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Chapter 1

Chapter 1. The Goals of Correctional Policy. Corrections. Content: Jails, probation, prisons, parole Context: Democracy, bureaucracy Goals: Fairness (law) and efficiency (science) justice and medical models. Goals of Punishment. Retribution Treatment–reintegration Deterrence

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Chapter 1

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  1. Chapter 1 The Goals of Correctional Policy

  2. Corrections • Content: Jails, probation, prisons, parole • Context: Democracy, bureaucracy • Goals: Fairness (law) and efficiency (science) justice and medical models

  3. Goals of Punishment • Retribution • Treatment–reintegration • Deterrence • Boundary setting • Restitution • Just deserts • Incapacitation

  4. Sentencing Structures • Indeterminate • Determinate • Mandatory • Presumptive sentences

  5. Political Control of Corrections

  6. The Goal Controversy • To strive for justice via punishment? • Legal equality of individuals based on ability to make choices (i.e., free will) • To seek efficiency via discipline and control? • Science examines uniqueness of individuals and effects of discipline/control • ability to make choices (liberal), and • dangerousness (conservative)

  7. Punishment • Infliction of pain • Symbolizes rejection • Alienates recipient

  8. Discipline • Training, learning rules • Requires honesty, respect, loyalty • Utilizes rewards and punishments • Context critical

  9. Moral View of Corrections • Goals are: • Fairness • Compensation • Emotional relief • Boundary setting • Focus is on past action (crime) • Set by conscience, resource limits • Legal

  10. Offenders should have more difficulty getting goods, services, jobs, etc. than others Principle of Least Eligibility

  11. Utilitarian Viewof Corrections • Goals are: • Efficiency • Minimize future crime • Focus on future behavior, costs • Set by knowledge of behavior, offender • Scientific

  12. Retribution • Moral • Pain to offender that slightly surpasses that of victim • Retaliation, vengeance

  13. Just Deserts • Modern revision of retribution • Focus is on (restoring) society’s sense of fairness

  14. Restitution • Utilitarian – Material compensation of victim • Violence – state fund • Property – arranged through sentencing court and probation authorities • Community Service for crimes without complainants

  15. Deterrence • Utilitarian complement to retribution/just deserts • Sets example for rational actors to follow • Certainty critical • swiftness, severity more easily adjusted • Ineffective with impulsive, compulsive acts

  16. GENERAL Punishes offender to encourage others to avoid that behavior The most common use of term “deterrence” SPECIFIC Attempts to discourage offender from repeating act Types of Deterrence

  17. Boundary Setting • Utilitarian, communicates values • Defines membership in society • Outcasts = offenders • What are the rules? • Which are most important?

  18. Incapacitation • Utilitarian • Physically preventing further crimes • Expensive when used as main policy • Most effective when applied selectively

  19. Treatment–Reintegration • Utilitarian • Seeks return of offender as taxpayer • Cuts costs of recidivism • Violates principle of least eligibility • Capability varies with type of offender and level of investment • Requires forgiveness, monitoring

  20. Legal Approaches to Incapacitation Sentencing Methods and Structures Enacted by Legislature Employed by Courts

  21. Determinant Sentences • Crime + prior record = sentence • Judge chooses from range set by legislature • Good time reductions only • Release date known from outset

  22. Mandatory Sentences • Penalty set by legislature • Conviction assures sentence • No judicial discretion • May permit good time

  23. Presumptive (guideline) Sentencing • Guidelines set according to past practices • Severity of crime • Prior record • Other legally permissible recidivism predictors • Deviations must be explained, approved • Used in federal system

  24. Truth in Sentencing • Legislature requires X% of sentence be served prior to consideration for release • An “add–on” to indeterminant structures

  25. Retributive Justice • Goal = fairness, affirmation of conformity • Reduce offender’s status • Make offender an outcast • Inflict pain on offender

  26. Restorative Justice • Assure that victim, community and offender are healed • Main goal – prevention of future crimes • Methods: restitution, mediation

  27. Impact ofJustice Model Sentences • Prison populations more than tripled in less than 20 years • Prisons became main expense of many states • Education and health often sacrificed • Credited with reducing crime rate • This debated due to age and economic changes • One study linked releasees with increased murders

  28. Growth of theU.S. Prison Population

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