Intro to Corrections Exam #1

What is galley slavery?

A galley slave was a slave rowing in a galley - a convicted criminal sentenced to work at the oar

Why is Cooper v. Pate important?

Cooper v. Pate (1964): Freedom of religion No longer seen as "slaves of the state"

Describe the differences between generation jails. Which one is most effective?

1st (linear): - Long hallways - Little interaction with incarcerated people 2nd (podular/remote): - Secure control booth for staff 3rd (podular/direct): - No secure control booth for staff - Staff sits at desk in middle of the unit - Maximum interaction

What levels do jails generally operate (local, state, or federal level)?

Generally operate at the county level - Texas does have 'state jails'

What are the goals of industrial prisons?

Goal became to make profit using the labor of incarcerated people

What are drug courts?

Has special/limited jurisdiction - Help handle drug cases

What is double jeopardy?

If defendant found innocent, the state cannot appeal because of double jeopardy

What is a habitual offender law?

Imprisonment without parole for the third felony offense

What is the difference between determinate and indeterminate sentencing?

Indeterminate: Precise length of time unknown at sentencing 10-25 years Determinate: Fixed period of incarceration imposed at sentencing

Who determines the sentencing range?

Legislature & sentencing commissions determines range

What is a mandatory sentence?

Legislatures require a prison term to always be imposed for particular convictions

What is Selective incapacitation?

Try to single out the most active people committing crime and incarcerate for long periods of time (find high-risk people and lock them up)

What is overcrowding? What are ugly beds?

Ugly Beds: Beds in gyms, libraries, hallways, etc. because lack of space

Who was Zebulon Brockway? What did the reformatory stress?

Zebulon Brockway was the first superintendent Reformatory Stressed: Released earn through marks system (indeterminate sentences) - Educational and vocational training - Military-type discipline

Describe Maconochie's mark system.

a penal system that allows prisoners to earn privileges and early release by accumulating "marks" through good behavior, achievement, and thrift.

What are the four outcomes of appeals?

Affirm verdict: agree with lower court Modify verdict: change lower court's decision Reverse verdict : overturn lower court's decision and free person Reverse and remand to a lower court: overturn a lower court's decision and send back down for retrial/resentencing

What is Collective incapacitation?

All people committing the same crime get the same punishment

What is an appeal?

An appeal is a petition to a higher court to reverse procedures and protect offenders based on due process issues

Who completes a PSI?

Completed by a probation officer

What is a concurrent sentence?

Concurrent: serve all the sentences at the same time, with the prisoner being released after the longest term ends

What is a consecutive sentence?

Consecutive: a court imposes two or more terms of custody time and you serve one term immediately following another.

What are two of the three types of prison industries?

Contract System Piece-Price System Lease System

Why is Estelle v. Gamble important?

Estelle v. Gamble (1976): Adequate medical care

What is retribution?

Eye for an eye or getting even with the person - Punishment should be proportionate and fit the crime

Victim-impact statements?

occur so victim can state how the crime has affected their lives

What are some advantages to alternatives to jails?

- Alternatives usually cost less than detention - Those released before trial do better than those held in jail - Alternatives appear to be as effective as jail - Alternatives can reduce jail populations

What is banishment? Transportation?

- Banishment: cast out of the area as a form of punishment - Transportation: banishment of people to a different location ex. Norfolk Island

What is corporal punishment? Give an example of how this is done. What is capital punishment?

- Capital punishment: results in the death of the offender. - Corporal punishment: uses pain or harm inflicted on the body of the offender

What three elements are necessary for deterrence?

- Certainty (Most important) - Celerity (Swiftness) - Severity (Component most associated with corrections)

What was the Newgate Prison?

- Copper mine - One of the earliest prisons

What is the importance of Walnut Street Jail?

- Deemed America's "first" penitentiary (1790) - Designed for reform - Worked during the day on handicrafts in silence (8- 10 hours) - Religious instruction

Besides punishment, what were three other functions of early jails in Europe?

- Detain people before trial - Coerce payments of debts and fines - Religious indoctrination

What are the two main functions of jails?

- Detain those awaiting trial (innocent until proven guilty) - Hold those sentenced to short sentenced

What did Jeremy Bentham argue? What is the Panopticon?

- Maximize pleasure and minimize pain - Calibrate punishment to deter people from crime (negate pleasure achieved through crime) - Graduated penalties and good conditions - Panopticon: a disciplinary concept brought to life in the form of a central observation tower placed within a circle of prison cells

What is a presumptive sentencing structure?

