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

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

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The addition and revocation of good time can be affected by the abolishment of parole boards in a few ways.

First, without parole boards, the decision to grant or revoke good time may fall solely on the discretion of prison administrators or judges. This could lead to inconsistencies in the application of good time, as different administrators or judges may have varying interpretations of what constitutes good behavior and therefore eligibility for good time.

Additionally, the abolishment of parole boards may also impact the availability of programs and resources aimed at rehabilitation and behavior modification within the prison system. Parole boards often play a role in evaluating an inmate's participation in such programs and their progress towards rehabilitation, which can influence the decision to grant or revoke good time. Without parole boards, the oversight and evaluation of these programs may be diminished, potentially impacting the availability of good time for inmates.

Overall, the abolishment of parole boards could lead to a more centralized and potentially less transparent process for the addition and revocation of good time, with potential implications for the fairness and effectiveness of the system.

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

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

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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."

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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?

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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?

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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.

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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?

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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.

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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.

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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.

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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.

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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?

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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.

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

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

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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.

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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.

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

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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 ___________.

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