosterone Seems to be effective when combined for sex offender treatment

What race prefers a prison sentence over probation, and which race prefers probation over prison? Why?

Black offenders prefer prison over community sentences Whites prefer community sentences over prison Why? - Blacks might be more able to accept prison and adjust to it over alternatives. More likely to find people they know and less likely to be threatened by prison life than whites - Blacks may prefer prison because the community alternatives mights subject them to abuse and harassment and revocation of their probation anyway

Norfolk Island

Brutal and violent island prison (English & Australians prisoners) located 1,000 miles off the Australian coast. Alexander Maconochi asked to be transferred to Norfolk to institute some ideas he had about prison reform

What is the name given to the process of trial in a death penalty case?

Capital cases: death penalty involves capital punishment

Which countries still use the death penalty? What makes the use of the death penalty in China stand out compared to other countries?

China and Saudi Arabia still use the death penalty In China, there are few chronic criminals because of their use of the death penalty. - World's leader in execution each year (at least 5,000 in 2009). May be applied for 55 different offenses (hooliganism, assault, indecent exposure). - Adjusting for population, China's rate of execution is 30x greater than the U.S. Two types of death sentence 1) Delayed sentence - Two-year suspension of sentence where the defendant can show they are reformed - If rehabilitated, death sentence is replaced with incarceration (otherwise executed) 2) Immediate sentence - Carried out within 7 days of sentence

General time periods, location, practices of punishment and/or holding of prisoners: New York Prison Model

Congregate work and eating, but silent and separate housing Two Prisons - Auburn Prison: Construction started in 1816, ended in 1819. Implemented the lockstep, striped uniforms, and the classification system (offense and gender). Slept in 7x7x3.5 cells at night, could not talk or look at each other during the day. Warden believed in the whip to gain obedience - Sing Sing: construction began in 1825 and was modeled after the Auburn prisons. 100 inmates from Auburn were picked to built Sing Sing (Lynds). Whipping was used to control inmates. Prison was full by 1830 after inmates were transferred from other facilities

What is the crack v. powder cocaine disparity and why is that disparity thought to be present?

Crack sentencing disparity linked to the race and class of the person associated with each drug. Poorer and disproportionately black and Hispanic people tended to use the cheaper crack and cocaine. Richer and disproportionately white people tended to use the more expensive power cocaine No evidence crack if more harmful or addictive than power cocaine Crack laws has had the effect of vastly increasing the incarceration of African Americans and Hispanics Though the law has changed, the disparity at the federal level is still 18 to 1

What is the definition of a delinquent? What is the definition of a status offense?

Delinquents: juveniles who commit acts that are criminal when committed by adults Status offense: offenses that apply only to juveniles (i.e. disobeying parents, smoking). Law assumes juveniles lack the maturity to understand long-term consequences. Constitute a vast majority of juvenile offenses

What is the HOPE program? Has it been shown to be effective in reducing recidivism?

Delivery of treatment and swift and certain punishment for violations. HOPE probationers more closely monitored for drug use and other violations than control probationers. Positive results in reducing recidivism after 1 year

Understand the three court cases we discussed regarding juveniles and the death penalty.

Eddings v. Oklahoma (1982) - 16-yo Monty Eddings shot and killed a cop during traffic stop, received death penalty - Supreme Court vacated sentences, stating the court must consider all mitigating factors (Eddings has been abused at home) Thompson v. Oklahoma (1988) - 15-yo William Thompson (with 4 others) found guilty of murdering his brother-in-law - Sentenced to death, appealed stating death penalty for 15-yo was cruel and unusual - Supreme Court agreed, making 16 the youngest age for a death sentence Roper v. Simmons (2005) - 17 -yo Christopher Simmons (and 2 others) broke into a home, kidnapped the owner, beat her, and threw her from a bridge into a river where she drowned - Received death penalty, sentence brought amicus curiae briefs from around the world. "Friend of the court" support for one side or the other - Supreme Court redrew the age line at 18. Used cases of mentally ill, stating juvenile brains are not developed so the same logic applies

Understand each of the Amendments that are discussed in chapter 14: Eight Amendment

