Reference no: EM131138666 , Length: 6431 Words

Do any 2 Part 

Part A-

1. How do learning and socialization affect the worldview (the lens) through which a person sees and approaches the world? How does a person's socialization affect their behavior?

2. What is rational choice and how does a desired outcome and learned behavior/socialization work together to affect a person's choice in any situation?

3. Where do the elements of "intent" and "mental capacity" come from? Why do we default in favor of the idea that all humans over a certain age have the mental capacity to form intent?

4. From a legal perspective what is the difference in "mentally ill" "mentally challenged" and "competent or incompetent to stand trial"? How does mental status affect processing and punishment?

5. Historically, what were the different reasons (theories) for imposing punishment on an offender? Why do we punish in the United States and when are we permitted to punish? Upon what theory do we rely in the United States and why? Does our justification work to deter crime?

6. The 8th Amendment is one of the Enlightenment influences on processing and punishment in the United States. What protections does the 8th amendment offer with respect to sentencing? How do the 5th and 8th amendments work together to prohibit multiple punishments for the same crime?

Part B-

1. How do capitalism and the need for the "poor" and "working poor" influence social policy, criminal justice policy, criminal laws and sentencing structures in the United States?

2. How do habitual offender statutes that justify long prison sentences, even life sentences, assist capitalism by keeping certain offenders out of the "job pool."

3. How do background checks and security clearance requirements keep certain offenders out of certain positions and minimize their employability upon release?

4. Why do policies (law and others) and practices in the criminal justice system and corrections system that we know "Don't work" persist? Why do we not mandate a cost vs. benefit analysis of all polices that use tax revenues?

5. How does a "flawed fundamental assumption" of a policy or program that becomes law impact the effectiveness of a program and makes it "not work." Think "three strikes" but think of other programs as well. Any non-working example is a great one to use.

6. How can socialization while in prison effect an offender who serves a long sentence and is then returned to society?

Part C-

1. What role does socioeconomics play in processing, plea bargaining, sentencing and appeals in the administration of justice in the United States? What role does socioeconomics play in the disparate outcomes that are evident in the corrections system?

2. What is a pre-sentencing investigation report and how does the use of that report affect an offender's eligibility for bail (pretrial release vs pretrial detention), a pretrial diversion program, and sentencing and/or probation? How does socioeconomics effect what is in the report?

3. How do death penalty offenders, "long timers" and an aging prison population effect the corrections system?

4. Compare and contrast a consecutive sentence vs. a concurrent sentence. How does the imposition of consecutive sentences effect the length of time an offender will serve? How does the practice of imposing consecutive sentences burden the corrections system?

5. Compare and contrast indeterminate sentences v. determinate sentences. How do mandatory minimum sentences and habitual offender statutes (3 strikes laws) effect sentencing structures?

6. What are "good time" credits? How do the use of good time credits and "voluntary" prison programs aimed at rehabilitation help the corrections system to reduce the length of time an offender serves? What are the other benefits of this practice for the system? What are the cons of using such a system?

7. What is truth in sentencing? How does it differ from indeterminate sentencing and determinate sentencing? What expenses does it appear this sentencing structure would eliminate in the United States justice system? What are the realities of this sentencing structure?

8. The classical theorists said that punishment must (1) be for the purpose of deterrence, (2) must swiftly follow the crime in order to be effective, and (3) should not be harsher than is necessary to achieve the desired deterrent effect. Why must we delay swiftness in favor of an appellate process? Why is it impossible to use individualized sentences based on each individual offender in order to craft a punishment structure with a deterrent effect.

9. Does the justice system in the United States really focus on deterrence and rehabilitation, or is the system one that relies on incapacitation? How are these theories of punishment incorporated into our system? Do they work? If so - how?

Part D-

1. What rights are protected by the 1st, 5th, 6th, and 8th amendments of the U.S. Constitution for inmates?

2. What is a Section 1983 Claim and how does it become a civil lawsuit under the 8th amendment?

3. Explain the difference in a willful violation and a deliberate indifference as those standards relate to a Section 1983 lawsuit by an inmate.

4. How does Title VII give rise to claims under the 8th amendment?

5. Explain how the need to maintain safety and security inside a prison or jail is balanced against the rights of the inmates. When can a "right" be suspended or abrogated by the system in favor of safety and security?

Part E-

1. What is alternative processing/pretrial diversion? When is it used? How does it work? How does it alleviate over-crowding in the prison system?

2. What is alternative sentencing? When is it used? How does it work? How does it alleviate overcrowding in the prison system?

3. What are the different options used in in alternative processing and alternative sentencing that make it more therapeutic for the offender than incarceration?
4. How is alternative sentencing and alternative processing beneficial for society?

5. What is Victim Offender Mediation? How does it work? Why is it promising as a restorative or therapeutic justice program?

6. Why do we need to consider options other than incarceration?