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ISU CJS 101 - Theories of Punishment and Sentencing Options

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CJS 101 1st Edition Lecture 19Outline of Last Lecture l. Study guideOutline of Current Lecture l. Purposes of punishmentA. RetributionB. DeterrenceC. RehabD. IncapacitationCurrent LectureTheories of Punishment and sentencing optionsPurposes of punishment: Punishment of offender (retribution) and Protection of public (deterrence, rehabilitation, incapacitation and restoration)Retribution: offender must suffer for wrong-doing, the aim of punishment is to respond in kind to one who has infringed on rights of others and deserves to be penalized (eye for eye), free will(man has a free moral agent, and his “choice” calls for equal response)Retribution advantages: satisfies public sense of “justice” and “desert”Retribution disadvantages: inhumane, expensive, inhibits individual change, make offenders even more dangerousDeterrence: purpose of punishment is to get people to conform their behavior to the law by assuring that non-conformityGeneral deterrence: punishment in intended to be an example to the general public , to discourage them from committing an offenseThese notes represent a detailed interpretation of the professor’s lecture. GradeBuddy is best used as a supplement to your own notes, not as a substitute.Special deterrence: punishment should discourage an individual offender form committing crime again in the futureDeterrence basis: assumes people are rational (people can assess costs, the will weigh consequences of actions), people will choose conduct if pleasure outweighs painDeterrence advantage: public safety, crime prevention (saves money, avoids crimnals)Deterrence disadvantages: crime not always rationalRehabilitation: restore a convicted offender to constructive place in society through vocational or educational training or therapy, to provide skills that will allow offenders to avoid crimeRehab basis: behavior is a function of social, psychological, economic, physical factors. If we can manipulate factors, we can change behaviorRehab advantages: public safety, societal improvement, humanitarian (individual salvation)Rehab disadvantages: difficult to accomplish, costs, we don’t sentence according to needsIncapacitation: deprive offender of ability to cimmit crimes against society, usually by detentionof the offender in prison or to otherwise render offender unable to do harmIncapacitation basis: less ambitious than social engineering, objective is to lock them up (public safety), skeptical (ability to diagnose needs of offender)Incapacitation advantages: public safety, simpleIncapacitation disadvatages: expensiveCustodial: banishment/transportation, incarcerationMechanical: electronic monitoring/belt restraint, sterilization, “chemical” castrationSurveillance: special intensive supervision, video home monitoring, community


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