Eighth Amendment: Constitutional amendment that forbids cruel and unusual punishment This punishment that is applied maliciously and sadistically for the very purpose of causing harm This can include both prison officers doing something they shouldn't, as well as failing to do something that they have a duty to do Liability attaches to prison officials for inmate-inmate assaults if officials display deliberate indifference to an inmate's needs (i.e. they knew of, but disregarded, an obvious risk to an inmate's health or safety)

Elmira

Elmira was founded in 1876 in New York and was aimed to be a model prison after calls of reform. Rehabilitation focus and graduated reward system (marks). Supposed to hire educated and well-trained stage, and remain under inmate capacity Zebulon Brockway appointed to head of the facility. He persuaded legislature to pass indeterminate sentencing (i.e. broad determined when someone was released). Men aged 16 - 30. Wanted to build a school, avoid the white, focus on physically Lack of funding and undertrained staff, violence was used as a control, but better than other prisons

General time periods, location, practices of punishment and/or holding of prisoners: Pennsylvania Prison Model

Emphasized silence and isolating inmates. This would allow inmates to reflect on their crimes and serve their penates for it Two prisons: - Western Pennsylvania Prison: Built in Pittsburg in 1821 and held inmates in complete solitary confinement. Inmates were in individuals cells and kept in silence. No labor was allowed, because it interfered with reflection and remorse -Eastern Pennsylvania Prison: Built in Philadelphia in 1829, largest prison in America in the 1820s. Known as "Cherry Hill" and was meant to replace the Walnut Street Jail. Inmates were only allowed to work from their cells, this was used to prevent inmates from coming in contact with one another and to keep them busy while they were incarcerated . Only contact allowed with clergy and vocational teachers. No visitors, mail, or newspaper (completely cut off from the outside work - a total institution). When moved within the facility, hoods were placed in their heads.

What is evidence-based practice (EBP)?

Evidence-Based Practices (EBP): to reduce recidivism, corrections must implement practices that have consistency been shown to be effective. The use of peer-reviewed research based on the best available data to guide policy and treatment decisions Research has shown the following 8 principles of EBP 1) Assess Actuarial Risk/Needs 2) Enhance Intrinsic Motivation 3) Target Interventions (i.e. risk principle, need principle, responsibility principle, dosage, treatment principle) 4) Skill Train With Directed Practice 5) Increase Positive Reinforcement 6) Engage Ongoing Support in Natural Communities 7) Measure Relevant Processes/Practices 8) Provide Measurement Feedback

Know what evidence-based and correctional quackery mean

Evidence-based practices: movement where in order to reduce recidivism, corrections must implement practices that have consistently been shown to be effective Correctional quackery: opposite of evidence-based. Continuing practices with little to no evidence of their effectiveness. Not considering evidence that is shown to be effective

Understand each of the Amendments that are discussed in chapter 14: First Amendment

First Amendment: Guarantees freedom of religion, speech, press, and assembly However, in a prison setting, these freedoms cannot extend to activities and materials that jeopardize prison safety of security The Court of ruled that... - Inmates have a right to free exercise of their religion for it trumps what might result in security problems - Religious freedom cannot extend to demanding alcohol or exotic foods to satisfy real or in invented riles requirements - Restrictions on inmates' rights to free speech can exceed those necessary to ensure safety and security - Black Muslin groups had the right to assemble for worship, but their rights to hold religious services could be denied if prison administrators considered such services to constitute potential breaches of security

Understand each of the Amendments that are discussed in chapter 14: Fourteenth Amendment

Fourteenth Amendment: Contains the due process clause, which declares that no state shall deprive any person of life, liberty, or properly without due process of law This is the legal basis for granting limited procedural rights to individuals under correctional supervision

Understand each of the Amendments that are discussed in chapter 14: Fourth Amendment

Fourth Amendment: Guarantees the right to be free from unreasonable searches and seizures For all practical purposes, inmates have no Fourth Amendment protections because their prison cells are not "homes" of personal sanctuary deserving of privacy Turner v. Safley created the "balancing test": the court must balance the rights of inmate against the interests of penological concerns of security and order

Herbert Packer

Packer proposed two "idea types" models (pure types that exaggerate differences), reflecting different values choices undergirding the operation of the criminal justice system

What are the five pains of imprisonment? Who came up with them? What are the effects of deprivation?

