AM
CJBS 300 QUIZ 3
Terms in this set (9)
seeks to reduce crime by keeping offenders off the streets, without trying
to deter or rehabilitate them.
SELECTIVE INCAPACITATION- is designed to lock up only the few high-rate
offenders or career criminals.
Types of Incapacitation
GROSS INCAPACITATION- involves locking up large numbers of offenders
regardless of their criminal histories.
1973 New York law(Rockefeller Drug Law) was designed to incapacitate and
deter future use of drugs through mandatory and long prison terms,
restrictions on plea bargaining.
Three categories of offenders were major, middle-level and minor dealers.
The law attempted to prevent the abuse of plea bargaining.
Enormous slippage or leakage occurred between arrest and conviction
Drug Law that actually resulted in decreased indictment and conviction rates.
The Law did not completely fail in its objectives, for those convicted, the rate
of incarceration increased, however almost half evaded mandatory sentencing
provisions.
The real impact of the rockefeller drug law was its role as a model for
harsh sentencing laws across the country over the next four decades led
to mass incarceration.
The impact of the Rockefeller Drug Law During the past four years, there has been a change in public sentiment, there
were fourty one changes in policies in 24 states in the year 2012.
In one public opinion survey, 87% of respondents felt the insanity defense was
a loophole and 40% called it a rich persons defense.
The conservative response is to close the loophole and there are six ways to
do so, abolish the insanity defense, change the test of insanity, shift the
burden of proof to the defendant, create new guilty but mentally ill verdict,
revise the trial procedure for raising an insanity plea, changing the procedures
for committing a person found not guilty.
Insanity Defense The insanity defense is very rarely used successfully (less than 1% of all
indictments).
Therefore, closing the loophole would not impact crime and it wouldn't impact
CJBS 300 QUIZ 3
Conservatives believe that is a major loophole through which criminals beat
the system and avoid punishment.
Liberals, meanwhile, believe that is the source of grave injustices, a hidden
and unregulated process by which prosecutors offering better deals to some
types of defendants than others.
95 percent of all convictions in large urban courts were obtained through a
Plea Bargaining
guilty plea.
plea bargaining makes a mockery of justice. defendants routinely plea to a
crime that is not the one they were originally charged with.
robbery and burglary since the defense is most often raised in murder
cases.