CJ 2501 Lecture Notes - Lecture 2: Medical Model, Equal Protection Clause, Larceny
2 Feb 2016
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Document Summary
Medical model crime as disease purpose of punishment is to cure. Length of incarceration depends on how long it takes. Problem: forces beyond offender"s control cause crime, don"t freely choose so can"t be blamed, therapy can be used to reform so won"t continue. Criminals can choose to change their lives so in future can be held responsible. Causes of crime, basics of human behavior complex can"t base policy on treatment. Doesn"t make sense to brand all criminals as sick. Justifies infliction of large doses of pain based on perceived need of the offender for corrections. Concept of curing against ones will, or assuming something is wrong with someone patronizing. *** burden of production is weaker than burden of persuasion *** Discretionary decision making: law not strictly enforced as written, cj agents must adapt to circumstances using their own judgment, law often not meant to apply to situations that strict reading would require but can be fairly applied.
