Vocabulary

Retribution- Theory that includes harsh punishment for criminals, such as long prison sentences and uncomfortable prison conditions.

Rehabilitation- Theory that includes offering counseling and education to criminals in hopes of turning them into law abiding citizens.

Recidivism- Rate at which criminals recommit crimes. Detention- Punishment where a criminal is unable to

leave a location, such as incarceration or house arrest. Probation- Punishment where a criminal can serve

sentence out of prison provided they meet certain conditions.

Parole- Early release for a prisoner.

Warm Up?

What do you think the difference is between Retribution and Rehabilitation?

EQ

EXPLAIN THE DIFFERENCE & GOALS OF RETRIBUTION AND REHABILITATION AS WELL AS VARIOUS PUNISHEMENTS FOR EACH?

CRIME AND PUNISHMENT

Conflicting TheoriesRehabilitation vs. Retribution

Retribution Concerned with punishing a

person for their crime Tend to emphasize long

prison sentences, capital punishment, and uncomfortable prison conditions as the best means of deterrence

Rehabilitation Transform prisoners into law

abiding citizens Advocate educational

programs, counseling, and job training for those in prison as the best means of deterrence

Deterrence

Deterrence is meant to prevent future crimes

Advocates of Retribution and Rehabilitation point to recidivism as justification for their views Recidivism is the rate

at which criminal behavior is repeated by the same people

Retribution for Less Serious Crimes Monetary Compensation

Convicted must pay $ in form of a fine, restitution, or compensation. Restitution is money or property a

person gained from their crime Compensation is when a person is

ordered to pay for another’s loss as a result of their crime

Community Service The court can order the

convicted to work a certain number of hours for a charity, shelter, cleaning up a public area

Probation Instead of prison time the court

sets certain conditions the convicted must meet

Retribution for Serious Crimes Detention

Restriction of a person’s ability to leave a location House Arrest

Form of detention where a person is confined to their home

Incarceration Most Common form of

detention Long term

incarcerations: State run prisons

Short term incarcerations: County run jail

Parole

Most people convicted do not spend their entire sentence behind bars

Parole means a person is released from prison but is still considered to be serving their sentence This issue is debated

frequently, especially when the person on parole continues to commit crimes

This has cause many states to enact “3 Strikes Laws”

Confiscation of Property The state takes a

person’s home, money, possessions, etc. as punishment Ex: Person

convicted of tax evasion could have their house confiscated

Capital Punishment

Known as “The Death Penalty”

Most serious form a retribution

Not used in every state, (is used in NC) it is reserved for those convicted of premeditated murder Some states, the US Gov’t

, and the military have crimes other than murder for which an individual can be executed

Role of the Jury

Jury The same jury

that convicts the defendant must also decide if he/she will be executed or sentenced to life in prison

Juvenile Offenses

The age at which one is considered a juvenile varies from state to state

Depending on the severity of the crime a juvenile can be tried as an adult

Juvenile Incarceration

Juvenile Detention Center An alternative to an adult

prison Boot Camps

Some judges can sentence a juvenile to a boot camp

These camps are designed to rehabilitate through instilling discipline

Schools In recent years schools

have had to resort to long term suspensions, legal searches of student lockers, and metal detectors

Criminally Insane

Mental Institution If a defendant is

found to be mentally ill at the time of their crime the court may then confine them in a mental institution to receive treatment

Graphic Organizer

EQ

EXPLAIN THE DIFFERENCE & GOALS OF RETRIBUTION AND REHABILITATION AS WELL AS VARIOUS PUNISHEMENTS FOR EACH?

REFLECTION

WHAT IS THE DIFFERENCE BETWEEN RETRIBUTION AND REHABILITATION?

WHAT IS DETERENCE? WHAT ARE FORMS OF RETRIBUTION FOR LESS

SERIOUS CRIMES? WHAT ARE FORMS OF RETRIBUTION FOR SERIOUS

CRIMES? WHAT ARE FORMS OF RETRIBUTION FOR

JUVENILES? WHAT MAY HAPPEN TO A DEFENDANT THAT IS

CONSIDERED INSANE AT THE TIME OF HIS/HER CRIME?

Closing

Which theory, Retribution or Rehabilitation, do you feel is the more successful form of deterrence and prevents recidivism?

Closing Question?

What is your opinion about the “Miranda Decision”? Are we more worried about protecting the rights of the accused or protecting society?

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