BCJ 2002, Theory and Practices of Corrections 1 Course Learning Outcomes for Unit II Upon completion of this unit, students should be able to: 1. Define terms related to corrections. 1.1 Define terms related to sentencing and diversion. 2. Assess the purpose, implementations, and effectiveness of corrections. 2.1 Identify the seven goals of criminal sentencing. 2.2 Examine the concept of diversion. 2.3 Analyze the concept of probation and the job of the probation officer. 8. Appraise the legal rights of inmates and the use of capital punishment. 8.1 Discuss various landmark cases referenced in the book and how they apply to the current correctional system. 8.2 Match various landmark cases to their outcomes. Unit Lesson The general public has an expectation that those people that cannot conform to the basic rules and law of society be punished for their lack of regard for the law. The concept of punishment versus reform is one that has been constantly debated for hundreds of years. In this unit, we discuss the goals of sentencing as they relate to punishment. There are seven goals of punishment that you need to understand in this unit. They are as follows:  revenge,  retribution,  just deserts,  deterrence,  incapacitation,  rehabilitation or reformation, and  restoration. There are also five sentencing options available to the offender:  fines and other monetary sanctions,  probation,  intermediate sanctions,  incarceration, and  death penalty. One question we need to ask ourselves is, “do the five sentencing options fit into the seven goals of punishment?” The death penalty does provide revenge, but does it Reading Assignment Chapter 3: Sentencing: To Punish or to Reform? Chapter 4: Diversion and Probation: How Most Offenders are Punished Learning Activities (Non-Graded) See information below. Key Terms 1. Absconding 2. Conditional diversion 3. Correctional econometrics 4. Determinate sentencing 5. Diversion 6. Equity 7. Just deserts 8. Mandatory sentencing 9. Restorative justice 10. Revocation hearing 11. Social debt 12. Unconditional diversion UNIT II STUDY GUIDE Sentencing, Diversion, and Sanctions BCJ 2002, Theory and Practices of Corrections 2 provide deterrence? Most would say that it does not provide any deterrence at all. People are still committing crimes that justify the use of the death penalty in every state in the country. When we look further into criminal activity like sex crimes, or more specifically Internet sting operations where law enforcement makes contact with individuals seeking to engage in sexual acts with minors, we see that the threat of incarceration and years of probation have no effect on the goals of deterrence or reform. The shame associated with being displayed on the television show “To Catch a Predator” would seem to provide some sort ...

1. BCJ 2002, Theory and Practices of Corrections 1
Course Learning Outcomes for Unit II
Upon completion of this unit, students should be able to:
1. Define terms related to corrections.
1.1 Define terms related to sentencing and diversion.
2. Assess the purpose, implementations, and effectiveness of
corrections.
2.1 Identify the seven goals of criminal sentencing.
2.2 Examine the concept of diversion.
2.3 Analyze the concept of probation and the job of the
probation officer.
8. Appraise the legal rights of inmates and the use of capital
punishment.
8.1 Discuss various landmark cases referenced in the book and
how they
apply to the current correctional system.
8.2 Match various landmark cases to their outcomes.

2. Unit Lesson
The general public has an expectation that those people that
cannot conform to the
basic rules and law of society be punished for their lack of
regard for the law. The
concept of punishment versus reform is one that has been
constantly debated for
hundreds of years. In this unit, we discuss the goals of
sentencing as they relate to
punishment.
There are seven goals of punishment that you need to
understand in this unit. They
are as follows:
There are also five sentencing options available to the offender:

3. One question we need to ask ourselves is, “do the five
sentencing options fit into the
seven goals of punishment?” The death penalty does provide
revenge, but does it
Reading
Assignment
Chapter 3:
Sentencing: To Punish or
to Reform?
Chapter 4:
Diversion and Probation:
How Most Offenders are
Punished
Learning Activities
(Non-Graded)
See information below.

4. Key Terms
1. Absconding
2. Conditional diversion
3. Correctional
econometrics
4. Determinate
sentencing
5. Diversion
6. Equity
7. Just deserts
8. Mandatory
sentencing
9. Restorative justice
10. Revocation hearing
11. Social debt
12. Unconditional
diversion
UNIT II STUDY GUIDE
Sentencing, Diversion, and Sanctions
BCJ 2002, Theory and Practices of Corrections 2
provide deterrence? Most would say that it does not provide any

5. deterrence at all.
People are still committing crimes that justify the use of the
death penalty in every
state in the country. When we look further into criminal activity
like sex crimes, or more
specifically Internet sting operations where law enforcement
makes contact with
individuals seeking to engage in sexual acts with minors, we see
that the threat of
incarceration and years of probation have no effect on the goals
of deterrence or
reform. The shame associated with being displayed on the
television show “To Catch
a Predator” would seem to provide some sort of deterrent, but it
does not as these
Internet stings are more frequently done since the show aired on
television. They also
appear to be yielding more people in higher positions of
authority. The last Internet
sting in the State of New York resulted in a chief of police
being arrested. Do you think
that many feel the Internet helps them stay anonymous while
they participate in
activities such as this online? Otherwise, why would people in
high position risk being
caught scandalous activities such as these?
The Federal Fair Sentencing Act was signed into law by
President Barack Obama in
2010 (Schmalleger & Smykla, 2015). This act changed the
sentencing disparity
between the guidelines for possession of crack cocaine and
powder cocaine. As a
result, the possession of crack cocaine and powder cocaine
carry the same
sentencing guidelines. Do you think this will change the size of

