12.2: The Punishment Ladder
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\(\newcommand{\avec}{\mathbf a}\) \(\newcommand{\bvec}{\mathbf b}\) \(\newcommand{\cvec}{\mathbf c}\) \(\newcommand{\dvec}{\mathbf d}\) \(\newcommand{\dtil}{\widetilde{\mathbf d}}\) \(\newcommand{\evec}{\mathbf e}\) \(\newcommand{\fvec}{\mathbf f}\) \(\newcommand{\nvec}{\mathbf n}\) \(\newcommand{\pvec}{\mathbf p}\) \(\newcommand{\qvec}{\mathbf q}\) \(\newcommand{\svec}{\mathbf s}\) \(\newcommand{\tvec}{\mathbf t}\) \(\newcommand{\uvec}{\mathbf u}\) \(\newcommand{\vvec}{\mathbf v}\) \(\newcommand{\wvec}{\mathbf w}\) \(\newcommand{\xvec}{\mathbf x}\) \(\newcommand{\yvec}{\mathbf y}\) \(\newcommand{\zvec}{\mathbf z}\) \(\newcommand{\rvec}{\mathbf r}\) \(\newcommand{\mvec}{\mathbf m}\) \(\newcommand{\zerovec}{\mathbf 0}\) \(\newcommand{\onevec}{\mathbf 1}\) \(\newcommand{\real}{\mathbb R}\) \(\newcommand{\twovec}[2]{\left[\begin{array}{r}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\ctwovec}[2]{\left[\begin{array}{c}#1 \\ #2 \end{array}\right]}\) \(\newcommand{\threevec}[3]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\cthreevec}[3]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \end{array}\right]}\) \(\newcommand{\fourvec}[4]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\cfourvec}[4]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \end{array}\right]}\) \(\newcommand{\fivevec}[5]{\left[\begin{array}{r}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\cfivevec}[5]{\left[\begin{array}{c}#1 \\ #2 \\ #3 \\ #4 \\ #5 \\ \end{array}\right]}\) \(\newcommand{\mattwo}[4]{\left[\begin{array}{rr}#1 \amp #2 \\ #3 \amp #4 \\ \end{array}\right]}\) \(\newcommand{\laspan}[1]{\text{Span}\{#1\}}\) \(\newcommand{\bcal}{\cal B}\) \(\newcommand{\ccal}{\cal C}\) \(\newcommand{\scal}{\cal S}\) \(\newcommand{\wcal}{\cal W}\) \(\newcommand{\ecal}{\cal E}\) \(\newcommand{\coords}[2]{\left\{#1\right\}_{#2}}\) \(\newcommand{\gray}[1]{\color{gray}{#1}}\) \(\newcommand{\lgray}[1]{\color{lightgray}{#1}}\) \(\newcommand{\rank}{\operatorname{rank}}\) \(\newcommand{\row}{\text{Row}}\) \(\newcommand{\col}{\text{Col}}\) \(\renewcommand{\row}{\text{Row}}\) \(\newcommand{\nul}{\text{Nul}}\) \(\newcommand{\var}{\text{Var}}\) \(\newcommand{\corr}{\text{corr}}\) \(\newcommand{\len}[1]{\left|#1\right|}\) \(\newcommand{\bbar}{\overline{\bvec}}\) \(\newcommand{\bhat}{\widehat{\bvec}}\) \(\newcommand{\bperp}{\bvec^\perp}\) \(\newcommand{\xhat}{\widehat{\xvec}}\) \(\newcommand{\vhat}{\widehat{\vvec}}\) \(\newcommand{\uhat}{\widehat{\uvec}}\) \(\newcommand{\what}{\widehat{\wvec}}\) \(\newcommand{\Sighat}{\widehat{\Sigma}}\) \(\newcommand{\lt}{<}\) \(\newcommand{\gt}{>}\) \(\newcommand{\amp}{&}\) \(\definecolor{fillinmathshade}{gray}{0.9}\)The Punishment Ladder
Figure 12.1
Pretrial Release
One of our least punitive steps or the bottom rung of the ladder would be pretrial release. Pretrial release would be considered one of the least severe sanctions because if all conditions are met then they will not be a need for formal trial or a formal conviction.
Fines and Forfeiture
The next rung on the punishment ladder would be fines. While a payment of money may not be pleasant, it does not in any way jeopardize a person’s freedoms or rights. Above fines would be the rung of forfeiture. With forfeiture the individual being punished gives up there right to various equipment, possessions, or paraphernalia and those items are instead given to the state. Typically, one must forfeit their possessions if those possessions were obtained in an illegal manner or through an illegal activity.
Probation
The next rung would be probation. We will discuss probation in more detail a little later in this chapter but basically it is a form of supervision in the community which may also be combined with certain additional requirements that typical citizens do not need to follow such as submitting to drug testing.
Restitution
The next rung would be restitution. Restitution is like a payment of a fine however this payment goes either directly to a victim or into a victim fund. Restitution is thought to be more severe than a payment of fines because it is also an acknowledgment that the offender has harmed another human being.
Intensive Probation
Next on the punishment ladder would be intensive probation. Like the name indicates this is a type of probation which is more intensive—meaning the visits may occur more often—or there may be more conditions that must be met while on probation.
House Arrest
House arrest is next on the ladder. With house arrest an individual is confined in their own home except for certain times when they are allowed to leave such as to attend school or go to work. At all other times they are to remain in their home and there are limits in terms of who can visit and what activities may take place in the home. With house arrest it is the offender who must pay the rent, buy and cook food, and so on rather than the taxpayer if the offender was to be locked up in jail.
Electronic Monitoring
Electronic monitoring is next on the list. As with all of the sanctions they may be combined. Electronic monitoring is usually a form of anklet or bracelet that is securely attached to the offender to monitor their movement or to alert a probation officer if they leave a premise without permission. Electronic monitoring is often combined with house arrest as an electronic way to ensure that the offender is within their home at the times that they are supposed to be in the home.
Residential Community Centers
Residential community centers or treatment programs are next on the ladder. These centers are not as secure as a jail but they are more secure than allowing someone to remain in their own home. These facilities are staffed both night and day and there are a number of rules which must be followed by residents at the center.
Shock Probation
Next is shock probation. The shock referred to here is not electrical but rather psychological. With shock probation an individual may initially be sentenced to a short period in prison. The offender may not realize that they will only spend a short amount of time in prison and instead they are afraid that they will be spending years in prison. The shock happens when they are told weeks after being in prison that they are being considered to be let out within a few months on early probation. It is thought that by spending a few months in prison the shock of that environment will make them thankful for the opportunities they would have in being on probation. By being thankful the offender will be careful to follow all the rules and conditions of probation and cooperate fully with their probation officer. This is kind of like a scared straight program to have them appreciate the opportunity they are given by being on probation.
Prison
The rung above shock probation would be a stay in prison as we discussed in the last chapter.
Image 12.1
Death Penalty
The highest rung on the punishment ladder is the death penalty. The highest punishment is the loss of one’s life.
Image 12.2