Study Guide 1
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CRIM 380 “Penology” Study Guide For Exam#1
1) What are the 2 opposing views on “human nature?”
Blank Slate: John Locke. Human nature is flexible and socially constructed. We’re born as “blank
slates” and our beliefs and behaviors are inscribed onto that
entirely malleable
slate.
Evolutionary Biology: Evolved traits. Response to survival and reproductive challenges. High
aggressiveness and low empathy are encoded into our brain and psychological mechanisms.
Human
nature is selfish.
2) What motivates human action based on Rousseau and Hobbes?
Rousseau: Altruism, compassion
Hobbes: self-interest
3) Which ideas about crime and punishment were introduced by Beccaria and Bentham?
Beccaria: punishment should fit the crime, punishment should be certain and swift, law designed to
preserve public safety and order.
Bentham: to deter offenders – it must make sure pains of punishment outweigh the rewards of the
offence.
4) What was the perspective of Classical school and Positivist school on the issue of free will – and the
implications for sentencing?
Classical: human motivation is not determined by some force
Positivist: all actions have causes, dismissed free will belief; determinism – forces control the choice
we make
5) What are the five correctional perspectives, their main objectives/justifications of punishment,
strategy, central concerns, and view of offenders?
6) Based on Garland (1991) – what are the 2 standard ways of thinking about punishment, their central
concerns, and importantly – limitations?
Penological: punishment is a way of crime control
Philosophical: what is just? Punishment set up as a moral problem
7) What did Durkheim say about the function of punishment and its changing forms in traditional and
modern society?
Punishment is functional for society. Crime is “normal” as it exists in every society. It is a social solidarity
by punishing criminals maintains social solidarity, rules of the game.
8) What did Marx say about the function of the state, what was the emphasis of his approach to thinking
about punishment, and major criticisms of his approach?
FUNCTION: to preserve the existing economic and political arrangements (economic and power
interests of dominant class)
Emphasis: forms of punishment fir organization of production, fiscal and economic forces, size of
labor force
Criticisms: Too deterministic in hypothesizing a billiard-ball link between economy, politics, and
punishments. Does not provide nuanced explanation of differing experiences of juveniles, women,
and ethnoracial minorities within the correctional system; Underplays the positive, crime-
suppressing potential of corrections.
9) What 2 forms of power did Foucault talk about, their methods of control?
Sovereign power: monarch has complete control over people and their bodies. Inflicting pain on the
body is a way to control people. Punishment is a public spectacle.
Disciplinary Power: New, more diffuse forms of control – governing not just the body, but the mind
and soul. Surveillance is the main method and since nobody knows who is watched and when -self
surveillance emerges and envelopes more people. Public executions disappear.
10) What did Elias say about punishment and the cause for disappearance of executions?
Punishment changed by shifting cultural sensibilities arising in civilizing process
Disappeared because of a new public/private realignment and privatization of taboo subjects
11) What is the process of “institutionalization” which Goffman speaks of, how is it achieved, what are
the implications for rehabilitation, what is “secondary adjustment?”
Resocialization, reshaping of offender’s personality based on institutional goals and regulations
Via control, manipulation, mortification of inmate’s self
Inmates surrender everything and needs to demonstrate obedience to authority
Attempts of the inmate to regain his self, free-will and certain autonomy by gaining prohibited
pleasures (or legit items in a prohibited way) but without direct challenge to authority
12) What are the key recurring themes in corrections?
Money: desire to make money, issues of costs and resources, corrections as element of a class
society
Politics: impact of political events and sentiments
Social Control: use of correctional institutions to remove undesirable or powerless populations
Religious influence
Intersection of class, race/ethnicity, age, gender
Mismatch between intentions and outcomes
Humanization of punishment
13) Based on Peters (1998), which correctional perspective did Socrates share? Did Greeks apply
punishment equally regardless of social status? What did Greeks use prisons for?
Socrates: reform and deterrence are proper goals of punishment.
Unequal treatment based on social status: property sanctions for free citizens or aristocracy, harsher
punishments for less privileged.
Athens used prisons for temp custody, coercive detention of debtors, torture, and executions, and
for long term punishment
14) Based on Peters (1998), what was Roman attitude to life imprisonment, uses of prison, and XII tables’
provisions for use of imprisonment?
Romans valued freedom (used prison only to detain)
XII tables allowed imprisonment for unpaid debt only
15) Based on Peters (1998), which types of punishment were predominant in Europe during the Middle
Ages? What was the role of pope and inquisition in the history of imprisonment?
Blood Sanctions (painful modes of punishment) + banishments
Role of the pope: 1
st
western authority to allow imprisonment for punishment
Inquisition brought lay people under the ecclesiastic authority and established possibility of
incarceration to reform heretics, or punish them for a determinate or indeterminate period of time
16) Based on Spierenburg (1998), what were the 5 degrees of corporal punishment in early modern
Europe? What were the elements of the “theater of scaffold?”
5 degrees: whipping, burning the convict’s skin, mutilation, merciful “instant” death, prolonged
death
Theater of the scaffold: presence of magistrates, execution procession, elaborate rituals, use of dead
bodies as warnings, self-expression
17) Based on Spierenburg (1998), what is penal bondage, its major forms, why did it emerge?
Any punishment that puts severe restrictions on the condemned person’s freedom of action and
movement, including but not limited to imprisonment
Major forms: galleys, public works, imprisonment at forced labor, transportation
Rise of penal bondage was driven by poverty and vagrancy rather than by crime control
18) Who is William Penn, and what penal reforms did he introduce?
