Chapter 1

The Goals of Correctional Policy

Corrections

• Content: Jails, probation, prisons, parole

• Context: Democracy, bureaucracy

• Goals: Fairness (law) and efficiency (science) justice and medical models

Goals of Punishment

• Retribution• Treatment–reintegration• Deterrence• Boundary setting• Restitution• Just deserts• Incapacitation

Sentencing Structures

• Indeterminate

• Determinate

• Mandatory

• Presumptive sentences

Political Control of Corrections

Legislature Courts Executive

Budgets

Degree of

control varies

Trial Courts:

nature of population

Appoints policy makers

Mandates

Powers

Duties

Appellate Courts: interpretation of laws

Source of authority for most agencies

The Goal Controversy • To strive for justice via punishment?

– Legal equality of individuals based on ability to make choices (i.e., free will)

• To seek efficiency via discipline and control?– Science examines uniqueness of individuals

and effects of discipline/control• ability to make choices (liberal), and

• dangerousness (conservative)

Punishment

• Infliction of pain

• Symbolizes rejection

• Alienates recipient

Discipline

• Training, learning rules

• Requires honesty, respect, loyalty

• Utilizes rewards and punishments– Context critical

Moral View of Corrections

• Goals are:– Fairness– Compensation– Emotional relief– Boundary setting

• Focus is on past action (crime)• Set by conscience, resource limits

– Legal

Principle of Least Eligibility

Offenders should have more difficulty getting goods, services,

jobs, etc. than others

Utilitarian Viewof Corrections

• Goals are:– Efficiency– Minimize future crime

• Focus on future behavior, costs

• Set by knowledge of behavior, offender– Scientific

Retribution

• Moral

• Pain to offender that slightly surpasses that of victim

• Retaliation, vengeance

Just Deserts

• Modern revision of retribution

• Focus is on (restoring) society’s sense of fairness

Restitution

• Utilitarian – Material compensation of victim

• Violence – state fund

• Property – arranged through sentencing court and probation authorities

• Community Service for crimes without complainants

Deterrence

• Utilitarian complement to retribution/just deserts

• Sets example for rational actors to follow

• Certainty critical– swiftness, severity more easily adjusted

• Ineffective with impulsive, compulsive acts

Types of Deterrence

GENERAL• Punishes offender to

encourage others to avoid that behavior

• The most common use of term “deterrence”

SPECIFIC• Attempts to

discourage offender from repeating act

Boundary Setting

• Utilitarian, communicates values

• Defines membership in society– Outcasts = offenders

• What are the rules?

• Which are most important?

Incapacitation

• Utilitarian

• Physically preventing further crimes

• Expensive when used as main policy

• Most effective when applied selectively

Treatment–Reintegration

• Utilitarian

• Seeks return of offender as taxpayer

• Cuts costs of recidivism

• Violates principle of least eligibility

• Capability varies with type of offender and level of investment

• Requires forgiveness, monitoring

Legal Approaches to Incapacitation

Sentencing Methods and Structures

Enacted by Legislature

Employed by Courts

Determinant Sentences

• Crime + prior record = sentence

• Judge chooses from range set by legislature

• Good time reductions only

• Release date known from outset

Mandatory Sentences

• Penalty set by legislature

• Conviction assures sentence

• No judicial discretion

• May permit good time

Presumptive (guideline) Sentencing

• Guidelines set according to past practices– Severity of crime– Prior record– Other legally permissible recidivism predictors

• Deviations must be explained, approved

• Used in federal system

Truth in Sentencing

• Legislature requires X% of sentence be served prior to consideration for release

• An “add–on” to indeterminant structures

Retributive Justice

• Goal = fairness, affirmation of conformity

• Reduce offender’s status

• Make offender an outcast

• Inflict pain on offender

Restorative Justice

• Assure that victim, community and offender are healed

• Main goal – prevention of future crimes

• Methods: restitution, mediation

Impact ofJustice Model Sentences

• Prison populations more than tripled in less than 20 years

• Prisons became main expense of many states– Education and health often sacrificed

• Credited with reducing crime rate– This debated due to age and economic changes– One study linked releasees with increased

murders

Growth of theU.S. Prison Population