- Only criminal history and offense level - Sentence ranges are in months

What are three ideals Cesare Beccaria discussed in An Essays on Crime and Punishment?

- Written laws - Public trials - Swift, severe, and certain punishment

What is lex salica?

Atonement of wrongs by payment to appease the victim's family

Auburn System

Auburn: Individual cells, large work areas, enforced silence at all times, striped uniforms, and "lockstep" formations - Referred to as the silent system - Locked in cells at night, congregate work in the days - No visitors but people could pay to look like a zoo - Profitable to operate because of the labor - Punished with solitary confinement, whipping

What is a split sentence?

Both probation and incarceration Work release

What is restorative justice?

Crime is an injury - All parties should be part of the response; however, the victim is central in deciding how to repair the harm - Goal is to repair the harm and rebuild relationships, not punishment

What is a prison hulk?

Decommissioned naval ships used to house people

Describe defiance theory. In other words, when does punishment increase crime? Decrease crime?

Decrease in Crime: fairness and legitimacy of experienced punishment are essential for the acknowledgement of shame, which conditions deterrence. Increase in Crime: When punishment is perceived as unjust by the offender, it can lead to unacknowledged shame and defiant pride that increase the chance of engaging in future crime.

What is rehabilitation?

Desire to transform people identified as delinquent/criminal into a responsible members of society through a theory-based program

What is deterrence?

Deterrence: make the punishment of a crime outweigh its rewards

Who usually imposes a sentence?

Judge - Jury imposes capital cases

What is the difference between judicial and administrative sentencing?

Judicial: Judge solely decide Administrative: Length of a sentence is determined by administrators of the correctional system - Examples: Good time credit, parole, etc

What is the difference between a misdemeanor and felony?

Misdemeanor: less serious offense with punishment of up to a year in a jail Felony: more serious offense with punishment of over a year in a prison or death

What are four problems with jails?

Old Dirty Overcrowded Suicide

What is friedensgeld?

Paying restitution to the Crown and the victim

What did John Howard do for prison reform?

Penitentiary Act of 1179 - Secure and sanitary structures - Systematic inspection - Abolition of fees - Reformatory regime

Pennsylvania System

Pennsylvania: - Advocated repentance through solitary confinement, reading the Bible, and reflecting on one's sins - Referred to as the separate system - Solitary confinement and work stressed - People reduced to numbers (no names)

What are the three main correctional ideologies in corrections?

Prevention-oriented: Reduce criminal behavior Punishment-oriented: Painful sanctions Rehabilitation-oriented: Treat people

What is meant by price-tag justice?

Price Tag Justice: term used by incarcerated peoples to refer to fines imposed on them

What is a suspended sentence?

Probation and deferred sentence

What are the pros and cons of determinate sentencing?

Pros: Fewer differences between people with similar offenses Cons: Overcrowding Harsh prison sentences Diminishing returns Shifts discretion to prosecutors and legislatures, not judges

Four types of Plea Bargaining:

Reduction of charges (charge bargain) Reduction in number of charges Recommendation of leniency (sentence bargain) Change charges to less stigmatic ones (e.g., child molestation to aggravated assault)

What are the four main philosophies of punishment?

Retribution Incapacitation Deterrence Rehabilitation

What four principles does effective rehabilitation need to take into account?

Risk Need Responsivity Professional Override

Describe the role of the prosecutor.

Seeks to provide justice - Can decide to fully charge, dismiss, or reduce charges

What is a blood feud?

Series of retaliatory acts where the offender's family would be attacked

What is weekend confinement?

Serve sentence on weekends - Allows people to maintain steady employment - Check in Friday after work and leave Sunday morning

What is a mandatory minimum?

Set minimum number of months/years for particular crime (e.g., must sentence to at least 3 years for a gun possession)

What is shock probation?

Short incarceration then unexpected probation

What did William Penn believe was an effective form of punishment?

The Great Law: established liberty of conscience, extended manhood suffrage, and limited the death penalty to relatively few offenses - More humanitarian treatment - Hard labor was more effective than death and compensation to victims

What is an allocution?

The direct address between the judge and the convicted defendant prior to sentencing. During the address, the judge speaks directly to the defendant and asks if the defendant has anything to add prior to hearing the sentence.