Exam 11: The Ethics of Punishment and Corrections

A new supermarket is being built. The county has required the owner to designate at least eight handicap parking spaces. The county installed a sign in front of each space to indicate that it is reserved for vehicles with a proper sticker. The sign also announces a $250 fine for violators. The intention behind the sign is to announce to the community at large that there will be a stiff penalty to pay for violating the rule. The belief is that drivers who risk a small fine by parking illegally elsewhere, such as against the curb, will not risk the large fine for parking illegally in the handicap spaces. This point of view is known as:

Criticism of supermax prisons include each of the following except:

___________________ is a slang term used to describe an officer who is sympathetic toward inmates.

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first- degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office. As you consider your options, the court-appointed psychiatrist calls and tells you that he has examined the defendant and finds him to be severely developmentally challenged. The psychiatrist estimates the defendant's IQ to be in the 60s and recommends that you seek his school or medical records to find more information. You decide that, given this information, an attempt to seek the death penalty would not be legally supported, based on the ________________ decision.

Which form of prevention is aimed at the offender and not the overall community?

You have been asked to write a brief for the Supreme Court. The case that is being decided is momentous: should the death penalty be considered cruel and unusual punishment? Your brief should include an analysis of previous Supreme Court decisions related to the Eighth Amendment, and express a distinct ethical framework.

You are a prosecutor preparing a case. The facts of the case support a charge of either capital murder or first- degree murder, but you are not sure how you feel about the morality of the death penalty. You have asked for opinions from other prosecutors in your office. Later, Ted comes by and also argues in favor of seeking the death penalty. His point is that other would-be murderers in the community need to see that they face the ultimate penalty for committing murder. He presents you with research that supports the idea that the death penalty deters crime. He says "I can see why you're not crazy about the idea of putting someone to death-that's a terrible thing. But it's best for the whole community if it sends a message that prevents other murders." Ted's argument is based on:

The correctional officer subculture has the same attitude about "ratting" as the inmates they monitor.

What are the two types of deterrence?

In Washington v. Harper , the U.S. Supreme Court ruled that

The question of whether businesses should be able to profit from prisons is one of the more polarizing issues within the corrections community. You are the mayor of a city on the eastern seaboard, which has a budgetary shortfall, and overcrowded jails. There is a bill that is about to come to your desk which proposes two solutions: that inmates in jails pay a daily fee, and one allowing a private company to take over an entire diversion program in exchange for "administrative fees" paid to the city. Write a speech detailing the problems with this approach, which also indicates an understanding for its rationale.

Compare and contrast the two types of shaming described by Braithwaite, and suggest a crime that would be appropriately punished by each type.

The _____________________, or habitual offender laws, call for harsher sentences and are justified by the prediction that previous offenders will commit future crimes.

The Supreme Court has upheld the use of three-strikes laws.

Death penalty retentionists and abolitionists both use each of the following to support their position except:

What system of ethics supports a retributive view of punishment?

"Penal harm" refers to the idea that the system:

The police subculture has been studied more extensively than the subculture of probation and parole officers. You are considering making a career transition from police officer to probation officer. What will be different about the subculture of your new job? What will remain the same? Discuss in detail.

Define punishment and then discuss the major rationales of punishment.

Emile Durkheim believed that criminals actually provide value to the community by: