Week 1 & 2: Social Control and Punishment
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Questions and Answers

What is considered the most serious form of social control?

  • Corrections (correct)
  • Shunning
  • Scolding
  • Reward

Which statement best reflects Emile Durkheim's view on crime and punishment?

  • Punishment highlights societal rules and values. (correct)
  • Only severe punishment can lead to social harmony.
  • Crime is a sign of societal failure.
  • Crime should be completely eradicated for a healthy society.

Which of the following is NOT a listed form of social control?

  • Scolding
  • Expulsion
  • Community service (correct)
  • Ostracizing

In the context of corrections, which facility is typically used for individuals awaiting trial?

<p>Jail (B)</p> Signup and view all the answers

What does federalism refer to in relation to the correctional system?

<p>Power divided between national and state governments. (C)</p> Signup and view all the answers

What is a key reason for the importance of court-supervised actions for defendants in the community?

<p>They ensure defendants perform certain acts under court oversight. (D)</p> Signup and view all the answers

What distinguishes decentralized probation from centralized probation?

<p>Decentralized probation is administered by local jurisdictions, allowing for flexibility. (A)</p> Signup and view all the answers

Which of the following refers to a scenario where a defendant is sentenced but not required to serve time immediately?

<p>Imposition of sentence suspended (A)</p> Signup and view all the answers

What is the purpose of shock incarceration?

<p>To give offenders a brief, intense punishment to encourage compliance. (D)</p> Signup and view all the answers

What is meant by the term 'recognizance' in relation to sentencing?

<p>A commitment to appear in court when summoned. (B)</p> Signup and view all the answers

What was the main purpose of the Code of Hammurabi?

<p>To outline punishments for various offenses (B)</p> Signup and view all the answers

Which of the following best describes the Lex Talionis?

<p>An eye for an eye principle of retaliation (C)</p> Signup and view all the answers

Which penal system combined elements of a workhouse and a poorhouse?

<p>House of Corrections (D)</p> Signup and view all the answers

What did Jeremy Bentham propose regarding prison management?

<p>Utilitarian principles in prison discipline (B)</p> Signup and view all the answers

What principle did Cesare Beccaria emphasize in classical criminology?

<p>Laws must be codified for citizens to understand them (C)</p> Signup and view all the answers

What is the primary goal of rehabilitation in corrections?

<p>Reforming the convicted through treatment (D)</p> Signup and view all the answers

Which of the following best defines the 'indeterminate sentence'?

<p>A flexible period based on behavior and treatment (B)</p> Signup and view all the answers

What characterizes the Pennsylvania (Separate) System of imprisonment?

<p>Isolation is enforced with silence and hard labor (B)</p> Signup and view all the answers

What feature was specific to the New York (Auburn) System?

<p>Sleeping in cells with congregate labor during the day (B)</p> Signup and view all the answers

Which amendment emphasizes protection against excessive bail and cruel punishments?

<p>8th Amendment (C)</p> Signup and view all the answers

What does selective incapacitation aim to achieve?

<p>Targeting individuals whose imprisonment will reduce crime (A)</p> Signup and view all the answers

What did the Lease System involve concerning incarcerated individuals?

<p>Leasing inmates to contractors for labor (C)</p> Signup and view all the answers

What is one of the outcomes of the Reformatory Movement in the mid-1800s?

<p>Growth of overcrowding and understaffing issues (D)</p> Signup and view all the answers

What is the primary function of a Presentence Investigation Report (PSI)?

<p>To summarize the background of the convicted individual for sentencing purposes (B)</p> Signup and view all the answers

What defines the difference between probation and parole?

<p>Probation occurs before imprisonment, while parole occurs after imprisonment (A)</p> Signup and view all the answers

What is the purpose of standard conditions of probation?

<p>To provide essential guidelines for all probationers (B)</p> Signup and view all the answers

Which statement best describes the principle of interchangeability in intermediate sanctions?

