Running head: MODULE 6

Module 6
Authors name
Institutional Affiliation

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Part 1: The Enforcement of Social Rules

6.1.1: How laws operate when they are broken
The way in which laws operate once they are broken is interesting. It is readily apparent
that when laws get broken, they operate in a threefold manner. On one hand, they become more
resilient in terms of their enforcement while, on the other, they make other laws gain significance
and power. Looking at this statement critically, the argument that their enforcement becomes
more resilient after they have been broken means that criminal punishment exists only in books
when no crime has been committed. But once misconduct has been perpetrated, that is when the
laws pertinent to the incident are put into practical application. In that sense, the laws appear to
have become more robust than when they are only articulated in documents. On the same note,
the point that they give importance and power to other laws implies that breaking one law may
require insights from other laws to solve the issue in question. In this regard, the other laws used
to reinforce the already broken law in terms of punishment and penalty execution or other legal
remedies appears to have gained some legal clout. Depending on the context of law-breaking,
there is a third way laws can operate after being broken. This way involves stimulating processes
geared towards reforming the broken laws.
6.1.2: Living and working together in society
For individuals and groups of people to live and work together in our society, all they
need is to embrace social cohesion. Social cohesion is necessary because it is the focal point in
promoting community wellbeing. With social cohesion, it becomes easy for people and groups to
unmask criminal activities that compromise their welfare. Apart from supporting crime
unmasking, social cohesion is also fundamental to fighting against marginalization and exclusion

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successfully, creating a sense of belonging, and enhancing trust. With these aspects, people can
live in harmony, consolidate social capital effectively, and experience upward mobility.
6.1.3: Dark Ages Period Characteristics
One of the characteristics of the European Dark Ages period is that the political systems
in the ancient civilizations such as the Roman and Greek adopted feudalism, which always
impeded upward social mobility. Armed conflicts called crusades, most of which were on
religious grounds, were also a characteristic of this era. The period was also characterized by
economic and cultural deterioration that purportedly affected Western Europe. The other
characteristic was that there were widespread religious superstitions. On that note, hostile and
crude methods were used in punishing religious activists and criminals who were also perceived
to be wrongdoers. The methods included branding, execution, flogging, mutilation, and
whipping. In the Dark Ages era, crime was neither regarded a private matter because there were
nor trained police officers with the mandate to investigate criminal activities. Publicly owned
slaves served as the police force that controlled prisoners and maintained order. Thus, citizens
could deal with crimes themselves through trial by ordeal or blood feuds.
6.1.4: Crime Treatment Reform
The three countries that effectively transformed the way crimes were dealt with included
Britain, France, and Scotland. In the three countries, the reform of the methods of dealing with
crime was accomplished by petitioning for and implementing professional police services. In
France, these services were characterized by uniformed policemen. In Britain, the policemen
were in the form of paid watchmen hired to guard Londons streets. In Scotland, the police
services were characterized by centralized and professionally organized police force.

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6.1.5: Five important characteristics of how crimes were treated before and during the
Dark Ages period
Harsh torture and austere punishment for crime
Discrimination against the poorer classes when handling crime
Widespread public display of torture
The magnitude of a crime determined the degree of penalty or punishment
Fear of being the next crime victim was predominant because of the severity of
punishment witnessed
6.1.6: Influences of England Expansion on Criminal Punishment
The expansion of England affected criminal punishment by eliminating criminal
executions or death sentences. As early as the 18th century, Englands expansion had commenced,
and at that time capital punishment was on the rise because of increases in capital crimes.
However, criminal punishment reforms began in the 1820s, and in 1823, Britain passed five laws
that exempted approximately one hundred crimes from death sentences. It also swept away many
other capital offenses between 1832 and 1837, after the greatest reform that commenced in 1833.
An attempted to abolish all capital punishment occurred in 1840 but failed. The entire 19th and
20th centuries were characterized by the abolishment of more and more death sentences in Britain
and elsewhere in Europe.
6.1.7: How the American colonies dealt with criminal punishments
The American colonies were theocratic and autocratic in nature, adopting a patriarchal
justice system. This system encouraged justice execution on the basis of vengeance, which made
it so harsh in terms of punishing criminals. Capital punishment was used even for minor offenses
such as the unpermitted killing of pets and domestic animal, stealing fruits, and carrying out

