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?

EQ  EXPLAIN THE DIFFERENCE & GOALS OF RETRIBUTION AND REHABILITATION AS WELL AS VARIOUS PUNISHEMENTS FOR EACH?

CRIME AND PUNISHMENT

Conflicting Theories Rehabilitation 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

Graphic Organizer

EQ  EXPLAIN THE DIFFERENCE & GOALS OF RETRIBUTION AND REHABILITATION AS WELL AS VARIOUS PUNISHEMENTS FOR EACH?

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?

Type in the link below and log-in   Log in: Stallions05  Quick Launch # 216 