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Purposes of Punishment. Crime Control Deterrence Incapacitation Rehabilitation Therapeutic. Moral Purposes Moral example D emarcation Remediation Retribution Humiliation Penitence. Deterrence.
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Purposes of Punishment Crime Control Deterrence Incapacitation Rehabilitation Therapeutic Moral Purposes Moral example Demarcation Remediation Retribution Humiliation Penitence
Deterrence Sentence based on effectiveness in reducing rate and severity of criminal harm, not justice Assumes that criminal behavior proceeds from rational calculation Effectiveness highly variable among different types of crime Research shows severity less important than certainty of punishment
Crime Index Offenses Cleared by the Police (20% overall) Murder: 70% Larceny: 20% Agg. Assault: 60% Arson: 15% Rape: 50% Burglary: 15% Robbery: 25% Motor Vehicle Theft: 15%
Other Studies of Racial Disparities In California, killers of whites were more than 3 X more likely to receive death sentences than if they killed minorities (Pierce & Radelet, 2005) In North Carolina, killers of whites were 3.5 X more likely to receive death sentences than if they killed minorities (Boger & Unah, 2001)
North Carolina’s Racial Justice Act of 2009 Death-row inmates have the right to have their sentences commuted to life without parole if they can prove racial bias played a part in their death sentences. Law allows inmates to use data from studies that show bias in the judicial system statewide – need not show individualized evidence.