CJ 100 MWF 9-9:50 Lecture 18Outline of Current Lecture II. Goals of PunishmentIII. Death PenaltyIV. Police response and actionV. Abuse of powerVI. Tennessee v GarnerCurrent LectureThe Goals of Punishment - Retribution – “deserved punishment” o “Eye for an eye” and “pay their debts” to society o The severity of the punishment should fit the seriousness of the crime - Deterrence – proactive o Criminal punishment used as a basis for affecting the future choices and behavior of individuals o Potential offenders will consider the costs vs. benefits before committing a crime o General deterrence – (TEST) Provides an example to the general public that discourages criminal behavior  Think of something that’s aimed at deterring society at large from committing crime  Example – public hangings, inmates working along the side of the roado Specific deterrence – (TEST) Targets the decisions and behavior of offenders who have already been convicted  Punishment is hard enough that the person never wants to go to jail again  Making prison horrible  3 strike law in California – three criminal strikes and you’re facing life in jail - Incapacitation o Depriving an offender of the ability to commit crimes against society; usually by detaining the offender in prison o Capital punishment is the ultimate method of incapacitation (TEST)o Death penalty o Selective incapacitation – These 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. Targeting repeat offenders with longer prison terms (“career criminals”) Death Penalty as a criminal Sanction - The U.S. Supreme Court suspended its use from 1972 to 1976 amid debates concerning the Eighth Amendment (cruel and unusual punishment) - Furman v. Georgia (1972) – (TEST)o Suspended death penalty, but also helped states rewrite their death penalty laws to passConstitutional threshold. o Holding: Supreme court found that death penalty was being imposed in an unconstitutional mannero Never ruled the death penalty itself to be unconstitutional o Application being viewed as arbitrary, not the actual death penalty - EXTRA CREDIT QUESTION ON QUIZ: Which state has the largest total # of death row inmates as of July 1, 2014? (743 total) – California o Florida is 2o Texas is 3o Alabama is 4 - States with death penalty v. states without death penalty o States with death penalty have higher murder rate compared to those that don’t o Not to say that this has to do with death penalty, states with death penalty could have higher rate without ito Not all states use the death penalty - Exonerations - Methods of Execution o Hanging is still on the books in some states if lethal injection isn’t available The Goals of Punishment (continued…) - Rehabilitation o Goal of restoring a convicted offender to a constructive p lace in society though training and therapy o Focuses on the offender, offenders are treated, not punishedo Judges should avoid fixed sentences, instead using maximum and minimum guidelines torelease offenders when rehabilitated Where does our CJ system fall today? - Incapacitation - EXTRA CREDIT QUESTION QUIZ: Recitibism rate (committed criminal offense, get locked up, and get released and commit another) 40-50%Police Response and Action - Police are mainly reactive (vs. proactive) - Usually arrive at the scene after the crime was committed (about ¾ of the time the police arrive after) - Incident driven policing – reactive approach that focuses on priority calls Abuse of power - Police brutality – the intentional use of excessive force- What is excessive force? o Any force beyond what is necessary to arrest a suspect and keep police and bystanders safe - Use of deadly force Tennessee v. Garner (1985)o “Fleeing Felons” o Probable cause to believe that the suspect poses a significant threat of death or serious physical injury o Burglary in house, officer shows flashlight, doesn’t see a firearm, shoots boy in heado Supreme court says that’s excessive force and that you have to show that the fleeing felon has a firearm or is a threat to society o NOTE: police are taught to shoot center mass o This doesn’t apply to prisons, if a prisoner is looking to escape they can shoot them o Against 4th amendment, no gun means no probable cause to kill and killing is an intense