Dealing with Lawbreakers

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Presentation transcript:

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 Research on 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

Goals of Punishment Deterrence Incapacitation Rehabilitation Retribution

The “System” of Criminal Justice An 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 Convictions by Guilty Plea (No Trial) Source: Bureau of Justice Statistics, 1998

Sentencing: Three Focal Concerns Offender’s blameworthiness Protection of the community Practical concerns Use an example: young. Black, male versus Professor convicted for drug possession

Prison Prison (currently ~ 1/2 million inmates) Current conditions 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 Tough and weak on crime - KEEP 2-3% of felony crimes result in imprisonment

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