Pains of Imprisonment - Gresham Sykes Deprivation of Liberty - Inmates are not free to leave or move about the institution without permission - Inmates are cut off from family and friends Deprivation of Goods and Services - Inmates must surrender all property upon entering prison. Usually get it back when released. Property they can possess is strictly monitored by staff - Cannot chose doctors, barber, etc Deprivation of Sexual Relations (or heterosexual relations) - Conjugal visits. Few prisons allow, then few inmates within these prisons qualify - Sexual intimacy between same or opposite-sex staff and inmates is illegal Deprivation of Autonomy - Freedom from external control; independence - Inmates make few choices regarding their lives while imprisoned, and all those choices are shaped by their imprisonment Deprivation of Security - Thrown together with other inmates who may be violent or become so in prison - Some prisoners state that the worst thing about prison is living with other prisoners Effects of Deprivation - Can destroy the psyche of an inmate. Motivated to engage in deviance as a means of alleviating their pain. Bullying other inmates, involvement in gangs, buying items through the underground economy, and sexual relations might all be motivated by the need for autonomy, liberty, security, goods and services, and sexual gratification - Individuals experience these pains differently

What is patriarchy?

Patriarchy is one societal obstacle to achieving equal treatment Attitudes, beliefs, and behaviors that value men and boys over women and girls Beliefs that men and boys are worth more than women and girls Gender roles should be in place, and women (more so than men) should stick to their roles Many cultures today still hold these beliefs and engage in the practices that derive from them

William Penn (1644 - 1718)

Pennsylvania Colony governor and Quaker Also did not believe in harsh punishments (mainly corporal punishment) for minor offenses In 1682, he instituted the Great Law. Based on Quaker principles and de-emphasized the use of corporal and capital punishment for all crimes but the most serious. Instead, he proposed fines and jail time as a substitute for corporal punishment He was particularly influenced by his Quaker sentiments regarding nonviolence and the value of quiet contemplation

Look over the information we discussed in class on Native Americans

People who lived in the Americas when Columbus landed on an islands in the Bahamas in 1492 Over a few hundred years, only a small percentage survived. European immigrants relocated them through wars and treaties onto reservations. The reservations were forms of correctional institutions whose purpose it was to incarcerate a whole people on a peace of land by restricting their movement away from the reservations Currently 566 federally recognized tribes in the U.S.A number of the tribes have not received, or not sought out recognition Minor crimes by tribe members dealt with by the tribe. Felony offenses or off-the-reservation criminal activity by tribal members are handled either by the tribe, the state, or the federal government Some reservations have their own prisons and jails. Despite this, the number of Native Americans in federal and state prisons is often higher than their representation in the larger population

What types of treatment most often use pharmacological strategies?

Pharmacological strategies are used most often for addiction treatment and sex offender treatment. Pharmacological treatment with drug antagonists (block effects of other drugs) stabilizes brain chemistry and renders addicts more receptive to psychosocial counseling. Naltrexone is the only drug that has been successful in curbing both alcohol and drug addiction.

Early Intervention (not in S&W)

Placing children at risk for a criminal future into programs early in life to prevent them from developing into juvenile or adult criminals. Nurses visiting at risk mothers. This is extremely expensive and time consuming Not completely considered a correctional theory, it does not give advice on how to organize the correctional system. Corrections is more focused on punishing offenders rather than preventing crime in the first place Issues: - Hard to do empirical research. Any ideas on measurement? - This is not accepted by scholars due to these issues - Doesn't account for corrections, its before you enter the system, it shouldn't be a theory of corrections

Why are polygraphs and penile plethysmographs (PPG) used on sex offenders?

Polygraph can be used on sex offenders to get prior sexual history and sexual preferences Penile plethysmograph (PPG) also used to determine sexual preference

Be able to explain the Delaware Multistage Program

Program implemented in prison and transitioning into the community - 3 phrases 1) Offender spend 12 months in a prison-based TC called crest 2) Offender then spend 6 months in a pre-release TC called Key 3) They then receive an additional 6 months of counseling while on parole or work release Has been extremely successful in reducing recidivism

What is the age-crime curve?

