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Crime And Justice Policy > Chapter 9 > Flashcards

Chapter 9 Flashcards

1
Q

Forfeiture

A

giving up property you gained from committing a crime
-Criminal vs Civil

Problem: does not consider the offenders ability to pay the fines—- many go unpaid

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2
Q

Selective incapacitation

Critiques?

A
  • Wolfgang et al. (1972): 6% offenders represented 52% of all arrests
    - RAND Corporation study
    - Requires accurate identification of serious offenders
    - did not commit only the same offense
    - specific factors: juvenile arrests, substance abuse, etc
      - Critiques 
          - specific factors does not guarantee that person will be a chronic offender (false positive)
          - trying to predict who is going to commit a crime 
          - selective incapacitation suggest people never age out of crime ---- they do (age crime curve)
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3
Q

Civil Commitment

A
  • 5th amendment
    - sex offenders, offenders that are ill
    - incarcerates people after there time in prison
      -treatment orientated not punishment orientated----- DOES NOT violate the 5th amendment
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4
Q

Indeterminate sentencing

A
  • judge gets to decide time

- usually a minimum time and a maximum in which a judge as to decide between

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5
Q

Determinate sentencing

A
  • no parole board
    - fixed sentence
    - sometimes the judge will still allow early release
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6
Q

Mandatory sentencing

A

Sentencing strategy that removes discretion from the judge
-legislature sets the sentence

  • Judge has no discretion
    - Ex: three strikes law
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7
Q

US sentencing reform eras

A

Indeterminate sentencing (1930-1975)
Sentencing Reform (1975-1984)
Tough on Crime (1984-1996)
Equlibrium (1996-2013)

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8
Q

Indeterminate sentencing era

A

1930-1975

  • judicial discretion
    - parole boards
    - focus on rehabiliation — who is ready to join society now
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9
Q

Sentencing reform era

A

1975-1984

  • equality and consistency
    - judge had lots of discretion—- not fair to everyone (ex: race)— got rid of judge discretion and parole board
    - wanted something more fair
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10
Q

Tough on Crime era

A

1984-1996

  • severity
    - ignore non legal aspects of an offender— focus on the crime
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11
Q

Equlibrium

A

1996-2013

  • Ambivalence
    - more prosecutorial discretion
    - more focus on just punishing crime not offender
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12
Q

Mass imprisonment negative consequences

A
  • Families
    - children
    - income
    • Communities
      - formative of social bonds when people are cycling in and out of prison
    • Overcrowding
      - no education programs
      - health
      - translate to mental health problems
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13
Q

Supermax imprisonment

Critiques?

A

A prison with the most secure level of confinement available

Kept in single cells for 23 hours/ day

    - meant for incapacitation and retribution 
    - little to no contact with people

Critiques

    - humanitarian issues
    - some keep people in solitary confinement for periods as long as 20 years
    - very expensive--- need lots of resources
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14
Q

Social learning theory in prisons

A

how to commit other offenses and to do it well

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15
Q

Hydraulic displacement of discretion

Evidence?

A

Taking discretion away from one criminal justice actor may just give it to someone else

Evidence?

    - prosecutors did increase their discretion 
    - hard to study
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16
Q

Focal concerns hypothesis

A
  • blameworthiness (offenders fault? ex: juvenile, domestic violence)
    - desire to protect community
    - individual/ organizational constraints (case load, prison overcrowding)
17
Q

Sentencing Enhancements

A

Provide for longer prison terms for specific offenses and crimes committed with specific motivations

Two varieties have received most of the attention
-Crimes committed with guns (FSE)

18
Q

Wisconsin v. Mitchell (1993)

A
  • Intentional selection of victim/ property based on status characteristics
    - two extra years for a hate motivated choice (attacked a boy because he was white)
19
Q

research on 3 strikes

A

With a few exceptions, the studies show:

    - No reductions in crime 
            - offenders not concerned with getting caught 
    - May increase homicides 
            - get a large sentence for a much smaller crime anyways
20
Q

On what grounds can the death penalty be debated on?

A
  • constitutional
    • moral
    • discriminatory
    • deterrent
21
Q

Zimring: Vigilante values

A
  • identify with the death penalty as a community process not a government process
    - a citizen thing (they did something heinous against us so we sentence them to death)
22
Q

History of capital punishment

A
  • Suspended from 1972-1976

- mentally ill and juveniles (under 18) cannot be sentenced to death

23
Q

Capital punishment in Texas

A

One-third of U.S. executions are in Tx

    - Tx typically accounts for a significant portion of nationwide executions- 60 percent in 2007.                                                       
    - Six people have been executed in 2008- one in TX on Wednesday
24
Q

General deterrence and capital punishment

A
  • early studies suggested yes
    - one execution should deter 8 murders
    - Later studies- inconsistent
25
Q

Deterrence theory and Beccaria

A
  • if punishment is too harsh there will be alot of crime

- citizens rebel against it and try to overturn government and change system

26
Q

Cost of death penalty

A

Financial cost

    - 40-70% more than life without parole (life sentence)
    - 2 trials, appeal, time in prison before death sentence

Burden in CJ system

False Convictions
-4% of defendants falsly put on death row

27
Q

Castration

A

Chemical Castration has become a fairly popular way of dealing with sex offenders

    - reversible 
    - medication
    - first used in 1940s

Surgical castration is less popular

European origins

28
Q

California’s castration law

A

1st state with a law providing for chemical castration of sex offenders

Features of the law

    - aimed at protecting victims under the age 13
    - requires castration for 2nd time offenders

Crime And Justice Policy (5 decks)

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