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 Boundary setting Restitution Just deserts Incapacitation

Sentencing Structures Indeterminate Determinate Mandatory Presumptive sentences

Political Control of Corrections LegislatureCourtsExecutive Budgets Degree of control varies Trial Courts: nature of population Appoints policy makers Mandates Powers Duties Appellate Courts: interpretation of laws Source of authority for most agencies

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)

Punishment Infliction of pain Symbolizes rejection Alienates recipient

Discipline Training, learning rules Requires honesty, respect, loyalty Utilizes rewards and punishments –Context critical

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

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

Utilitarian View of Corrections Goals are: –Efficiency –Minimize future crime Focus on future behavior, costs Set by knowledge of behavior, offender –Scientific

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

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

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

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

Types of Deterrence 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

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

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

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

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

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

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

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

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

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

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

Impact of Justice 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

Growth of the U.S. Prison Population