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PUNISHMENT

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Megan's Law. d. social defense. 1) preservation of public safety is consideration ... process; 'tough laws / tougher sentences' (Megan's Law, 3 Strikes Laws) ... – PowerPoint PPT presentation

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Title: PUNISHMENT


1
V.
  • PUNISHMENT

2
A. Revenge
  • 1. def vindictive retaliation usually
    personal,
  • accomplished with vengeance in mind
    spite
  • 2. little scientific research exists
  • a. concept is difficult to identify and
    operationalize
  • (measure)
  • b. however, often used in court as a
    prosecutorial
  • (criminal justice) consideration to
    establish motive,
  • crime causation, and guilt

3
  • 3. Barton (1999) a philosophical
    treatment
  • a. Western culture views revenge
    with distrust no matter how
    unfairly treated or abused the victim
  • has been
  • b. there is nothing inherent
    wrong with resenting
  • injustice or wanting
    proportional retribution
  • 1) the Anti-Revenge
    perspective is the Western
  • method of justice
  • 2) the Pro-Revenge
    perspective holds that
  • revenge is the appropriate
    response to
  • victimization
  • a) the impersonal
    legal response is actually
  • revenge in disguise

4
  • c) instead of
    eliminating revenge, the goal of
  • law should be the
    reduction of wildness,
  • the barbarity of it
  • 4. Messina and Messina (2001) a
    psychological
  • treatment
  • a. those who seek it
  • 1) cannot, will not forgive and forget
  • 2) seek pay back (retribution)
  • 3) want to see those who inflict
    suffering suffer
  • themselves
  • 4) want to get even as way of
    getting on with
  • their lives

5
  • b. exhibition of emotion
  • bitter, intolerant, resentful,
    vindictive, angry,
  • cold, antagonistic,
    critical, cruel, ruthless,
  • pessimistic
  • c. deficiency of empathy does not
    feel
  • satisfaction, peace,
    gratification, contentment,
  • relief
  • 5. Jacoby (1983) in Wild Justice suggests
    that the
  • need for revenge is innate
  • a. criminal procedure expends a great deal
    of
  • energy trying to remove human emotion
    from
  • the criminal process
  • b. to provide the mantle of
    objectivity and

6
  • c. unemotional justice is preferable
    justice
  • d. punishment is bounded by a
    visceral as well as
  • ethereal need for revenge

7
B. Questions of Societal Response
  • 1. definition punishment is a penalty or
    reprisal for a
  • wrongdoing
  • 2. in a free society / civilization, how
    do we punish those
  • who have committed social wrongs?
  • a. Why punish?
  • b. How to punish?
  • c. Is there anything we can do that we are
    not doing?
  • d. Do issues of harm matter?
  • to the victim to the offender to
    society?
  • 3. what is the theory of punishment?
  • effective punishment will halt crime

8
C. Considerations of Punishment
  • 1. a society of laws punishes those who
    are guilty i.e.,
  • those responsible for committing
    crime
  • 2. our Constitution includes due
    process, which allows
  • for the judicious application of
    fairness leading to just
  • punishment
  • 3. just punishment is based on
    proportionality
  • a. just deserts punishment should
    fit the crime
  • b. a follow-up question would be Should
    the
  • punishment fit the crime or the
    criminal?
  • c. included in conversation the
    quantification of crime

9
  • d. How much punishment is enough
    punishment?
  • Menningers (1966) moral
    surcharge
  • 4. basic punishment principles
  • a. punishment exists to address
    a moral wrong
  • b. punishment must not be
    imposed on the
  • innocent
  • c. punishment must not be
    excessive or overdone
  • d. punishment must be equitable
    (proportionate)
  • e. punishment must not be
    imposed without due
  • process
  • f. punishment must be
    constructive, educational,

10
D. Justifications for Punishment
  • 1. Philosophy / Ethics 101
  • a. teleology punishment is the just end of
    a
  • logical
    (political / scientific) process
  • ergo 1) the ends justifies the
    means
  • 2) morality varies with the
    situation
  • what is just
    in one situation may not be so in
  • another
  • b. deontology morality is
    absolute what is wrong
  • (or right)
    is always wrong
  • regardless
    of when or in whatever
  • context
    that wrong is committed
  • Rule Followers Forever!!!

11
  • 2. tenets (some call these theories,
    but they are
  • wrong) of punishment
  • a. retribution payback for a
    social wrong
  • 1) some argue that this
    should not, however,
  • form the basis of
    judicial punishment
  • 2) social recompense for a
    law violation is the
  • responsibility /
    obligation of a just society
  • 3) justification we punish
    because we can and
  • because we believe it is
    reasonable social
  • response
  • 4) lex talionis the law of
    retaliation
  • an eye-for-an-eye
    perspective

12
  • 5) it is the belief that
    all crimes warrant response
  • (punishment) regardless
    of the criminal or
  • whether or not the
    punishment has any
  • deterrent value
  • punishment is
    virtuous
  • 6) concern what is the
    purpose of punishment?
  • a) Education?
    Deterrence? Social equity?
  • b) who decides?
  • c) e.g1.
    persecution / prosecution of Nazi

  • concentration camp guards, SS
  • officers
  • d) e.g.2 Symbionese
    Liberation Army soldiers

13
  • b. deterrence
  • 1) punishment that prevents
    or discourages
  • future crimes socially
    virtuous
  • 2) types
  • a) general prevention
    of crime through
  • broad-based education
  • 1 a concern for the common welfare
  • 2 the recognition
    that it is acceptable to
  • punish the
    factually innocent if the
  • punishment
    prevents others from
  • engaging in
    similar behaviors

14
  • b) specific the belief
    that crime will be

  • prevented through the

  • incapacitation of a

  • particular individual
  • 1 individual
    punishments to individuals
  • 2 not punishing the
    factually guilty is only
  • acceptable if
    the punishment does not
  • provide an
    acceptable social lesson
  • 3 They did the crime, they WILL do
    the
  • time!
  • 3) basic deterrence question
    Does punishment
  • prevent others from committing
    crime?
  • (do you care whether
    or not punishment
  • deters?)