Reflects an increase in offending beginning in early adolescence. Peak in mid-adolescence, steep decline in early adulthood, steadier decline thereafter Puberty brings a 10-20 fold increase in testosterone. Hormone linked to aggression and dominance seeking There are physical reasons why adolescents fail to exercise rational judgement. When the brain reaches its adult state, an adult-like personality emerges with greater self-control and conscientiousness. By age 28, about 85% of all former delinquents have desisted from offending

Know the names of the 7 punishment justifications (theories of corrections)

Rehabilitation, retribution, deterrence, incapacitation, reintegration, restorative justice, early intervention

What are Therapeutic Communities (TCs)? What are RSAT's?

Residential communities providing dynamic mutual self-help environments and offering long-term opportunities for attitude and behavioral change and learning constructive, prosocial ways of coping with life Hard for people who have never experienced discipline Operate inside prisons, but known as residential substance abuse treatment (RSAT) - Typically last 6 to 12 months - Inmates are separate from the general prison population

The Drug War

Rhetoric for the modern drug war was initiated by President Richard Nixon Ronald Reagan's administration was responsible for declaring a war on drugs and asking Congress to allocate money for prison and police President GHW Bush, Clinton, GW Bush, and Obama each continued to fund the research of the federal drug war Michelle Alexander argues - The drug war has been focused on minorities while a majority of drug users are white - The drug war has the practical effect of reinstating Jim Crow Laws in the U.S. Laws devised by Southern states following the Civil War to prevent African Americans from fully participating in social, economic, and civil life The War on Drugs led to a huge increase in non violent offenders going to prison for longer periods of time

What are instrumental and expressive violence?

Riots can use both instrumental (violence used to achieve an end) and expressive (violence used as an angry outburst) violent

What programs discussed in class fall under evidence-based practices?

Risk, Need, Responsively (RNR) Cognitive Behavioral Therapy (CBT) Substance Abuse Programming - HOPE - Hawaii's Opportunity Probation with Enforcement - Therapeutic Communities (TCs) - Delaware Multistage Program - Pharmacologist Treatment Anger Management Programs (CBT-based) Sex Offenders and Treatment - Pharmacologist Treatment (combines the biomedical with cognitive behavioral approaches) Mentally Ill Offenders Treatment (antipsychotic and anti-depressive medication)

Who is Robert Martinson and what is he most known for? You should know the name of his work and year it was published. Were his conclusions supported or refuted?

Robert Martinson's 1974 article: "What Works? Questions and Answers About Prison Reform" Martinson concluded: "With few and isolated exceptions, the rehabilitative efforts that has been reported so far have had no appreciable effect on recidivism" "What works" translated into "nothing works" Many programs Martinson surveyed sought to change behaviors unrelated to crime, and used programs that were not intensive with unskilled staff. Few based on proper assessment of offender risk and needs Recent studies have shown that programs reduce recidivism, if implemented correctly, about 10-20%

What guides the criminal justice system in Saudi Arabia? What crimes are considered Huddud crimes, and which are not? What is blood money?

Saudi Arabia follows Islamic law, originates in the Muslim holy book the Quar'an (Koran). Functions as a constitution. Shari'a law is extremely strict and rigid and informs all aspects of Saudi life, including corrections Huddud crimes are most serious in Islamic law. Punishments specified by the Qur'an and cannot be changed by mere morals. Adultery, 3rd time alcohol consumption, conversion of faith can all be sentenced to death. Murder not considered huddud, may be forgiven in exchange for blood money (diyya)

Understand the court case U.S. v Booker (2005), what the decision in the case was, and what the result of the decision was

Sentenced too harshly for the crime (possession of crack) - judge used evidence not presented before a jury. Booker admitted to have more crack than was found on him by police, but this was not part of the original charge - regardless the judge in the case used that information to influence his sentence Supreme Court ruled the judge had to re-sentence Booker By the time the case went back to court, sentencing had charged from mandatory to advisory and Booker received the same sentence (because the judge was allowed to go past the advisory guidelines)

John Howard (1726 - 1760)

Sheriff in Bedford, English who experienced in correction as a prisoner of war Spend his entire life attempting to reform corrections, with 5 central tenets: (1.) The fee system for jails should be ended (2.) Inmates should be separated by gender and offense (single cells would be optimal) (3.) Inmates should be provided with sanitary conditions and clean and healthful food and water (4.) Staff should serve as a moral model for inmates (5.) Jails and prisons should have a set of standards and be independently inspected to ensure these standards are maintained

Understand the history of slavery and its relation to corrections after the 13th Amendment.

