SOC 220: The Strategies of Deterrence and Incapacitation

How have researchers tried to determine if punishments have a general deterrent effect? Summarize the major research findings regarding general deterrence.

1. Compare geographic areas that differ in terms of certainty/severity of punishment 2. Taking account of third variables and doing longitudinal studies 3. Certainty of punishment 4. Focus on increasing the severity of punishment Increasing certainty has a moderate effect on reducing delinquency, increasing severity has little to no effect.

Many argue that increasing the certainty and severity of punishment will reduce delinquency in three ways (or for three reasons). What are these ways?

1. Deter juveniles who are punished from committing further delinquency 2. Deter juveniles in general population, including those who aren't being punished 3. Result in more juvenile offenders being locked up, which will reduce crime on the street

List three ways in which states have tried to increase the number of juvenile offenders waived to adult courts.

1. Lower age necessary for waiver 2. Waive certain type of cases to adult courts 3. Prosecutors given power to decide whether certain cases meet adult court criteria 4. Some law cases are automatically tried in adult courses for older juveniles who commit serious crimes / have previous records

Briefly describe the major ways in which juvenile courts have tried to get tough with offenders in recent years. What does the evidence say about the effect of these get-tough measures on how juvenile offenders are treated by the justice system?

1. Mandatory minimum sentences and sentencing guidelines 2. Blended Sentences 3. Waiver to adult court Juveniles resulted in serious changes for serious and chronic offenders with more of them serving time in adult jails (6x)

Why doesn't punishing offenders deter them from further delinquency?

1. Punishment is not dealt out in an effective manner. 2. Many juveniles are not very responsive to punishment 3. Major causes for an individual's delinquency aren't being addressed through punishment 4. Punishments may sometimes backfire and increase the likelihood of delinquency

Many argue that the juvenile court is not tough enough in dealing with serious offenders. What do the data say in this area? (Describe data on the punishments received by serious offenders in juvenile court and on the punishment given out in juvenile versus adult court.)

69% formally processed 60% were adjudicated delinquents 2% waived to adult courts Most serious offenders referred to juvenile courts do not receive severe sanctions Adult courts more likely to incarcerate serious juvenile offenders and incarcerate them for longer period of times than juvenile courts

What are mandatory minimum sentences?

A predetermined amount of time is given to an offender usually for serious crimes

What is deterrence?

Based on the fear of punishment.

What is general deterrence?

Deter the general population from committing further crime

What is specific deterrence?

Deter those were punished from committing further crime

What is meant by "deterrence"? How is deterrence related to control and social learning theories?

Deterrence is based off of the fear of punishments --- punishing offenders deters other people from committing crime. Control --- Direct Control ~ probability of criminal acts will be detected and punished by others Social Learning --- Delinquency is less likely if punished ~

The OJJDP advocates a system of "graduated sanctions." Describe this system.

Immediate sanctions for first-time nonviolent offenders, intermediate sanctions for more serious offenders, and secure care programs for the most violent offenders.

What are graduated sanctions?

Immediate sanctions for first-time nonviolent offenders, intermediate sanctions for more serious offenders, and secure care programs for the most violent offenders.

How might we go about increasing the certainty of punishment?

Increasing the police staff and the juvenile court staff in order to punish the juveniles. Increasing crackdowns through a rotating crackdown. Providing more resources for the juvenile courts and correctional agencies.

What are the disadvantages of incapacitation as a crime control strategy?

It's difficult to determine who are high-rate offenders. Ethical problems of someone who commits the same offense with one being "predicted" as going to commit more being given more time than someone who is predicted as going to commit fewer future offenses.

List two ways in which the confidentiality of juvenile court hearings has been reduced

Juvenile court hearings used to be closed to public and name never revealed. Now less concern for protecting juvenile offender and more concern with protecting society. 1) Require permit/open source hearings for juveniles accused of certain serious crimes 2) Allow the names of juveniles convicted of certain serious offenses to be released to the public 3) Allow greater access to juvenile court records 4) Make it more difficult for juveniles to expunge or destroy their court records

What are blended sentences?

Juvenile courts can sentence serious offenders to long period of confinement by beginning their time in juvenile correctional institutions then adult institutions

Why doesn't the juvenile court system give out more severe sanctions?