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commercial transactions with Indians. Death sentences were achieved via crucifixion, burial
alive, drowning at sea, beating and stoning to death, and impalement. Even so, the extent of
strictness with capital punishment varied across the American colonies. For mild punishments,
they were practically and constantly public as this was deemed as a way to humiliate the
offenders and teach them a lesson that would stimulate them to repent and rectify their ways.
Sometimes, some forms of punishments were tailored to fit the criminality.
6.1.8: Three significant characteristics of the abridged history of punishment
The first key characteristic of the abridged history of punishment is that it labels corporal
punishment as something that was meant for slaves. They were not entitled to any rights and
were treated like and thought of as merchandise, implying that punishment on them was
executed in a way that did not inflict permanent damages. The second characteristic is that the
abridged history of punishment reveals that punishments executable was supposed to match the
crime committed. Thirdly, the abridged history of punishment shows that, among all capital
offenses, treason was the primary basis for capital punishment.
6.21 The goals of criminal sentences
The goals of criminal sentences are societal retribution, the prevention of further crimes
through incapacitation, deterring others from doing crimes, rehabilitating the offender and
restoration of the victim or reparation.
6.2.2
It is a philosophy that proposes reduced judicial discretion in sentencing, disregarding the
individual defendant.
6.2.3

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Deterrence theory is a theory that holds that potential offenders will be restrained from
committing offences for fear of punishment. According to this theory criminals are no different
from other law-abiding citizens, since they rationally maximize their own self-interest subject to
constraints. Increasing the certainty, swiftness and severity of punishment will result in the
reduction of crime.
6.2.4
Incapacitation proposes preventing citizens from committing crime through physical
restraint, for instance, through incarceration. It does not consider the assumptions of the
offenders rationality of the criminals behavior. It achieves crime reduction by preventing
further crimes being committed against the society in the duration of the sentence.
6.2.5
Rehabilitation is based on the notion that offenders can be changed through correctional
interventions such as therapy, counselling among other means. Sentences are tailor made to the
individual offender. For instance, a judge might give a sentence of an indeterminate length. And,
a parole board determines when a convict should be released and under what conditions.
6.3.1
Judicial discretion is the power to make official decisions using reason and judgement to
choose from available existing alternatives. Discretionary decisions are made subject to some
kind of review, and may be reversed in the event that discretionary powers are abused. It is a
very broad concept. In Judicial discretion, the rule of law is the basis on which decisions are
made.
6.3.2

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Concurrent sentences are those sentences which are served at the same time while
consecutive sentences are those which are served one after the other. The judge usually
determines what type of sentence an offender is to serve. For instance, a concurrent sentence of
four and five years will be a total of five years while consecutive sentences of four and five years
will be nine years
6.3.3 Plea Agreements
Plea bargains are agreements between defendants and prosecutors where defendants
agree to plead guilty to some charges against them in exchange for some concessions from the
prosecutors. Plea bargains allows the state to save resources, though, they coerce on the
defendants right as he waives three rights protected by the Fifth and Sixth Amendments.
6.3.4 Indeterminate Sentencing
Indeterminate sentencing is a sentence for which legislation allows the judge
to impose a minimum and/or maximum term, the actual length of service
depending on the discretion of corrections officials. It usually has the
advantage of allowing custom sentences for individuals. They have been
criticized to be unfair as the sentences are determined on bases which may
be of discriminate nature such as gender, age, sex, race among other
factors. The uncertainty offenders face is also cruel and they show that
parole officers, not the judges are the final authority.