Slavery has historically involved the involuntary servitude of black Africans by white Europeans and was practiced from the settling of the U.S.Many founding fathers were slave owners Slavery officially ended with the Civil War between the Northern and southern states and the 13th Amendment in 1865. It lived on in civil society and law for 100 years through discriminatory laws and practices Correctional institutions (particularly in the South) were devised to maintain the slave system. Newly freed and unemployed blacks were incarcerated for minor or trumped-up charges. Contract -and-lease systems used In the same time in the North and Midwest, black inmates were segregated from whites in prison and jail. Given substandard housing and least desirable work assignments Lynching of black men was practiced by many states well into the 1990's. 3,959 lynching in Southern states from 1877-1950. Public events, widely attended by whites, tolerated by officials, and used to enforce racial subordination and segregation Membership in the KKK was widespread among public and criminal justice officials (Supreme Court Justices, Congress) in the first half of the 1900's. Until the civil rights movements, there was rampant institutional racism. 2013 African Americans constituted about 35% of total state inmates, composed about 13% of the general population

Which type of deterrence is achieved through the death penalty?

Specific deterrence is achieved through death

Can people with a mental disability or mental illness be executed? What is the difference between the two?

States are constitutionally forbidden to execute the mentally disabled, but not the mentally ill - Decided in Atkins v. Virginia (2002) - Does not mean the mentally disabled cannot be held accountable for their crimes, just held at a lower standard Mental disability: lifelong condition of impaired or incomplete mental development, characterized by: 1) Significantly subaverage intellectual functioning (IQ of 70 or below) 2) Concurrent and related limitations in two or more adaptive skill areas 3) Manifestation before age 18 Mental Illness - Permissible to execute mentally ill, not mentally disabled because mental disability is permanent and unalterable, in most cases mental illness is not - Mental disability cannot be faked, mental illness can. Disability is recorded from a young age - Condemned mentally ill individuals can be executed if they are coherent enough to know they are about to die and rationally understand why

Know and understand the 4 security levels of prisons and the differences between each level. Which level are death penalty inmates held at?

Supermax Prisons - High-security prisons that hold those who are violent or disruptive in other prisons in the state or federal system (usually transferred from a maximum prison and they sentenced for committing a violent crime, might have mental health issues) - Common characteristics: 23 hours per day in cell, showers 3x a week while restrained, solo exercise a couple times per week, food served in cells (nutraloaf), no contact allowed without restraint, programs are performed through the cell door (if at all) - Supposed to hold dangerous offenders, violent gang members, those who pose an escape risk, and those with behavioral issues elsewhere - 2 - 3 times more expensive to build (materials) Maximum Security Prisons - Prisons where both external and internal security is high, and programs and contact with other prisoners and visitors are very limited - Differences from supermax: Not locked down as often, may be double-bunked unless specially classified, inmates have access to the yard, cafeteria, and chapel, visitations are more common without restraints - If death penalty is legal, death row is located in maximum-security prisons. Often have their own block and building, no contact with general population and different staff Medium Security Prisons - Prisons that have high external security but less restrictive internal security and more opportunities for programs (i.e. school, treatment, church, work) - Exterior security can be as tight as max or supermax prisons - Diversity in rooms, doubled or single cells used to encourage good behavior - Visitation less restricted, inmates sometimes permitted to leave on work assignments - Heavily engaged in industrial work (i.e. create furniture, clothing, license plates) Minimum Security Prisons - Prisons with relaxed external and internal security created for lower-level felony offenders who are not expected to be an escape or behavioral problem - More programming offered - Programs and visitation resembles medium-security, sometimes more lenient - Usually hold short timers. Close to release date. Can hold all levels of offenders

What are adolescent-limited (AL) and life-course-persistent (LCP) offenders? What are some distinguishing factors of each? Who coined these terms?

