Flashcards
CCJS 342: EXAM #1
Cards in this deck (59)
- 1What is the U.S Incarceration rate?716 per 100,000 residents
-90% of all countries have incarceration rate at or below 343/100 - 2What is the criminal justice funnel?(Adults incarcerated is at the bottom of the funnel)
- 1000 crimes reported
- 300 people arrested
- 200 adults considered for prosecution
- 100 convicted
- 60 adults incarcerated - 3What are the incarceration rates for prison and jail?65% prison
35% jail and other detention - 4What are the PROGRESSION rates from 1925-2012?1925-1940: Tail end of an earlier boom (morality crimes)
1940-1975: Period of stability
1975 – 2010s: U.S. Incarceration Boom - 5What is the theory of stable punishment? Original vs. RevisedOriginal - Blumstein and Cohen (1973)
Theory: tolerance for marginal crimes weighed against cost of too much incarceration
Revised - Blumstein and Moitra (1979)
Incarceration rate relatively stable, punctuated sharp increases to a higher stable plane•Sharp increases motivated by structural economic, social or political change - 6What are reasons for jurisdictional variation?• Underlying Crime Rates
• Criminal codes
• Law enforcement & Judicial Discretion
• Sentencing Policies
• Parole Policies - 7What are the three kinds of measures for describing the U.S Prison population?- “Point in Time” Estimates
- “Proportion Ever” Estimates
- “Lifetime Risk” Estimates: (what is the risk for people born in 2001 of going to prison) - 8What are the demographic descriptions of U.S. Prison Population?- In terms of lifetime risk, a black male born in 2001 faces a 1 in 3 chance of ever doing time.
- In terms of lifetime risk, black women are more than 520% more likely than white women and more than 154% more likely than Hispanic women to be incarcerated at some point in their lives. - 9What are packers (3) elements of punishment?1. An offense/crime
2. Infliction of pain because of the commision of the offense/crime.
3. Dominant purpose is NOT to compensate the victim… NOR better the offender but to inflict deserved pain on offender or prevent further… - 10What are the (5) motivations for punishment?1. retribution
2. deterrence (general & specific)
3. rehabilitation
4. incapacitation
5. restoration - 11What is retribution?- Punishment is inflicted on a person who has infringed upon the rights of others and so deserves to be penalized
- Retribution is a basic human emotion, that in the criminal context the State must exact retribution to put things back in balance and prevent vigilantes.
- Core components:
Magnitude of harm: crime seriousness, moral outrage
Extenuating circumstances - mitigating or exacerbating - 12What is deterrence? (general & specific)- Punishment intended to prevent future crime
- Assumes “rational actor”
Two types:
General deterrence: punishment intended to be an example and discourage crime (indirect)
Specific deterrence: punishment intended to discourage the recipient from committing future crime - 13What is perceptual deterrence?Individuals are more influenced by their perceptions of the elements of deterrence than they are of the actual quantities
- 14What are the fundamentals of deterrence?Utilitarian philosophy: prioritize the greatest good for the greatest number
- Human behavior is governed by calculation of costs and benefits
- Rational actor will commit crime if the marginal benefit exceeds the marginal cost - 15What is incapacitation?- Depriving an individual of the ability to commit crimes usually through incarceration's (but not always)
- Can prisons full incapacitate? NO. - 16What is selective incapacitation?- Targeting incapacitation at specific individuals – higher rate individuals should receive longer sentences
- .Motivated by the notion that a relatively small number of people commit a large number of crimes.
- Widely criticized on the grounds of fairness and concerns about prediction.
- Alluring to policymakers: Three Strikes - 17What is rehabilitation?- Goal of restoring the convicted individual to a constructive place in society through vocational, educational or therapeutic methods
- Prioritized as a correctional goal between 1940-1970
- Linked to indeterminate sentencing
It implies that there is something wrong with the individual - 18What is restoration?- Punishment designed to repair the damage done to the victim and the community by criminal act
- Philosophy: the criminal act practically and symbolically denies community. Victims suffer damages to property and self. Crime also challenges the essence of community to the extent that it depends on a shared sense of trust, fairness and interdependence
- Caution: procedural safeguards may be impaired. - 19Micro vs. Macro Motivations for Punishment (Tension)Macro Level - people tend to favor a utilitarian approach (someone has to lose) to punishment when they think about “what is good for society?’
