Chapter 2 WHY DO WE PUNISH? Introduction to Corrections CJC 2000 Darren Mingear
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1 Chapter 2 WHY DO WE PUNISH? Introduction to Corrections CJC 2000 Darren Mingear
2 CHAPTER OBJECTIVES 2.1 Name and describe the five primary punishment philosophies. 2.2 List and summarize the three key elements for effective deterrence. 2.3 Compare and contrast selective and general incapacitation. 2.4 Summarize rehabilitation s development from a reclamation focus to a reentry emphasis. 2.5 Explain the key ways in which retribution differs from revenge. 2.6 Describe how restorative justice principles are used in sentencing, during community supervision, and in prison.
3 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.1 Name and describe the five primary punishment philosophies.
4 2.1 Key Terms Deterrence Incapacitation Rehabilitation Retribution Restoration
5 2.1 Deterrence Discouraging future criminal acts by both the offender and others in the population. Society tries to deter by publicizing crime and punishment. This assumes that criminals are rational and would be affected by their crimes being made public. Must be: certain sever swift Source: news.everestonline.edu
6 2.1 Incapacitation Restricting an offender s freedom of movement through isolation from the general population. Source: libertybailbonds.org
7 2.1 Rehabilitation Providing the offender with skills, attitudes, and norms that enable him or her to be lawabiding. Source: wpclipart.com
8 2.1 Retribution Just and adequate punishment. Source: writing.wikinut.com
9 2.1 Restoration Restoring the victim, community, and offender through accountability, respect for the law and the legal process, and attention to victim needs. Source: le0pard13.com
10 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.2 List and summarize the three key elements for effective deterrence. In order for punishment to be a deterrent, it must be certain, severe, and swiftly applied.
11 2.2 Key Terms Specific Deterrence General Deterrence
12 2.2 Specific Deterrence General Seeks to deter the offender from committing additional crimes. Seeks to deter a population from committing crime in the first place. 12
13 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.3 Compare and contrast selective and general incapacitation.
14 2.3 Key Terms Selective Incapacitation General incapacitation Technological incapacitation
15 2.3 Selective General Technological
16 2.3 Selective Incapacitation Imprisonment is reserved for those very few offenders who must truly be locked away for society s protection. *premise: locking away the few that commit most crimes will reduce crime rate Source: flickr.com
17 2.3 General Incapacitation Imprisonment is acceptable and desirable on an extensive scale for a wide range of offenders as a means of crime prevention. Source: prisonphotography.org
18 2.3 Technological incapacitation Using technologies such as critical organ surgery, chemical treatment, and electronic monitoring to restrict an offender s freedom of movement.
19 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.4 Summarize rehabilitation s development from a reclamation focus to a reentry emphasis.
20 2.4 Key Terms Iron law of imprisonment
21 2.4 Iron Law of Imprisonment Almost all prisoners will return to free society. Rehabilitation Source: seiu1000.org
22 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.5 Explain the key ways in which retribution differs from revenge. Retribution is a legitimate penal philosophy requiring a formal penal sanction, equity and just deserts. Revenge is NOT considered a legal penal philosophy.
23 2.5 Key Terms Lex talionis
24 2.4 Lex talionis The law of retaliation. It is similar to retribution. = = Retribution =
25 2.4 Retribution v. Revenge Formal v. Informal Equity v. Irregular Just deserts v. Unbalanced = = Retribution = Revenge =
26 Learning Objectives After this lecture, you should be able to complete the following Learning Outcomes 2.6 Describe how restorative justice principles are used in sentencing, during community supervision and in prison. Restorative justice can occur at any phase in the criminal justice system, and has a goal of trying to make everything whole again.
27 2.6 Key Terms Norm of reciprocity Restorative justice Victimoffender mediation Reparative probation program Citizen circles Victim impact classes
28 2.6 What is the norm of reciprocity? The view that punishment as a natural response, or reciprocation, to a wrongful act.
29 2.6 What is restorative justice? The process, also called community justice, wherein victim, offender, and community representatives determine a fair or just way to restore the balance that the crime had upset. Restorative Justice in Justice Systems
30 2.6 What is victim-offender mediation? An application of restorative justice in lieu of formal sentencing wherein the victim, offender, and community representative determine a fair and just way to restore the damage caused by the crime.
31 2.6 What is a reparative probation program? A Vermont restorative justice program that suspends a low-level convict s probation sentence if he/she agrees to make amends directly to the community and/or victim for his/her harmful acts.
32 2.6 Parole officer faith-based staff offender What are citizen circles? police offender s family An Ohio restorative justice program that encourages community collaboration with offenders during their reentry supervision. victim(s) ex-convicts employer
33 2.6 What are victim impact classes? Restorative justice program typically offered in prison, wherein prisoners hear violent crime survivors share their experiences with the hope of effecting positive change in the offender. Source: texarkanagazette.com
34 CHAPTER SUMMARY 2.1 The five punishment philosophies are deterrence, incapacitation, rehabilitation, retribution, and restoration. 2.2 In order for punishment to be a deterrent, it must be certain, severe, and swiftly applied. 2.3 Selective incapacitation relies on the characteristics of the criminal, general capacitation relies on the characteristics of the crime itself. 2.4 Rehabilitation is a relatively new philosophy that today focuses on how the offender should return to the community.
35 CHAPTER SUMMARY 2.5 Retribution is a legitimate penal philosophy requiring a formal penal sanction, equity and just deserts. Revenge is NOT considered a legal penal philosophy. 2.6 Restorative justice can occur at any phase in the criminal justice system, and has a goal of trying to make everything whole again.
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