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Dealing with Lawbreakers

This overview explores the evolution of criminal justice from medieval practices such as trial by ordeal and severe public punishments to Enlightenment reforms that challenge supernatural theories of law. It discusses principles of deterrence, the role of certainty and severity in criminal deterrence, and the contrast between specific and general deterrence. Additionally, it evaluates the current realities of the prison system, including recidivism, overcrowding, and the focus on community-based corrections over traditional imprisonment, highlighting the flaws and potential reforms within the justice system today.

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Dealing with Lawbreakers

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  1. Dealing with Lawbreakers

  2. Medieval Criminal Justice • Trial by ordeal • Severe public punishment/executions

  3. A Reform Movement • The Enlightenment • Depart from “supernatural” theory • Assumptions about human nature

  4. Classical Response to Crime • On Crimes and Punishment, Beccaria (1764) • Underlying theory

  5. Principles of Deterrence • Certainty • Swiftness • Severity

  6. Empirical Researchon Deterrence • There is moderate support for the effect of certainty, little to none for severity

  7. Specific v. General Deterrence • Specific Deterrence • General Deterrence

  8. Formal v. Informal Punishment • Informal = unofficial punishment • Informal enhances formal sanctions

  9. Deterrence Incapacitation Rehabilitation Retribution Goals of Punishment

  10. The “System” of Criminal JusticeAn Ideal Model Crime Police Prosecutor Court Corrections

  11. The Ideal Courtroom • Adversarial System • The facts of each case are heard • Witnesses are called • Justice prevails

  12. Courtroom Reality • The Courtroom Workgroup • Punishment based on the “going rate”

  13. State Felony Convictionsby Guilty Plea (No Trial) Source: Bureau of Justice Statistics, 1998

  14. Sentencing: Three Focal Concerns • Offender’s blameworthiness • Protection of the community • Practical concerns

  15. Prison • Prison (currently ~ 1/2 million inmates) • Recidivism • Expensive • Current conditions • Overcrowding • Few rehabilitative services • Aging prison population • Security is main concern

  16. Community-Based Corrections • Less costly than prison • If revoked -> prison (technical violations) • Probation involves the most offenders (about 2 million)

  17. Criminal Justice Funnel 1,000 felony crimes 63% not reported 370 reported to police 80% not arrested 42 prosecuted 2% not convicted 41 convicted in court 32% no prison/jail 28 imprisoned 2-3% of felony crimes result in imprisonment

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