Civics 6.8

Civics 6.8

Open Ended

If you could revise the court system, what things would you change? Why or why not?

Addressing Criminal Behavior/ Anti-Social Behavior

• society has set procedures for dealing with criminal behavior

• 1) retribution - punishing the person for a crime

• 2) deterrence - preventing a person for committing a crime

• 3) rehabilitation - transforming the criminal

Open Ended

Of the three (retribution, rehabilitation, and deterrence), which one would you increase/advocate for in the criminal justice system and why?

Recidivism

• rate at which criminal behavior is repeated by the same people

• Statistics show that if convicted of one crime, high rate for reoffending

• both supporters of retribution and rehabilitation use recidivism as support for their proposals

Open Ended

Before you supported either retribution, rehabilitation, or deterrence, how does recidivism support your point/reforms?

Retribution for less serious crimes

• Monetary compensation - paying $

• 1) Restitution - $ or property a person gained as a result of their crime must be given up

• ex. shoplifting

Retribution for less serious crimes

• 2) Compensation - defendant is ordered to pay for another's loss as a result of their crime

• ex. paying for the health bills of another injured in a car wreck you caused

Retribution for less serious crimes

• 3) Community Service - form of retribution given to convicted individuals of a less serious crime where they serve a set number of hours working for a charity in the community

Retribution for less serious crimes

• 4) Probation - convicted person serves either supervised or unsupervised time with set conditions outside of prison

• for less serious crimes

• allows individual to fit back into society with the help of a probation officer

• considered time being served

Multiple Choice

Brenda is released from jail after serving three months for writing bad checks. Over the next five years, Brenda is arrested eight more times for the same crime. What are Brenda's actions an example of?

• restitution

• probation violations

• juvenile offenses

• criminal recidivism,

Retribution for serious crimes

• felonies and more serious misdemeanors often involve some form of detention (restriction of a person's liberty - length of time varies by location for questioning to jail or prison)

• 1) house arrests - 24 hr/day when a convicted person is confined to their home and or designated area - monitored electronically

Multiple Choice

How long is a jail sentence?

• less than 12 months

• more than a year

Multiple Choice

How long is a prison sentences?

• less than 12 months

• more than a year

Retribution for serious crimes

• 2) incarceration - convicted criminal sentenced to time in a prison facility

• long term - more than a year

• 3) prison - sentence longer than a year

• 4) jail - sentence less than a year, more local

Multiple Choice

Is long term incarceration prison or jail?

• Prison

• Jail

Retribution for serious crimes

• 5) Parole - prisoner is released early but still serving sentence - approved by a parole board

• if you serve 10 years of 20 year sentence in prison, on parole you will serve last 10

• if parole is violated, then return to prison

Retribution for serious crimes

• 6) confiscation of property - state takes a person's home or other property as punishment for criminal behavior

• ex. those convicted of tax evasion may have home or property seized and sold with the profits going to pay their tax debt

Retribution for serious crimes

• most serious form of retribution is capital punishment

• 7) death penalty - an individual is sentenced to death for their crime(s)

• in NC, it is reserved for premeditated murder

• many states and NC use lethal injection

Open Ended

What are some arguments for and against the death penalty?

Addressing Juvenile Offenses

• age changes from state to state but usually 15 to 19

• can be tried as an adult if a serious crime is committed

• can be sentenced to pay fines, monetary compensation, community service, probation, etc.

Addressing Juvenile Offenses

• serve time/sentence in a juvenile detention center rather than prison or jail

• boot camps - alternative to juvenile detention centers, military style

• schools more active in preventing anti-social behavior and can suspend students long term for actions committed at school or on school property i.e. laptop

Open Ended

Studies have found that many states are now having juvenile offenders pay fines instead of any other punishment? Do you agree with this? Should something else be used as punishment? Why or why not?

Mental Illness in the Criminal Courts

• criminal activity is not always due to intent but mental illness

• most states allow for a plea of "not guilty by reason of insanity"

• must prove mental illness and if convicted will serve time in a mental institution where they will receive help to recover

• ex. John Hinckley served time in a mental institution after attempting to assassinate Reagan

Multiple Choice

Paul believes that crime would decrease if the government would just impose tougher laws. He believes that anyone convicted of murder should automatically get the death penalty. He also thinks that other crimes should carry longer sentences with fewer chances for parole. Paul is a proponent of what?

• restitutiion

• compensation

• retribution

• rehabilitation