chapter 1 the goals of correctional policy corrections content: jails, probation, prisons, parole...
TRANSCRIPT
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
Legislature Courts Executive
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 Viewof 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 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
Growth of theU.S. Prison Population