Deck 5: The Poverty of the Justice Model: The Corruption of Benevolence Revisited

Question 1

Critical of the rehabilitative philosophy, liberals offered the __________ model as an alternative correctional paradigm, arguing that such a model will achieve greater equality and less inhumanity in the administration of justice. Cullen and Gilbert argue, however, that this model might be a "beautiful theory" that turns into an "ugly practice."

A) reformative
B) justice
C) crime control
D) "get tough"

Answer 1

justice

Question 2

On one hand, __________ see longer sentences as a way to reduce the payoff from crime by stiffening criminal penalties. On the other hand, __________ see fixed sentencing as a way to limit the use of incarceration.

A) conservatives; liberals
B) correctional administrators; scholars
C) liberals; conservatives
D) scholars; correctional administrators

Answer 2

conservatives; liberals

Question 3

In general, research shows that legislation proposing determinate sentences, mandatory incarceration, and the like have __________ the current level of severity in penal sentencing.

A) aggravated
B) complicated
C) mitigated
D) not changed

Answer 3

aggravated

Question 4

Which of the following is not one of the major difficulties surrounding the justice model outlined in Chapter 5?

A) Longer sentences create the potential for repression
B) Sentencing disparity and the expansion of prosecutorial power
C) Undereducated correctional administrators
D) Deteriorating prison conditions

Question 5

Gallup polls and similar surveys indicate that citizens are more likely to vote for candidates who advocate for __________ sentences for lawbreakers.

A) more lenient
B) tougher
C) rational
D) less expensive

Question 6

One of the criticisms of a philosophy built on just deserts and determinant sentencing is that it does not identify non-penal measures as effective. For example, __________ would be seen as letting criminals off easily without really punishing them under this type of correctional system.

A) retribution
B) incapacitation
C) parole
D) community sanctions

Question 7

Liberals assert that due to social bias, political pressures, custodial considerations, and lack of knowledge, __________ has been abused and has resulted in gross inequities in punishment; thus, there has been "law without order."

A) rehabilitation
B) incarceration
C) discretion
D) flexibility

Question 8

According to Cullen and Gilbert, due to rigidity in sentencing under the justice model, which of the following situations is most likely to occur?

A) Dissimilar crimes will receive similar punishments
B) Justice will be individualized
C) Human values, such as mercy, will finally be recognized
D) All crimes will receive the same punishment

Question 9

Which of the following best describes past attempts at fixed sentencing?

A) Fixed sentences have been successful at controlling crime and have deterred thousands of offenders
B) Fixed sentences have not changed how the criminal justice system works-they have been neither effective nor ineffective
C) Fixed sentences have failed to contribute to crime control and have been resisted and evaded by court personnel
D) Fixed sentences have been successful at controlling crime and are followed closely by court personnel

Question 10

Liberal reformers have argued that determinant sentencing will allow for greater equality before the law, particularly for the disadvantaged. However, it has been reported that in any given jurisdiction only ___________ percent of the sentences involve real departure from court norms.

A) 1-2
B) 30-40
C) 70-80
D) 7-10

Question 11

While legislatively fixed terms eliminate discretion by dismantling parole boards and constraining judicial sentencing, they leave the discretion of __________ untouched and, most significantly, unreviewable by any personnel at a later stage in the legal process.

A) public defenders
B) prosecutors
C) prison personnel
D) police officers

Question 12

The movement toward fixed sentencing also affects institutional differences in the amount of good time revoked. Under such a sentencing scheme, when a day of good time is subtracted, it means that an inmate will actually spend an extra day in prison. A general consequence of determinacy, then, is that __________ in effect acquire sentencing powers.

A) public defenders
B) prosecutors
C) prison personnel
D) police officers

Question 13

Which of the following is not true regarding a rehabilitation model?

A) All offenders should participate in programming, regardless of if the treatment is related to their needs
B) Programs should be backed by sufficient empirical evidence
C) To be effective, programs need adequate funding and program integrity
D) Prison personnel running programs should be adequately trained and qualified

Question 14

Which of the following is most likely to be expected from the implementation of a more punitive policy in prisons?

A) Inmates are more likely to volunteer for treatment services
B) Prisons are more likely to be calm because inmates will be deterred from acting out
C) Prisons are more likely to be turbulent and restless, and inmates are more likely to riot and revolt
D) The guiding correctional philosophy does not have the power to effect the prison environment and culture

Question 15

Indeterminate sentences used to be a way to effectively obtain control within the institution because prison personnel could threaten the inmates with a "behave or you don't get out"?type ultimatum. What did liberals propose would replace this type of threat under a fixed sentencing?type scheme?

