Dealing with Lawbreakers

Medieval Criminal Justice

• Trial by ordeal

• Severe public punishment/executions

A Reform Movement• The Enlightenment

• Depart from “supernatural” theory

• Assumptions about human nature

Classical Response to Crime

• On Crimes and Punishment, Beccaria (1764)

• Underlying theory

Principles of Deterrence

• Certainty

• Swiftness

• Severity

Empirical Researchon Deterrence

• There is moderate support for the effect of certainty, little to none for severity

Specific v. General Deterrence

• Specific Deterrence

• General Deterrence

Formal v. Informal Punishment

• Informal = unofficial punishment

• Informal enhances formal sanctions

Goals of Punishment

• Deterrence

• Incapacitation

• Rehabilitation

• Retribution

The “System” of Criminal JusticeAn Ideal Model

Crime

Police

Prosecutor

Court

Corrections

The Ideal Courtroom• Adversarial System

• The facts of each case are heard

• Witnesses are called

• Justice prevails

Courtroom Reality

• The Courtroom Workgroup

• Punishment based on the “going rate”

State Felony Convictionsby Guilty Plea (No Trial)

0%

20%

40%

60%

80%

100%

VIOLENT PROPERTY DRUG ALL CRIMES

Source: Bureau of Justice Statistics, 1998

Sentencing: Three Focal Concerns

• Offender’s blameworthiness

• Protection of the community

• Practical concerns

Prison• Prison (currently ~ 1/2 million inmates)

– Recidivism – Expensive

• Current conditions– Overcrowding– Few rehabilitative services– Aging prison population– Security is main concern

Community-Based Corrections• Less costly than prison

• If revoked -> prison (technical violations)

• Probation involves the most offenders (about 2 million)

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 crimesresult in imprisonment