...Assess sociological explanations of the functions and forms of punishments of offenders. Note- Make sure the points link to the question. Don’t just talk about theory. Write about what it tells you about the forms and purposes of punishment. 1- Define punishment. There are many different forms such as…. There are also many different aims such as…. Punishment is the process that enforces a sentence/ penalty for a crime committed. It is one of the main ways sociologists believe we can prevent and control crime. There are many different forms of punishment such as deterrence that sanction the offender to prevent them to commit crimes. There are also many different aims of punishment such as protecting the interests of the ruling class and preventing the working class from rebelling, as foretold by Marxists. 2- Reduction. Say what it is and what it does, including giving examples… Also, say the three types of reduction, what they are and how they help/ effect Reduction is a sociological explanation for the punishment of offenders. They are carried out to prevent future crimes from occurring. There are three ways in which it can be carried out. Deterrence is punishing the individual to discourage them from future offending. “Making an example” of them may also serve as a deterrent to the public at large. An example of a punishment is Anti Social Behavioural Orders (ASBOs). These help deter others from offending because…. You publicly humiliate them to deter others to avoid...
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...his "Surveiller et punish" ( Discipline and Punish ) notes that its use as punitive punishment of crime, is a recent phenomenon that was instituted during the nineteenth century . Earlier, jail, only used to hold prisoners who were waiting to be sentenced (or not) effectively (punishment, execution or rejection). The prisoners were held in the same space, regardless of their offense and had to pay child support. The disruption was such that the same crime suspects could, with ease, change the version of events before processing. The application of justice at the time was in the public domain. It showed the torture to which they were subjected defendants and their executions. Michel Foucault mentions the large venues or the ship of fools, as particular examples of detention prior to the modern era. Contrary to the conviction that establishes a prison sentence on the offense, the prisons of the time served as a means of exclusion for all marginalized people (criminals, crazy, sick, orphaned, homeless, prostitutes, etc..) All were imprisoned, haphazardly, to silence the conscience of the "honest" people without more aspiration than to make them disappear. The creation of prisons arose from the need to keep secret the treatment of crime. The executions, carried out in public, were increasingly discrete to disappear completely from view. The torture, considered barbaric, had to be changed to something else. Foucault notes that the choice of the prison...
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...the British Journal of Social Work in 1979, Anthony Bottoms and Bill McWilliams proposed the adoption of a ‘non-treatment paradigm’ for probation practice. Their argument rested on a careful and considered analysis not only of empirical evidence about the ineffectiveness of rehabilitative treatment but also of theoretical, moral and philosophical questions about such interventions. By 1994, emerging evidence about the potential effectiveness of some intervention programmes was sufficient to lead Peter Raynor and Maurice Vanstone to suggest significant revisions to the ‘non-treatment paradigm’. In this article, it is argued that a different but equally relevant form of empirical evidence—that derived from desistance studies—suggests a need to re-evaluate these earlier paradigms for probation practice. This reevaluation is also required by the way that such studies enable us to understand and theorize both desistance itself and the role that penal professionals might play in supporting it. Ultimately, these empirical and theoretical insights drive us back to the complex interfaces between technical and moral questions that preoccupied Bottoms and McWilliams and that should feature more prominently in contemporary debates about the futures of ‘offender management’ and of our penal systems. Key Words desistance • effectiveness • ethics • offender management • nontreatment paradigm • probation 39 40 Criminology & Criminal Justice 6(1) Introduction Critical analysts of...