6.3.5 Structured Sentencing

It is a method of sentencing and punishing criminals, based on the severity of the crime
committed and on the extent and gravity of prior criminal record. There are three types of

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punishment: active, intermediate and community punishments. Active punishments require

felons to be incarcerated in the state prison system while intermediate punishment requires a split
sentence- part in prison and part in supervised probation. And a community sentence is like a
basic probation and may include fines, restitution, community service and or substance abuse
treatment.
6.3.6 Determinate sentencing
Determinate sentencing is where there is no chance of parole and the criminal must serve
the entire term of the sentence. They vary from state to state, and judges have resorted to judicial
parole whereby an offender is given a split sentence, serving a mandatory sentence and
supervised probation.
6.3.7 Aggravating factors
Aggravating factors are factors that increase the severity or the culpability of a criminal
act. They include lack of remorse, amount of harm done to the victim, committing a crime in the
presence of a child among others.
6.1.1 Mitigating factors
Mitigating factors are any form of information presented in court regarding the defendant
or the circumstances in which the crime was committed. They may result in a reduced sentence
or lesser charges.
6.1.2 Characteristics of federal presumptive sentencing
This is a situation that arises when the legislature specifies the normal sentence for each
crime, and judges are permitted to deviate only under specified types of circumstances or by
giving written reasons or both.
6.1.3. The Purpose of Truth in Sentencing Laws

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Truth in sentencing is a collection of policy stances on sentencing those convicted of

crimes in the justice system. It aims at providing transparency so that criminals can serve can
serve the terms that they have been sentenced to. It usually cites the publics right to know as the
guiding factor of formulating policies. It requires those convicted of federal crimes to serve a
substantial portion of their crime, which is at least 85% for the sentenced crime.
6.1.4 Mandatory Sentencing
Mandatory sentencing is giving a sentence according to pre-existing legislation, and in
these cases, judges cannot exercise discretion. They are mostly used for violent and serious
offences.
6.1.5 Three strikes laws
Three strike laws are laws that are enacted by state governments mandating the courts to
provide harsher sentences to offenders if they have been previously convicted of two prior
serious criminal offenders. They are designed to incapacitate those likely to commit crime.
6.1.6 Mandatory Minimum Sentences
Mandatory minimum sentences are laws that require binding prison terms for people
convicted of certain federal and state crimes. It is usually called the one shoe fits-all justice. Most
of these sentences apply to drug offences but The Congress has applied them ti other crimes such
as gun, pornography and economic offences.
6.1.7 Indeterminate Sentencing
Indeterminate sentencing is a sentence for which legislation allows the judge
to impose a minimum and/or maximum term, the actual length of service
depending on the discretion of corrections officials. It usually has the
advantage of allowing custom sentences for individuals. They have been

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criticized to be unfair as the sentences are determined on bases which may

be of discriminate nature such as gender, age, sex, race among other
factors. The uncertainty offenders face is also cruel and they show that
parole officers, not the judges are the final authority.

6.2.1 Capital punishment

Capital punishment is punishing an offence by death. Only 36 Countries actively carry
out the Death Penalty while 103 countries have abolished it de jure and 50 countries have
abolished it de facto. Most people oppose capital punishment due to religious beliefs, due to the
fact that those convicted are later found to be innocent. The popularity of the death penalty has
continued to go down hitting with 63% being in favor of it while 33% oppose it as of 2014
October 2014.
6.2.2The Reasons Pro- death Penalty Supporters
Most people give the reason that they should be tough on crime in order to stop it. They
argue further that those who have committed crime should face punishment. For instance, those
who have committed murder should face the same punishment. They also cite this as the ultimate
punishment and warning.
6.2.4. Unfair Administration Argument
Studies have documented cases in which individuals were wrongly convicted and thus
executed in error. However, a problem arises that it is impossible to be entirely certain that a
person is truly guilty
6.2.5 It does not deter crime argument

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It does not deter crime argument argues that the death penalty does not lead to the
decrease in crime rates.
6.2.6 Financially Costly

The cost of appeals and maintenance of a person on death row is higher than the cost of
maintaining a prisoner sentenced to life imprisonmentapproximately $3 million.
6.2.7 Innocence of Mistakes Fact
Studies have documented cases in which individuals were wrongly convicted and thus
executed in error.
Aggravating factors
These are the factors that increase the severity and culpability of a criminal act. They
include lack of remorse, amount of harm done to the victim, commiting a crime in the presence
of a child among others.
Alternative Sanctions
Alternative sanctions utilize the nontraditional sentence in lieu of imprisonment and
fines. Examples of alternative sanctions are community service, home detention, day reporting,
drug treatment and victim offender programming
Concurrent Sentence
This is when a criminal defendant is convicted of two or more crimes and the sentences
may be all served at the same time.
Consecutive Sentence
The defendant has to complete the sentence of one charge and also serve the sentence of
other charges.

