Term
| LIST: 4 philosophical approaches to punishment |
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Definition
1. general deterrance (speicific vs general)
2. Retribution
3. incapacitation (general vs specific)
4. rehabilitation |
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Term
| Four philosophical approaches to punishment: Define Deterrence + what are the two types? |
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Definition
-inhibiting effect that punishment will have on actions of those who commit crimes
1. General deterrence: presumes that members of the general public will be deterred by observing punishments of others and will conclude that the costs of crime outweigh the benefits.
severity of punishment, certainty of getting caught, and certainty of being punished.
--derived from HEDONISTIC CALCULUS: do consequences outweigh punishment?
2. Specific Deterrence: Intimidation
targets the decisions and behavior of offenders who have already been convicted; theoretically, punishment will discourage the offender from repeating the offense. |
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Term
| Four philosophical approaches to punishment: Define Incapacitation + list two types |
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Definition
Prevention by restraint, removal of opportunities for crime types
1. General: incapacitate everyone that poses potential risk of certain behaviors
2. Specific: incapacitate based on specific risk. (ex: habitual offenders get more jail time) |
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Term
| Four philosophical approaches to punishment: Rehabilitation |
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Definition
Reduce capacity to commit crime by providing various social services
expensive and difficult to measure |
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Term
| Rothman: penitentiary & social disorder |
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Definition
The penitentiary was created to re-establish social order.
CAUSE OF DISORDER?
-many types of people coming in (not just white/anglosaxan)
-People came to U.S. to look for more opportunities, more cultures
-more people = more problems
-gambling, drinking, prostitution, idleness. large society = stress
-abuse of substances. corrupted individuals needed social institution to re-establish in society
--solution to this disorder was the pennitentiary |
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Term
Three aspects of the: "holy trinity of the pennitentiary"
Individual (prisoner) goals of this trinity?
Broad social goals of trinity? |
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Definition
1. Silence
2. Work
3. Obedience
Reform individuals, posititive and good influences on society.
re-establish order in world. obligated to help others |
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Term
| Not guilty by reason of insanity |
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Definition
-insanity is an affirmative defense
-legal term determined by judges; information submitted by medical professionals sways determination
insanity reflects an individual's diminished capacity to form proper intent (mens rea).
The federal standard created in 1984 is still used today to determine insanity in trials, whereas insanity is presumed until proven otherwise.
Only 1% of insanity pleas result in a NGRI determination
PROCESS:
1. plea must be entered at the beginning of the case, otherwise it cannot be used as a defense |
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Term
| Kansas v. Hendricks - Justice Breyer said that civil committment of sex offenders is unconstitutional. Why? What constitutional rights being violated? |
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Definition
RIGHTS THAT ARE BEING INFRINGED UPON (3):
1. commitment violated due process rights
2. protection against double jeopardy
3. ex-post factor (engaged in behabior that wasnt criminal before a new law was created. now its criminal and being charged).
Results were cumulatively punitive in nature, because the court wasn’t required to provide treatment, it was an indefinite commitment, and if treatment was necessary, why didn’t he receive it in prison?
The law and decision lacks a least restrictive alternative. Civil commitment to a hospital isn’t always necessary |
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Term
| Pennsylvania v Auburn models of the early penitentiary |
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Definition
PENNSYLVANIA:
-SEPARATE/SILENT SYSTEM
-isolate individuals from outside influence, keep social disorder out. no contact with each other either.
-operated on the three trinity: silence, work, obedience.
-wanted to reform individuals with positivity - wanted them to become good influences on society and re-establish order in the world. obligated to help others
-failed due to overcrowding with the single cells.
-officers bribed inmates to act within the rules
-influenced by the Quakers
AUBURN PENN:
-Congregate system
-inmates ate and worked together; single cells', no communication allowed
-"lockstep"
-influenced by the protestants |
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Term
| List: Three categories of problems with Seriously Mentally Ill (SMI) in prisons |
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Definition
There are three aspects of prison culture that negatively affect SMI:
1. Social Structure
2. Discipline
3. Correctional Employees |
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Term
| How does prison culture negatively affect SMI? |
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Definition
1. easily victimized
2. seen as targets (economic, property, sex, abuse, etc.)
3. "inmate code" doesn't prevent victimization and protects people that take advantage and abuse others.
-unspoken rules of prison prevents advocacy. no protection, stay out of others business
4. join groups; survival and protection. SMI are excluded from the groups because they do not have a lot to offer the group |
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Term
| How does discipline negatively affect SMI? |
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Definition
-They do not adjust well to prison life because they are at a serious disadvantage and are subject to more discipline
-correctional staff are not trained to understand serious mental illnesses and are unable to accurately spot symptomology.
-SMI have more compliance issues because they often break minor rules. difficulty following procedures due to SMI
-frequent discipline often negatively affects parole outcomes; SMI spend more time in prison because of this
-often use isolation and segregation as a punishment which can drastically affect SMI. negatively affects mental health and stability, makes symptoms worse for SMI.
-spend more time in isolation because removal from isolation is also contingent of good behavior. |
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Term
| How can correctional employees negatively affect SMI in prison? |
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Definition
1. line staff are the first to notice sympyoms of SMI, but are not trained to respond properly.
