Running head: MODULE 6 1

Module 6

Author’s name

Institutional Affiliation

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Part 1: The Enforcement of Social Rules

6.1.1: How laws operate when they are broken

The way in which laws operate once they are broken is interesting. It is readily apparent

that when laws get broken, they operate in a threefold manner. On one hand, they become more

resilient in terms of their enforcement while, on the other, they make other laws gain significance

and power. Looking at this statement critically, the argument that their enforcement becomes

more resilient after they have been broken means that criminal punishment exists only in books

when no crime has been committed. But once misconduct has been perpetrated, that is when the

laws pertinent to the incident are put into practical application. In that sense, the laws appear to

have become more robust than when they are only articulated in documents. On the same note,

the point that they give importance and power to other laws implies that breaking one law may

require insights from other laws to solve the issue in question. In this regard, the other laws used

to reinforce the already broken law in terms of punishment and penalty execution or other legal

remedies appears to have gained some legal clout. Depending on the context of law-breaking,

there is a third way laws can operate after being broken. This way involves stimulating processes

geared towards reforming the broken laws.

6.1.2: Living and working together in society

For individuals and groups of people to live and work together in our society, all they

need is to embrace social cohesion. Social cohesion is necessary because it is the focal point in

promoting community wellbeing. With social cohesion, it becomes easy for people and groups to

unmask criminal activities that compromise their welfare. Apart from supporting crime

unmasking, social cohesion is also fundamental to fighting against marginalization and exclusion

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successfully, creating a sense of belonging, and enhancing trust. With these aspects, people can

live in harmony, consolidate social capital effectively, and experience upward mobility.

6.1.3: Dark Ages Period Characteristics

One of the characteristics of the European Dark Ages period is that the political systems

in the ancient civilizations such as the Roman and Greek adopted feudalism, which always

impeded upward social mobility. Armed conflicts called crusades, most of which were on

religious grounds, were also a characteristic of this era. The period was also characterized by

economic and cultural deterioration that purportedly affected Western Europe. The other

characteristic was that there were widespread religious superstitions. On that note, hostile and

crude methods were used in punishing religious activists and criminals who were also perceived

to be wrongdoers. The methods included branding, execution, flogging, mutilation, and

whipping. In the Dark Ages era, crime was neither regarded a private matter because there were

nor trained police officers with the mandate to investigate criminal activities. Publicly owned

slaves served as the police force that controlled prisoners and maintained order. Thus, citizens

could deal with crimes themselves through trial by ordeal or blood feuds.

6.1.4: Crime Treatment Reform

The three countries that effectively transformed the way crimes were dealt with included

Britain, France, and Scotland. In the three countries, the reform of the methods of dealing with

crime was accomplished by petitioning for and implementing professional police services. In

France, these services were characterized by uniformed policemen. In Britain, the policemen

were in the form of paid watchmen hired to guard London’s streets. In Scotland, the police

services were characterized by centralized and professionally organized police force.

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6.1.5: Five important characteristics of how crimes were treated before and during the

Dark Ages period

Harsh torture and austere punishment for crime

Discrimination against the poorer classes when handling crime

Widespread public display of torture

The magnitude of a crime determined the degree of penalty or punishment

Fear of being the next crime victim was predominant because of the severity of

punishment witnessed

6.1.6: Influences of England Expansion on Criminal Punishment

The expansion of England affected criminal punishment by eliminating criminal

executions or death sentences. As early as the 18th century, England’s expansion had

commenced, and at that time capital punishment was on the rise because of increases in capital

crimes. However, criminal punishment reforms began in the 1820s, and in 1823, Britain passed

five laws that exempted approximately one hundred crimes from death sentences. It also swept

away many other capital offenses between 1832 and 1837, after the greatest reform that

commenced in 1833. An attempted to abolish all capital punishment occurred in 1840 but failed.

The entire 19th and 20th centuries were characterized by the abolishment of more and more death

sentences in Britain and elsewhere in Europe.

