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Questions and Answers
What is considered the most serious form of social control?
What is considered the most serious form of social control?
Which statement best reflects Emile Durkheim's view on crime and punishment?
Which statement best reflects Emile Durkheim's view on crime and punishment?
Which of the following is NOT a listed form of social control?
Which of the following is NOT a listed form of social control?
In the context of corrections, which facility is typically used for individuals awaiting trial?
In the context of corrections, which facility is typically used for individuals awaiting trial?
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What does federalism refer to in relation to the correctional system?
What does federalism refer to in relation to the correctional system?
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What is a key reason for the importance of court-supervised actions for defendants in the community?
What is a key reason for the importance of court-supervised actions for defendants in the community?
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What distinguishes decentralized probation from centralized probation?
What distinguishes decentralized probation from centralized probation?
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Which of the following refers to a scenario where a defendant is sentenced but not required to serve time immediately?
Which of the following refers to a scenario where a defendant is sentenced but not required to serve time immediately?
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What is the purpose of shock incarceration?
What is the purpose of shock incarceration?
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What is meant by the term 'recognizance' in relation to sentencing?
What is meant by the term 'recognizance' in relation to sentencing?
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What was the main purpose of the Code of Hammurabi?
What was the main purpose of the Code of Hammurabi?
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Which of the following best describes the Lex Talionis?
Which of the following best describes the Lex Talionis?
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Which penal system combined elements of a workhouse and a poorhouse?
Which penal system combined elements of a workhouse and a poorhouse?
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What did Jeremy Bentham propose regarding prison management?
What did Jeremy Bentham propose regarding prison management?
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What principle did Cesare Beccaria emphasize in classical criminology?
What principle did Cesare Beccaria emphasize in classical criminology?
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What is the primary goal of rehabilitation in corrections?
What is the primary goal of rehabilitation in corrections?
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Which of the following best defines the 'indeterminate sentence'?
Which of the following best defines the 'indeterminate sentence'?
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What characterizes the Pennsylvania (Separate) System of imprisonment?
What characterizes the Pennsylvania (Separate) System of imprisonment?
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What feature was specific to the New York (Auburn) System?
What feature was specific to the New York (Auburn) System?
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Which amendment emphasizes protection against excessive bail and cruel punishments?
Which amendment emphasizes protection against excessive bail and cruel punishments?
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What does selective incapacitation aim to achieve?
What does selective incapacitation aim to achieve?
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What did the Lease System involve concerning incarcerated individuals?
What did the Lease System involve concerning incarcerated individuals?
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What is one of the outcomes of the Reformatory Movement in the mid-1800s?
What is one of the outcomes of the Reformatory Movement in the mid-1800s?
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What is the primary function of a Presentence Investigation Report (PSI)?
What is the primary function of a Presentence Investigation Report (PSI)?
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What defines the difference between probation and parole?
What defines the difference between probation and parole?
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What is the purpose of standard conditions of probation?
What is the purpose of standard conditions of probation?
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Which statement best describes the principle of interchangeability in intermediate sanctions?
Which statement best describes the principle of interchangeability in intermediate sanctions?
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What is the primary focus of the custodial model of incarceration?
What is the primary focus of the custodial model of incarceration?
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What role does risk assessment play in the probation process?
What role does risk assessment play in the probation process?
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Which type of prison is designed to minimize the possibility of escapes and violence?
Which type of prison is designed to minimize the possibility of escapes and violence?
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What happens when a person on probation successfully completes their term?
What happens when a person on probation successfully completes their term?
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What is the primary goal of evidence-based supervision?
What is the primary goal of evidence-based supervision?
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Under which California statute do individuals earn 50% presentence credits?
Under which California statute do individuals earn 50% presentence credits?
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What is one justification for granting parole?
What is one justification for granting parole?
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What is a technical violation in the context of probation?
What is a technical violation in the context of probation?
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Which of the following best describes the concept of split sentencing?
Which of the following best describes the concept of split sentencing?
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What is the key characteristic of the reintegration model?
What is the key characteristic of the reintegration model?
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Which type of release requires completion of the prison term, minus good time credits?
Which type of release requires completion of the prison term, minus good time credits?
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What is meant by the term 'recidivism'?