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Governor of Pennsylvania Colony, quaker. Reform/ humanize punishment. Against corporal
punishment. Proposed and instituted Great Law (deemphasizes use of corporal and capital
punishment for anything but the most serious crimes)
19) Based on Rothman (1998), what explains the rise of incarceration in the US after the revolution, and
whose ideas (classical theorist) were prevalent in the US in 1820s?
Decline of the church and father’s authority (traditional social control mechanism) Beccarias Ideas
20) Based on lecture and Rothman (1998), what are the major features of the New York prison model?
Communication between inmates was prohibited.
Prisoners were allowed out of their cells during the day for meals and work
21) Based on lecture and Rothman (1998), what are the major features of the Pennsylvania prison
model?
Prisoners were confined to their cells at all times
22) Based on lecture and Rothman (1998), which system, New York or Pennsylvania, became more
popular and why?
New York’s system due to its rehabilitative promise and lower cost of operation
23) What were Dorothea Dix’s findings and contributions?
Most prisons were understaffed, over crowded with inept leadership. She called for more focus on
morals and education of young and crime prevention as a means of improving prisons and reducing
their use.
24) Based on lecture and Rotman (1998), what were the major features of Elmira reformatory and major
Brockway’s initiatives? Which factors undermined the success of Elmira reformatory?
Elmira Reformatory: rehabilitation focus and rewards system; planned to hire educated staff and be
uncrowded.
Overcrowding, low funding, low % recidivism, and staff violence undermined the success
of Elmira
Brockway initiative: 3-pronged marks system:
indeterminate sentencing created
planned to create education and vocational schools,
focus on programming, probating and parole.
25) Based on lecture and Rotman (1998), what is the medical model and its major criminal justice
consequences? What were the major features of Norfolk Prison Colony and why it failed?
Medical Model: assumption that offenders are somhow pathological, need treatment.
Major CJ consequences:
Indeterminate sentences
Time off for good behaviour
Inmate classification: reinvigorated custodial practices (minimum – max security) and
harsher treatment, separation of the mentally disabled and those between “normal” and
“insane”
Norfolk Prison Colony: embodied the best ideas, opened for psychs and behavioral scientists
Failed b/c increase number of federal inmates, refusal of state to accept them after
Congress ban of 1887
26) Based on lecture and Rotman (1998), what did Sykes (1958) and Irwin and Cressy (1963) find about
the Big House?
Managed by professionals, bureaucratic, control via highly routinized regime of work, leisure rather
than corporal punishment, 2,500 inmates on average.
Sykes: hierarchy, convict code, use of prison leaders to rule
Irwin & Cressy: did not obliterate pre-prison identities
27) What are the major consequences (successes / failures) of prison reform in the US?
Abolished corporal punishment, mitigated extreme isolation, solitary confinement as extreme
disciplinary measure
Progressive goals of modeling prison as a community and treatment institution failed. Prison life
improved (libraries, exercise, housing)
28) What are the 3 approaches to defining the term “political prisoner?”
In the broadest sense: anyone convicted of politically motivated offense/prosecuted for political
reasons.
In the narrowest sense: the “prisoner of conscience” as understood by Amnesty International –
someone imprisoned for beliefs/associated who never advocated or used violence
OHP: mid-range, beliefs or association or peaceful advocacy (including of “forcible overthrow”) but
no actual violence/instigation of imminent violence.
29) Based on Neier (1998), how did the number of political prisoners change in France after the
revolution?
Reign of terror resulted in increased number of political prisoners compared to pre-revolutionary
period
30) Based on lecture and Neier (1998), what do we know about use of criminal justice / imprisonment
for political persecution in the U.S. during World War I?
1,900 political prosecutions dealing with peaceful expression alone, journalists, pastors, left-wing and
labour activists of Industrial Workers of the World – Debs who later got close to 1 million votes as a
presidential candidate “you are fit for better than slavery and cannon fodder”
31) What event led to the decline of the Red Scare in the US in 1920?
The ACLU lawsuit following the Palmer Raids which uncovered sloppy investigative work underlying
the raids’ selection of suspects and subsequent public disproval
32) What do we know about the legal acts allowing the use of criminal justice and imprisonment to
prosecute political cases in the USSR – the doctrine introduced by Edict #1 of 1917, and also – which
crime did Article 58 section 10 punish?
A edict established revolutionary tribunals with the aim of struggling with counterrevolutionary
forces and socialist legal consciousness
Treason, armed rebellion, espionage, subversion of industry, transport, trade or monetary system,
wrecking terrorism, diversion, anti-societ propaganda and failure to report
33) Based on lecture and Neier (1998), what do we know about the origin of the practice of imprisoning
Jews for “being Jews” in the Germany in 1935?
The first time
34) Based on lecture and Neier (1998), which were the 2 countries which practiced political
imprisonment on the mass scale post-World War II (in 1950s and 1960s) and why were they not widely
condemned internationally?
China & Indonesia
Although Amnesty International was founded in 1961, human rights did not become a
prominent public issues til late 1970s when both Cultural Revolution in China and PKI
persecution in Indonesia were over.
During the cold war era, the proponents of either US or USSR used human rights as a
propaganda tool denouncing their opponents given that countries on both sides were guilty
Indonesia was neglected due to West unfamiliarity with Indonesia politics, language, and
low number of exiled from the country to raise awareness.
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