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...The Capital Punishment Controversy Author(s): William O. Hochkammer, Jr. Reviewed work(s): Source: The Journal of Criminal Law, Criminology, and Police Science, Vol. 60, No. 3 (Sep., 1969), pp. 360-368 Published by: Northwestern University Stable URL: http://www.jstor.org/stable/1141991 . Accessed: 31/01/2013 08:39 Your use of the JSTOR archive indicates your acceptance of the Terms & Conditions of Use, available at . http://www.jstor.org/page/info/about/policies/terms.jsp . JSTOR is a not-for-profit service that helps scholars, researchers, and students discover, use, and build upon a wide range of content in a trusted digital archive. We use information technology and tools to increase productivity and facilitate new forms of scholarship. For more information about JSTOR, please contact support@jstor.org. . Northwestern University is collaborating with JSTOR to digitize, preserve and extend access to The Journal of Criminal Law, Criminology, and Police Science. http://www.jstor.org This content downloaded on Thu, 31 Jan 2013 08:39:08 AM All use subject to JSTOR Terms and Conditions THB JOURN« OFCRIMINGLAW, CBIMINOLOGY POLZZSCIXNCE AND Copyright 1 1969by Northwestern University School of Law Vol. 60, No. 3Prsnted in U.S.A. CRIMINAI COMMENTS CASE IAW AND NOTES Prepared studentsof Northwestern by UniversitySchoolof Law underthe directionof the student members the Law School'sJournalEditorialBoard. of JULIAN ESPOSITO D STEPREN SELIGER G. Editors-in-Chief...
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...adult jurisdictions has been ongoing since the inception of these courts. Various reasons has contributed to this including inadequacy of punishment on serious offenses and the propensity to continue offending after release also called recidivism among others. Various researches have been carried out on this aspect of transferring juvenile to adult courts c with different recommendations. This discussion, reviews an article, “Differential Effects of Adult Court Transfer on Juvenile Offender Recidivism” by Loughran et al. (2010) in the law and human behavior journal. The article sought to investigate on the effects on the ability of the juveniles to repeat offenses if they are taken to adult courts. It is expected that juveniles below the age of 14 years are tried by juvenile courts and not adult jurisdiction. The article notes that there are null effects of transfer on re-arrest (Loughran et al. 2010). Most of the juveniles that may be taken to adult courts are not prone to recidivism therefore it means that even if the juveniles are taken to the adult courts, there is less differential in their behaviors on their release. Even though, various studies have indicated that juvenile offenders that are transferred to adult courts have higher chances of recidivism, this study does not support this conclusion. Furthermore, the study notes that evaluation of effects of transfers for transferred adolescents may not be appropriate as it might lead to misguided policy conclusions...
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...BABY AND THE BATHWATER: THE PERILS OF HOLDING JUVENILES IN CONTEMPT RICHARD SEITZ UNIVERSITY OF BALTIMORE SCHOOL OF LAW FALL 2008 You can learn many things from children. How much patience you have, for instance. - Franklin P. Jones THE CASE OF A.S. In December of 2007, A.S., a 17 year old female, was subpoenaed to testify as a state’s witness in a case against a man accused of assaulting another woman. When she failed to respond to the subpoena and did not appear at trial[1], St. Mary’s Circuit Court Judge C. Clarke Raley issued an order for her arrest. She was picked up by patrol officers on New Year’s Eve, and appeared before a different judge, who subsequently released her on her own recognizance. On January 9, 2008, Judge Raley issued another order, this time finding her in direct criminal contempt for her previous failure to appear as a witness, and summarily sentenced her to 30 days in the St. Mary’s County Detention Facility, the county’s general population prison for adult criminal offenders. A.S. was jailed in the detention center among the adult population; public defenders appealed to the judge on her behalf, claiming that her imprisonment was in violation of the Juvenile Justice and Delinquency Prevention Act[2]. Judge Raley was not compelled by the argument, stating that she A.S. “was not best served by guidance, treatment or rehabilitation [in a juvenile facility], but by a brief exposure to the St. Mary’s County Detention...
