exam 2 material

Criminal Justice 203 with Scjnzer at Rutgers University - New Brunswick/Piscataway

About this deck

By: max bobinski
Textbook:

Corrections: A Critical Approach
Created: 2010-11-10
Size: 64 flashcards
Views: 330

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Cesare Beccaria

- school of classical criminology
- punishment doesn't need to be severe to be effective
- offenders are motivated by free will and will commit crime if they think the risks of punishment are low
- advanced the conservative perspective and formulated the ideas of utility and deterrence in corrections

Jeremy Bentham

- hedonistic calculus (pain/pleasure model) - people calculate the amount of gain expected and weigh that against possible punishment
- idea of uniformity in sentencing. Sentencing by act, not person (has major drawbacks)

In which perspective is punishment used to deter?

Conservative Perspective

Which perspective places an emphasis on society?

The critical perspective. Their argument is that you cannot rehabilitate someone while the source of the problem remains.

Incapacitation

the ideology that criminals cannot do harm to society while in prison (crime prevention)

Which perspective asserts that poverty, racism and social injustice are causes of crime?

The liberal perspective

Just War Theory

a militarized drug control strategy
-justice of war & justice in war
need: just cause, legitimate authority, right intention, last resort

Just Cause

1. there must be a substantial aggression
2. non-belligerent corrections are hopeless or too costly
3. belligerent corrections are neither hopeless or costly

Legitimate Authority

- director of office of national drug control policy

Right Intention

(goals)
- motivate youth to reject drugs
- reduce drug crime and protect citizens
- reduce health, welfare and crime costs
- shield land, air and sea from drug threat
- break domestic and foreign sources

War on Drugs

- drug use linked to poverty, community breakdown and unemployment, so gov't declared a 'war on drugs' with high arrest rates and mandatory sentences.
- failing because it's expensive, undermines rights with unlawful searches and discriminates against the poor
- didn't reduce drug supply

Welfare Reform Act

1996 - Clinton denied welfare to those with drug violations

Penal Harm Movement

- began in the 70's
- intent to increase misery in prisons
- gets rid of programs for prisoners, and even medical care
- "get tough" models targeting underclass minorities
- return of chain gangs

Problem Population

a population within a prison that has special needs

HIV/AIDS in prisons

- patients need more care, and are stigmatized by other inmates
- AIDS does not spread rapidly through institutions
- quality of care inconsistent from prison to prison, because it is expensive

Tuberculosis in Prisons

- TB is easily spread through airborne bacteria
- increase in prison population only makes this spread easier

Aging in Prisons

- due to the large amounts of inmates with long mandatory sentences, many people are aging behind bars
- aging population requires more medical care
- old inmates don't care about programs (ex. GED) but only care about social security

Institutionalization

Corrections purposely adopted this model to control the lives of inmates and make prison life distinctly different from the free world

Individual Racism

the ideology contending that differences between racial groups asserts one group as superior

Institutional Racism

when individual racism emerges in discriminatory policies in systems

Scottsboro Case (1931)

- after a fight on a train between white and black males, 2 white females, afraid of being arrested for vagrancy, accused the 9 black males of rape
- 8 of the 9 were sentenced to death
- after an appeal the boys were freed because the judge believed they didn't have adequate counsel

How much of the prison population is black/hispanic?

half

Are there benefits to racial profiling?

No, it leads to no increase in arrests

Whats the relationship between employment and incarceration?

You are less likely to be incarcerated if you have a job, and if you are incarcerated you are more likely to go out on parole if you have a job waiting for you.

Are african americans represented proportionately in corrections?

Is there racism in corrections?

Possibly, but many people believe it might be more class discrimination. However, most minorities are in the lower class

How can native americans be tried?

Trials by tribe, by state, or by federal government

Trial within tribe

- informal compared to state
- incarceration is rare, usually retribution or compensation for victim and tribe

How do native americans view police?

have a negative view on police

Do native americans get higher sentences than whites?

yes, but generally not much higher than blacks or hispanics

Crime Rate for native americans

25% higher than whites, most arrests are alcohol related

Suffragists vs Reformers

suffragists fought for equal rights, while reformers promoted femininity and encouraged ladylike behavior

History in Womens corrections

- men could be punished for not controlling their women
- in the 1800's women were put in the same institutions as men
- reformers like dix, fry and winstar advocated for women's prisons with female guards

Reformatory Movement (late 1800s to early 1900s)

- purpose of incarceration was to promote femininity
- female guards
- applied medical model
- failed in 1930's because of the great depression

Reformatory Institution

- less harsh
- house less serious offenders
- focus on female morality

Custodial Institution

- focus on female criminality
- more minorities than in reformatories
- worse treatment than reformatories

Current explanations of female criminality

Opportunity and Socialization
- different role expectations
- difference in socialization patterns
- diff. in opportunity to commit particular crimes
- diff. access to criminally oriented subculture
- sex diff. built into crime categories

Early theory of female criminality

1. Social determinism - sterilization & lengthy periods of confinement so women can't breed more criminals
2. "bad" men have a negative effect on "weak" women

Feminist Criminology

Feminist assumptions are applied to the nature of female crimes

Liberal Feminism

- inequality is because of educational and employment opportunities
- women shouldn't be taught to embrace gender stereotypes
- equality can be made with the use of affirmative action, passing equal rights amendments and other laws
- focus on discrimination against female offenders

Marxist & Socialist Feminism

Main point is that capitalism oppresses women
share many things, but are also different

Marxist Feminism

- Marxists first, feminists second
- male dominance in the public sphere leads to women at the bottom of the economic hierarchy

Socialist Feminism

- Male oppression is just as bad as capitalism
- women are exploited economically and sexually
- must transform social order so equality is based on gender and class

Radical Feminism

- the problem is patriarchy and sexual exploitation of women
- gender inequality caused by mans need to control and exploit women
- favor separatism rather than equality
- must reduce violent crimes against women

Female Crime Rates

- account for 22% of arrests
- account for 16% of convicted felons
- account for ~6% of prison population

What is the fastest growing segment in the prison population?

Women

What are the top crimes women commit?

1. drug trafficking
2. property offenses

What is the educational background of female criminals?

Most have at least high school degrees

How many women were using drugs or alcohol when arrested?

Half of all female arrests

How many women had prior convictions?

65%

Guards and their relationship with female inmates

- women engage in friendly conversations with guards
- will ask guards for assistance

Female Corrections facilities

- less violent than mens
- less racial segregation
- female prisoners like having male guards, but would rather talk to female guards

Co-Corrections Facilities

- house both sexes
- minimum security
- less violence tan mens facilities
- more petty rules and tighter security
- by 1999 there were no more co-corrections facilities, seen as an easy way out

What are trends in corrections most driven by?

Economics

CCA

-Corrections Corporation of America
- owns 45 facilities, houses ~37,000 inmates, 9th larges prison

WCC

- wackenhut corrections corporation
- owns 26 facilities, houses ~19,000 inmates, 19th largest facility

Medina v. Oniell

- both the government and private companies are liable for damages in death or injury of inmates

What is true about the staff in private institutions?

High turnover, and less training, and low quality training

Private institutions

- Assault is more common
- Escapes are more common
- drug use is more common

Which perspective states that a change from capitalism to socialism is necessary?

The critical perspective

Which perspective is the oldest?

The conservative perspective

Which perspective attributes crime to a lack of discipline in society?