Final Exam Flashcards

(87 cards)

1
Q

What does it mean to say that punishment is pervasive in contemporary society?

A

It is widely and extensively used as a means of social control and regulation
Includes criminal sanctions such as imprisonment, fines, community service, etc.

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2
Q

Non criminal forms of punishment

A

Being suspended from a sport when violating the rules of a game
Violation of dress codes in a formal setting
Being publicly humiliated or assaulted for acting outside of a social norm such as cutting someone in line
Cheating on a test can result in a grade of zero, suspension, or expulsion

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3
Q

Formal punishment

A

jail-time or fines for deviant behavior that breaks official laws

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4
Q

Informal punishment

A

social exclusion for breaking unsanctioned or unspoken social norms

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5
Q

Durkheim is one of most influential sociological thinkers about punishment. What does he
mean that “punishment is normal”?

A

Crime is inevitable because not every member of society is committed to collectivism
Serves positive function for society
Too much crime is bad and requires institutions of social control

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6
Q

What are the three functions of punishment Durkheim
delineates?

A

Crime is form of social regulation that reinforces what is good/bad
Social integration through collective disapproval of crime
Social change occurs when people break laws that do not reflect values of people in a society

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7
Q

What is the principal “just desert”

A

Punishment is proportional to crime committed

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8
Q

What are the key dimensions of prevention outlined by Gottfredson?

A

Offender/ gen pop.
Change proclivities l rehab l social org
Create fear of punish. I special l & gen deter
Reduce opport. to offend l incap. l gen prevention

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9
Q

Punitive dimensions

A

the unpleasant ways a criminal is punished to create fear of punishment

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10
Q

Properties of punishment

A

intrusiveness, scalability, commensurability, permanence, visibility, diffusion

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11
Q

Pragmatic dimensions

A

practical considerations when it comes to the implementation of corrections and punishments
Cost? Will it worsen the issue?

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12
Q

Proportionality

A

Punishment fits crime

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13
Q

General deterrence

A

instilling norms and creating laws that will deter people from committing a crime

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14
Q

Special deterrence

A

punish criminals in order to deter them from committing a crime

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15
Q

Parole

A

agreement to behave oneself in exchange for liberty after committing an offense (after being incarcerated )

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16
Q

Probation

A

punishment given instead of incarceration

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17
Q

General prevention

A

employing methods that lessen opportunities for crime (ex: locks, pepper spray, security) or cause someone to take more into consideration whether they will be caught after commiting a crime (ex: camera)

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18
Q

What are “prison precursors”? What were some of the characteristics of prison precursors like the “Dutch Workhouses”?

A

Multipurpose buildings
Holdings, housing, serving punishments
Those being housed did work in order to gain craft or skill (workhouse) for reintegration into society
For low-level offenses, homeless people, debtors, vagrants

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19
Q

Castle island jail

A

Repurposed British fort est. around 1790
Used to house political prisoners that aligned with British
Prisoners subjected to hard labor
If people can’t get in then they also can’t get out**.
Placed here if they committed a moderately severe crime, alternative to putting ppl to death

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20
Q

New gate jail

A

Former copper mine
Original structure taken down, stone structure put into place
Aim was hard labor
Underground
First recorded use of a treadmill
Mostly in mines at first but gre to production of goods and amenities

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21
Q

Walnut st jail

A

Actually built for the purpose of being a jail
Locate in quaker society in pennsylvania
Opposed to severe corporal punishment
Mainstay of jail was silence and work in order to allow for reflection
Use of solitary confinement to allow recentering of morals and religion
After a while it was divided where it was dedicated to single cell ppl where they can recover their moral path to rehabilitate themselves.

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22
Q

The first genuine prison templates emerged in the form of the Pennsylvania and Auburn
models. How were those models similar and different to each other?