6.1.7: How the American colonies dealt with criminal punishments

The American colonies were theocratic and autocratic in nature, adopting a patriarchal

justice system. This system encouraged justice execution on the basis of vengeance, which made

it so harsh in terms of punishing criminals. Capital punishment was used even for minor offenses

such as the unpermitted killing of pets and domestic animal, stealing fruits, and carrying out

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commercial transactions with Indians. Death sentences were achieved via crucifixion, burial

alive, drowning at sea, beating and stoning to death, and impalement. Even so, the extent of

strictness with capital punishment varied across the American colonies. For mild punishments,

they were practically and constantly public as this was deemed as a way to humiliate the

offenders and teach them a lesson that would stimulate them to repent and rectify their ways.

Sometimes, some forms of punishments were tailored to fit the criminality.

6.1.8: Three significant characteristics of the abridged history of punishment

The first key characteristic of the abridged history of punishment is that it labels corporal

punishment as something that was meant for slaves. They were not entitled to any rights and

were treated like and thought of as merchandise, implying that punishment on them was

executed in a way that did not inflict permanent damages. The second characteristic is that the

abridged history of punishment reveals that punishments executable was supposed to match the

crime committed. Thirdly, the abridged history of punishment shows that, among all capital

offenses, treason was the primary basis for capital punishment.

6.21 The goals of criminal sentences

The goals of criminal sentences are societal retribution, the prevention of further crimes

through incapacitation, deterring others from doing crimes, rehabilitating the offender and

restoration of the victim or reparation.

6.2.2

It is a philosophy that proposes reduced judicial discretion in sentencing, disregarding the

individual defendant.

6.2.3

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Deterrence theory is a theory that holds that potential offenders will be restrained from

committing offences for fear of punishment. According to this theory criminals are no different

from other law-abiding citizens, since they rationally maximize their own self-interest subject to

constraints. Increasing the certainty, swiftness and severity of punishment will result in the

reduction of crime.

6.2.4

Incapacitation proposes preventing citizens from committing crime through physical

restraint, for instance, through incarceration. It does not consider the assumptions of the

offender’s rationality of the criminal’s behavior. It achieves crime reduction by preventing

further crimes being committed against the society in the duration of the sentence.

6.2.5

Rehabilitation is based on the notion that offenders can be changed through correctional

interventions such as therapy, counselling among other means. Sentences are tailor made to the

individual offender. For instance, a judge might give a sentence of an indeterminate length. And,

a parole board determines when a convict should be released and under what conditions.

6.3.1

Judicial discretion is the power to make official decisions using reason and judgement to

choose from available existing alternatives. Discretionary decisions are made subject to some

kind of review, and may be reversed in the event that discretionary powers are abused. It is a

very broad concept. In Judicial discretion, the rule of law is the basis on which decisions are

made.

6.3.2

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Concurrent sentences are those sentences which are served at the same time while

consecutive sentences are those which are served one after the other. The judge usually

determines what type of sentence an offender is to serve. For instance, a concurrent sentence of

four and five years will be a total of five years while consecutive sentences of four and five years

will be nine years

6.3.3 Plea Agreements

Plea bargains are agreements between defendants and prosecutors where defendants

agree to plead guilty to some charges against them in exchange for some concessions from the

prosecutors. Plea bargains allows the state to save resources, though, they coerce on the

defendant’s right as he waives three rights protected by the Fifth and Sixth Amendments.

6.3.4 Indeterminate Sentencing

Indeterminate sentencing is a sentence for which legislation allows the judge

to impose a minimum and/or maximum term, the actual length of service

depending on the discretion of corrections officials. It usually has the

advantage of allowing custom sentences for individuals. They have been

criticized to be unfair as the sentences are determined on bases which may

be of discriminate nature such as gender, age, sex, race among other

factors. The uncertainty offenders face is also cruel and they show that

parole officers, not the judges are the final authority.

6.3.5 Structured Sentencing

It is a method of sentencing and punishing criminals, based on the severity of the crime

committed and on the extent and gravity of prior criminal record. There are three types of

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punishment: active, intermediate and community punishments. Active punishments require

felons to be incarcerated in the state prison system while intermediate punishment requires a split

sentence- part in prison and part in supervised probation. And a community sentence is like a

basic probation and may include fines, restitution, community service and or substance abuse

treatment.

