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functions carried out by government & private agencies having to do with the punishment, treatment, supervision, & management of individuals who have been accused convicted of criminal offenses |
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the study of the processes & institutions involved in the punishment & prevention of crime |
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the act of imposing some sort of unwanted burden such as a fine, probation, imprisonment, or death on convicted persons in response to their crimes |
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period in history in which a major shift in the way people viewed the world & their place in it occurred, moving from a supernaturalistic to a naturalistic & rational worldview |
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the Classical School of penology/criminology was a nonempirical mode of inquiry similar to the philosophy practiced by Greek philosophers - one based on logic & reason |
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3 elements of punishment according to Beccaria |
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1. certainty 2. swiftness 3. severity |
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positing that human action should be judged moral or immoral by its effects on the happiness of the community & that the proper function of the legislature is to make laws that maximize the pleasure & minimize the pain of the population |
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those who believe that human actions have causes & that these causes are to be found in the thoughts & experiences that typically precede those actions |
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a philosophy of punishment driven by a passion for revenge |
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a philosophy of punishment driven by simple deterrence & a need to repair the wrongs done |
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a doctrine that maintains that all goals in life are for maintaining pleasure and/or avoiding pain |
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the state of having good sense & sound judgment based on the evidence before us |
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a method by which humans are expected to weight the anticipated benefits of an action against all possible costs |
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the capacity of humans to make choices & their responsibility to make moral ones regardless of their internal or external constraints on their ability to do so |
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5 punishment justifications that have been dominant in the United States over the last century |
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1. retribution 2. deterrence 3. incapacitation 4. rehabilitation 5. reintegration |
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a philosophy of punishment that states that the degree of a criminal's punishment must match the harm done to the victims, that is, what they justly deserve |
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a philosophy of punishment aimed at the deterrence of crime due to the threat of punishment |
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the supposed effect of punishment on the future behavior of those who receive the punishment |
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occurs when an ex-offender commits further crimes |
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the effect of punishment on future behavior depends on how much the punishment & the usual life experience of the person being punished differ or contrast |
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the assumed effect of the threat of punishment on the actions of the general population |
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a philosophy of punishment that maintains that criminals are unable to harm people outside of prison walls while they are locked up |
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refers to a punishment system in which prison is reserved for a specific group of offenders such as repeat violent offenders |
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a philosophy of punishment aiming at "curing" criminals of their antisocial behavior |
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a philosophy of punishment that aims to help criminals be prepared to re-enter society after they have served their sentence |
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retribution: justification |
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none: offenders simply deserve to be punished |
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retribution: focus of perspective |
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retribution: image of offenders |
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free agents whose humanity we affirm by punishing them |
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deterrence: justification |
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prevention of further crime |
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make punishment more certain, swift, & severe |
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deterrence: focus of perspective |
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actual & potential offenders |
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deterrence: image of offenders |
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rational beings who engage in cost/benefit calculations |
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incapacitation: justification |
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risk control, community protection |
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offenders cannot offend while in prison |
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incapacitation: focus of perspective |
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incapacitation: image of offenders |
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not to be trusted but to be constrained |
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rehabilitation: justification |
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offenders have correctible deficiencies |
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treatment to reduce offenders' inclination to reoffend |
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rehabilitation: focus of perspective |
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rehabilitation: image of offenders |
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good people who have gone astray & will respond to punishment |
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reintegration: justification |
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offenders have correctable deficiencies |
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concrete programming to make for successful reentry into society |
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reintegration: focus of perspective |
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reintegration: image of offenders |
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ordinary folk who require & will respond to concrete help |
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a model of law that emphasizes community protection from criminals, & stresses that civil liberties can only have real meaning in a safe, well-ordered society |
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a model of law that stresses the accused's rights more than the rights of the community |
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