Chapter 26: Criminal Sanctions and Punishment Pt. 2 Flashcards Preview

Criminal Justice 270- Intro to Criminology > Chapter 26: Criminal Sanctions and Punishment Pt. 2 > Flashcards

Flashcards in Chapter 26: Criminal Sanctions and Punishment Pt. 2 Deck (32):
1

What are the different types of philosophies for criminal punishments?

(1) Retribution
(2) Incapacitation
(3) Deterrence
(4) Rehabilitation

2

What is the concept of retribution?

“eye for an eye”

3

How has retribution been modified for the mid 20th century?

accept the idea that some offenders may be less blameworthy or culpable due to factors outside of their control

4

Current approaches are based off of _________

retribution

5

________ is dominant in Western societies.

Retribution

6

Retribution is dominant in ________ societies.

Western

7

What are some major criticism of retribution?

(1) overly rigid

(2) lex talionis (eye for an eye) has limited applicability

(3) there is no public consensus on how serious a crime is

8

What is incapacitation?

designed to decrease the physical opportunity for a person to commit criminal acts

9

What are some examples of incapacitation?

-stocks
-electronic monitoring
-intensive supervision/probation
-incarceration
-breathalyzer machines in cars of convicted drunk driver

10

What is “selective incapacitation”?

based on the idea that significant gains in reducing crime may be achieved by the physical incapacitation of the most dangerous, chronic offenders

11

What is the concept of deterrence?

Crime reduction benefits from the threat of legal sanctions

12

Deterrence must be _______, _____, and _______

severe
swift
certain

13

Deterrence is most effective for?

(1) instrumental conduct

(2) potential offenders who have low commitment to deviance as a livelihood

14

What is the assumption made by deterrence?

assumes that individuals have free choice in seeking criminal or conventional solutions to their problems

15

What are the major types of deterrence?

(1) specific deterrence
(2) general deterrence
(3) marginal deterrence
(4) partial deterrence

16

Which type of deterrence is this:
concerned with the effectiveness of punishment on that particular individual’s future behavior

specific deterrence

17

Which type of deterrence is this:
recidivism rates are often used as measurements

specific deterrence

18

Which type of deterrence is this:
does punishment against one deter others from committing the same crime

general deterrence

19

Which type of deterrence is this:
a comparison of crime rates over time or across jurisdictions are used as measurement

general deterrence

20

Which type of deterrence is this:
focuses on the relative effectiveness of different types of punishments as either general or specific deterrents

marginal deterrence

21

Which type of deterrence is this:
situations in which the threat of sanction has some deterrent value even when it doesn’t lead to law-abiding behavior

partial deterrence

22

How have police breakdowns on speeders shown evidence of partial deterrence?

(1) the average motorist under the new law exceeded the speed limit by 5 miles

(2) the average motorist under the old law exceeds the speed limit by 10 miles per hour

23

What are the several basic factors that limit the effectiveness of criminal sanctions as a deterrent?

(1) persons often abide by laws or desist in criminal behavior for other reasons that legal reprimand

(2) neither swift nor certain punishment exists in most legal systems in the contemporary world

(3) severity of punishment is actually received by offenders is often far less than the penalty mandated by the law

24

Why is there less severity in punishment actually received by an offender?

could be due to things like:
-plea bargaining
-charge reductions
-jury nullifications
-executive clemency and pardons
-“good time” provisions

25

What is the goal of rehabilitation?

to restore a convicted offender to a constructive place in society through the mechanisms of treatment, education, and/or training

26

Rehabilitation can have ________ significance.

symbolic

27

Rehabilitation emphasizes the unique _________ and ________ of each individual offender.

capacities
qualities

28

___________ emphasizes the unique capacities and qualities of each individual offender.

Rehabilitation

29

Rehabilitation necessitating an ________-level approach

individual

30

How can rehabilitation be a contradiction?

contradiction in an attempt to punish AND rehabilitate

31

__/__ of released prisoners recidivate within the first ____ years of their release

2/3
two

32

What are the five R’s of U.S. History ?

(1) Retribution
(2) Restraint
(3) Reform
(4) Reintegration
(5) Return to Retribution

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