Term
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Definition
| Part of criminal justice system that deals with officially sanctioned punishments following due process |
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Term
| what is the only exception to the criminal justice system following due process prior to all punishments? |
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Definition
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Term
| what is the mission of the CJ system? |
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Definition
| Carry out officially ordered punishments |
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Term
| List: 2 purposes of punishment |
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Definition
1. infliction of pain
2. prevention of future crimes |
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Term
| Purposes of punishment: infliction of pain |
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Definition
financially: fines, inability to earn
socially: isolation from community and family, "civil death" (lose rights), label |
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Term
| Purposes of punishment: prevention of future crimes |
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Definition
utilitatian purpose
for the greater good of society |
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Term
List: 4 classical justifications for punishment
List: 1 newer justification |
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Definition
1. retribution
2. deterrence
3. incapacitation
4. rehabilitation
5, restorative justice |
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Term
| Philosophical justifications for punishment: Retribution |
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Definition
government sponsored revenge
needs to be balanced; individual consideration depending on harm done and attitude of the offender |
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Term
| Philosophical justifications for punishment: deterrence |
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Definition
rational choice model
specific: deters individual
general: deters everyone |
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Term
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Definition
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Term
| 3 questions asked in rational choice model |
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Definition
1. what is the punishment? is it clearly defined?
2. likelihood of getting THAT punishment?
3. likelihood of getting caught? |
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Term
| What are the limitations of the rational choice model? |
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Definition
| drugs and alcohol; homicide and highly emotional crimes - quick, less thinking |
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Term
| Philosophical justifications for punishment: Incapacitation |
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Definition
inability to commit crime
death, incarceration
ignition locks
house arrest
false positives: assumes that person is going to commit crime again when it was actually a one-time deal
false negatives: assume somebody isnt going to commit crime and they do |
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Term
| 2 types of incapacitation |
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Definition
1. specific: individual
2. general: incapacitate group of people (ex: all people that commit homicide get incapacitated) |
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Term
| Philosophical justifications for punishment: Rehabilitation |
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Definition
-indeterminate sentencing, parole
-educational and medical model
criminogenic needs |
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Term
| what is a criminogenic need/feature? |
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Definition
| social problems; poverty, low income household, unemployment, social support |
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Term
| Philosophical justifications for punishment: Restorative justice |
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Definition
-newest model
-roots in tribal justice
-what does community/individual/victim need for justice? empowers victim
-meeting between victim and offender
-community involvement present and offender
-recognizes that previous philosophies are flawed and need to be changed |
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Term
| What were the two models of penitentiaries in the US? |
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Definition
| 1. pennsylvania and auburn |
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Term
| Pennsylvania penitentiary |
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Definition
made by Quakers
no corporal punishment
walnut street jail = 1st penitentiary punishment for those convicted
operated on silent-separate system |
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Term
| what was the first penitentiary called? what model did it operate under? |
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Definition
Walnut street jail
pennsylvania penitentiary; separate-silent system |
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Term
| What is the silent-separate system? |
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Definition
single cells, no contact with others, no visitation
keep out outside influence; society is harmful |
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Term
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Definition
congregate system
had own cell, no communication
lockstep
ate and worked in common area with other inmates
made goods and sold them; economically viable |
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Term
| which penitentiary operated under the congregate system? |
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Definition
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Term
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Definition
1. separation: away from society's influence
2. obedience, discipline
3. labor: protestant work ethic |
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Term
| Reformatory period: what decade? |
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Definition
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Term
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Definition
Elmira reformatory for young, first-time offenders
merit system
early release for good behavior
demonstrate positive behavior to earn privileges |
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Term
| Zebulan Brockway: what period? |
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Definition
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Term
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Definition
| act designed to repay (as an injury) in kind, or to return like for like, especially to get revenge |
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Term
| what is the earliest remedy for wrongs done to one's person or property? |
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Definition
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Term
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Definition
| prolonged series of retaliatory, vengeful, or hostile acts or exchange of such acts |
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Term
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Definition
| custom of atonement for wrongs against victim by payment to appease the victim's family |
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Term
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Definition
| the european word denoting lex salica |
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