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...Victimization in the Criminal Justice System Ian Gallagher CJA/534 May 18, 2015 Lora Terrill Victimization in the Criminal Justice System In ancient times, victims of crimes, and their kin, were responsible for the sentencing and implementation of the offender. This trend did not reappear, in a more lawful form, in modern criminal justice systems until the 1970’s. Recent years have seen growth and attention in victim’s rights and advocacy, but many claim the system is still flawed (Schmalleger & Hall, 2010). This paper will examine how victimization affects each party: the prosecution, the defense , the offender, and the victim in the final stages of sentencing and imposing of sanctions. It will also discuss the sentencing and sanction goals from each perspective. Finally, this student’s victim’s rights ideas will be offered. Prosecution The prosecution has the difficult task of finding the truth even when it is messy and unpleasant. Once a conviction occurs, it then has the burden of seeking sentencing justice, following sentencing guidelines, considering alternative sanctions, and taking the victim’s wishes into consideration. Taking care to note all of these factors, prosecutors must look at the five common goals of a sentence: retribution, deterrence, rehabilitation, restoration, and incapacitation (Schmalleger & Hall, 2014). Under current guidelines, prosecutors have tremendous power in setting the tone for sentencing and can easily increase and decrease the sentences...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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...H/W Tania Begum 6.13 23rd March 2016 Assess the hypodermic syringe model of the relationship between the mass media and the audience. (18 marks) There are a variety of sociological theories and evidence that suggests that the hypodermic syringe model has a relationship between the mass media and the audience however there also some flaws to these ideas. The hypodermic syringe model assumes ideas/ideologies transmitted in mass media products are automatically ‘injected’ into the minds of the audience for example a newspaper telling its readers who to vote for. The audience is seen as passive recipients. The hypodermic syringe model shows that we are a passive homogenous audience. The hypodermic Syringe Model (HSM) is an early theory model, which believes that there is a direct correlation between the violence and anti-social behavior portrayed in different media types (e.g. Television, computer games and films). Sociologists found that the most venerable audience to the HSM is children and teenagers. This is because they are still in the early stages of socialization so are therefore very impressionable. A prime example to support this theory is the case of Jamie Bugler. Jamie was a 2 year old boy that was abducted and murdered by two 10 year old boys. The boys had apparently watched 'Childs Play 3' before they murdered the toddler, and as the murder was very similar...
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...Assignment 3: Probation and Punishment Dedra Clark Strayer University Professor Berry 8 March, 2016 This paper was prepared for CRJ100 Abstract The purpose of this paper is to provide a comprehensive analysis of probation and prison programs and amenities Introduction Classification plays a crucial role in parole and the probation process by deciding the type of rehabilitative strategy that the offender has to adapt to in the process of correction. Classification systems were utilized after sentencing in order to appropriately determine and plan the offender’s treatment and management. This paper will analyze a probation case study, ISP programs, and prison programs and amenities. Review of Kris’ file At the age of 13 years, Kris was given probation because of being involved in a battery case. He was arrested for trespassing during his juvenile probation hence accorded additional time in probation as a consequence of his actions. He is currently 25 years old and has completed his probation successfully. He however has a recent adult conviction for which he is being sentenced. My findings equate to Robert’s findings which elaborate that parole boards determine when an offender is rehabilitated from crime and ready to rejoin liberal society. Our findings additionally agree on the fact that it is the work of supervising officers to advice parolees and probationers besides ensuring that the recommended interventions are being undertaken. The role of classification...
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...Criminal Liability of Corporation: An Indian Perspective Manjeet Kumar Sahu* Abstract Current Supreme Court’s decision have made the stand apparently clear in India that the Corporation can be prosecuted as a separate legal entity even in the offences where the punishment is imprisonment. This Paper explains the present status of India on Corporate Criminal Liability and how judicial decision is inconsistent with the legal provisions. It further provides the current situation about the corporate criminal liability in the International scenario. The apex court’s decision under various matters reflects the gravity of the concerned problem i.e being faced by the aggrieved parties. The Concept of “No soul to kick” has become obsolete and applicability of lifting the corporate veil has unveiled the sheath. The current research on this subject have been included and it is substantiated with the effect of recent Supreme Court’s judgement and also focused on the dilemmatic situation of the Court’s decision. Keywords: Corporation, Criminal Liability, Judicial Decision, Legal provision, International Scenario, Dilemmatic Situation. Introduction A company can only act through human beings and a human being who commits an offence on account of or for the benefit of a company will be responsible for that offence himself. The importance of incorporation is that it makes the company itself liable in certain circumstances, as well as the human beings. ---------Glanville Williams The...