<p>Different forms of sanctions can be regarded as equal despite their differences (D)</p> Signup and view all the answers

What is the primary focus of the custodial model of incarceration?

<p>Security, discipline, and order (C)</p> Signup and view all the answers

What role does risk assessment play in the probation process?

<p>It indicates the likelihood of recidivism for each offender (A)</p> Signup and view all the answers

Which type of prison is designed to minimize the possibility of escapes and violence?

<p>Maximum-security prison (D)</p> Signup and view all the answers

What happens when a person on probation successfully completes their term?

<p>They are released from all legal obligations. (C)</p> Signup and view all the answers

What is the primary goal of evidence-based supervision?

<p>To focus on high-risk individuals with tailored interventions (C)</p> Signup and view all the answers

Under which California statute do individuals earn 50% presentence credits?

<p>PC 4019 (A)</p> Signup and view all the answers

What is one justification for granting parole?

<p>Rehabilitation and reintegration into society (C)</p> Signup and view all the answers

What is a technical violation in the context of probation?

<p>Non-compliance with specified rules of probation (C)</p> Signup and view all the answers

Which of the following best describes the concept of split sentencing?

<p>A combination of jail time and a subsequent period of probation (B)</p> Signup and view all the answers

What is the key characteristic of the reintegration model?

<p>Maintaining ties to family and community (A)</p> Signup and view all the answers

Which type of release requires completion of the prison term, minus good time credits?

<p>Mandatory release (D)</p> Signup and view all the answers

What is meant by the term 'recidivism'?

<p>The return of a convicted individual to criminal behavior (C)</p> Signup and view all the answers

What role does the warden play in a prison?

<p>Chief executive of the institution (C)</p> Signup and view all the answers

Which of the following conditions is described as 'punitive' during probation?

<p>Fines imposed as part of the probation terms (A)</p> Signup and view all the answers

What does the principle of 'evidence-based practice' emphasize in correctional methods?

<p>Implementing strategies supported by research and effective outcomes (C)</p> Signup and view all the answers

What is required for a parole officer to revoke an individual's parole?

<p>Committing a new crime or violating conditions of parole (A)</p> Signup and view all the answers

What may result from a new arrest while on probation?

<p>The probation status is automatically revoked. (A)</p> Signup and view all the answers

What does parole primarily represent in terms of incarceration?

<p>A conditional release under supervision (D)</p> Signup and view all the answers

What is the purpose of community correctional centers?

<p>Support for recently released individuals through small group living (B)</p> Signup and view all the answers

What does the term 'parens patriae' relate to in juvenile corrections?

<p>The state as a guardian of those unable to protect themselves (B)</p> Signup and view all the answers

Which legal process removes a conviction from official records?

<p>Expungement (D)</p> Signup and view all the answers

Incarcerated individuals' classification is a process used to determine what?

<p>Types of custody and treatment options (C)</p> Signup and view all the answers

What is the purpose of Title 42 USC Section 1983?

<p>To impose civil liability for constitutional rights violations. (A)</p> Signup and view all the answers

What is required under the rational basis test established in Turner v Safley (1987)?

<p>The regulation must advance a legitimate institutional goal in a rational manner. (D)</p> Signup and view all the answers

What did the Cooper v Pate (1964) case establish for state prisoners?

<p>A remedy for constitutional violations under USC 1983. (A)</p> Signup and view all the answers

What does the Hands Off policy refer to in the context of prisons?

<p>Judicial noninterference in prison administration. (A)</p> Signup and view all the answers

What must be demonstrated under the 14th Amendment's equal protection clause according to Johnson v California (2005)?

<p>Racial classifications are subject to strict scrutiny. (C)</p> Signup and view all the answers

What type of legal assistance does the Prison Litigation Reform Act specifically limit?

<p>Frivolous filings in federal courts. (A)</p> Signup and view all the answers

What does a Writ of Habeas Corpus allow a court to examine?