6.3.6 Determinate sentencing

Determinate sentencing is where there is no chance of parole and the criminal must serve

the entire term of the sentence. They vary from state to state, and judges have resorted to judicial

parole whereby an offender is given a split sentence, serving a mandatory sentence and

supervised probation.

6.3.7 Aggravating factors

Aggravating factors are factors that increase the severity or the culpability of a criminal

act. They include lack of remorse, amount of harm done to the victim, committing a crime in the

presence of a child among others.

6.1.1 Mitigating factors

Mitigating factors are any form of information presented in court regarding the defendant

or the circumstances in which the crime was committed. They may result in a reduced sentence

or lesser charges.

6.1.2 Characteristics of federal presumptive sentencing

This is a situation that arises when the legislature specifies the normal sentence for each

crime, and judges are permitted to deviate only under specified types of circumstances or by

giving written reasons or both.

6.1.3. The Purpose of Truth in Sentencing Laws

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Truth in sentencing is a collection of policy stances on sentencing those convicted of

crimes in the justice system. It aims at providing transparency so that criminals can serve can

serve the terms that they have been sentenced to. It usually cites the public’s right to know as the

guiding factor of formulating policies. It requires those convicted of federal crimes to serve a

substantial portion of their crime, which is at least 85% for the sentenced crime.

6.1.4 Mandatory Sentencing

Mandatory sentencing is giving a sentence according to pre-existing legislation, and in

these cases, judges cannot exercise discretion. They are mostly used for violent and serious

offences.

6.1.5 Three strikes laws

Three strike laws are laws that are enacted by state governments mandating the courts to

provide harsher sentences to offenders if they have been previously convicted of two prior

serious criminal offenders. They are designed to incapacitate those likely to commit crime.

6.1.6 Mandatory Minimum Sentences

Mandatory minimum sentences are laws that require binding prison terms for people

convicted of certain federal and state crimes. It is usually called the one shoe fits-all justice. Most

of these sentences apply to drug offences but The Congress has applied them ti other crimes such

as gun, pornography and economic offences.

6.1.7 Indeterminate Sentencing

Indeterminate sentencing is a sentence for which legislation allows the judge

to impose a minimum and/or maximum term, the actual length of service

depending on the discretion of corrections officials. It usually has the

advantage of allowing custom sentences for individuals. They have been

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criticized to be unfair as the sentences are determined on bases which may

be of discriminate nature such as gender, age, sex, race among other

factors. The uncertainty offenders face is also cruel and they show that

parole officers, not the judges are the final authority.

6.2.1 Capital punishment

Capital punishment is punishing an offence by death. Only 36 Countries actively carry

out the Death Penalty while 103 countries have abolished it de jure and 50 countries have

abolished it de facto. Most people oppose capital punishment due to religious beliefs, due to the

fact that those convicted are later found to be innocent. The popularity of the death penalty has

continued to go down hitting with 63% being in favor of it while 33% oppose it as of 2014

October 2014.

6.2.2The Reasons Pro- death Penalty Supporters

Most people give the reason that they should be tough on crime in order to stop it. They

argue further that those who have committed crime should face punishment. For instance, those

who have committed murder should face the same punishment. They also cite this as the ultimate

punishment and warning.

6.2.4. Unfair Administration Argument

Studies have documented cases in which individuals were wrongly convicted and thus

executed in error. However, a problem arises that it is impossible to be entirely certain that a

person is truly guilty

6.2.5 It does not deter crime argument

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It does not deter crime argument argues that the death penalty does not lead to the

decrease in crime rates.

6.2.6 Financially Costly

The cost of appeals and maintenance of a person on death row is higher than the cost of

maintaining a prisoner sentenced to life imprisonment—approximately $3 million.

6.2.7 Innocence of Mistakes Fact

Studies have documented cases in which individuals were wrongly convicted and thus

executed in error.

