Vocabulary. Retribution- Theory that includes harsh punishment for criminals, such as long prison sentences and uncomfortable prison conditions. Rehabilitation- Theory that includes offering counseling and education to criminals in hopes of turning them into law abiding citizens.
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Vocabulary • Retribution- Theory that includes harsh punishment for criminals, such as long prison sentences and uncomfortable prison conditions. • Rehabilitation- Theory that includes offering counseling and education to criminals in hopes of turning them into law abiding citizens. • Recidivism- Rate at which criminals recommit crimes. • Detention- Punishment where a criminal is unable to leave a location, such as incarceration or house arrest. • Probation- Punishment where a criminal can serve sentence out of prison provided they meet certain conditions. • Parole- Early release for a prisoner.
Warm Up? • What do you think the difference is between Retribution and Rehabilitation?
Conflicting TheoriesRehabilitation vs. Retribution • Retribution • Concerned with punishing a person for their crime • Tend to emphasize long prison sentences, capital punishment, and uncomfortable prison conditions as the best means of deterrence • Rehabilitation • Transform prisoners into law abiding citizens • Advocate educational programs, counseling, and job training for those in prison as the best means of deterrence
Deterrence • Deterrence is meant to prevent future crimes • Advocates of Retribution and Rehabilitation point to recidivism as justification for their views • Recidivism is the rate at which criminal behavior is repeated by the same people
Retribution for Less Serious Crimes • Monetary Compensation • Convicted must pay $ in form of a fine, restitution, or compensation. • Restitution is money or property a person gained from their crime • Compensation is when a person is ordered to pay for another’s loss as a result of their crime • Community Service • The court can order the convicted to work a certain number of hours for a charity, shelter, cleaning up a public area • Probation • Instead of prison time the court sets certain conditions the convicted must meet
Retribution for Serious Crimes • Detention • Restriction of a person’s ability to leave a location • House Arrest • Form of detention where a person is confined to their home • Incarceration • Most Common form of detention • Long term incarcerations: State run prisons • Short term incarcerations: County run jail
Parole • Most people convicted do not spend their entire sentence behind bars • Parole means a person is released from prison but is still considered to be serving their sentence • This issue is debated frequently, especially when the person on parole continues to commit crimes • This has cause many states to enact “3 Strikes Laws”
Confiscation of Property • The state takes a person’s home, money, possessions, etc. as punishment • Ex: Person convicted of tax evasion could have their house confiscated
Capital Punishment • Known as “The Death Penalty” • Most serious form a retribution • Not used in every state, (is used in NC) it is reserved for those convicted of premeditated murder • Some states, the US Gov’t , and the military have crimes other than murder for which an individual can be executed
Role of the Jury • Jury • The same jury that convicts the defendant must also decide if he/she will be executed or sentenced to life in prison
Juvenile Offenses • The age at which one is considered a juvenile varies from state to state • Depending on the severity of the crime a juvenile can be tried as an adult
Juvenile Incarceration • Juvenile Detention Center • An alternative to an adult prison • Boot Camps • Some judges can sentence a juvenile to a boot camp • These camps are designed to rehabilitate through instilling discipline • Schools • In recent years schools have had to resort to long term suspensions, legal searches of student lockers, and metal detectors
Criminally Insane • Mental Institution • If a defendant is found to be mentally ill at the time of their crime the court may then confine them in a mental institution to receive treatment
REFLECTION • WHAT IS THE DIFFERENCE BETWEEN RETRIBUTION AND REHABILITATION? • WHAT IS DETERENCE? • WHAT ARE FORMS OF RETRIBUTION FOR LESS SERIOUS CRIMES? • WHAT ARE FORMS OF RETRIBUTION FOR SERIOUS CRIMES? • WHAT ARE FORMS OF RETRIBUTION FOR JUVENILES? • WHAT MAY HAPPEN TO A DEFENDANT THAT IS CONSIDERED INSANE AT THE TIME OF HIS/HER CRIME?
Closing • Which theory, Retribution or Rehabilitation, do you feel is the more successful form of deterrence and prevents recidivism?
Closing Question? • What is your opinion about the “Miranda Decision”? Are we more worried about protecting the rights of the accused or protecting society?
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