Criminal Sanctions Theories and Practices

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

• Deterrence is a popular theory suggesting that fear of punishment can reduce undesirable behavior.

• Jeremy Bentham formalized deterrence, emphasizing celerity (speed), certainty, and appropriate severity of punishment.

• Rational choice theory underlies deterrence, asserting that individuals weigh the costs and benefits before committing crimes.

• General deterrence uses punished individuals as examples to deter others.

• Specific deterrence targets individuals to prevent recidivism.

• Critics of deterrence point to high recidivism rates, arguing that rational choice theories don't account for crimes driven by emotion or substance abuse.

• The criminal justice system heavily relies on rational choice theory (idea that people commit crimes because they choose to).

• 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.

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.