Exam 11: The Ethics of Punishment and Corrections

The retributive rationale postulates that

The ___________________ defined by von Hirsch stated that the punishment of the individual should be purely retributive and balanced to the seriousness of the crime.

____________________ basic rationale for punishment provides that the utility of punishment to society (by deterring crime)outweighs the negative of the punishment itself.

Stigmatizing shaming is:

A sexual predator is nearing completion of his sentence. He has indicated that he is consumed by compulsions that he is not able to resist. Correctional officials are convinced that he will re-offend upon being released. They decide to seek an order committing the offender to a secure treatment facility at the completion of his sentence. Even though the offender does not wish to be confined, the judge agrees that this is the best course of action, for both the community and the offender. Which of the following ethical systems does not support this decision?

In 2010, the Fair Sentencing Act was passed to reduce the disparity between federal sentencing rules for crack and powder cocaine, reducing the disparity from 100:1 to 18:1. The bill did not apply retroactively, thus, thousands in federal prisons were incarcerated only because they were sentenced before 2010 and would have received much shorter sentences if sentenced under the new law. You are senator in a state has overcrowded prisons, many of whom have been in prison for decades based on crack cocaine violations. How will you convince your constituents (and governor)to grant these prisoners clemency?

A positive retribution

The ______ Amendment protects against cruel and unusual punishment.

The Supreme Court case which defined "treatment" of offenders is:

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. Ethically, it seems as though the punishment is well out of proportion for the transgression. However, it seems as though it is worth the harm done to a few rule breakers if the punishment prevents others from parking there. In other words, the "good" to the general community outweighs the harm of the severe individual penalty. The philosophy that supports this is:

Support or criticize the use of private corrections and give your reasons.

The next offender to come before you is a doctor who has been found guilty of writing fraudulent prescriptions. Part of his sentence will be a loss of his medical license for one year. Because you intend for his loss of license to mean he will be prevented from committing this same crime again, at least for a year, your sentence is an attempt at:

When did the "just desserts" model regain favor in the United States?

Determinate sentencing is consistent with the just deserts model of justice.

Which would be defended by an incapacitative rationale, according to the text?

Explain the controversial issues surrounding the use of supermax prisons.

In _____________, the Supreme Court held that executing juvenile offenders would be cruel and unusual and would violate the Eighth Amendment.

The concept of "ecology of cruelty" can be seen in effect in __________ prisons.

The death penalty is an example of _______ deterrence.

The term __________________refers to anything used to induce behavioral change with the goal to eliminate dysfunctional or deviant behavior and to encourage productive and normal behavior patterns.