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Reiman’s 5 characteristics |
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Definition
| 1. Should there be victimless crimes 2. Give prosecutors judges and police discretion on who gets arrested, charged, and what sentence they receive. (this will create a situation where people who commit the same crime go free). 3.Prison should be painful and demeaning 4. Prisoners shouldn't be trained in any skill. 5. Those released from prison should be stigmitized. |
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| Packer's definition of punishment |
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| 1. The presence of an offense 2. The infliction of pain on account of the commission of an offense. 3. A dominate purpose that is not tocompensate the victim. (NOT Rehabilitation of Revenge BUT Deturrence and Retribution). |
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Social control (informal) |
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| 1. Peer pressure- we influence each other's behavior. In order for it to work there has to be an equal assumption of peer relationships. |
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| explicit rules of conduct, planned use of rewards and penalties to support these rules, designated officials who create, interpret, and enforce the rules. |
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497 sentanced inmates per 100,00 people
- 3059 out of 100,000 black
-1252 out of 100,00 hispanic
-456/100,000 white
-112,797 women 6.8% |
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| Law of retaliation. As the victim you are responsible for punishing the offender. |
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| First written code of law, king of babylon, first leader that tries to lay out cj system, first to include system of fines |
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| First to include a system of penal labor and forced servitued |
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| emperor of rome, spelled out all laws, survived in written format |
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| ruler of greece, first time slaves and free people can receive the same punishment, first to allow any citizen to prosecute of the behalf of the victim |
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| used in England, required you to work on ship, some were not even guilty of crime |
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| (bridewell jail) elements of jail work house and poor house, Congregate system- everyone is one room, Jail fever- within 7 years most prisoners would die, full factory in institution, used in england, make work device crank all day make cannon balls |
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| MOST COMMON, banishment- first sent people to american colonies 1596- 1776 ( 7 year service of indentured servitude), then to australia after 1776 160,000 people sent there, those sent would serve 7 years in australian prison |
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| physical punishment, flogging or whipping, stotch, branding, maiming |
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| historical execution, beheading, boiled alive, branzen bull |
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| 5 methods of execution that can still be used today, lethal injection ( Missouri protocol- 3 chemicals = anasthetic, paralyze, heart attack. Ohio protocol- 1 chemical= OD of anasthetic), eletricution- dentist created the chair, firing squad- 2010, gas chamber- 1999, hanging 1996, South executes the most, 1700's CALLED THIS BECAUSE CORRECTIONS WERE BASED OFF OF RATIONALISM AND REASON |
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| organized according to the feudal system, wergild- "man money" money paid to relatives of a murdered person or to the victim of a crime in order to prevent blood feud between the families, benefit of cleregy- the right to be tried in an ecclisiastic court where punishment was less sever than those meted out by civil court given the religious focus on penance and salvation |
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| usually someone with a degree for example probation officers, correctional officers, counselors, and psycologists works closely with non professional staff |
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| Non- Professional staff ( does not communicate well with professional staff which causes problems of dealing with prisoners) |
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| usually only high school degree example jail correctional officers, often organized under military like style. |
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| Informal interconnections create uneasy tension. Sheriff and probation officer don't work together because they're worried about their own case loads |
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| Public service workers who interact directly with citizens in the course of their work, granting acess to government programs and providing services within them |
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| operated by government, paid for by tax payers, state and local level cj sometimes compete for money causes overlap in programs, dispute over orginizational turf |
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| Basis of all social action must be the utilitarian concept of the greatest good for the greatest number of people, crime must be considered an injury to society and the only rational measure of crime is the extent of the injury |
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| Italian philosopher, Essays on crime and punishment 1764 first secular explanation of crime, Prevention is more important than punishment of crime, must be established law that everyone can understand, secret accusations and torture must be abolished, every accused has right to speedy trial and humane treatment ( due process), purpose of punishment is detturence not social revenge (certainty and swiftness is more important than severity), More prisons with better quarters classified by age sex and degree of criminality. U.S CONSTITUTIONAL INFLUENCE 5th 6th and 8th amendment |
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| England 1840s, hedonistic calculus- you can quantify the pleasure to pain principle, Penopticon- guard in middle cells surround him Statesville only prison still using this |
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| More humane prisons, 1775 he gets captured by pirates and held captive says 1. elimination of free system- prisoners must pay for their luxuries 2. Regular inspection of prison and jails 3. Provision of sanitary and healthy facilities, Emphasis on reformation of inmates, remove mentally ill, seperation of women and children from adults |
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| 1703 in Rome first prison to use cells and house juveniles only |
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| Ghent Belgium 1773, used classification system to house men women and children |
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| prior to 1810 few states had these, by 1860 28 out of 33 states had 1, quiet silence with regular routine in there, openess in america was thought to cause insanity |
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| rehabilitates the poor, on outskirts of town participants were given regular routines, treatment depended on work age and health |
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| Walnut street jail- first real jail 1790, eastern state 1829- 1962 gothic model started by quakers, 1. total silence 2. individual work 3. reflection throughthe bible 4. never come out of the cell 5. segregation into individual cells 6. outside cell design, PURPOSE: 1. prisoners would not be treated vengefully 2. solitary confinement would prevent further corruption 3. in isolation offenders would reflect on their transgressions 4. solitary is the punishment |
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| congregate system- penitentiary system where inmates were held in isolation at night but worked with other prisoners during the day under a rule of silence |
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| penal farms and lease system- a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor, in southern states prisoners were used as field labor |
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| prisoners were also used as laborers, Gold Rush |
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| mark system- offenders are assesed a certain number of marks, based on the severity of their crime, at the time of sentencing. Prisoners could reduce their term and gain release by reducing marks through labor, good behavior , and educational acheivment. |
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| intermediate system- prisoners spent a period in solitary and then were sent to public work prisons where they could earn positive marks. when they had enough they were transfered to halfway house (intermediate stage), then put on parole (ticket-of-leave) |
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| first place declaration of principals was put into effect, grade system- every starts off at grade 2 can earn 3 marks in each area a month: behavior work and education, once you get 54 marks you can get to grade 1 then after another 54 marks you can leave, you have a job waiting for you where you were supervised by employer, officers, and community |
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| warden of elmira until 1900, punishment ritual- when inmate does wrong 2 or 3 biggest guards go get inmate, if inmate refuses 3-5 guards rush the cell with iron hook (sometimes heated) and grab prisoner also used wet leather strips |
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| those who do wrong should be punished a like in proportion of the offense or the extent to which others were made to suffer (eye for an eye), argued it's based on human emotion, the punishment is the expression of the communities disapproval of the crime, no limit to what the punishment can be, there needs to be some kind of connection between the crime and the punishment (look to the past to see what they did) |
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| seek to detour potential criminals by providing sanctions laid on the guilty, general- punish offender to control everyone elses behavior 1. punishment has to be made public 2. has to be certain 3. has to swift , specific- punish indivdual to control that individuals future actions 1. punishment doesn't have to be public 2. doesn't have to be certain 3. doesn't have to be swift |
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| physically restrain offenders from being able to offend again, death pentalty, maiming, fine, probation |
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| most humane, Medical model- treats crimes as though it's a disease, assumes we canfigure out why someone commits a crime and give treatment, no punish ment just treatment, looks to the past |
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| tries to help entire community not just the offender when a crime occurs it violates the trust of the community. 1. the offender has to take responsibility for their actions 2. victim has to be willing and able to forgive and tell how the crime harmed them 3. community has to be willing to provide and opprutunity for redemption for the offender and support for the victim, community service as a punishment |
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| inmate receives a fixed sentence judge decides on how long you will serve in prison sentence is definite, under mandatory the legislature are the ones who decide the punishment |
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| judge sentences a range of sentences like 1- 10 years how long you serve depends upon correction officials |
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| whatever sentence you get do away with parole you have to do a certain amoount of the sentence usually serve 85% of it |
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| system of government in which power and responsibilities are divided between a nation govt .and state govvt. |
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| detention facility that combined the major elements of a workhouse, poor house, and penal industry by disciplining inmates and setting them to work |
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| abandoned english ships converted to hold convicts |
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| the great law- emphasizes hard labor in a house of correction as punishment |
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| developed the congregate system |
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| major contributor to the cincinatti declaration of principles |
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| based on assumption that human behavior is a product of biological, economic, psychological, and social factors and that the scientific method can be applied |
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| designed norfolk prison colony which provided individual treatment programs abd involved inmates running the community |
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| first director of feder prison bureu wanted prison reform |
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| model that says crim can be controlled by more forms of incarceration and stricter punishments |
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| reduction of sentence due to good behavior |
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| short sentence followed by probation |
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| report given to judge about offender's background used to determine sentence |
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| different sentences for different crimes where no reason can be given |
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