Aggravating factors

These are the factors that increase the severity and culpability of a criminal act. They

include lack of remorse, amount of harm done to the victim, commiting a crime in the presence

of a child among others.

Alternative Sanctions

Alternative sanctions utilize the nontraditional sentence in lieu of imprisonment and

fines. Examples of alternative sanctions are community service, home detention, day reporting,

drug treatment and victim offender programming

Concurrent Sentence

This is when a criminal defendant is convicted of two or more crimes and the sentences

may be all served at the same time.

Consecutive Sentence

The defendant has to complete the sentence of one charge and also serve the sentence of

other charges.

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Determinate Sentence

This is where there is no chance of parole and the criminal must serve the entire term of

the sentence. They vary from state to state, and judges have resorted to judicial parole whereby

an offender is given a split sentence, serving a mandatory sentence and supervised probation.

Dark ages

This was a period of time when historians know very little since there was very little

written about it.

Deterrence

Deterrence is the use of a punishment as a threat to restrain people from committing

crime

General Deterrence

General Deterrence is inducing others tempted to do crime not to do it.

Good Time

Good time refers to time deducted from a prisoner’s sentence due to good behavior.

7.1 Evolution of corrections

By the end of the sixteenth century England and Holland replaced other forms of

punishment with workhouses. Inmates labored during the day and engaged in squalor during the

night. Provisions were paid for in these prisons and diseases spread quickly.

The conditions of incarceration facilities drew the attention of Enlightenment thinkers.

Two particular writers Beccaria and James Howard made a huge impact in the improvement of

prison conditions. Howard’s work was influential in the passing of the Penitentiary Act of 1979

which improved prison conditions.

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Under British rule, the penitentiary followed the Anglican penal system of labor and

corporal punishment. There was a shortage of cells meaning convicts were in and out of solitary

confinement. Pennsylvania led in reforms with a construction of Eastern Penitentiary in 1829. It

attracted fame and recognition and many people imitated it abroad.

Reform minded agencies reformed the prison system emphasizing on training in a

military environment. The first was in New York in 1876. They offered parole based on a score

of good behavior. These institutions however, known as reformatories never reached the

expectation they promised.

7.1.2

7.1.3 The Rise of the Penitentiary

Under British rule, the penitentiary followed the Anglican penal system of labor and

corporal punishment. There was a shortage of cells meaning convicts were in and out of solitary

confinement. Pennsylvania led in reforms with a construction of Eastern Penitentiary in 1829. It

attracted fame and recognition and many people imitated it abroad.

7.1.4 Reformatories

They were institutions that emphasized education and vocational training in a military

environment. They adopted indeterminate sentences and a grading system based on marks, which

determined when an inmate would be released on parole. The first one was built in Elmira New

York. They were seen as lesser jails and their indeterminate sentencing model offered longer

sentences.

7.1.5 20th Century Prisons

There are separate provisions for younger people where there is a strong moral

background physical and technical training, there have been open prisons. There is a

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comprehensive system for punishment. In 1993 the Prison’s service became an agency of the

government. Prisoners nowadays have been privatized.

7.2.1 Characteristics of Custody

Prisons are classified as maximum, medium and minimum security prisons. They are

usually highly fortified. They are run by strict rules, hierarchical in nature. Inmates are also

classified to ensure the smooth functioning of correctional institutions.

7.2.2 Scope Size and Structure of Custody

By the end of 2008 Federal and State prisons held 2,304,115 inmates that is 1 in 133

residents. With very few exceptions, all personnel working in U.S. corrections have attended

certified training academies of varying lengths and curricula. Correctional officers make up the

bulk of these personnel

While correctional systems in the United States often struggle with issues of

overcrowding, insufficient human and financial resources, and incidents of violence and other

abuse, there are oversight and enforcement mechanisms in the United States, including the

Department of Justice, which help ensure that U.S. correctional systems are operated in

conformity with the U. S. Constitution, statutes, and regulations.

Each U.S. state has its own correctional system. A few state systems operate jails,

prisons, probation, and parole. Most state systems, however, are not combined operations and

only manage prisons. Jails in the United States are usually operated by municipal and county

governments, and most probation departments are attached to the courts.

