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.]
Plea Bargaining – what it is & how it works Problems with Plea bargaining. 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.)
Adversarial Model Vs Court Working Group reality & who has most power (Barkan ,ch. 17) & how at work in
plea bargaining…
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
Growth of US prison population in US since 1980 & role of drug crime enforcement & increasing sentences
(Barkan, ch. 17) -- Breakdown by race & ethnicity, role of drug crimes in growth, etc. (much was lecture only,
but overlapped with some Barkan info. as well)
Racial and Ethnic Inequality in Drug Imprisonment vs. Drug user population (lecture only)
Social Class link to conviction & imprisonment (Barkan, ch. 17)
Emphasis on punishment and less on rehabilitation since 1970s. Popular nationally for last 30+ years, especially
California until very recently (Barkan Ch. 17; Tierney web rdg.; Doyle et al web rdg.)
California Prison System problems – huge increase in prison pop. in last 25 years, over-crowding, 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.)
But more recently, 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. Effects on crime rates & recidivism (Sentencing Project et al
web rdg.) Cost of imprisonment is $29,000 per inmate per year (Barkan, Ch 17).
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
Mental Illness among people in prison and jail—Huge issue, high frequency, lack of care in society generally
(deinstitutionalization incarceration), 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.)
Mental Health Courts for low-level chronic Mentally ill offenders, get services instead of jail, save money, reduce
recidivism. This approach is lowly expanding in our area and in US. (McCrimmen et al web rdg.)
Death Penalty –Pros & Cons --Costs of DP vs. life imprisonment; Deterrent effect of DP? Wrongful convictions?
(Barkan, ch. 17)
Impact of Punishment on crime – Deterrent effect? Incapacitation effect ? due to imprisonment – & data on that
(Barkan, ch. 17)
Not covered (or very little) but should also know for Test:
Impact of Punishment on crime – Deterrent effect [covered somewhat in class]? Incapacitation effect [not covered
in class]? due to imprisonment – & data on that (Barkan, ch. 17)
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 covered briefly in class –Quality of Legal representation was not
covered as part of this, but you should know (Barkan, ch. 17)
Lifetime chance of going to prison for Blacks, Whites, and Hispanics (Barkan, ch. 17)