<p>The legality of a person's detention. (A)</p> Signup and view all the answers

In Bounds v Smith (1977), what was the key ruling concerning prison libraries?

<p>Prisons must provide reasonable access to law libraries and legal assistance. (C)</p> Signup and view all the answers

Which amendment prohibits unreasonable searches and seizures?

<p>4th Amendment (A)</p> Signup and view all the answers

What is the significance of the 8th Amendment in the context of prison rights?

<p>It protects against cruel and unusual punishment. (A)</p> Signup and view all the answers

What role does an ombudsman serve in the context of prison inmate grievances?

<p>To investigate complaints against government officials and recommend corrective measures. (C)</p> Signup and view all the answers

What does procedural due process guarantee?

<p>No government instrumentality will use procedures other than those prescribed by law. (A)</p> Signup and view all the answers

Under what condition can a judge grant a judicial reprieve according to the common law?

<p>If the defendant behaves well during incarceration. (C)</p> Signup and view all the answers

What was the outcome of Johnson v Avery (1969) regarding inmates assisting each other legally?

<p>Inmates are entitled to legal advice from fellow prisoners with security restrictions. (A)</p> Signup and view all the answers

Flashcards

Social Control

The act of influencing individuals to conform to societal expectations and rules.

Corrections

A serious form of social control involving consequences for breaking the law, such as imprisonment or community service.

Federalism

A system where power is shared between a national government and smaller regional governments, like states.

Jail

A short-term detention facility run by local governments, holding people awaiting trial or serving sentences of less than one year.

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Prison

A long-term detention facility run by state or federal governments, holding people convicted of crimes.

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Recognizance Release

A release from custody where the defendant promises to appear in court without bail, but is subject to conditions like regular check-ins and compliance with court orders.

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Community Supervision

A court order allowing a convicted person to live in the community, often with conditions and supervision, instead of serving a sentence in prison.

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Suspended Sentence

A type of probation where sentence execution is delayed, allowing the person to go free with conditions and supervision.

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Split Sentence

A sentence that involves both prison and community supervision, with a period in prison followed by probation.

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Decentralized Probation

Probation supervision and administration handled at the city or county level instead of by the state.

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Lex Talionis

The law of retaliation, where punishment is equal to the crime committed. Often summarized as "an eye for an eye."

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Wergild

A system of law that originated in England, where payment was made to compensate for a wrong committed and prevent blood feuds.

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Presentence Detention

A period of confinement before sentencing for both misdemeanors and felonies.

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Post-Sentence Terms for Misdemeanors

Incarceration for misdemeanors after sentencing.

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Felony Terms as Condition of Probation

A period of confinement for felonies, imposed as a condition of probation.

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Galley Slaves

The use of forced labor on ships, primarily for slaves and prisoners of war. It declined with the rise of larger sailing ships.

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Corporal Punishment

A type of punishment that involved physical pain, using methods like whipping.

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Branding

A punishment that involved branding the accused, publicly marking them as criminals.

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Mutilation

A punishment involving the removal or disfigurement of body parts, such as a hand, ear, or nose.

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Transportation

A punishment that involved the removal of individuals from society, often sent overseas to private companies for forced labor.

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Pennsylvania System (Separate System)

An early penal system that involved complete isolation of prisoners, focusing on reflection and repentance.

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New York (Auburn) System (Congregate System)

An early penal system that involved strict discipline and forced labor during the day, with isolation at night.

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Lease System

A system where prisoners were leased to private contractors for labor, providing them with food and clothing in exchange.

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Case Law

Legal rules produced by judges' decisions that serve as precedents for future cases.

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Judicial Review

The power of the courts to review laws and executive actions to determine if they are constitutional.

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Regulations

Legal rules created by agencies within the executive branch to implement specific policies.

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Hands-off Policy

A judicial policy of minimal involvement in prison administration.

