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Dealing with Lawbreakers

Dealing with Lawbreakers. Medieval Criminal Justice. Trial by ordeal Severe public punishment/executions. A Reform Movement. The Enlightenment Depart from “supernatural” theory Assumptions about human nature. Classical Response to Crime. On Crimes and Punishment , Beccaria (1764)

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Dealing with Lawbreakers

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  1. Dealing with Lawbreakers

  2. Medieval Criminal Justice • Trial by ordeal • Severe public punishment/executions

  3. A Reform Movement • The Enlightenment • Depart from “supernatural” theory • Assumptions about human nature

  4. Classical Response to Crime • On Crimes and Punishment, Beccaria (1764) • Underlying theory

  5. Principles of Deterrence • Certainty • Swiftness • Severity

  6. Empirical Researchon Deterrence • There is moderate support for the effect of certainty, little to none for severity

  7. Specific v. General Deterrence • Specific Deterrence • General Deterrence

  8. Formal v. Informal Punishment • Informal = unofficial punishment • Informal enhances formal sanctions

  9. Deterrence Incapacitation Rehabilitation Retribution Goals of Punishment

  10. The “System” of Criminal JusticeAn Ideal Model Crime Police Prosecutor Court Corrections

  11. The Ideal Courtroom • Adversarial System • The facts of each case are heard • Witnesses are called • Justice prevails

  12. Courtroom Reality • The Courtroom Workgroup • Punishment based on the “going rate”

  13. State Felony Convictionsby Guilty Plea (No Trial) Source: Bureau of Justice Statistics, 1998

  14. Sentencing: Three Focal Concerns • Offender’s blameworthiness • Protection of the community • Practical concerns

  15. Prison • Prison (currently ~ 1/2 million inmates) • Recidivism • Expensive • Current conditions • Overcrowding • Few rehabilitative services • Aging prison population • Security is main concern

  16. Community-Based Corrections • Less costly than prison • If revoked -> prison (technical violations) • Probation involves the most offenders (about 2 million)

  17. Criminal Justice Funnel 1,000 felony crimes 63% not reported 370 reported to police 80% not arrested 42 prosecuted 2% not convicted 41 convicted in court 32% no prison/jail 28 imprisoned 2-3% of felony crimes result in imprisonment

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