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Dealing with Lawbreakers
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Medieval Criminal Justice
Trial by ordeal Severe public punishment/executions
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A Reform Movement The Enlightenment Depart from “supernatural” theory
Assumptions about human nature
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Classical Response to Crime
On Crimes and Punishment, Beccaria (1764) Underlying theory
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Principles of Deterrence
Certainty Swiftness Severity
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Empirical Research on Deterrence
There is moderate support for the effect of certainty, little to none for severity
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Specific v. General Deterrence
Specific Deterrence General Deterrence
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Formal v. Informal Punishment
Informal = unofficial punishment Informal enhances formal sanctions
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Goals of Punishment Deterrence Incapacitation Rehabilitation
Retribution
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The “System” of Criminal Justice An Ideal Model
Crime Police Prosecutor Court Corrections
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The Ideal Courtroom Adversarial System
The facts of each case are heard Witnesses are called Justice prevails
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Courtroom Reality The Courtroom Workgroup
Punishment based on the “going rate”
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State Felony Convictions by Guilty Plea (No Trial)
Source: Bureau of Justice Statistics, 1998
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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
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Prison Prison (currently ~ 1/2 million inmates) Current conditions
Recidivism Expensive Current conditions Overcrowding Few rehabilitative services Aging prison population Security is main concern
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Community-Based Corrections
Less costly than prison If revoked -> prison (technical violations) Probation involves the most offenders (about 2 million)
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Criminal Justice Funnel
1,000 felony crimes % not reported 370 reported to police % not arrested 42 prosecuted % 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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