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Separation of Powers

The principle of dividing governmental authority between different branches (Legislative, Executive, Judicial).

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Writ of Habeas Corpus

A court order that examines the legality of someone's detention in prison.

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Rational Basis Test

A 1983 Supreme Court standard used to determine the constitutionality of prison regulations. It requires a rational connection between the rule and a legitimate prison goal, ensuring alternative options for inmates and minimal impact on staff.

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1st Amendment

The 1st Amendment Right that protects freedom of speech, press, religion, assembly, and petition.

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4th Amendment

The 4th Amendment Right that protects individuals from unreasonable searches and seizures. However, inmates generally surrender this right in prison for security reasons.

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8th Amendment

The 8th Amendment Right that prohibits excessive bail and cruel and unusual punishment.

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Equal Protection

The 14th Amendment Right that ensures equal protection under the law for all citizens regardless of race, gender, or religion.

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Inmate-grievance Procedures

A formal process for inmates to file complaints and grievances about prison conditions.

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Ombudsman

A public official who investigates complaints against government officials and recommends solutions.

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Legal Assistance

Legal assistance available to inmates to help them understand their rights and navigate the legal system.

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Probation

Supervision in the community, often with a local custody component, where offenders are monitored and supported to reintegrate into society.

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Parole

Supervision in the community after a prison sentence, where offenders are released and monitored to ensure their successful reintegration.

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Presentence Investigation Report (PSI)

An investigation and report compiled on a convicted individual's background, history, and potential risks, used by the judge to determine an appropriate sentence.

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Investigation (Probation)

The process of collecting evidence and information to create a comprehensive understanding of a convicted individual's background, including their past offenses, social supports, and potential risks.

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Victim Impact Statement

A written statement from the victim outlining the impact of the crime on their life, including emotional and financial losses.

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Supervision (Probation)

The primary function of a probation officer, involving frequent contact, monitoring, and support for offenders on probation.

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Standard Conditions (Probation)

Specific rules and conditions imposed on all people on probation, such as mandatory reporting and maintaining employment.

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Punitive Conditions (Probation)

Additional restrictions imposed on some probationers to increase the severity of their supervision, such as fines, community service, or restitution.

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Treatment Conditions (Probation)

Conditions imposed on some probationers to address specific issues or needs, such as substance abuse or mental health treatment.

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Recidivism

The return of a former correctional client to criminal behavior, as measured by new arrests or other legal issues.

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Evidence-Based Supervision

A correctional approach that uses proven methods and research findings to effectively manage offenders and reduce recidivism rates.

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Continuum of Sanctions

A range of sanctions that offer more flexible options than traditional probation or prison, tailored to individual offenders.

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Pretrial Diversion / DEOJ

A program that diverts individuals from the court system, providing alternatives to incarceration for non-violent offenses, often involving treatment and support services.

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Intensive Supervision Probation

Programs designed to address the needs of high-risk offenders, providing intensive supervision and support, aiming to reduce recidivism.

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Maximum-Security Prison

A type of prison designed for high-risk inmates with strict security measures to minimize the possibility of escapes and violence, involving restricted movement and minimal contact with the outside world.

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Rehabilitation Model

A prison that aims to rehabilitate inmates through individual treatment programs, aiming to equip them with the skills and resources to reintegrate into society.

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Reintegration Model

A prison model that prioritizes the maintenance of an individual’s connections to their family and community as a means of reform, aiming to ease the transition back to society.

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Therapeutic Community

Institutional environment designed to promote prosocial attitudes and behaviors in inmates, where all aspects of the prison work together in achieving this goal.

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Prison Industry: Lease System

A system where inmates' labor is used for profit, with private employers contracting with the prison for the production of goods. Prison receives compensation, inmates are paid low wages, and often raw materials are supplied by the contractor.

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Classification Process

The process through which inmates are assessed and assigned to specific types of custody and treatment programs based on factors like risk, needs, and amenability to rehabilitation.

