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SOC 337 Final: Final Exam Study Guide

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University of Kentucky
SOC 337

Final Exam Study Guide • Retribution: punishment should be proportionate to the harm that a person has caused. o ex: Lex Talionis: an eye for an eye and a tooth for a tooth. o Hinges on the idea that punishment is deserved. • Deterrence: goal of punishment is to prevent people from committing delinquency or crime o Geared towards future behavior o Cost of crime outweighs any potential benefits in the mind of the potential offender o Adheres to three elements: severity, certainty, celerity (swiftness) • General vs. specific deterrence: o Specific: goal of punishment is to prevent the punished individual from committing the same act of crime in the future o General: goal of punishment is to prevent others who witness the punishment from engaging in crime or delinquency • Incapacitation: making someone incapable of committing a crime o Typically through: ▪ Isolation ▪ Restricting their movement and/or choices within society ▪ Geared toward future behavior • Selective incapacitation: High-risk offenders can be identified and incapacitated for long periods of time, while lower-risk offenders can be handled with less serious punishment o incarceration, probation, house arrest • rehabilitation: goal of punishment is to help wrongdoers change their behavior so they can eventually thrive as healthy members of society o basis for the creation of a separate juvenile justice system o focus on changing one’s behavior for the benefit of the individual and for society as a whole • restoration: punishment should ideally be the least restrictive form necessary and should be used to bring some sort of healing or closure to the people affected by the crime o stresses accountability as an outcome o restores balance that existed before the harm occurred o more commonly used for juveniles (ex: restitution) • Moral deserts: punishment is deserved • In re gualt: alleged juvenile delinquents have the right to hearings in which formal procedures are followed o Meaning- there must be evidence that they have committed an act of delinquency in order to institutionalize them • In re winship: “beyond a reasonable doubt” established as the standard of proof for conviction in juvenile proceedings o Protects from undeserved confinement • Kent vs. United States (1966): juveniles have the right to a hearing before having their case transferred to adult court and an explanation as to why the juvenile court thought it necessary • McKeiver vs. Pennsylavania (1971): youth are not entitled to a jury trial • Breed vs. Jones (1975): juveniles cannot be waived to adult court for a trial after being adjudicated in juvenile court • Smith vs. Daily Mail Publishing Co. (1977): juvenile court proceedings can be reported by the press in certain circumstances • Schall vs. Martin (1984): preventative (pretrial) detention of juveniles is allowed in certain circumstances • Superpredator:”get tough” trend is the era characterized by a moral panic in reaction to the superpredator o Transfer to adult court became increasingly popular o Stricter sentences were imposed • Deinstitutionalization: moving juveniles out of detention or avoiding the detention of juveniles as punishment • JJDP Act responses to “get tough” era: mandated the core requirements for juvenile justice system o Deinstitutionalization of status offenders o Adult jail and lockup removal o Sight and sound separation o Reduction of disproportionate minority confinement (DMC) • Roper vs. Simmons (2005): abolished capital punishment for offenders who were juveniles when they committed their crime th o Based on the 8 amendment (cruel and unusual punishment) o Juveniles are less responsible than adults and therefor are not deserving of capital punishment • Graham vs. Florida (2010): juveniles who have not killed anyone cannot be sentenced to life in prison without the possibility of parole o 8th amendment • Miller vs. Alabama (2012): prohibited mandatory life sentences for juveniles convicted of murder o 8 amendment o judges need to weigh each individual case to see if it would be appropriate • organization of the juvenile court: in most jurisdictions juvenile court is broken down into two separate divisions: o juvenile justice system: delinquency cases o dependency court: dependency and child welfare • three major roles of police officers: o law enforcement: involves activities where police make arrests, issue citations, conduct investigations, and attempt to prevent and deter criminal activity o order maintenance: may or may not involve a violation of the law, during which officers tend to use alternatives to formal sanctions o service: involves taking reports and providing information and assistance to the public • Miranda vs. Arizona (1966): ensures all alleged offenders right aren’t violated th o Based on the 5 amendment (privilege from self-incarceration) • Types of waivers: o Automatic waiver: commission of certain specific offenses may result in an automatic waiver to adult system o Prosecutorial waiver: certain offenses may give the prosecuting attorney the discretion to file in either the juvenile or adult system o Judicial waiver: the judge has the discretion to transfer a juvenile to
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