Terrie Moffitt (1993) named two types of youth offenders Adolescent-limited (AL) offenders - Youth who offend during adolescence but then desist - AL offenders tend to commit relatively minor crimes - Have developmental histories that place them on a prosocial trajectory that is temporarily derailed at adolescence Life-course-persistent (LCP) offenders - Those youth who continue to offend into adulthood - LCP offenders tend to commit serious crimes and begin offending prior to puberty and continue well into adulthood - They typically are saddled with neuropsychological and temperamental deficits

The New Mexico Prison Riots (1980)

The New Mexico State Penitentiary Riot over the conditions of confinement Despite requested warnings a riot would occur, the staff and administration failed to adequately prepare Started when a staff member did not lock a dormitory. He was grabbed along with the keys. Inmates swiftly moved through the prison Inmates gained control of several cellblocks. Pharmacy and shops. Drugs and weapons were readily available to the inmates as a result. Caused brutal inmate-on-inmate violence. Focused on snitches and child molesters who were kept in a separate cellblock. In 3 days 33 inmates were killed by other inmates. Numerous other staff and inmates were beaten and/or raped . Millions of dollars in damage was done State was eventually able to retake the prison

What is the RNR model? Understand the difference between each term. What are static and dynamic risk factors?

The RNR model is the premier treatment model in the U.S. and many other countries It maintains that offenders and the community are better served if offenders' risk for reoffending and their needs are addressed in a way that matches their developmental state Two types of risk: - Static factors are those that cannot be change (i.e. age, sex, criminal history, family background - Dynamic factors are referred to as criminogenic needs, they are factors associated with recidivism that can be changed (i.e. education, substance abuse, anger issues, poor social skills, poor attitude toward work or school, low self-control). RNR Model addresses these factors Risk principle: offender's probability of reoffending and maintains that those with the highest risk should be targeted for the most intense treatment Needs principle: offender's prosocial needs, the lack of which puts him or her at risk for reoffending, and that suggests these needs should receive attention in program targeting Responsively principle: a principle maintaining that if offenders are to respond to treatment in meaningful and lasting ways, counselors must be aware of their different developmental stages and learning styles and offenders need to be treated with respect and dignity

Where do the U.S., U.K., France, China, and Saudi Arabia fall on the due process/crime control scale?

The U.K. primarily a due-process system, though not to the extent of the U.S. Never embraced anything like the exclusionary rule (protection against unlawful seizures). Higher democracy score than the U.S., so they can interchange of scale France operate more in line with crime control model, emphasizing the rights of the victimized community (closer to crime control) China operates as a low-tolerance crime control model. Tries to implement a deterrence model (swift, severe, and certain) Saudi Arabia the system contains few procedural rules. Suspects have the right to confront their accusers and are assumed innocent until proven guilty. Extreme crime control model

Which countries have a form of probation/parole?

The United Kingdom, France, and China (only granted for first-time, minor offenses)

The Attica Prison Riot in New York (1971)

The bloodiest prison riot in American history Officer attempted to break up a fight. Another inmate then attacked the officer (everyone was punished in response to this). Violence spread the following day. Inmates come together to avenge the punishment of the two fighting inmates Reasons the riot was able to spread: Inmates frustrated with overcrowding and lack of programming. Conditions of confinement (showering and toilet paper rationed). Racism by staff. Student protests of the Vietnam War and civil rights movement on the outside Attica was unprepared for a riot, inmates easily took over Negotiation began, prisons asked for: Better food, health care, and the ability to practice their religion Governor Nelson Rockefeller was considering running for President. Did not want to appear soft on crime by negotiating. Inmates and administrators could not come to an agreement. Inmates wanted amnesty (pardon) for the rioters - this proposal was rejected On Rockefeller's orders, prison was stormed by police and correctional staff. Tear gas dropped by helicopters. Inmates and hostages fired upon with shotguns by staff and police. 29 inmates and 10 hostages killed, another 80 ad gunshot wounds. Inmates (even the ones with gunshot wounds) were beaten and humiliated. Medical care was delayed or denied State indicted 60 inmates, only 8 were convicted. Years later, $8 million granted to inmates, $12 million to survivors and families of the staff who were killed

What are the chivalry and evil-woman hypotheses?