A

Both models make up main templates for prisons across the country; highly influential on state prison systems, especially auburn
Both used labor and penitence

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23
Q

Pennsylvania Model

A

Penitence through solitary confinement
Favored individual work
Most everything done in solitude
Were allowed to go outside with others for a short period of time
Learned how to repair shoes in their time alone

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24
Q

Auburn Prison model

A

originated in NY
Ideal of penitence, most everything done alone
Also use of silence
Not only for reflection but management tool to keep order in prison
Workshop labor in single cell
Also work in factory environment to prepare them for reintegration
Military principles and practices
Instill collectivism
Use of striped prison uniforms so that expected prisoners would be easily spotted

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25
After the Civil War prisons in the South introduced some new practices that did not conform to either the Pennsylvania or the Auburn models.
Prisons used as corrections control system basically reinvented slavery Because the economy collapsed after the end of slavery in the south, began prisoner leasing system that allowed private persons to lease a prisoners for labor Use of chain gangs to lessen chances of escape
26
What are some of the characteristics of these big house facilities and how do they relate to the earlier templates?
Similar to Auburn but bigger. Reduction in prior programming. Admin segregation Sensitive needs yard for those w/ mental illness Mandatory parole supervision following release
27
Finally, near the end of the 20th century we see the emergence of “warehouse” prisons. What are some of the characteristics of this template and how does it differ from earlier approaches?
Eliminated intermediate sentencing. Ability to get out early on good behavior Opinions that this sliding scale of time lacked adequate deterrence Invitation of bias and disparities between groups Led to determinate sentencing Risk-graded confinement Higher risk inmates kept in more secure areas and more heavily confined Security upgrades Supermax facilities Administrative segregation Sensitive needs yards Mandatory parole supervision upon release
28
Templates
replicable model of a prison that spreads across the country as states copy the original
29
Convict leasing
Practice done to rent workers from prisons until their prison sentence is fulfilled.
30
Modernity
set of ideas, practices, and technologies, has diffused from prisons to these other institutions and that the governing principle is that these institutions should be focused on preparing people to labor in the industrial economy.
31
What is penal harshness?
should be a key focus of research on variation of punishment across countries. He proposes four different kinds of factors that might be useful in explaining harshness, but have not yet been fully explored. Those factors include population heterogeneity, religion, regime type, and traditions of violence.
32
Beccaria offered deterrence as a modern goal of punishment.
three key qualities that were required for deterrence to work: certainty, celerity (speed), and proportionality. He also argued that punishments should be spelled out simply and clearly in law (legality) so that the public could be aware of what punishments were likely if they committed a crime. His theory was predicated the idea that humans are rational actors, weighing the risks against the rewards of engaging in crime and that punishment should align with those basic qualities of human action
33
Certainty
If you commit crimes you will be caught
34
Celerity (speed)
How quickly a case is resolved Proportionality: 8th amendment bars “Cruel and unusual punishment”/ constitutional application of “three strikes”
35
Legality
punishments should be spelled out simply and clearly in law (legality)
36
Custodial v non custodial
custodial (jail or prison) (studies show inmates do in terms of recidivism and only a few show that custodial placements reduce recidivism) versus non-custodial (community supervision)
37
Texas (death penalty)
Has the largest number of deaths from execution
38
Highest numbers of execution within the us
Texas
39
How many executions have taken place in Cali
13
40
Im recent history the growth of probation and parole at a ___rate than incarceration, but ___ overtime
Faster; shrinking
41
Who is John Augustus
Father of parole/probation system. Founder of private policy systems
42
Probation is the most common form of __
Correctional control
43
New Penology
New techniques of surveillance and risk assessment that blossomed in 1990s. Deprioritizes rehab as a goal. Rehab is a pipe dream. Focus on recidivism as central measure of effective correctional policy/practices.
44
Carceral citizenship
Citizens who are restricted in certain way and comply under supervision. Boundary between full citizenship and being incarcerated.
45
What is neoliberal governance
form of logic of governance and ideas of governance. Concern over welfare system. New belief that government should be as small as possible. Rise of importance of individual responsibility
46
Risk management
Privatization of government services. Create efficent sytsem that can effectively monitor those who are high risk rather than everyone. Private wealth and investments financialization of crime management Accumulation of fees for those on parole and probation Fees offset cost of system
47