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...emerged in the 19th century during what was said to be a much more broader movement that saw all social problems scrutinized in the course of a scientific viewpoint. Positivism is a pathological approach to human conduct fashioned either or jointly by biological, psychological or psychiatric factors and attributes which are isolated and measured, at the root of any criminal activity, the mind and body are perceived to be flawed (Hester and Eglin 1992). Criminality is perceived to be a naturally caused beyond individual control, it occurred due to the disordered psyche, mind or body. Theorists argue that criminals commit crime due to a faulty reasoning and the prevention of crime should focus on re-education of criminals. They can be changed into being productive and useful members of the society and can be reformed from criminal activities. Punishment is viewed in order to fit the criminal depending on they type of reformation required (Westmarland 2011). The rise of positivism was due to various external factors at the time, most especially the development of professional knowledge that relied upon a scientific rationality to understand and explain and control human conduct. Such an expert was C. Lombroso 1835-1909, often referred to as the “father of modern criminology”. He popularised the...
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...While the main purpose of the adult criminal justice system is to punish the criminal according to the level of his or crime, the aim of the juvenile justice system is to apply rehabilitation or mentoring to juvenile offenders in order to prevent further crimes and to change their delinquent behavior. The core motivating principle of the juvenile system is rehabilitation. This is because juveniles are not fully mentally or physically developed; they cannot be accountable for their actions in the same way as adults. Additionally, many juvenile offenders come from broken homes or bad neighborhoods and many have been abused. They need a second chance because many have not received even a first chance. Additionally, rehabilitation is by far the best option for them because of the way they would almost certainly be exploited and turned into hardened criminals if sent to prison. This paper will provide further background to the issue of rehabilitating juvenile offenders, and strongly argue that it is the right approach. The justice system fulfills an important symbolic function by establishing standards of conduct. It formally defines right and wrong for citizens and frees them from the responsibility of taking vengeance, thus preventing the escalation of feuds within communities. The system protects the rights of free citizens by honoring the principle that individual freedom should not be denied without good reason. Rehabilitation has as its objective...
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...Running Head: OVERCROWDING OF PRISONS 1 Overcrowding of Prisons Don Bailey SOC 305 Crime & Society Ekaterina Gorislavsky 25 May, 2015 - 1 - [no notes on this page] Running Head: OVERCROWDING OF PRISONS 2 Abstract The correctional institutions are established to correct the behaviors by law breakers. Society believes that once an individual comes out of the correctional facility, he is a reformed person. In addition, these facilities are always expected to warn the law abiding citizens to deter them from committing a crime for fear of being in the correctional cells. However, the population in the correction facilities especially prisons is contrary to this expectation. Over time, there is increased number of offenders. This comprises of the new offenders and the repeat offenders. This causes overcrowding in the correctional facilities which is a challenge to the society. The focus of this problem is the social effect of overcrowding to the judicial system and ways of addressing the challenge. Overcrowding in correctional institutions Crime is punishable for three reasons namely retribution, prevention and deterrence. The main purpose of incarcerating offenders is to stop them from repeating previous crimes they committed. Appraising the current American system using these standards, the deterrence category has failed miserably, insufficient in prevention and providing unsatisfactory retribution through detention. Attempts to deter released criminals...
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...have recognized that children who commit crime should be treated differently than adults. That separation has been eroded significantly since the 1980's and 1990's when the violent crime rate was very high. More recently, with neurological evidence of immature capacities of adolescents, we again acknowledge the differences between youth and adult offenders. Perhaps it is time for another period of reform in our juvenile justice system. When punishing crime there are four goals that can be achieved: retribution, rehabilitation, deterrence, and incapacitation. The modern adult criminal justice system focusses mainly on retribution and incapacitation. As a society, we want to be "tough on crime" so we have all but...
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