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Expungement

A process where a conviction is legally removed from official records, allowing for the individual to have a fresh start.

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Formal Probation

A type of community supervision where a convicted person remains free but must abide by certain rules and conditions set forth by the court, typically supervised by probation officers.

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Discretionary Release

A type of parole where an individual is released from prison to community supervision, with the release being determined by the parole board based on various factors such as the nature of the offense, criminal history, and institutional adjustments.

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Mandatory Release

A parole release mechanism where individuals are released from prison to community supervision after completing a specific portion of their sentence, with no discretion from the parole board.

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Parole Revocation

The revocation of parole, where a parolee is returned to prison for violating the rules and conditions of their release. This can happen for committing new crimes, violating parole conditions, or failing to maintain compliance.

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Study Notes

Week 1: Social Control & Corrections

  • Social control compels adherence to social norms through various methods, including ostracization, rewards, reprimands, banishment, and corrections.
  • Corrections encompass programs, services, and facilities managing individuals accused or convicted of crimes.
  • Federalism divides power between national and state governments, involving both levels in corrections.
  • Jails house individuals awaiting trial or serving misdemeanor sentences, often county-administered.
  • Prisons incarcerate those convicted of felonies, typically state-managed.

Week 2: Historical Punishments & Classical Criminology

  • Codes like Hammurabi's and Draconian codes established legal frameworks and punishments.

  • Lex talionis ("eye for an eye") was a common principle in early law.

  • Secular law evolved from feudal systems, distinct from church law.

  • Wergild (England) involved monetary compensation for wrongs to prevent blood feuds.

  • Common European punishments before the 1800s included galley slavery, imprisonment, transportation, corporal punishment, branding, mutilation, and death.

  • Cesare Beccaria (classical criminology) linked crime severity to punishment severity, aiming for utility (public safety).

  • Beccaria’s six principles of classical criminology highlight utilitarian concepts, societal injury as a measure of crime, crime prevention, codified laws, abolishing torture, and proportionate punishments.

  • Jeremy Bentham (utilitarianism) developed hedonistic calculus and the panopticon (inspection house) prison design.

  • John Howard advocated for prison reform, leading to the Penitentiary Act of 1779 (secure facilities, systematic inspections, and abolition of fees).

  • William Penn's "Great Law" emphasized hard labor and humane principles, replacing the Anglican Code's death penalty for most crimes.

  • Penitentiaries (1790) aimed to isolate, reflect, repent, and reform incarcerated individuals, using solitary confinement or congregate systems.

  • The Pennsylvania System emphasized solitary confinement, while the New York (Auburn) System used congregate labor.

  • The Lease System hired out incarcerated individuals to private companies until the Anti-Contract Law of 1887.

  • Reformers in the mid-1800s led to the Reformatory Movement, challenging the penitentiary model.

  • Alexander Maconochie's Mark System implemented graded penalties toward release based on good behavior (not established in England).

Week 3: Constitutional Rights & Prison Litigation

  • Constitutions (state and federal) provide frameworks for government power and individual protections (Bill of Rights).
  • Statutes specify rights and duties relating to incarceration beyond constitutional provisions.
  • Judicial review assesses legal compliance with the constitution.
  • Regulations implement state policies and affect incarcerated rights.
  • The "hands-off" policy (prior to Cooper v Pate) limited judicial involvement in prison affairs.
  • Title 42 USC Section 1983 establishes liability for rights violations.
  • Cooper v Pate (1964) allowed incarcerated individuals to sue for constitutional violations in federal court.
  • Johnson v Avery outlined inmates' right to legal assistance from other inmates, acknowledging security considerations.
  • Bounds v Smith mandated reasonable access to law libraries and legal aid.
  • The Supreme Court introduced the Turner v Safley (1987) rational basis test for prison regulations to justify limits on constitutional rights in a way that serves legitimate penological interests.
  • 1st Amendment rights (speech, religion, assembly) are vital in prison settings.
  • 4th Amendment rights relating to searches and seizures are affected by institutional needs.
  • 8th Amendment's protection against cruel and unusual punishments are applied to prison conditions.
  • The 14th Amendment guarantees due process and equal protection.
  • Key issues for incarcerated individuals: litigation, inmate grievances, ombudsman, mediation, and legal assistance as alternatives to lawsuits.