Juvenile courts can't sanction an individual without good evidence that they committed the crime. Emphasis on rehabilitation over punishment

What is group effect?

Juveniles commit crimes in group and locking up one in a group does not stop the rest from committing the crime

Briefly describe mandatory minimum sentences, sentencing guidelines, and blended sentences.

Mandatory minimum sentences --- Certain offenses have a minimum amount of time that someone must serve Sentencing Guidelines --- Taking into account the offense, extent of prior record, and age, the juvenile receives a recommendation of a minimum sentencing and a maximum sentencing Blended Sentences --- The juvenile court needed to be able to be more powerful, so juveniles may spend their juvenile years in a juvenile facility and then transition into an adult jail.

What is substitution effect (regarding incapacitation)?

No crime is prevented because people are interchangeable. One criminal is caught then another person replaces them . It's higher for certain crimes like drug selling

What is Incapacitation?

Reducing crime by locking up or incarcerating specific individuals so that can not commit crimes on the street

What is "general deterrence"?

Punishment deters delinquency among juveniles in the general population, including those who were not punished.

How can we punish in a more effective manner?

Punishments are likely to deter further crime under the following circumstances: 1)The likelihood of meaningful punishment is high 2) Individuals who are punished have some concern for the costs of crime 3)Punishment is combined with rehabilitation 4) Steps are taken to minimize or counteract the negative effects of punishment

How have researchers tried to determine the size of the incapacitation effect? Why do researchers sometimes overestimate the size of the incapacitation effect?

Researchers examine how many crimes an offender commits each year that they are free and then multiply it by how many years they are in prison to show how many crimes are prevented per year.

What is the restorative justice approach? Describe the goals of restorative justice, how the approach is implemented (e.g., the conference), and how the approach tries to sanction in a more effective manner.

Restorative justice approach ---Sanction offenders in a more effective manner by holding delinquents accountable for their offenses and impose meaningful sanctions on them. Restorative Justice Conference --- The conference includes the offender, the offender's family, supporters of the offender, the victim, a few supporters of the victim, police to have the victim describe the wrongdoing, the community representative discuss the effect on the community, and discuss how the crime might be repaired. Restitution. The approach tries to sanction more effectively because it tries to approach it in a way as to not increase the likelihood of further crime and address parts of causes of crime beyond direct control.

What does the evaluation research say about the restorative justice approach?

Restorative justice approach attempts to sanction offenders in a way that does not increase the likelihood of further crime. Also tries to address at least the causes of crime beyond direct control

What is restorative justice?

Sanction offenders in a more effective manner by holding delinquents accountable for their offenses and impose meaningful sanctions on them.

What is "selective incapacitation"?

Selective incapacitating involves choosing to confine high-rate offenders to create a bigger incarceration effect.

What is selective incapacitation?

Selectively confining high-rate offenders

How have researchers tried to determine if punishments have a specific deterrent effect?

Sending juvenile offenders to institutions if no more effective at reducing offending than many community-based alternatives. They conduct studies on the effects of each punishment.

What are sentencing guidelines?

Sentencing guidelines typically classify the juveniles into categories based on seriousness of offense, extent of prior record, age then specify minimum and maximum sentences for juveniles in each category.

What is "specific deterrence"?

Specific deterrence is reducing the likelihood of delinquency among those who are punished

Why do we suggest that efforts to incapacitate juvenile offenders have only a modest effect on the level of juvenile crime?

Substitution Effect ---- Someone else takes place of the offender so when one person is locked up, another person is committing the crime. Group Effect --- Juveniles typically commit crimes in groups so the group may continue with the crimes even after someone is locked up Juvenile offenders mature out of delinquency when they get jobs, enter college, or form families of their own Additional offenders may be exaggerated because additional offenders may not commit as much crimes as the offenders who are already locked up. They might commit crimes at a lower rate

What is restorative justice conference?

The conference includes the offender, the offender's family, supporters of the offender, the victim, a few supporters of the victim, police to have the victim describe the wrongdoing, the community representative discuss the effect on the community, and discuss how the crime might be repaired. Restitution

What is certainty and severity of punishment?

The extent of the punishment and how much it's guaranteed for the offender which increases the fear of punishment among those who are punished and those in the general population

What is meant by an "incapacitation effect"?

The incapacitation effect is how many crimes are prevented by locking up offenders.