Micro Level - people tend to indicate a “just deserts” motive when assigning individualized punishments. “What is fair for this individual?” - 20What were the different types of punishments during the COLONIAL period?- Whipping
- Stocks and pillories
- Physical mutilation - branding, cropping
- Fines and restitution - up to 2-3x
- Peace bond
*Convicted or not
*Concern for public order took precedence over individual rights
- Public spectacle: burning at the Stake, Hanging, Gibbet
- Fewer death penalty eligible crimes- even fewer executions - 21What was the role of incarceration in Colonial Era Punishment?• Incarceration existed, but relatively minor role
•Mid to late 1600 – House of Correction
- Model for modern prison (~1800s)
• Colonial era jails – predominately pretrial
- Undifferentiated
-Overcrowded, inadequate sanitation, widespread disease - 22What was the impact of the American Revolution?Drafting constitutions and criminal codes
• The opportunity to cast off English legal heritage
Defined liberty as freedom from government restraints
• Reacted to abuse of general search warrants
• 17 specific guarantees related to criminal process
• Writ of Habeas Corpus
Shift in priorities – away from community order to individual liberty - 23What is the origin of American Prisons?• Emergence of modern prison ~1800
• Two contemporaneous approaches:
• Separate vs. Congregate Confinement - 24What is the origin of American Jails?• Precursor to the modern prison
•Hard labor: Public or Private?: Private - 25What are the (3) landscapes of corrections?- forms
- sentencing
- intermediate sanction - 26What are the different forms of corrections?• Incarceration: Prison & Jail (Parole)
• Intermediate Sanctions
• Probation
• Death - 27What are the different types of sentencing?• Indeterminate vs. Determinate
• Mandatory Sentencing
• Sentence vs. Time Served
- Earned time vs. Good time
- "Truth in Sentencing” - 28What are the different types of intermediate sanctions?• Fines
• Split Sentences
• Home confinement
• Intensive Probation Supervision
• Restitution
• Community service
• Forfeiture - 29Organization of Institutional Corrections• Jails
- State
- County
- Municipal
• Prisons
- Federal System
- State Systems - 30What are the characteristics of jails?There are over 2,000 jails in the U.S
- 80% are run by counties (most operated by a sheriff)
- 600 are run by municipal jurisdictions
- 6 states operate jail systems (Alaska, Connecticut, Delaware, Hawaii, Rhode Island, and Vermont)
- 11 federal jails
- 37 private jails - 31What are regional jails?- Facility operated by mutual agreement of multiple jurisdictions
- More efficient than running multiple small jails
- Slow to catch on because of opposition from:
*Local political and correctional leaders
*Citizens
*Reformers - 32What are the rights of pretrial detainees?- 1970s: Several courts ruled that pre-trial detainees should suffer no more restrictions than are necessary to ensure their presence at trial
- Bell v. Wolfish (1979): Administrative practices designed to manage jails and maintain security are legal
- Howes v. Fields (2011): Limitations on rights of jail inmates may be questioned without a full Miranda warning regarding right to counsel and avoiding self incrimination. - 33What is bail?- The monetary amount for (condition of) pretrial release, normally set by a judge at the initial appearance
- The primary purpose of bail is to ensure the return of the defendant for court proceedings - 34What are the different types of bail? •Full cash bail •Surety bail •Deposit bail aka 10% bail •Conditional Bail •Unsecured bond •Release on Recognizance (ROR)1. Full cash bail: (total amount of money must be made, refunded in full when defendant appears for criminal proceeding)
2. Surety bail: (what the bondsman posts to the court, and defendant pays negotiated amount (usually 10%), bondsman just pays the bond in full to judge and makes 10% profit)
3. Deposit bail aka 10% bail: (judge has discretion of only requiring a percentage of full bond amount but requires a deposit)
4. Conditional bail: (the judge is allowed to require non-monetary conditions for pretrial release, sometimes in addition to cash)
5. Unsecured bond: (set a bond but not require deposit) very rare, Example: owes 20,000 only if they don't show up)
6. Release on Recognizance (ROR): (no conditions, just require you to show up) - 35What are the (2) alternatives to bail and what do they mean?1. Preventive Detention: Denial of pretrial release on the grounds that the defendant is:
- A flight risk
- A threat to community safety
- Authorized by Bail Reform Act (1984)
- Criteria - appearance and community safety
2. Direct Release: Becoming more popular as critiques of money bail take hold
- Often conditions similar probation
- Sometimes called “pretrial services” - 36What is the preventive detention relevant case law?1. Schall v. Martin (1984) Preventive detention legal for juveniles to secure safety of individual and community
2. United States v. Salerno (1987) Preventive detention legal for adults because the State had a “legitimate and compelling regulatory purpose.” - 37What are the consequences of preventive detention?1. Disproportionately affects low income individuals
2. Costly
3. Worse outcome for defendants (more common for people to take a plea deal in order to go home)
4. Jail system unnecessarily punitive for people who are not guilty - 38Public Safety Realignment Act (2011)• Parole violators no longer sent to state prison but would serve parole violation stints in county jail
• Post-release supervision of low-level state prisoners would be performed by county probation departments not state parole agents (post-release community supervision “PRCS”)
• Non-Non-Nons would serve their entire sentences in county jail
- Non-sexual, non-violent, non-serious - 39What is the Principal-Agent Problem?Moral Hazard
- 40What is the Criteria for Determining Excessive Force?• Extent of the injury suffered by the inmate
• Need for application of force•Relationship between the need for the application of force and the amount of force used
• Threat, if any, reasonably perceived by the responsible CO
• Any efforts made to temper the severity of the forceful response - 41What is the "Farmers Test"?- Violation of 8th amendment for failure to protect inmates.
