Prosecution & Punishment Lecture Outline
Guest Lecture on Parole & Probation systems in Maryland (“Community Corrections”) by Heather Hall – Key
Points: Focus on rehabilitation & getting treatment and services to reduce recidivism, bulk of case load is
probation, and of that large portion is DUI, Largest categories of cases/offenders are: DUI, Drug, and Domestic
Violence. Other less frequent but generally more serious types include Sex Offenders, Violence Prevention
Initiative (target high risk, young offenders with violent crime history), and warrant apprehension; Importance
of Partnerships with many types of agencies various parts of Crim. Justice system, social service providers, and
community organizations.
[In Readings a Key issue is extra-legal bias (race & ethnicity, class, gender) in prosecution, punishment &
sentencing (in/out decision, length of sentence, etc.), dropping charges or not, juvenile justice, etc. Ideally there
should be no such biases in any of these. Key issue is how much, if any, goes on.]
Showed scenes from video “the plea” on problems and injustices in Plea Bargaining & how widely used; &
problems and advantages of; also the Constitutionality of Plea Bargaining & critique of that (Lynch web rdg., &
Barkan, ch. 17). Extreme case of injustice in Kentucky bad-check case, & coerced plea bargaining… (Lynch
web rdg.)
Growth of US prison population in US since 1980 & role of drug crime enforcement & increasing sentences
(Barkan, ch. 17) -- also, most in prison are convicted of non-violent offenses only; Breakdown by race &
ethnicity, role of drug crimes in growth, etc. (much was lecture only, but overlapped with some Barkan info. as
well)
Social Class link to conviction & imprisonment (Barkan, ch. 17)
Racial and Ethnic Inequality in Drug Imprisonment vs. Drug user population (lecture only)
Emphasis on punishment and less on rehabilitation since 1970s (Barkan Ch. 17; Tierney web rdg.; Doyle et al web rdg.)
Prosecutorial Discretion as key factor in courts and leading to imprisonment.
e.g., Kentucky “habitual Offender” law case example in Kentucky (Lynch web rdg.), 3 Strikes Law example (in
California) & role of non-violent offenders and non-felony 3rd offenses
Racial and Ethnic Discrimination & Prosecution & Punishment – or lack of (Barkan, ch. 17) on:
o In/Out Decision (i.e., imprison or not [suspend sentence or probation vs. imprisonment])
o War on Drugs – (See also Sentencing Project et al web rdg. on reducing 100:1 crack vs. powder
sentencing disparity to 18:1)
o Juvenile Justice System – (See also Dries et al. web rdg. for discrimination & other probs. in Juv.
System.)
o Race of victim effect
o Length of sentence
Death Penalty –Pros & Cons --Costs of DP vs. life imprisonment; Deterrent effect of DP? Wrongful convictions?
(Barkan, ch. 17)
2 general approaches to imprisonment in States
Lighter Sentences approach (of Texas, very recently California, and increasing number of states) emphasis on
reducing sentences for non-violent offenders, reducing recidivism, more drug treatment, more services, etc. all
for cost-savings reasons in part.. (Sentencing Project et al web rdg.) Cost of imprisonment is $29,000 per
inmate per year 9Barkan, Ch 17)
Vs. get tough” stress punishment, little attention to rehabilitation…Pop[ular nationally for last 30+ years, especially
California until very recently (Doyle et al. web rdg., Tierney web rdg., Barkan Ch. 17)
California Prison System problems – huge increase in prison pop. in last 25 years, cuts in Rehab. Services and drastic
increase in recidivism rates, and in prison violence & role of gangs (filled the vacuum). (Doyle et al. web rdg.)
Impact of Punishment on crime – Deterrent effect? Incapacitation effect ? due to imprisonment – & data on that
(Barkan, ch. 17)
Mental Illness among people in prison and jail—Huge issue, high frequency, lack of care in society generally, jails
as new MI care system, costly… Mental Health court as alternative to jail for some low-level MI offenders.
(Bureau of Justice et al web rdg.)
Not covered (or very little) but should also know for Test:
Gender Inequality & imprisonment – some contradictory research findings for Juveniles (Status offenses Vs. Serious
offenses) and then for adults (Barkan, ch. 17)
Death penalty Pro & Con debate issues & evidence not covered in class –Quality of Legal representation (Barkan,
ch. 17)
Adversarial Model Vs Court Working Group reality & who has most power (Barkan ,ch. 17) & how at work in
plea bargaining…
Lifetime chance of going to prison for Blacks, Whites, and Hispanics (Barkan, ch. 17)
See also Group Discussion Questions for list of key issues in readings.