7.2.3 Federal Bureau of Prisons

The Federal Bureau of Prisons (BOP) is an agency within the Department of Justice

responsible for administration of the federal prison system. Bureau of Prisons (BOP) consists of

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119 prisons, six regional offices, a headquarters, two staff training centers, and 22 residential

reentry management offices (formerly known as community corrections offices). The regional

offices and the headquarters are responsible for overseeing and providing support to the prisons

and residential reentry management offices. The latter then oversees residential reentry centers

and home confinement programs. The BOP is also responsible for the care and custody of nearly

219,000 federal inmates; 79% of these inmates are currently staying in correctional facilities or

detention centers. The remaining 21% are staying in private prisons, community facilities or

local jails.

7.2.4

Jails are usually run by sheriffs and/or local governments and are designed to hold

individuals awaiting disposition of their case, waiting for transport to a state prison system

following conviction, or serving time after a misdemeanor. State prisons are operated by the state

where the person was convicted of a felony. Federal prisons are operated by the Federal Bureau

of Prisons (BOP) and are designed to hold individuals convicted of federal crimes, such as tax

evasion, bank robbery, or kidnapping, among others.

Jails operate work release programs, boot camps, and other specialized services. They try

to address educational needs, substance abuse needs, and vocational needs while managing

inmate behavior while State prison systems operate halfway houses, work release centers, and

community restitution centers — all considered medium or minimum custody. Inmates assigned

to such facilities are usually reaching the end of their sentence.

7.2.5 Characteristics of Prison Life

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There is the deprivation of rights and freedoms, there is deprivation of goods and

services. Then, there is the restriction of heterosexual relations. Furthermore there is also

deprivation of personal autonomy due to the planned schedules for inmates.

7.2.6 Rights of inmates

Inmates have the right to be free from sexual crimes, including sexual harassment.

Disabled prisoners are entitled to assert their rights under the Americans with Disabilities Act to

ensure that they are allowed access to prison programs or facilities that they are qualified and

able to participate in. Inmates are entitled to medical care and attention as needed to treat both

short-term conditions and long-term illnesses. The medical care provided must be "adequate."

Inmates have the right to be free from racial segregation in prisons, except where necessary for

preserving discipline and prison security. Inmates are entitled to a hearing if they are to be

moved to a mental health facility. However, an inmate is not always entitled to a hearing if he or

she is being moved between two similar facilities. A mentally ill inmate is not entitled to a full-

blown hearing before the government may force him or her to take anti-psychotic drugs against

his or her will. It is sufficient if there is an administrative hearing before independent medical

professionals.

7.2.7 Incarceration

Incarceration to some extent, does increase crime. However all crime reduction is not due

to incarceration. For example, while the U.S. experienced a dramatic drop in crime between 1992

and 1997, imprisonment was responsible for just 25 percent of that reduction. Seventy-five

percent of the crime drop through the 1990s was attributable to factors other than incarceration

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The Auburn system is a penal method of the 19th century in which persons worked

during the day in groups and were kept in solitary confinement at night, with enforced silence at

all times.

Direct Supervision is a philosophy of behavior management supported by physical

surroundings.

Indirect supervision means that an authority figure is present but possibly not seen or

heard

Indeterminate sentencing is a sentence for which legislation allows the

judge to impose a minimum and/or maximum term, the actual length of

service depending on the discretion of corrections officials.

Inmate code refers to the rules and values that have developed among prisoners inside

prisons' social systems

Prisonization is the process of accepting the culture and social life of prison society.

Recidivism rate refers to the rate in which a person relapses into criminal behavior

Selective Incapacitation refers to depriving offenders of the capacity to commit crimes, usually

through detention in prison or capital punishment

A total institution is a place of work and residence where a great number of similarly situated

people, cut off from the wider community for a considerable time, together lead an enclosed, formally

administered round of life.

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Walnut Street Jail, named after the Philadelphia, Pennsylvania Street on which it was located.