Week 4: Judicial Reprieve, Probation, & Intermediate Sanctions

  • Judicial reprieve (suspension or postponement of sentencing) was previously allowed under English common law but deemed unconstitutional in the 1916 US Supreme Court.
  • Recognizance (a court order for conditional freedom) is a crucial concept.
  • Split sentences combine incarceration with community supervision.
  • Shock incarceration, intermittent incarceration, decentralized, and centralized probation are administration options.
  • Probation investigates background, aids sentencing decisions, identifies risks/needs, and supports treatment planning.
  • Supervision involves establishing relationships, setting goals, and terminating the probationary status.
  • Probation philosophies involve law-enforcement-style control versus social work-support.
  • Standard, punitive, and treatment conditions often accompany probation.
  • Probation effectiveness is measured by recidivism rates.
  • Evidence-based supervision focuses on high-risk clients, intervention, and treatment.
  • Intermediate sanctions (fines, community service, restitution, day reporting, intensive supervision, home confinement, electronic monitoring, and shock incarceration) offer options beyond probation or incarceration.
  • Concepts of interchangeable punishments apply based on equivalence.

Week 5: Sentencing & Determining Sentences

  • DSL (Determinate Sentence Law) terminology details the calculation of sentences, including base terms, enhancements, concurrent/consecutive terms, and priors.
  • Rule of Court criteria for mandatory supervision denial analyze custody exposure, individual circumstances, the nature of the case, and the defendant's past performance.
  • Rules regarding conditional release conditions and length address program availability, public safety, and the defendant's needs/risks.
  • Split sentences are exampled outlining the computation of a sentence with time served in prison, followed by periods in mandatory supervision.
  • Proposition 57 modifications to state prison sentences affect eligibility for early parole, depending on offense categories.
  • Calculation of credits (pre-sentence, post-sentence) is essential for determining the actual time served.

Week 6: Institutional Organization Concepts & Programs

  • Prison organizational concepts define roles, responsibility, authority, supervision span, and formal structures.
  • Inmate balance theory suggests that officials must balance order and tolerance.
  • Administrative control theory pinpoints management deficiencies as a cause of disorder.
  • Prison classification assigns individuals to custody levels and treatment programs.
  • Rehabilitation programs (behavior theory, social therapy, therapeutic communities) aim to modify behavior and attitudes.
  • Prison industry methods include contract labor with piece-price or lease systems.

Week 7: Parole, Release, & Juvenile Corrections

  • Parole is conditional release from incarceration after part of the sentence; it functions as grace.
  • Discretionary and mandatory release mechanisms exist.
  • Justifications include rehabilitation, deterrence, and community protection.
  • Parole board decisions weigh various components of the offender's situation.
  • Parole revocation follows a two-step process.
  • Residential programs (community centers, work-release) offer alternatives to traditional incarceration.
  • Expungement and pardon, as tools of leniency, exist.
  • Juvenile rights evolve with historical court cases.
  • Key periods in juvenile rights involve Kent v. US, In re Gualt, In re Winship, McKeiver v. Pennsylvania, Roper v. Simmons, Graham v. Florida, Miller v. Alabama, People v. Caballero, and People v. Contreras.

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Explore the fundamental concepts of social control and corrections in criminal justice from Week 1, followed by an examination of historical punishments and classical criminology from Week 2. This quiz highlights the evolution of legal frameworks and the role of various legal codes in shaping modern penal systems.

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