1. They approach problems as inmates, not SMI. see behavior as a violation of rules, not symptoms
2. can result in excessive use of force
3. reluctant to refer them to get treatments |
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Term
| How was the pennitentiary supposed to reform prisoners? |
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Definition
| Premise of the penitentiary was that it would reform prisoners by isolating them from the evils of society and making them feel conscientious about the bad decisions that they have made. With kindness and proper instruction, the criminal would become rehabilitated and want to help others avoid the same temptations that he has succombed to. Labor would be a diversion from evil. Become a responsible citizen. |
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Term
| Procedures for evaluating incompetency |
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Definition
-criminal event leads to arrest
-initial appearance: tell chages, detail of bail
-preliminary hearing - hear charges against you, determine probable cause that ws committed and that that person caused it
-issues of competency raised early on
1. judge orders competency exam conducted by psychologist
2. may take a long time to restore a person to competency
3. proceed to trial if found competent
4. if IST, charges may be fropped or sent to mental health institution to restore competency - stand trial if completely restored |
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Term
| What are the limitations of RETRIBUTION? |
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Definition
| 1. lack of empirical evidence for efficacy |
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Term
| What are the limitations of DETERRENCE? |
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Definition
It does not account for acts that do not involve forethought
imples that people think thoroughly of consequences before committing a crime and thats not how it always is |
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Term
| What are the limitations to INCAPACITATION? |
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Definition
| premise is that so long as we keep an offender in prison then he will have no opportunity to committ crimes. fallacy is that it assumes that people will reoffend. question of severity - is locking somebody up really necessary? how do we know that they will reoffend? is this too severe? |
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Term
| 2 components for saying somebody is incompetent to stand trial |
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Definition
1. FOUNDATIONAL COMPONENT:
-factual understanding of adversarial system (prosecuter, judge, attorney, jury, etc)
-ability to work with attorney
-ability to understand situation as a criminal defendant
DECISIONAL COMPETENCE (RATIONAL UNDERSTANDING)
-ability to understand information relevant to decisions they make
-ability to think rationally about alternatives involved
-ability to appreciate decisions made in best interest
-ability to make a choice about available defense strategy |
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Term
| not guilty by reason of insanity |
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Definition
| you did it, but due to your insanity you are not guilty |
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Term
| difference between competence and insanity |
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Definition
| competence refers to present ability not psychological state at the time of the crime |
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Term
| McNaughten Standard: 1843 |
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Definition
1. McNaughten Standard: started in England; based on common law, adopted by the united states.
-didnt know what they were doing was against the law
-defect of reason OR disease of mind
-not ujndersand nature of actions
level of proof: Varies from proof by a balance of probabilities on the defense to proof beyond a reasonable doubt on the prosecuter |
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Term
| List 5 standards of NGRI chronological order |
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Definition
1. McNaugten rule
2. irresistable impule
3. durham rule
4. brawner's standard
5. federal standard |
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Term
irresistable impule
define
level of proof |
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Definition
"could not control conduct"
unable to control because of mental issues
highly subjective standard because of the term irresistable
policemans elbow test: even if a policeman was at their elbow, they wouldnt know any better
proof: Varies from proof by a blance of probability on the defence to proof beyond a reasonable doubt on the prosecuter |
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Term
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Definition
accussed not responsible if actions were a product of mental illness
realied heavily on professional testimony
proof: the burden of proof is beyond a reasonable doubt burdened by the prosecuter |
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Term
brawners standard
define
level of proof |
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Definition
"lacks substantial capacity to appreciate wrongfulness of conduct"
does not address mental illness aspect; very vague
proof: the burgen of proof is beyond a reasonable doubt and it is burdened by the prosecuter |
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Term
federal standard of NGRI
define
levle of proof |
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Definition
modern standard
diminished capacity
very vague
sanity is presumed
proof: The burden of proof is clear and convincing evidence burdened by the defense |
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Term
| disadvantage of poor people historically in prison |
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Definition
1166 shire used jail as opportunity investment
auctioned jailor positions
sold necessities to inmates. those without money went without food, blankets, etc.
fees for everytrhing.
stolen items, bartering, prostitution
king built jail, made sheriff operate it, auctioned off jailor positions - jailors profitted |
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Term
| how are the poor disadvantaged in jail TODAY? |
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Definition
jails are generally for indiividuals that will be detained on a temporary basis
-pending arraignment; awaiting trial; conviction and sentencing
-readmission post probation, parole and bail bond violators
-temporarily detain juveniles pending transfer to juvenile authorities
-hold mentally ill people pending movement to appropriate mental health facility
disadvantages:
-cannot buy additional items from commasary
-may become prostitute |
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Term
| differences between jails before reform and after |
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Definition
BEFORE JAIL REFORM:
-booking fee, release fees, health visits, medicine, etc.
-wanted to make jail self-sustaining, but problematic because people in the jail dont have a lot of money.
POST-REFORM:
-originated from charitable societies and organizations
-removal of fees and debtors
-improve specific conditions
-local and national standards |
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