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Questions and Answers
What percentage of African-Americans made up the U.S. population in 2013?
What percentage of African-Americans made up the U.S. population in 2013?
Which explanation for racial disparities in the criminal justice system refers to biases held by individual actors within the system?
Which explanation for racial disparities in the criminal justice system refers to biases held by individual actors within the system?
What was a controversial aspect of federal drug law prior to the passage of the Fair Sentencing Act of 2010?
What was a controversial aspect of federal drug law prior to the passage of the Fair Sentencing Act of 2010?
According to statistics, what percentage of those arrested for drug offenses were African-American?
According to statistics, what percentage of those arrested for drug offenses were African-American?
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Which social problems are associated with the explanation of differential involvement in crime?
Which social problems are associated with the explanation of differential involvement in crime?
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What primarily drives people's beliefs about appropriate criminal sanctions?
What primarily drives people's beliefs about appropriate criminal sanctions?
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During which political era did rehabilitation become the primary focus of sentencing laws?
During which political era did rehabilitation become the primary focus of sentencing laws?
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What correctional goals became dominant during the conservative political climate of the 1980s and 1990s?
What correctional goals became dominant during the conservative political climate of the 1980s and 1990s?
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Which philosopher articulated the three elements necessary for deterrence to be effective?
Which philosopher articulated the three elements necessary for deterrence to be effective?
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What is meant by 'general deterrence'?
What is meant by 'general deterrence'?
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Which of the following terms best describes the decision-making process involved in rational choice theory?
Which of the following terms best describes the decision-making process involved in rational choice theory?
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What must be established for deterrence to effectively reduce undesirable behavior, according to Jeremy Bentham?
What must be established for deterrence to effectively reduce undesirable behavior, according to Jeremy Bentham?
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What does specific deterrence aim to achieve through punishment?
What does specific deterrence aim to achieve through punishment?
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Which of the following is a common criticism of rehabilitation efforts in the criminal justice system?
Which of the following is a common criticism of rehabilitation efforts in the criminal justice system?
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What is the primary weakness of incapacitation as a goal of criminal justice?
What is the primary weakness of incapacitation as a goal of criminal justice?
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What does the doctrine of proportionality emphasize in the context of retribution?
What does the doctrine of proportionality emphasize in the context of retribution?
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How is disproportionate minority contact characterized within the criminal justice system?
How is disproportionate minority contact characterized within the criminal justice system?
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What role does rational choice theory play in the foundation of criminal law?
What role does rational choice theory play in the foundation of criminal law?
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What does the term 'just desert' refer to in the context of retribution?
What does the term 'just desert' refer to in the context of retribution?
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Which of the following factors is considered an extralegal factor in sentencing?
Which of the following factors is considered an extralegal factor in sentencing?
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What is a potential problem associated with the use of incapacitation as a method of crime prevention?
What is a potential problem associated with the use of incapacitation as a method of crime prevention?
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Which type of crime does the rational choice theory struggle to explain effectively?
Which type of crime does the rational choice theory struggle to explain effectively?
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Study Notes
Criminal Sanctions: Theories and Practices
- Criminal sanctions are largely influenced by prevailing theories of punishment.
- Individuals tend to support punishment theories that align with their desired outcomes.
- The relationship between politics and correctional policy is strong.
- Correctional policies in the US reflect evolving political landscapes.
- Liberal eras (1960s-1970s) saw judicial and executive branches primarily responsible for sentencing, with rehabilitation as the main goal.
- Conservative eras (1980s-1990s) shifted sentencing power to legislatures emphasizing retribution, incapacitation, and deterrence.
Deterrence Theory
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Deterrence is a popular theory suggesting that fear of punishment can reduce undesirable behavior.
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Jeremy Bentham formalized deterrence, emphasizing celerity (speed), certainty, and appropriate severity of punishment.
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Rational choice theory underlies deterrence, asserting that individuals weigh the costs and benefits before committing crimes.
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General deterrence uses punished individuals as examples to deter others.
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Specific deterrence targets individuals to prevent recidivism.
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Critics of deterrence point to high recidivism rates, arguing that rational choice theories don't account for crimes driven by emotion or substance abuse.
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The criminal justice system heavily relies on rational choice theory (idea that people commit crimes because they choose to).
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Intent is a crucial element in American criminal law, that must be proven to obtain a conviction.
Incapacitation
- Incapacitation aims to prevent crime by physically separating offenders from society.
- It's a pragmatic approach, but only effective as long as offenders remain incarcerated.
- High social and financial costs are associated.
- Over-reliance on long sentences results in large-scale incarceration and expensive prison facilities.
Rehabilitation
- Rehabilitation aims at reforming offenders to become productive members of society.
- Early corrections systems were heavily focused on this approach, encompassing education and treatment programs.
- Rehabilitation has shown mixed results due to lack of funding, poor planning and execution.
- Modern efforts like drug courts show potential for effective rehabilitation, targeting nonviolent or first-time offenders.
Retribution
- Retribution emphasizes deserved punishment that directly corresponds to the severity of the crime.
- This mirrors the "just desert" concept.
- Difficulty arises from the application of a principle that doesn't necessarily lend itself to precisely measuring criminal responsibility.
- Proportionality is a goal in retribution, but challenging to maintain consistently.
Racism in the US Criminal Justice System
- Disproportionate minority contact is a significant issue throughout the entire criminal justice system.
- Police practices and judicial decisions are frequently scrutinized for discriminatory biases.
- Racial disparities (e.g., African-Americans incarcerated for drug offenses at a higher rate than whites) are widely documented.
- Legal vs. extralegal factors contribute to sentencing disparities.
- Differences between the proportion of certain groups in the general population and their presence at various stages of the criminal justice system quantify racial bias.
- Drug policy, particularly crack vs. powder cocaine sentencing, historically exemplifies institutional racism.
- Proposed explanations for these include individual and institutional racism, and variation in criminal activity.
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Description
Explore the various theories of punishment and their impact on criminal sanctions. This quiz delves into deterrence theory, the political influences on correctional policies, and the evolution of sentencing standards in the United States. Test your knowledge on how these dynamics shape the criminal justice system.