Farmer v. Brennan (1994) Two part test: Subjective and Objective components
• Subjective – “deliberate indifference” –Correctional officials “know of and disregards an excessive risk to inmate health or safety”
• Objective – Is the inmate incarcerated under conditions posing a substantial risk of serious harm. Can be satisfied even if “no serious injury” is present. - 42Speedy Trial vs. Ready Rule• Proposed speedy trial rule – dismissal after 6 months, release after 3 months
• Ready Rule – Prosecutor must be “ready” for trial within 6 months - 43What are the (3) focal points for the CIRPA Investigation at Rikers Island?1. Excessive and unnecessary use of force
2. Adequate protection from violence by other inmates
3. Extensive reliance on punitive segregation subject adolescents to excessive risk of harm - 44What does CIRPA stand for?• Civil Rights of Institutionalized Persons Act (CRIPA)
• Investigation focused on adolescent detention at Riker’s Island covering 2011-2013 - 45What were the system failures for Kalief Browder?- held in pretrial detention for 3 years with no trial
- spent almost 2 years in Solitary Confinement - 46Empirical Evidence of Punishment Motivations (Carlsmithet al 2002)• Unconstrained, people tend to endorse all punishment motives
• When respondents were asked to assign punishment from a deterrence perspective, they ratcheted up punishment across the board.
• Even when people expressed deterrence motive, they responded to “just deserts” elements - 47Prison Crowding in LA: Realignment BackgroundDesign Capacity: 85,083 beds
Inmate Population: 172,000 inmates
- 200+% of Design Capacity - 48What type of populations do jails hold?•Pre-trial detainees
•Sentenced Inmates
•Immigrations and Customs Enforcement (ICE) detainees
•Jail supervision while living in the community - 49Who is doing time in the U.S?- ⅔ don't have high school diploma
- Dominantly male
- Age of median prison inmate is 34 - 50What is Moral proportionality?The severity of the sanction should fit the seriousness of the crime
- 51Stack v. BoyleSet guidelines for bail. They state crime eligible for bail shall not be :
- Frivolous
- Unusual
- Beyond a person's ability to pay - 52Schall v. Martin (1984)Preventive detention IS legal for juveniles to secure safety of individual and community
- 53United States v. Salerno (1987)Preventive detention legal for adults because the State had a “legitimate and compelling regulatory purpose.”
- 54Bell v. Wolfish (1979):Administrative practices designed to manage jails and maintain security are legal
- 55Howes v. Fields (2011)Limitations on rights of jail inmates may be questioned without a full Miranda warning regarding right to counsel and avoiding self incrimination.
- 56How many federal and private jails are there?11 federal jails
37 private jails - 57What states operate jails systems?Alaska, Rhode Island, Vermont, Connecticut, Delaware, and Hawaii.
- 58Brown v Plata focuses on what?Inadequate health care
- 59Coleman v. Brown focuses on what?Inadequate MENTAL health care
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- Criminal Justice Flashcards on CCJS 342: EXAM #1, created by Jocelyn Lopez on 27/02/2019.
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- Jocelyn Lopez · Feb 2019
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- May 19, 2019
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