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Determinate Sentence
This is where there is no chance of parole and the criminal must serve the entire term of
the sentence. They vary from state to state, and judges have resorted to judicial parole whereby
an offender is given a split sentence, serving a mandatory sentence and supervised probation.
Dark ages
This was a period of time when historians know very little since there was very little
written about it.
Deterrence
Deterrence is the use of a punishment as a threat to restrain people from committing
crime
General Deterrence
General Deterrence is inducing others tempted to do crime not to do it.
Good Time
Good time refers to time deducted from a prisoners sentence due to good behavior.

7.1 Evolution of corrections

By the end of the sixteenth century England and Holland replaced other forms of
punishment with workhouses. Inmates labored during the day and engaged in squalor during the
night. Provisions were paid for in these prisons and diseases spread quickly.
The conditions of incarceration facilities drew the attention of Enlightenment thinkers.
Two particular writers Beccaria and James Howard made a huge impact in the improvement of
prison conditions. Howards work was influential in the passing of the Penitentiary Act of 1979
which improved prison conditions.

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Under British rule, the penitentiary followed the Anglican penal system of labor and
corporal punishment. There was a shortage of cells meaning convicts were in and out of solitary
confinement. Pennsylvania led in reforms with a construction of Eastern Penitentiary in 1829. It
attracted fame and recognition and many people imitated it abroad.
Reform minded agencies reformed the prison system emphasizing on training in a
military environment. The first was in New York in 1876. They offered parole based on a score
of good behavior. These institutions however, known as reformatories never reached the
expectation they promised.
7.1.2
7.1.3 The Rise of the Penitentiary
Under British rule, the penitentiary followed the Anglican penal system of labor and
corporal punishment. There was a shortage of cells meaning convicts were in and out of solitary
confinement. Pennsylvania led in reforms with a construction of Eastern Penitentiary in 1829. It
attracted fame and recognition and many people imitated it abroad.
7.1.4 Reformatories
They were institutions that emphasized education and vocational training in a military
environment. They adopted indeterminate sentences and a grading system based on marks, which
determined when an inmate would be released on parole. The first one was built in Elmira New
York. They were seen as lesser jails and their indeterminate sentencing model offered longer
sentences.
7.1.5 20th Century Prisons
There are separate provisions for younger people where there is a strong moral
background physical and technical training, there have been open prisons. There is a

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comprehensive system for punishment. In 1993 the Prisons service became an agency of the
government. Prisoners nowadays have been privatized.
7.2.1 Characteristics of Custody
Prisons are classified as maximum, medium and minimum security prisons. They are
usually highly fortified. They are run by strict rules, hierarchical in nature. Inmates are also
classified to ensure the smooth functioning of correctional institutions.
7.2.2 Scope Size and Structure of Custody
By the end of 2008 Federal and State prisons held 2,304,115 inmates that is 1 in 133
residents. With very few exceptions, all personnel working in U.S. corrections have attended
certified training academies of varying lengths and curricula. Correctional officers make up the
bulk of these personnel
While correctional systems in the United States often struggle with issues of
overcrowding, insufficient human and financial resources, and incidents of violence and other
abuse, there are oversight and enforcement mechanisms in the United States, including the
Department of Justice, which help ensure that U.S. correctional systems are operated in
conformity with the U. S. Constitution, statutes, and regulations.
Each U.S. state has its own correctional system. A few state systems operate jails,
prisons, probation, and parole. Most state systems, however, are not combined operations and
only manage prisons. Jails in the United States are usually operated by municipal and county
governments, and most probation departments are attached to the courts.
7.2.3 Federal Bureau of Prisons
The Federal Bureau of Prisons (BOP) is an agency within the Department of Justice
responsible for administration of the federal prison system. Bureau of Prisons (BOP) consists of