Welfare State and examples
Type of gov’t that has a variety of depts. And programs focused on creating economic security and “well-being” for its citizens. Started after the civil war. Civil war pensions, workmen’s compensation, aid to families with dependent children (now called TANF), social security, unemployment insurance, medicare & medicaid, cash assistance, tax credits
48
Welfare re-entrenchment
1980s and onward; rethinking of welfare state. Retrenchment (reduction of costs or spending in response to economic difficulty or in this case changing ideas) associated w/ rise of neoliberal politics Transformation of income assistance programs to require work, set time limits, discourage “chislers and cheats”
49
Under penal welfarism what is the goal of prisons?
Proper response of gov. is rehabilitation Progrmas should be individualized to address the root causes of antisocial behavior Governments punishment and welfare programs share a common theory and logic that relate it to the welfare system (rehabilitation for welfare) The practices governments use to address crime and marginality are rooted in culture (particularly ideas about race, political struggles, and economic structures)
50
What replaced penal welfarism
Shift toward a crime control complex. Elements: Massive increase in incarceration, return to deterrence, incapacitation, and retribution as primary goals. Abandonment of rehabilitation as a goal for most types of offenders. Reliance risk and harm reduction. Expansion of surveillance technologies, privatization of crime control. Enhanced racialization of criminal legal policies.
51
As the U.S. has begun to roll back mass incarceration has the welfare state been revitalized?
Expansion of the use of incarceration is associated w/ declines in welfare support Reversal of the flow from welfarist ideas to correctional systems to a flow of correctional ideas into welfare & social service programs More spent on welfare the less spent on incarceration New funding for local corrections programs Expansion of mental health, homelessness, and behavioral health programs
52
What prisons in California did we discuss as examples of how rehabilitation was practiced?
Chino Reformatory: an Open Prison (1941) CA medical facility (1955) CA rehabilitation center: Civil Addict Program (1961)
53
What was the belief regarding rehab in the 1970s
Sociologist Robert Martinson published the most famous review of findings and concluded that “nothing works,” which was cited as evidence of the need for a new more punitive approach. Determined no programs had any lasting positive effect and that no individual can properly be rehabilitated in a prison environment Used to justify certain punitive reform policies within correction that grew abd expanded correction facilites and gave leeway to increased incarceration
54
Evidence based research
Rate programs based on evaluations and research Research constantly changing and evolving Some rating/conclusion are research based or evidence based Evidence based is better
55
Thinking for change
which employs a cognitive-behavioral approach to change how people convicted of crimes think and aims to provide them with social skills to navigate situations that might lead to criminal activity. Try to transform values and build behaviors that prevent violent confrontations tht miight have occured otherwise
56
Goals of rehab
Forsberg and Douglas argue that the goals of rehabilitation should be broadened to not just include recidivism reduction, but also harm-reduction, moral improvement, and restoration.
57
Reasons why rehab is needed
Management imperative to control disorder Social science evidence of what works in changing behavior Programs are too short of not intensive enough Rehabilitated individuals return to the same environments that gave rise to their criminal involvement Ambiguity about what counts as rehabilitation funding
58
Evidence based practices
are correctional tools and techniques that have been shown by researchers to reduce the likelihood of reoffending
59
Evidence based practices principles
the risk principle, the need principle, and the responsivity principle.
60
Risk principle
Correctional interventions should be targeted at the people who pose the highest risk to offend
61
Need Principle
anti-social behaviour Anti-socail personality Anti-social cognition Drug and alcohol abuse Criminal peers Family issues Education and employment issues Leisure and recreation deficits
62
Responsivity Principle
Making the delivery of a treatment in a way that matches the learning style and abilities of the individual Tailoring treatment to the biological, social, and psychologocal characteristics of the individual
63
Risk and needs principle
usually gauged via a risk and needs assessment (e.g., YLS-CMI 2.0). Risks and needs are things that research has shown are correlated with likelihood of reoffending. Responsivity means that the assistance provided to people under correctional control should be tailored to their learning styles, psychological, and cultural characteristics.
64
YSL
Juvenile risk assessment
65
Algorithmic Justice
Both types aim at predicting likelihood of future bad behavior and are used in decisions about pretrial release/detention, parole release, supervision intensity, parole or probation revocation, and housing/security levels within custody and on supervision.
66
concerns about racial, ethnic, and class biases that these tools can reproduce.
