Exam 1

Question 1

What explains the dramatic increase in

incarceration in the US?

Answer 1

More sever punishment. We got “tough on crime”

Question 2

Peak of persons under supervision of custody

Answer 2

7 million

Question 3

What is the purpose of punishment? (Utilitarian)

Answer 3

Control crime

Question 4

What is the purpose of punishment? (non-utilitarian)

Answer 4

“justice” or moral condemnation

Question 5

Retribution

Answer 5

"Justice demands it." 
Deserved b/c crime is freely chosen
-free will 
-not freely chosen (self defense) 
-Proportional to the harm (no more or less than deserved)

Question 6

Deterrence

Answer 6

Reduce crime through THREAT of punishment.

• greatest good for the greatest number (utilitarian principle)
• Crime is a rational choice

Question 7

how punishment is justified: Deterrence

Answer 7

reduces harm and suffering and it is deserved

Question 8

Requirements of Deterrence

Answer 8

certainty (expected)
Severity
celerity (swiftness)
Rational actors will chose to not commit crime
CERTAINTY IS MORE IMPORTANT THAN SEVERITY

Question 9

Rehabilitation

Answer 9

Reduce offending by addressing the cause of an individuals crime.
-behavior caused by forces beyond individuals control

Question 10

Requirements of Rehabilitation

Answer 10

“treat” the offender
“Punishment” per se unwarranted
Focus on changing the person

Question 11

Incapacitation

Answer 11

Prevent crime by “controlling” offenders
(Utilitarian, not concerned about the person being punished.)
Chronic offenders commit most crime and will continue
-Prison for people who are NOT likely to commit serious crime in the future is inefficient and will have little effect on the crime rate.

Question 12

Deterrence & Retribution agree on

Answer 12

Punishment should “fit the crime” (offense based)

• established by law and applied equally
• consistent

Question 13

Rehabilitation & Incapacitation agree on

Answer 13

Punishment should be “Individualized” (offender-based)

• Judges have discretion
• Prison only when necessary

Question 14

Rehabilitation & Incapacitation disagree: Rehab

Answer 14

focuses on reforming the person
-identify and treat the causes of crime 
"indeterminate" prison sentence with parole 
-parole board decided when to release 
-purpose is to reintegrate

Question 15

Rehabilitation & Incapacitation disagree: Incapacitation

Answer 15

focuses on risk & control (little concern of fairness)

• probation & intermediate sanctions for low risk
• Incarceration for moderate-high risk
• longer prison terms

Question 16

Indeterminate Sentencing

Answer 16

Used by all 50 states and Fed from 1900’s to 1975 (about 33 states today)

• judges have broad discretion
• choose prison vs probation
• set maximum term
• prison sentences have wide range

Question 17

Indeterminate: Parole

Answer 17

time incarcerated is indeterminate

• most states require 30-50% before eligible
• return if violation of parole