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Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment Outline

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This is an extract of our Criminal Justice Administration In The U.S. Structure, Justifications And Theories Of Punishment document, which we sell as part of our Criminal Law Outlines collection written by the top tier of New York University School Of Law students.

The following is a more accessble plain text extract of the PDF sample above, taken from our Criminal Law Outlines. Due to the challenges of extracting text from PDFs, it will have odd formatting:

The Structure of Criminal Justice Administration in the United States
The Justification of Punishment
AMERICAN CRIMINAL JUSTICE LANDSCAPE

1. Mass incarceration, small deterrent effect

2. Overburdened legal system

3. Discriminatory treatment of minorities

4. Decentralized/local administration

5. Discretion

6. Political influences on CJ administration - elected legislators, prosecutors, judges

7. Minimum sentencing requirements

THEORIES OF PUNISHMENT
Theory
Consider
Retribution
Harm caused (scope and amount - children involved?)
Subjective intent/blameworthiness (circumstances?)
Deterrence
Special and general
Signaling
Risk of reoffending (age, impulse control, past record)
Incapacitation
Protect public from danger/further crimes of D
Rehabilitation
Educational or vocational training, medical care or other correctional treatment

Purposes of Punishment

Purposes are used by different actors to make decisions

legislatures (what to criminalize), prosecutors (who/what/how much to charge),
judges (what to sentence)
2 dominant views (1) utilitarian - punishment because produce good future consequences, forward looking

Deterrence (detection) - special and general

Rehabilitation

Incapacitation (involve risk instruments to determine pretrial detention and sentencing,
often faulty)

Others o
Legitimization of legal system (restore public's faith and trust in legal system,
courts represent people's interest, prevent vigilante justice)
o
Social norm reinforcement o
Restitution and healing for victims o
Education of public

[criticisms] people's actions are motivated by emotions not rational calculations or law
(2) retribution - punishment because D deserves it, backward looking)

Harm

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