Poor black males score higher on algorithmic risk assessments in part because criminal justice system has historically focused on them Have gretaer police contact, arrests, and convictions Assign poor black men to higher risk categories that make them less likely to be released pretiral, more likely to be incarcerated at higher security levels with fewer rehabilitative opportunities More likely to be placed on high levels of supervision tools can potentially aid greater transparency in criminal justice decision-making and therefore be useful for challenging inequalities created by the system.
67
Algorithmic justicel
way in which decisions are made during criminal proceedings
68
Pretrial Risk Assessment
Different typology of pre-trial release decision-making
69
Big data
Figure out what their needs (not any, just criminogenic ones). Assesses any factors that predict recidivism Technique may afford greater transparency and facilitate “information activism
70
Fed. controlled subtances act of 1970
widespread visibility of drug use Drug-use apart of youth culture and associated with minorites Use of policy by Rep.; tried to cast groups as immoral
71
Right on Crime
Fiscally responsible crime control policy) refers to a relatively new development in correctional/criminal justice politics—one in which emanates from conservatives. Many conservative and rebulican orgs Texas public policy foundation Prison fellowship The american conservative union foundation
72
First Step Act of 2018
Reform for the federal justice system (had very little opposition) Expansion of “Good Time” credits (allowed people to get through their period of incarceration quickly). Expansion of compassionate release. Sentencing changes to Controlled Substances Act to shorten sentences and reduce enhancements
73
Positive policy feedbacks
Falling crime rates and declining public support for harsh policies Shift in party dynamics Emergence of terrorism as a target to generate public fear (later immigration) Spurred mobilization for republicans Fiscal crises of 2001 & 2008 (budgetary problem) Revival of Fiscal Conservatism (Tea Party)
74
Efforts by Right on Crime have resulted in a “bifurcated system” of criminal punishments. What do we mean by a “bifurcated system”?
High level v. low level in which the system focuses on managing high level criminals while reforming low level criminals Only want reform for those who commit low-level crimes
75
Decarceration
refers to the process of reducing the number of people in prisons and jails.
76
Propositions
put together by intermediary organization and rally voters to put prop. On ballot Not exactly direct democracy but allow citizens to choose the rules tht govern them; one of the biggest differences between props and legislation
77
Legislation
change in which their is a district representative that go into legislature and argue which policy changes they want Politicians can accept donations by any interest groups that support them
78
SB 678, (signed by Schwarzenegger)
Almost unanimous vote which reformed the probation revocation system, Probation dept. reduced probation revocations to prison to alleviate costs of housing prisoners in exchange for money Increase use of evidence based practices in probation
79
AB 109 (Public Safety Realignment 2011)
A bit contested with Democrats favoring it and no republican support Wanted to reduce population to 137.5% of design capacity 337 Pages- Big bill Worked on this plan for 2-3 years Put county correctional systems under pressure becuz they would give everything to the state Released them to county probation which came with a partnering that if those individuals (have not committed anything serious or violent) once qualified they would be supervised not by the parole dept. Will not send them back to prison but instead would stay in a local jail
80
Prop 47
Defelonization of Low Level Crimes “The safe Neighborhoods and Schools Act” Six high frequencies, low level drug and property crimes reduced from “wobblers” to misdemeanors Resentencing for people convicted of these crimes ^ People serving time in prison already could get out if they fit the criteria Goal is to downsize prisons**
81
Abolition
movement of academics and activists who seek to end the use of incarceration as a penalty for crime. The philosophy behind the movement is that prison are immoral dehumanizing institutions, wedded to the reproduction of capitalism and unjust social hierarchies built around race, class, gender, sexuality, and ethnicity.
82
How do abolitionists view crime
result of structural inequalities in capitalist societies and oppose the individualistic assumptions about crime that sustain the current system
83
Goal of abolition
eliminate carceral institutions, the prison industrial complex, and the criminal punishment system as a whole, and to replace them with nonpunitive ways of addressing harm that empower, rather than disenfranchise, vulnerable populations and communities.” (Bell 2021) Rooted in philosophy and critical social science theory
84
People first language
Putting people as a person before a label
85
Prison Industrial Complex
The overlapping interests of govt and industry that uses surveillance, policing, and imprisonment as solutions to economic social & political problems
86
Carceral state?
Institutions of confinement like jails, detention centers, prisons. Comprises of a wide range of policies, practices, and institutions that scrutinize individuals and communities before and after their contact with the Criminal Justice System
87
Community resilience Overton window:
For both parties when the policy falls in the middle it will be more likely to be passed