The chivalry hypothesis - Executing women is repulsive because of their sex and status as mothers - Seen as people with mental illness rather than murderers (especially if they killed their own children) The evil-woman hypothesis - Counterpart to the chivalry hypothesis - Women who defy traditional gender roles by not enacting a feminine identity invite the wrath of the male-dominated criminal justice system

What is ethnicity?

The differences between groups of people based on culture Distinct language, values, traditions and a shared religion and history May be made up of several races and have a diverse national heritage. In the U.S., Hispanic is applied to an entire group including white, black, and Asian racial groups whose ancestors hail from Cuba, Puerto Rico, Mexico, or Central or South America

What is DWB? What are some of the effects we discussed in class?

The practice of police focusing law enforcement attention on black or brown skinned drivers Police tend to stop older vehicles, which are often owned by poorer and minority group members Self-report surveys tend to portray that minorities are pulled over and have negative outcomes more often than white drivers. Tickets, negative encounters

What is race?

The skin color and features of a group of people

Retribution (or Just Deserts)

This is a non-utilitarian theory, because no other purpose besides punishment Punishments match degree of harm inflicted (i.e. is what they justly deserve.) Taps into our most primitive punitive urges. Treats offenders as free moral agents, instead of blaming circumstances for their actions

Reintegration (or reentry)

This is a utilitarian theory that aims to use the time criminals are under correctional supervision to prepare them to reenter the free community as well equipped to do so as possible Not much different than rehabilitation. More pragmatic, focusing on programs such as job training rather than attitude changing

Rehabilitation

This is an utilitarian theory that is primarily a positivist concept. Aimed at 'curing" criminals of their antisocial behavior, based on medical model. Criminal behavior is a moral sickness that needs to be treated. Now this views criminality as "faulty thinking" and vies criminals as in need of "programming" rather than "treatment." Goal is to change offenders' attitudes, not deter the threats of punishment Doesn't assume individuals consider the outcome of their behavior before committing a crime

Restorative Justice (not in S&W)

This is an utilitarian theory thats goal is for all harms to be rectified and the injured parties to be restored. Apologizing, providing restitution, community service. In exchange, the offender is, ideally, forgiven by the victim and accepted back into the community Issues: - Has potential to work for minor crimes, not more serious crimes (mostly used for juveniles) - Little evidence-based support - This is not accepted by scholars due to these issues, specifically it doesn't address all crimes, just minor ones

Incapacitation

This is an utilitarian theory. The inability of criminals to victimize people outside of prison walls while they are locked up. Works while individuals are incarcerated and has nothing too useful say about those who return to society after their prison sentence. Weighting costs and benefits to society Selective Incapacitation: reserves prison for most dangerous, violent, and repeat offenders. The main issue is with identifying high-rate violent offenders before they become such offenders

Deterrence

This is an utilitarian theory. because it seeks to sanction offenders not only to sanction them, but for some other purpose (i.e. reduce crime and recidivism). The prevention of crime by the threat of punishment. There are certain issues with ensuring certainty, swiftness, and severity, which can affect the influence deterrence has on individuals Two types: - Specific deterrence: this supposed effect of punishment on the future behavior persons who experience the punishment - General deterrence: the presumed preventative effect of the threat of punishment on the general population. Aimed at potential offenders - every crime needs to have a set punishment so people are deterred from committing that crime to avoid said punishment

Know who typically runs jails, and at what level of government

Usually operated by the Sheriff of a county (sometimes administrators) Some cities, states, and the federal government operate jails Small counties may combine resources to run a jail About 2,900 jails in the U.S. 68 operated by American Indian Tribes State or federal government sometimes ask the county jail to hold inmates if they don't have jail in the area or their jail is full. County paid per inmate

Understand the recent Washington State Supreme Court case regarding the death penalty

Washington State Supreme Court unanimously struck it down in 2018 Unconstitutional and imposed in an arbitrary and racially biased manner Death sentences converted to LWOP The last sentence carried out was in 2010

Cesare Beccaria (1738 - 1794)

Wrote essay on Crimes and Punishment. Plea to humanize and rationalize law Make punishment just and reasonable The punishment should fit the crime and should be identical for identical crimes, proportion to the harm done, and applied without reference to social status. Issue with secret accusations Certainty, Swiftness, Severity (severity of punishment should just pass the advantage from the crime)