CJ 1001 Lecture Notes - Lecture 12: Prison Overcrowding, Human Behavior, Restorative Justice
10 Jan 2017
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Document Summary
Non- utilitarian punishment only bec deserved, no intent to achieve other goals. Pain of punishment must outweigh pleasure of crime. Specific: influence offender not to repeat crime. One not likely to repeat considered less dangerous. Selective: small # of offenders commit majority of serious crime. Judge sets min and max, actual time served based on time to rehab. People commit crime due to social, psych, biological problem. 1940-70- dominant sentencing goal studies challenged program effectiveness, leading to retribution, deterrence, incapacitation re-emerged: reintegration: reentry programs treatment, education prep for relapse from incarceration. Punishment purpose: offender to repair damage caused to victim, community. Crime challenges essence of community: violates trust. Mediation approach, all 3 decide on appropriate sanction. Alternative punishments include: public apology, restitution, community service. Basic sanctions: probation, intermediate sanction, incarceration, death. Crimes codes of each state and federal government define their sanctions separately. Judges have sentencing discretion; amount of discretion varies based on how the punishment is structured by statute.
