NCJ Number
16093
Journal
Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 214-224
Date Published
1974
Length
11 pages
Annotation
THIS STUDY FOCUSES ON THE CRITERIA UTILIZED BY PAROLE BOARDS IN DETERMINING THE PROPER AMOUNT OF PUNISHMENT A CONVICTED ADULT FELONY OFFENDER SHOULD RECEIVE.
Abstract
SPECIFIC ATTENTION IS DIRECTED TO THREE PRINCIPAL FACTORS: (1) LEGAL, (2) INSTITUTIONAL AND (3) PERSONAL-BIOGRAPHICAL. THESE THREE FACTORS WERE SELECTED BECAUSE OF THEIR RELATIONSHIP TO CORRECTIONAL IDEOLOGY AND CRIMINOLOGICAL THEORY. THE LEGAL FACTOR IS THE PRIMARY CONSIDERATION IN DETERMINING THE PUNISHMENT, ACCORDING TO THE RETRIBUTIVE SCHOOL OF THOUGHT. THE SEVERITY OF PUNISHMENT IS TO BE DETERMINED BY THE SERIOUSNESS OF THE CRIME. THE INSTITUTIONAL APPROACH (FACTOR) IS CLOSELY ASSOCIATED WITH THE REFORMATIVE APPROACH TO CORRECTIONS, WHICH ADVOCATES THE INCARCERATION OF INDIVIDUALS ONLY UNTIL THEY ARE REHABILITATED. PERHAPS THE MOST COMMONLY USED INDICATOR OF AN INDIVIDUAL'S REHABILITATION WHILE INCARCERATED IS HIS INSTITUTIONAL BEHAVIOR. FINALLY, THE PERSONAL-BIOGRAPHICAL FACTOR IS CLOSELY ASSOCIATED WITH THE CONFLICT, OR POWER, THEORY OF CRIMINOLOGY. THIS THEORY MAINTAINS THAT THOSE INDIVIDUALS WITH MORE POWER IN SOCIETY WILL RECEIVE MORE CONSIDERATION AND MORE FAVORABLE TREATMENT BY REPRESENTATIVES OF OUR LEGAL INSTITUTIONS. (AUTHOR ABSTRACT)