A) Abolishment of the parole board
B) Good time
C) Rigidity in sentencing
D) Voluntary rehabilitation programs

Question 16

All of the following are reasons why the movement toward determinacy in sentencing contributes to the crisis of overcrowding except:

A) Lengthy fixed terms create an increasing pool of mostly youthful offenders who are facing prolonged sentences with no prospect of release
B) Determinant sentencing leads to the increased usage of incarceration as a sanction, in general, and to expanded stays behind bars
C) Parole boards are no longer in place to keep the inmate populace at an organizationally manageable level
D) Prison growth is solely related to violent offenders

Question 17

While contrary to what liberal proponents of the justice model might say, evidence shows that in general, inmates are __________ rehabilitation programs in prison.

A) unsupportive of
B) skeptical of
C) supportive of
D) unwilling to participate in

Question 18

It is the fundamental premise of conservative theorizing that abandoning rehabilitation in favor of fixed-term sentencing will eventuate in greater social protection by __________.

A) increasing the deterrent and incapacitative powers of the criminal law
B) decreasing the deterrent and incapacitative powers of the criminal law
C) decreasing the certainty and severity of punishment
D) decreasing the attention we pay to the victims of crimes

Question 19

Empirical research shows that the relationship between crime rate and incarceration is ___________.

A) significantly related
B) unrelated
C) spurious
D) uncertain

Question 20

Our ability to predict who will be the dangerous recidivist is so inexact that it would be necessary to imprison many other offenders who share similar characteristics with the real predators but would not actually become involved in serious crimes in the future. This would be called a ___________.

A) false positive
B) false negative
C) true negative
D) true positive

Question 21

Cullen and Gilbert identify several factors that may operate to minimize the coercive potential of determinate sentencing. Briefly identify and explain at least one of these factors and why it could potentially be ineffective at minimizing the coercive nature of determinate sentencing.

Question 22

Briefly explain why the "just deserts" paradigm abandons the humanistic spirit inherent in the traditional liberal approach to correctional treatment.

Question 23

Explain why it might be difficult to develop a scale of penalties based solely on the seriousness of the crime. That is, why is a determinant sentencing scheme, based solely on the crime itself rather than the individual offender, more difficult to put in place than first appears on the surface?

Question 24

A fixed and rigid sentencing scheme eliminates judges' discretion and thus factors about the offender that might be important in sentencing that individual. Briefly explain why individual or background factors would be important in sentencing an offender. That is, how would these factors play into someone's criminal sentence?

Question 25

Liberals have argued that determinant sentencing will allow for greater equality before the law, particularly for the disadvantaged. However, Cullen and Gilbert note that fixed sentences are designed to deal only with one segment of the criminal population; therefore equality is not achieved. Briefly explain how class and race appear to have an impact on the kinds of law and decisions politicians make.

Question 26

Another limitation of a fixed-sentencing scheme is that it aims only at improving the consistency of punishment within single state boundaries. Why is this a significant limitation of the sentencing philosophy?

Question 27

Explain how the addition and/or revocation of good time is affected by the abolishment of parole boards.

Question 28

Besides the issue of recidivism, questions have been raised as to whether rehabilitation works in ways that improve the quality of an offender's life. Identify at least three "quality of life" areas that rehabilitation programs have the potential to effect or change for an inmate.

Question 29

Explain why good time under a determinant sentencing scheme would lead to inmate resentment and disorder.

Question 30

Proposals have been made by conservatives to mandate lengthy determinate sentences exclusively for the small group of predatory criminals who are responsible for a large proportion of the serious crime rate. According to the text, what is the problem with this solution?

Question 31

According to the text, one of the most disturbing aspects of a fixed-sentencing reform movement is that it seeks to dismantle parole boards. Discuss in detail the role of parole boards and how their abolishment leads to important implications and policy changes for the criminal justice system. Further, discuss how such a sentencing scheme threatens to upset the checks and balances built into the system.

Question 32

Cullen and Gilbert discuss four issues that pertain to the deterioration of prison conditions and the effectiveness of a determinate sentencing scheme. Identify and discuss these issues in detail.

Question 33

One of the issues outlined in Chapter 5 is whether punishment is really better than rehabilitation. Discuss this idea in general as it pertains to the liberal justice model, and then discuss it in terms of whether you agree or disagree that a harsher sentencing scheme is better than one based on reformation and treatment. In your answer, discuss pros and cons of a model based on harsher punishment, but decide ultimately what type of correctional system is better and for what reasons.