6. the prison population
over the next 20 years?
In the last 10 years, a total of 26 states and the Federal
Government have developed
and passed laws relating to habitual offenders. These laws are
known as three-strikes
laws. The first two states to enact these laws were Washington
and California. Like
with many newly implemented laws comes resistance,
criticizing, and deliberation, and
the three-strikes laws are no different.
There are several interesting facts that relate to the three-strikes
laws in this chapter.
First, while the impact on jails in California was somewhat
overwhelming initially, the
impact on prisons has not been substantial over the long term.
While three-strikes
laws exist in 26 states, only five states, Georgia, South
Carolina, Nevada,
Washington, and Florida, are using them in a way that has a
larger impact. There is
also recent evidence that shows states are moving away from
mandatory sentencing
in an effort to adjust to budgetary issues currently affecting
them.
While this class is specifically designed to discuss issues in
corrections, let’s look at
the three-strikes legislation from a different angle than prison
overcrowding, which is
the level of violence in states that have this legislation versus
states that do not have
three-strikes legislation. We can discuss this aspect in both
veins of law enforcement

7. and corrections. Imagine the following scenario. A suspect that
is a habitual offender
is stopped for a minor traffic violation in a stolen car or after
the commission of a
crime. He or she would logically be more inclined to do
everything possible to avoid
arrest, knowing he or she was going to be incarcerated for 20
years or more if
arrested for a crime he or she committed. This would include
loss of life for bystanders
as well as law enforcement officials involved in the pursuit and
apprehension of that
individual. The same suspect that is now an inmate may also be
more likely to assault
correctional staff, incite a riot, or take hostages. Does the three-
strikes law deter
criminal activity, and does it incapacitate habitual offenders?
Does the law cause an
increase in the homicide rate of witnesses to crimes?
One of the main topics in this unit that we will be discussing is
that of diversion. This
concept is one that is designed to suspend the criminal
proceeding for a person and
utilize some form of performance measure as a way to
rehabilitate the defendant in
lieu of incarceration. Generally, diversion programs include
alternatives to
incarceration, voluntary participation, and access to the defense
counsel prior to
deciding if this program is right for the defendant. Diversion
programs occasionally
require input and strategies from the accused as to how to keep
them from re-

8. BCJ 2002, Theory and Practices of Corrections 3
offending. Once the diversion program has been completed
successfully, the charges
are generally dismissed.
There are four rationales for diversion programs that students
should be aware of in
this unit. First, the stigma of being arrested charged, tried, and
convicted can
encourage a defendant to re-offend. Diversion is also less
expensive than formally
charging and processing a defendant through the entire court
system. Third, diversion
is appropriate in the case of victimless crimes where social
norms are violated but
there is no real victim. Can you think of any of these crimes?
The last rationale for
diversion is that a program of that nature would possibly give
the defendant a better
way of life as opposed to being sucked into the system. There
are several issues that
students need to be aware of with diversion programs:
egal and ethical issues,

9. The ethical issues of diversion stem in large part to the amount
of rights a defendant
gives up to enter the diversion program. Do you agree with
charges being dropped
once the diversion program is completed? Should the
requirements for entering a
diversion program be stricter in an effort to promote success of
the program? Is
making the program requirements too strict an ethical dilemma
in itself?
In the criminal justice system, probation is the most commonly
used form of
punishment. It is the primary way to keep the offender in the
community and out of jail
and prison. Students should be familiar with the five goals of
probation programs
discussed in the book. One of the largest emerging issues in
probation is that of
privatizing the actual service. Alabama, Connecticut, Colorado,
Georgia, Missouri,
Tennessee, and Utah have privatized probation. How do you
feel about for profit
probation companies being involved in the justice process?
Does this muddy the
waters of fair and impartial justice?
Let’s talk about some ethical dilemmas as they relate to
privatization. You will see
these same issues again in a later unit. Privatization occurs so
county and state
governments can save money. The savings amounts to millions
of dollars a year.
Should a private business dictate a person’s freedom, or should
punishment be left to

10. the state to remain fair and impartial? One of the issues with
privatization tends to be
that private companies contribute to judges and local
government campaigns. Can
you see an ethical dilemma as it relates to this issue? Private
companies also tend to
have less training and standardization requirements than those
of the government.
However, in some cases these companies may be able to do a
better job because
they have the financial backing to hire more people to decrease
the size of caseloads
as well as increase the effectiveness of programs defendants
must attend while on
probation.
The book eludes to the fact that the average probation officer
has a caseload of 139
offenders. Do you think this is too many people to supervise?
When an offender
violates the terms of his or her probation, a revocation hearing
takes place. Why is this
hearing so important? The revocation hearing is the formal
termination of a
defendant’s probation and freedom. There are three ways an
offender can violate the
terms of probation. They are technical violations, absconding,
and new offenses. What
situation could you foresee that could cause someone to violate
his or her parole?
The 1973 Supreme Court decision known as Gagnon v. Scarpelli
was a ruling that
stated that there was no difference between revoking probation
and revoking parole
because the end result in both of those actions was the loss of