15
  • c. incapacitation
  • 1) depriving /
    removing / preventing some
  • behavior
  • 2) typically imposed
    in the form of incarceration
  • 3) process identify
    those who are criminal or
  • who have
    criminal inclinations and
  • upon
    detection, detain them so that
  • they
    cannot commit subsequent
  • crime
  • 4) types
  • a) collective detention
    of all those engaged

  • in or who may be considering

  • similar offenses

16
  • b)
    selective detain specific offenders for

  • specific offenses
  • Megans Law
  • d. social defense
  • 1) preservation of public
    safety is consideration
  • enough for punishment /
    incapacitation
  • 2) a special form of
    deterrence, concern
  • lies with the prevention of
    harm to all (society)
  • via the punishment of the
    individual
  • e.g., Charles
    Manson, inmates at Guantanamo
  • 3) ANY punishment that prevents
    future crime is
  • justifiable

17
  • e. reform / rehabilitation
  • 1) crime is a social disease
    that can be cured
  • through treatment
  • individualized
    punishment and treatment
  • 2) the quintessential dilemma
    of the corrections
  • enterprise
  • 3) Question If an inmate
    does not wish to be

  • reformed or rehabilitated, and is

  • mandated to receive treatment or

  • programs, is this a violation of his /
  • her
    8thAmendment protection?
  • 4) promotes paternalism
    humanistic vision of
  • justice toward the offender

18
  • a) treatment as
    social defense
  • b) because the
    state knows best and can
  • treat offenders,
    it must
  • 5) conflicting evidence
    as to the effectiveness of
  • rehabilitative programs
  • Lipton,
    Martinson, and Wilks (1974)
  • 6) fundamental concern
    Why should limited
  • resources / funds, be spent on
    those who
  • have offended us when
    the innocent and
  • others in need do not
    receive this same
  • consideration?

19
  • f. restitution
  • 1) monetary or service payment
    compensation
  • mostly financial
    remuneration for a wrong
  • committed
  • 2) amount is based on
    consideration of what
  • would serve as the
    greatest benefit for the
  • victim and / or his / her
    family, as well as the
  • seriousness of the crime
    committed
  • 3) rationale monetary or
    physical punishment
  • may be more satisfactory
    than incarceration

20
D. Modern History
  • 1. 1895 through the 1960s, emphasis of
    corrections
  • on rehabilitation and
    incapacitation
  • a. the Medical Model
  • 1) product of Freuds US Tour (1895)
  • 2) criminals are afflicted
    with a social disease
  • 3) criminals are in need of
    care and treatment
  • 4) advent of the
    indeterminate sentence
  • b. concern with recidivism
  • 1) how to prevent offenders
    from re-offending
  • 2) treatment v harsher
    punishment

21
  • 2. late 1960s ushered in the decline
    of the
  • Rehabilitation Era
  • a. disillusionment with
    rehabilitation and break
  • down of social controls
  • b. could the State actually
    predict criminals and
  • protect society from those
    who would cause
  • harm?
  • c. personal responsibility
  • d. rise of Post-Modernism
  • 3. 1970s-1990s
  • a. the Retributive Era

22
  • b. Greenwoods (1982) Rand
    Corporation funded
  • Selective Incapacitation
  • 1) research question What
    effect would long-
  • term incarceration have the crime
    problem?
  • 2) assessing available data
    and computer
  • simulation, examined
    instances of robbery
  • 3) conclusion, long-term
    (10 years)
  • incarceration would likely reduce
    instances of
  • robbery by as much as 20
  • 4) suggests that specific
    crime categories could
  • lead to just as
    significant crime reduction
  • 5) need to increase be-space
    by 400

23
  • Police ease restraints concerning
    investigations less than probable cause
    warrants and arrests better
  • equipment / advanced technology
    public attitude to
  • do something fear of crime
  • Courts streamline of the appellate process
    tough laws / tougher sentences (Megans
    Law, 3 Strikes Laws)
  • less than unanimous jury decisions
    philosophically
  • conservative judges appointed by
    conservative get
  • tough presidents / governors
  • Corrections 1979 770,000 total
    incarcerated
  • 2004 2,300,000 total incarcerated
  • elimination of rehabilitation programs
    reduction of
  • mental health treatment facilities
    and staff
  • outsourcing of correctional services

24
  • 4. The New Millennium (2000 )
  • a. growth of community justice
    Restorative Justice
  • Era
  • b. questions arising, whats
    going on in prison?
  • c. attempt to remedy harm
  • address community healing
  • d. Issue Can personal and social
    damage resulting
  • from crime truly be
    repaired?
  • How? When?

25
E. Conclusion / Summary
  • 1. justification for punishment
  • 2. type of punishment
  • 3. end result
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