50. Traditional Justice (retributive and rehabilitative) Restorative Justice Victims are peripheral to the process Victims are central to the process The focus is on punishing or on treating the offender The focus is on repairing the harm between an offender and victim, and perhaps also an offender and a wider community The community is represented by the state Community members or organizations take a more active role The process is characterized by adversarial relationships among the parties The process is characterized by dialogue and negotiation among parties
107. Figure 1.1 Mala in Se and Mala Prohibita Crimes as Subsets of all Harms All Harms |the criminal Mostly private matters; |justice system rare state intervention | All Social Harms State regulated but Harms outside not by criminal law the purview of All Crimes Low/moderate consensus, Mala in se and low/moderate penalties mala prohibita low to moderate harm Core Offenses High consensus, Mala in se severe penalties, high level of harm
128. Use of Force No force Officer uses typical verbal commands Slight force Officer uses strong directive language and/or minimal physical force to encourage compliance Forcibly subdued suspects with hands Officer uses an arm/wrist lock, takedown, block, punch, or kick Forcibly subdued suspect using methods other than hands , e.g., gun or baton
134. Punishment For a behavior to be considered a crime, there must be statutory provisions for punishment or at least the threat of punishment. Without the threat of punishment, a law is unenforceable and is therefore not a criminal law.
136. Crime simply… A crime or public offense is an act committed or omitted in violation of a law forbidding or commanding it.
187. Victimization: Percent of Offences by Type of Crime, Seven Countries, 2000 Percent of offences Note: Contact crimes include robberies, sexual incidents, and assaults and threats. Horizontal lines indicate international average for each type of crime for all 17 countries in the survey. Thirty-eight percent of the population of all 17 countries were victimized in the year preceding the survey. Percent of population victimized by all crimes
214. Criminal Statistics: Death Penalty How many people have been executed since 1608? (19,500) How many people have been executed this year? (48) How many executions have taken place since the death penalty was reinstated in 1976? (731) How many states have death penalty statutes? (38) Which states do not permit the death penalty? Alaska, Hawaii, Iowa, Maine, Massachusetts, Michigan, Minnesota, North Dakota, Rhode Island, Vermont, West Virginia, Wisconsin, and the District of Columbia What percentage of defendants executed since 1976 were white? (45%) What percentage of defendants executed were convicted of killing a white victim? (81%) Which two states can claim credit for more than 40% of all executions since 1976? (Texas and Virginia) Do states still execute inmates either by hanging or with a firing squad? Delaware, Montana, and New Hampshire (H); Idaho, Oklahoma, Utah (FS)
218. Goals of Punishment Retribution Deterrence Incapacitation Rehabilitation Proportional Penalty - Offense Determinative Deserved Penalty - Harm Determinative Expressive Penalty - Message Determinative Individualized Sentences Offender Culpability - Offense Offender Change - Intervention Crime Rates - Fear of Consequences Power of Deterrence - Swift, Certain***, Sufficiently Severe, Laws Known to Public Types: General and Specific (or Special) Collective Incapacitation Selective Incapacitation Restorative Justice Repairing the harm between Offender and victim
233. 06/10/09 Note: Evolutionary forces lead to species-specific genomes. Each person has a fairly unique genotype. These genotypes lead to differential central and peripheral nervous system (CNS and PNS) functioning. This functioning is modified by the person's developmental history. Working together, the person's temperament and developmental history forms his or her personality. This personality may often lead the person to different situations and lead him or her to appraise it different from other persons. The behavior elicited from that appraisal is thus the result of everything that preceded it, plus pure chance. Figure 1.2 The Ultimate-Proximate Levels of Explanation ___________________________________________________________________ Evolution Genetics Temperament Developmental History Personality Evolutionary Each person's CNS and PNS Family factors, attachment, Enduring traits history of the genetic inheritance functioning school, peers, etc. experiences of person forged species from genes and experience Immediate Situation Subjective Appraisal Behavior Each person brings to a People react differently situation everything he or she to similar situations has become due to the because they have preceding factors different genes and different experiences Figure 1.2 The Ultimate-Proximate Levels of Explanation
234. 06/10/09 Figure 1.3 Interaction of Environmental and Individual Factors in the Probability of Moving from Law Abiding to Law Breaking Behavior Note: Angled lines each represent a hypothetical individual. Person A has a low underlying criminal disposition and thus requires strong environmental instigation to cross the threshold from law abiding to law breaking behavior. Person B has a strong underlying criminal disposition and will cross the threshold even under extremely low environmental instigation. (From A. Walsh, 2003. Reprinted with permission from Nova Science)