11. freedom (Schmalleger
& Smykla, 2015). In 1974, the case of Morrissey v. Brewer
established seven key
BCJ 2002, Theory and Practices of Corrections 4
points to revoke probation (Schmalleger & Smykla, 2015). What
can you conclude as
to why these two rulings were significant for their time? What
effects can you think of
that they still have in today’s probation and parole systems?
The readings for this unit cover a lot of legal ground. There are
several cases that
have been heard by the United States Supreme Court and state
courts in reference to
sentencing guidelines that are important to understand in this
unit. Be sure to review
all cases listed within the text for this unit to be familiar with
them, along with issues
that have risen in terms of sentencing. The fact is that revoking
or taking a person’s
freedom takes sound legal framework as it should. The cases
that you have reviewed
and worked though provide the framework for some of the case
law that goes into
sentencing and probation.
Reference

12. Schmalleger, F., & Smykla, J. O. (2015). Corrections in the 21st
century (7th ed.).
New York, NY: McGraw-Hill Education.
Learning Activities (Non-Graded)
Flash Cards
For a review of the Key Terms of the unit, click here to access
the interactive Unit II
Jeopardy in PowerPoint form. (Click here to access a PDF
version.)
Non-graded Learning Activities are provided to aid students in
their course of study.
You do not have to submit them. If you have questions, contact
your instructor for
further guidance and information.
https://online.columbiasouthern.edu/CSU_Content/courses/Emer
gency_Services/BCJ/BCJ2002/14I/UnitII_Jeopardy.ppsx
https://online.columbiasouthern.edu/CSU_Content/courses/Emer
gency_Services/BCJ/BCJ2002/14I/UnitII_Jeopardy.pdf
GEO 105 - Semester Project - Fall, 2014
Projects Due: Tuesday, December 2, 2014 (by 2:30 PM) – or
earlier, if you cannot hand it in on that
date.

13. Projects will be submitted to the course instructor, Glenn
Richard, by email.
Each student has been assigned a specified chapter from
PlaNYC.
PlaNYC URL: http://www.nyc.gov/html/planyc2030/
The chapters assigned to each student are listed in the PlaNYC
Project folder within the Documents folder on
Blackboard.
In addition to the individually-specified PlaNYC chapter, all
students are assigned the Energy chapter.
Your Assignment: Write and submit a report, with content
section composed of about 4 pages of single- or
double-spaced text and images, explaining how, in your
opinion, the component of PlaNYC discussed in your
assigned chapter should be implemented, with an emphasis on
how it relates to energy. This could include
energy production, consumption, efficiency, sustainability, and
environmental effects. It should consider how
energy production or use affects your component of the plan,
and how your component of the plan requires or
affects energy use. In addition to the 4 pages of the main
discussion section, include on additional pages all of
the accompanying information that is listed below.

14. Include, in your report:
o an introductory abstract
o a main discussion section
o diagrams, charts, or illustrations, if appropriate
o citations of references to facts within the discussion section
(any clear format is OK)
addition to PlaNYC) cited in your
discussion section (any clear format is OK)
A collection of links that might be helpful to you for finding
information for your report:
Energy Hyperlink Server
URL: http://stonybrookenergy.appspot.com/
These links can be filtered, using that tags that accompany
them. Follow the link to the
Tagged Energy Hyperlink Database
http://www.nyc.gov/html/planyc2030/

15. http://stonybrookenergy.appspot.com/
PlaNYC Chapters
Assigned Individually:
hoods
Assigned to Everyone:
Examples of How Energy Might Relate to Your Assigned
PlaNYC Component
How energy is needed in the implementation and for the
sustainability of your assigned component of
the plan

16. transportation systems.
y can
also be derived from the waste.
How environmental effects of energy production and use might
relate to or impact your assigned
component
sed by climate
change, power plants could be moved
to higher ground.
quality.
York might impact the quality of
New York City’s water supply.
How efficient and sustainable energy use practices can be
advanced by, or can be applied to applied
to, the implementation of your component of the plan.
housing and neighborhoods in low-

17. lying areas, in favor of more elevated areas, would result in
reduced need for rebuilding, which
uses energy, after a major storm surge.
encourage people to walk to
destinations instead of using more energy-intensive modes of
transportation.
new electric production facilities.
wind energy facilities, and for
new mass transit ferry lines.
for energy production.
are well insulated and energy
efficient, can help us conserve energy.
These examples are intended to get you started. While planning
and writing your report, you should
consider additional ways in which energy relates to your
assigned PlaNYC component.