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Arizona State University *
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Course
100
Subject
Law
Date
Feb 20, 2024
Type
docx
Pages
2
Uploaded by AmbassadorTeam8448
Chapter 11
a.
Define punishment and then discuss the major rationales of punishment and correction of criminal behaviors. Include in your discussion: retribution, prevention,
deterrence, incapacitation, and treatment. Number your answers in a column. Punishment is the “Unpleasantness or pain administered by one in lawful authority in response to another’s transgression of laws of rules” (264). Some major rationales of punishment include retribution rationale which is a punishment that states that punishment is an end in itself and should be balanced to the harm caused (266). Another is prevention rationale which is a punishment that views it as a means rather that an end and embraces any method that can deter crime, painful or not (266). Specific deterrence is what is done to offenders to prevent them from deciding to commit another crime (267). General deterrence is what is done to an offender to prevent others from deciding to engage in wrongful behavior (267). Incapacitation which is holding an offender to prevent further crime (267). b.
Defend the rationales of punishment using the ethical systems, include utilitarianism, formalism, and other ethical frameworks. Number your answer please.
1.
Utilitarianism: Is the principle which is often used to support the prevention rationale of punishment for deterrence, incapacitation, and treatment. According to utilitarianism treatment the treating of the criminal offender benefits society (270). 2.
Ethical Formalism: While Utilitarianism supports to treatment of criminal offenders’ ethical formalism does not support treatment because it can be viewed as violative of the second element in categorical imperative (271).
3.
Other ethical frameworks include the combination of utilitarian and retributivism to form an ethical justification for punishment that states no one should be treated as a means. Some others include, we must punish only to the extent that the loss of liberty would be agreeable were one not to know whether one we to be criminal or etc. (272).
c.
Explain the controversial issues involved in the use of supermax prisons. In a 2
nd
paragraph support or criticize the use of private corrections and give your reasons.
Supermax prisons have been considered cruel and unusual. Some things were these prisons were specially built for the worst of the worst prisoners. These prisoners were so violent that they needed inhumane conditions for safety of these prisoners. There’s another argument that states Superman prisons are against the 1994 UN convention against torture and other cruel or inhumane treatment (274). I feel for both sides of the argument for and against supermax prisons. I can see the side where they describe the supermax prisons as inhumane against people. However, I can also see the side where they describe needing these inhumane conditions for the safety of these inmates. While I see and hear both sides, I do however feel the side against supermax prisons have a stronger and more valid argument opposed to the side for supermax prisons (274).
Chapter 12
a.
Discuss the use of discretion by correctional personnel. Include in your discussion these topics: one’s personal reputation, sexual language and abuse, reciprocity, and use of force. Describe the CO subculture. Second, list and describe some forms of corruption committed by CO’s.
b.
Tell me what you learned about PREA (the Prison Rape Elimination Act). In a 2
nd
paragraph, what are some ways that morality can be maintained in prison, include the officers, treatment staff, psychologist, and medical professionals.
What is learned from the Prison Rape Elimination Act is that it was an act passed by congress in 2003 that mandated every state to keep a record of prison rapes and allocated money to study the problem and develop solutions. Data showed there was a
great deal of sexual victimation between female imamates and second between male inmates and female officers. Morality can be maintained in prisons by the officers themselves. They can do this by
following a strong ethical code of conduct. Although, this might cause strong egoism it is the best way to change a negative environment (300). Morality can also be maintained through treatment staff. This can be done by providing therapy in prisons for serious mental problems and can help drift away from a negative environment (303). c.
Write about Community Corrections, Caseload Supervision, Parole Officers, and Halfway Houses. Community corrections is a term that encompasses halfway houses, work release centers, probation, parole, and any other intermediate sanctions, such as electronic monitoring that take place in the community, rather than the prison (309). Caseload supervision is officers who have the decision to file a violation report and make a recommendation to the judge or the parole hearing examiner to continue with supervisor status or to recommend prison (310). Parole Officers are supposed to help one stay out of prison or trouble while also using discretion to decide whether or not one should go back to prison (312). Halfway Houses are in the community and staff have similar concerns to parole and probation officers to keep the community safe while also trying to disciple offenders for infractions or deciding whether to send offenders back to prison (313).
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