The Goals of Correctional Policy

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Chapter 1

• The Goals of Correctional Policy

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Corrections

• Content Jails, probation, prisons, parole
• Context Democracy, bureaucracy
• Goals Fairness (law) and efficiency (science)
  justice and medical models

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Goals of Punishment

• Retribution
• Treatmentreintegration
• Deterrence
• Boundary setting
• Restitution
• Just deserts
• Incapacitation

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Sentencing Structures

• Indeterminate
• Determinate
• Mandatory
• Presumptive sentences

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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
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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)

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Punishment

• Infliction of pain
• Symbolizes rejection
• Alienates recipient

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Discipline

• Training, learning rules
• Requires honesty, respect, loyalty
• Utilizes rewards and punishments
• Context critical

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Moral View of Corrections

• Goals are
• Fairness
• Compensation
• Emotional relief
• Boundary setting
• Focus is on past action (crime)
• Set by conscience, resource limits
• Legal

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Principle of Least Eligibility

• Offenders should have more difficulty getting
  goods, services, jobs, etc. than others

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Utilitarian Viewof Corrections

• Goals are
• Efficiency
• Minimize future crime
• Focus on future behavior, costs
• Set by knowledge of behavior, offender
• Scientific

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Retribution

• Moral
• Pain to offender that slightly surpasses that of
  victim
• Retaliation, vengeance

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Just Deserts

• Modern revision of retribution
• Focus is on (restoring) societys sense of
  fairness

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Restitution

• Utilitarian Material compensation of victim
• Violence state fund
• Property arranged through sentencing court and
  probation authorities
• Community Service for crimes without complainants

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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

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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

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Boundary Setting

• Utilitarian, communicates values
• Defines membership in society
• Outcasts offenders
• What are the rules?
• Which are most important?

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Incapacitation

• Utilitarian
• Physically preventing further crimes
• Expensive when used as main policy
• Most effective when applied selectively

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TreatmentReintegration

• 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

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Legal Approaches to Incapacitation

• Sentencing Methods and Structures
• Enacted by Legislature
• Employed by Courts

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Determinant Sentences

• Crime prior record sentence
• Judge chooses from range set by legislature
• Good time reductions only
• Release date known from outset

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Mandatory Sentences

• Penalty set by legislature
• Conviction assures sentence
• No judicial discretion
• May permit good time

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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

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Truth in Sentencing

• Legislature requires X of sentence be served
  prior to consideration for release
• An addon to indeterminant structures

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Retributive Justice

• Goal fairness, affirmation of conformity
• Reduce offenders status
• Make offender an outcast
• Inflict pain on offender

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Restorative Justice

• Assure that victim, community and offender are
  healed
• Main goal prevention of future crimes
• Methods restitution, mediation

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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

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Growth of theU.S. Prison Population