Final Exam Corr.
Card Set Information
Final Exam Corr.
Correctional Process Exam 3 FINALL
focuses on free will [classical school] choice
: ignores context and external forces on which the choice is made
looks at context,external forces, solution is to equip indiv. to overcome the problem.
less emphasis on the indiv. sees context, external forces change the structure that leads to crime (root problem)
connects marx & crime analysis proposed to that capitalism encourages greed
wealthy will try to win at the expense of the poor
crimes of the wealthy are not viewed the same because they sys. focuses on crimes of the poor.
the critical perspective is rooted from his works.
why are white collar cases not seen as crime(excuses)
1 executives do not try to harm people
2 indirect harm-not as bad
3involved in legitimate activities
-soc def. of crime is a problem
How we are murderd- firearms,knife, occupational disease Rx is the most cause of death.
ford explorers w/ firestone tires cause 203 deaths and 700 injuries
ford was aware but still decided not to recall them because it would cause them more.
No real punishment
Ford Pinto 1973
rear end collision resulting in gas tanks expolding
ford decided it was cheaper to pay out lawsuits to deaths and injuries than to change the product line
one on one harm
street crime is harmful to the poor as well.
Median Household income
our country is uncomf. w/ talking about class
White collar crime
Need for legitimacy
theoretical connection to class and cj
system that appears unfair stacked against poor.
Merton-based on goals and means
no guarenteed opportunity to attain goals
legit means are not equally distributed & neither are inlegitmate means
perception-loss of value
anger(major connection to crime)
acceptance also a response-> not all people turn to crime
theoretical connection to crime
job quality has declined a great deal
part-time work (18-20% overqualified)
few or no benefits
coined by spitzer
ppl who challenge the system
must b controlled w/ cj system
people making a decisions (elitw group)
probably not a conspiracy because
1. secrecy-hard to keep quiet
2. factions- would they al agree on what should happen in society
3. cooperation-difficult to get among the elite group
: semi-spontaneous media generated event/problem
i.e. MADD (moms against drunk drivers)
because of so much media attention-> causes panic
i.e. Satanic daycare
an explanation for disporportinate incarceration of black males
-Blacks are more likely to commit crimes that lead to incarceration.
-Alfred Blumstien (1982) with the exception of drug offenses- arrest patterns accounted for 76% of the differences between blacks and whites.
The poor are essentially segregated in society. Living in high crime areas with increased violence, attending underfunded schools. -->often connected to greater involvement in crime.
►These conditions lead to greater police surveillance, and arrests.
Minorities tend to be disproportionately poor.- 1.Less likely to afford bail and have a have private attorney. 2. Less likely to afford bail
Judges and prosecutors simply take race and ethnicity into account when defendants are charged or sentenced.
ex. Racial Threat Hypothesis-
Racism is an element of life in minority communities.
As minority populations grow, so does White fear.
demand greater police patrol, tougher sentencing all resulting in higher arrests and more minorities in prison.
Federal crack cocaine sentencing
100g:1g (Len bias law)
100g of powder cocaine= 500g of powder (5years)
under this law 94% sentenced were black
Michigan 650 lifer law(1978)
is possesing 650g of a subtance you get senteced to life
tim allen-2yrs got off because he could provide info.
jedonna young(25 yrs)
1998-reform passed that elgible for parole after serving 20 yrs.
moral arg. for dearth penalty
the right & just punishment
religion(can be used for & against)
ulititarian arg. for death penalty
does death penalty deter murder for
1. covicts serving a life term(already incerated)
2. criminals whose crime cary a life sentence
death penalty detterence research
Few rounds of research ’
3-32 murders per execution
How and why?
as compared to what? (doing nothing or life sentence) make assumptions about murderers (logical, rational and view deterrence)
mistakes in capital cases
reversible error after liabman
1.incompetent defense (unknowledgeable lawyers)
2. police/prosecutor misconduct (suppress evidence that would help defendant) 7% innocent
how do they happen?
(interrogating)by death penalty threats
Lab work, prosecutor-perjury, incompetent defen
cost of the death penalty
public support for the death penalty
most common method used today
method of execution
involves individuals shooting convict
has to very precise to be sucessful
prestreched rope, cetain length
takes place in a sealed gas chamber
very common method in earlier times
involves inmate strapped to a chair and sini tablets being dropped into a bucket of sulfuric acid
Furman v. Georgia (1972)
invalidated the death penalty
imposition of the death penalty violated 4th, 5th & 8th ammendments
as a result several indiv. removed from death row
argued death penalty is wrong
hypothesis- if citizend actually knew the truth of capital punishment it would be overturned
Gregg v. Georgia
death penalty reinstated
gary gilmore was 1st person to be executed after death penalty was reinstated because gregg escaped!
2 part trial
1. guilty/not guilty
2. sentencing (length)
Death row composition
3200 on death row
78% of the cases the victim was white
death eligible arrest for murder
McCleskey v. Kemp
death penalty comes down to race of the victim
defense played is that the only reason why the client is facung a death sentence is because of the race of the victim
used to defend McCleskey v kemp case
found that when it came to a black offender w/ a white victim juries were 4x more likely to impose death penalty
Norris v Alabama
one of the scottsboro boys
brought up question of jury composition after counsel tried to restrict blacks from being on the jury for this case
9 boys who were black get into a fight with 5 white boys on a train
later all were areested
the 2 white women who were w/ white guys accused scottsboro boys of rape
white women delivring package for husbands drugstore
little boy offers to show her a shortcut
she is then sexually assaulted by 7 guys
had a fairly good defense
because victim was white->capital case
didnt find favor
decision to release inmates is made by a parole board
civil disabilities facing parolees when the return to the community
mandatory parole release
inmate is released on parole when he or she serves the maximum prison sentence
the obstacles or challenges facing inmates when they are released from prison
the procedure relinquishing the processing of a juvenile case into an adult criminal court
aka certifying or binding over to the adult court
certain juv. offenses in some statues are automatically transferred to adult court
social investigation report
a written report of a juv. social background that probation officers prepare for a juv. judge to assist the court in making a disposition of a youth who has been ruled delinquent
Roper v simmons
suporeme court decision that disallows the execution of juveniles who comitted a capital crime under the age of 18
Stanford v. Kentucky
supreme court decision allowing the execution of juveniles who were age 17 at the time of the crime.
Thompson v Oklahoma
supreme court decidion that prohibits execution oj juveniles under age 16 at the time if the offense
death qualified jury
during voir dire, any person opposed to capital punishment may be dropped from the jury
technology driven security
tech. that has been developed to increase internal & external security in correctional institutions
ticking bomb scenario
scenario that proposes that a dangerous explosive device is set to go off & kill thousands of ppl
therefore it might be necessary to take extreme measures such as torture to extract info. from a person
means of torture that involves immobilizing a person in his back and pour water of their face inot their breathing pasages
the suspect gags and believes he us drowning