What is meant by the term 'recidivism'?
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What role does the warden play in a prison?
What role does the warden play in a prison?
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Which of the following conditions is described as 'punitive' during probation?
Which of the following conditions is described as 'punitive' during probation?
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What does the principle of 'evidence-based practice' emphasize in correctional methods?
What does the principle of 'evidence-based practice' emphasize in correctional methods?
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What is required for a parole officer to revoke an individual's parole?
What is required for a parole officer to revoke an individual's parole?
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What may result from a new arrest while on probation?
What may result from a new arrest while on probation?
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What does parole primarily represent in terms of incarceration?
What does parole primarily represent in terms of incarceration?
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What is the purpose of community correctional centers?
What is the purpose of community correctional centers?
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What does the term 'parens patriae' relate to in juvenile corrections?
What does the term 'parens patriae' relate to in juvenile corrections?
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Which legal process removes a conviction from official records?
Which legal process removes a conviction from official records?
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Incarcerated individuals' classification is a process used to determine what?
Incarcerated individuals' classification is a process used to determine what?
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What is the purpose of Title 42 USC Section 1983?
What is the purpose of Title 42 USC Section 1983?
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What is required under the rational basis test established in Turner v Safley (1987)?
What is required under the rational basis test established in Turner v Safley (1987)?
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What did the Cooper v Pate (1964) case establish for state prisoners?
What did the Cooper v Pate (1964) case establish for state prisoners?
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What does the Hands Off policy refer to in the context of prisons?
What does the Hands Off policy refer to in the context of prisons?
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What must be demonstrated under the 14th Amendment's equal protection clause according to Johnson v California (2005)?
What must be demonstrated under the 14th Amendment's equal protection clause according to Johnson v California (2005)?
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What type of legal assistance does the Prison Litigation Reform Act specifically limit?
What type of legal assistance does the Prison Litigation Reform Act specifically limit?
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What does a Writ of Habeas Corpus allow a court to examine?
What does a Writ of Habeas Corpus allow a court to examine?
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In Bounds v Smith (1977), what was the key ruling concerning prison libraries?
In Bounds v Smith (1977), what was the key ruling concerning prison libraries?
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Which amendment prohibits unreasonable searches and seizures?
Which amendment prohibits unreasonable searches and seizures?
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What is the significance of the 8th Amendment in the context of prison rights?
What is the significance of the 8th Amendment in the context of prison rights?
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What role does an ombudsman serve in the context of prison inmate grievances?
What role does an ombudsman serve in the context of prison inmate grievances?
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What does procedural due process guarantee?
What does procedural due process guarantee?
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Under what condition can a judge grant a judicial reprieve according to the common law?
Under what condition can a judge grant a judicial reprieve according to the common law?
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What was the outcome of Johnson v Avery (1969) regarding inmates assisting each other legally?
What was the outcome of Johnson v Avery (1969) regarding inmates assisting each other legally?
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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
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Codes like Hammurabi's and Draconian codes established legal frameworks and punishments.
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Lex talionis ("eye for an eye") was a common principle in early law.
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Secular law evolved from feudal systems, distinct from church law.
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Wergild (England) involved monetary compensation for wrongs to prevent blood feuds.
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Common European punishments before the 1800s included galley slavery, imprisonment, transportation, corporal punishment, branding, mutilation, and death.
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Cesare Beccaria (classical criminology) linked crime severity to punishment severity, aiming for utility (public safety).
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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.
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Jeremy Bentham (utilitarianism) developed hedonistic calculus and the panopticon (inspection house) prison design.
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John Howard advocated for prison reform, leading to the Penitentiary Act of 1779 (secure facilities, systematic inspections, and abolition of fees).
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William Penn's "Great Law" emphasized hard labor and humane principles, replacing the Anglican Code's death penalty for most crimes.
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Penitentiaries (1790) aimed to isolate, reflect, repent, and reform incarcerated individuals, using solitary confinement or congregate systems.
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The Pennsylvania System emphasized solitary confinement, while the New York (Auburn) System used congregate labor.
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The Lease System hired out incarcerated individuals to private companies until the Anti-Contract Law of 1887.
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Reformers in the mid-1800s led to the Reformatory Movement, challenging the penitentiary model.
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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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Description
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.