Dealing with lawbreakers
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Dealing with Lawbreakers. Medieval Criminal Justice. Trial by ordeal Severe public punishment/executions. A Reform Movement. The Enlightenment Depart from “supernatural” theory Assumptions about human nature. Classical Response to Crime. On Crimes and Punishment , Beccaria (1764)

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Dealing with Lawbreakers

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Dealing with Lawbreakers


Medieval Criminal Justice

  • Trial by ordeal

  • Severe public punishment/executions


A Reform Movement

  • The Enlightenment

  • Depart from “supernatural” theory

  • Assumptions about human nature


Classical Response to Crime

  • On Crimes and Punishment, Beccaria (1764)

  • Underlying theory


Principles of Deterrence

  • Certainty

  • Swiftness

  • Severity


Empirical Researchon Deterrence

  • There is moderate support for the effect of certainty, little to none for severity


Specific v. General Deterrence

  • Specific Deterrence

  • General Deterrence


Formal v. Informal Punishment

  • Informal = unofficial punishment

  • Informal enhances formal sanctions


Deterrence

Incapacitation

Rehabilitation

Retribution

Goals of Punishment


The “System” of Criminal JusticeAn Ideal Model

Crime

Police

Prosecutor

Court

Corrections


The Ideal Courtroom

  • Adversarial System

  • The facts of each case are heard

  • Witnesses are called

  • Justice prevails


Courtroom Reality

  • The Courtroom Workgroup

  • Punishment based on the “going rate”


State Felony Convictionsby Guilty Plea (No Trial)

Source: Bureau of Justice Statistics, 1998


Sentencing: Three Focal Concerns

  • Offender’s blameworthiness

  • Protection of the community

  • Practical concerns


Prison

  • Prison (currently ~ 1/2 million inmates)

    • Recidivism

    • Expensive

  • Current conditions

    • Overcrowding

    • Few rehabilitative services

    • Aging prison population

    • Security is main concern


Community-Based Corrections

  • Less costly than prison

  • If revoked -> prison (technical violations)

  • Probation involves the most offenders (about 2 million)


Criminal Justice Funnel

1,000 felony crimes 63% not reported

370 reported to police 80% not arrested

42 prosecuted 2% not convicted

41 convicted in court 32% no prison/jail

28 imprisoned

2-3% of felony crimes

result in imprisonment


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