12 21 11 Final Study Guide 1 The article Use of Alternative Sentences Plunges for Federal Crimes The rate at which federal offenders are being sentenced to prison time has increased by 10 percentage points in the past 10 years while the use of alternative sentences such as probation and probation with confinement has decreased over the same period The states are far ahead of the federal government They have to live with the budgetary impact and the impact on the community They really want to keep people out of prison Earlier this month the New York State Commission on Sentencing Reform recommended sending thousands of nonviolent drug addicted defendants into treatment rather than prison Basically federal offenders as sentence by the federal government have been sentenced to confinement as opposed to alternate sentences more and more in the past 10 years However on a state level they are trying to increase alternate sentences as it is incredibly expensive to keep so many people in jail Article also states Home confinement is the most commonly imposed alternative sentence White offenders comprise approximately half of those sentenced to each of the alternative categories ranging from 48 6 percent to 54 5 percent while the proportion of black offenders is approximately one fourth Offenders with higher levels of education are more likely than less educated offenders to be sentenced to alternatives 2 Sentencing types and structure Types 1 Indeterminate A period set by a judge that specifies a minimum and a maximum time to be served in prison Sometime after that minimum the offender may be eligible for parole Finally ended in the 1960 s when it was determined that there needed to be more of a guideline for sentencing Based on this I m giving you this amount of time in jail More was playing a role than just judge s discretion 2 Determinate A sentence that fixes the term of imprisonment at a specific period 3 Presumptive A sentence for which the legislature or a commission sets a minimum and maximum range of months or years Judges are to fix the length of the sentence within that range allowing for special circumstances 4 Mandatory A sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria Example Judge and prosecutor if a gun is used in a crime automatic 5 year sentence Guidelines A mechanism to indicate to judges the expected sanction for certain offenses in order to reduce disparities in sentences 3 The Classical school and the concept of choice and liability 4 Differences between general and specific deterrence General Deterrence Punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses Assumes that when the public observes the punishment of criminals they will see that the costs outweigh the benefits Specific Deterrence Punishment inflicted on criminals to discourage them from committing future crimes The consequences of my crime were too painful I will not commit any other crime I do not want to risk being punished again 5 The Theory of Disablement 6 The article Incarceration Policy Strikes Out Exploding Prison Population Compromises the U S justice system 7 Fundamental differences between jails and prisons Prison deferred sentences longer than a year judicial level Jail less than a year smaller no exercise yards no real stratified society more minor crimes contain pretrial detainees presumed innocent county level more local that s why there are less programs 8 Review history of corrections from early England to what America developed as a free nation 9 9 Invention of Penitentiary Began during the Enlightenment period late 18th century in England John Howard published a book The State of Prisons in England and Whales describing the horrible conditions in the prisons he had observed Response led to the Penitentiary Act of 1779 calling for the creation of a house of hard labor where offenders would be imprisoned for up to two years Based on 4 principles 1 A secure and sanitary building 2 Inspection to ensure that offenders followed the rules 3 Abolition of the fees charged offenders for their food 4 A reformatory regime Definition Any institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds repent and reform Pennsylvania System of Separate Confinement Inmates were held in isolation from each other all work etc was done in cells Based on 5 Principles 1 Prisoners would not be treated vengefully but should be convinced that through hard and selected forms of suffering they could change their lives 2 Solitary confinement would prevent further corruption inside prison 3 In isolation offenders would reflect on their transgressions and repent 4 Solitary confinement would be punishment because humans are by nature social animals 5 Solitary confinement would be economical because prisoners would not need a long time to repent so fewer keepers would be needed and cost of clothing would be lower Auburn NY Congregate System Inmates held in isolation at night but worked and ate with other inmates during the day under a rule of silence 10 Correctional models Rehabilitation Community and Crime Control Models Rehabilitation The goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy no prison Criminal behavior is the result of a biological psychological or social deficiency they should be treated with medical or psychological help Once cured the offender may be released Community non violent offenders don t need to go to rehab get them diverted to program to help Goal is to reintegrate them into the community so rehabilitation should be carried out in the community rather than in prison if possible correctional workers should serve as advocates for offenders in their dealing with gov agencies Crime Control Based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision they remain in jail 11 The dual prison societies i e the official society guards workers admin and the captive prisoner society and the associated problems and conflicts a Official society might mistreat the prisoners b Rewarding and punishment c Corruption d Gaining cooperation of the inmates and developing a relationship and working with inmate
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