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119 prisons, six regional offices, a headquarters, two staff training centers, and 22 residential
reentry management offices (formerly known as community corrections offices). The regional
offices and the headquarters are responsible for overseeing and providing support to the prisons
and residential reentry management offices. The latter then oversees residential reentry centers
and home confinement programs. The BOP is also responsible for the care and custody of nearly
219,000 federal inmates; 79% of these inmates are currently staying in correctional facilities or
detention centers. The remaining 21% are staying in private prisons, community facilities or
local jails.
7.2.4
Jails are usually run by sheriffs and/or local governments and are designed to hold
individuals awaiting disposition of their case, waiting for transport to a state prison system
following conviction, or serving time after a misdemeanor. State prisons are operated by the state
where the person was convicted of a felony. Federal prisons are operated by the Federal Bureau
of Prisons (BOP) and are designed to hold individuals convicted of federal crimes, such as tax
evasion, bank robbery, or kidnapping, among others.
Jails operate work release programs, boot camps, and other specialized services. They try
to address educational needs, substance abuse needs, and vocational needs while managing
inmate behavior while State prison systems operate halfway houses, work release centers, and
community restitution centers all considered medium or minimum custody. Inmates assigned
to such facilities are usually reaching the end of their sentence.
7.2.5 Characteristics of Prison Life

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There is the deprivation of rights and freedoms, there is deprivation of goods and
services. Then, there is the restriction of heterosexual relations. Furthermore there is also
deprivation of personal autonomy due to the planned schedules for inmates.
7.2.6 Rights of inmates
Inmates have the right to be free from sexual crimes, including sexual harassment.
Disabled prisoners are entitled to assert their rights under the Americans with Disabilities Act to
ensure that they are allowed access to prison programs or facilities that they are qualified and
able to participate in. Inmates are entitled to medical care and attention as needed to treat both
short-term conditions and long-term illnesses. The medical care provided must be "adequate."
Inmates have the right to be free from racial segregation in prisons, except where necessary for
preserving discipline and prison security. Inmates are entitled to a hearing if they are to be
moved to a mental health facility. However, an inmate is not always entitled to a hearing if he or
she is being moved between two similar facilities. A mentally ill inmate is not entitled to a fullblown hearing before the government may force him or her to take anti-psychotic drugs against
his or her will. It is sufficient if there is an administrative hearing before independent medical
professionals.
7.2.7 Incarceration
Incarceration to some extent, does increase crime. However all crime reduction is not due
to incarceration. For example, while the U.S. experienced a dramatic drop in crime between 1992
and 1997, imprisonment was responsible for just 25 percent of that reduction. Seventy-five
percent of the crime drop through the 1990s was attributable to factors other than incarceration

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The Auburn system is a penal method of the 19th century in which persons worked
during the day in groups and were kept in solitary confinement at night, with enforced silence at
all times.
Direct Supervision is a philosophy of behavior management supported by physical
surroundings.
Indirect supervision means that an authority figure is present but possibly not seen or
heard
Indeterminate sentencing is a sentence for which legislation allows the
judge to impose a minimum and/or maximum term, the actual length of
service depending on the discretion of corrections officials.
Inmate code refers to the rules and values that have developed among prisoners inside
prisons' social systems
Prisonization is the process of accepting the culture and social life of prison society.
Recidivism rate refers to the rate in which a person relapses into criminal behavior
Selective Incapacitation refers to depriving offenders of the capacity to commit crimes, usually
through detention in prison or capital punishment
A total institution is a place of work and residence where a great number of similarly situated
people, cut off from the wider community for a considerable time, together lead an enclosed, formally
administered round of life.
Walnut Street Jail, named after the Philadelphia, Pennsylvania Street on which it was located.

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