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Concept Map 4: Corrections (Doing Time: Ins and Outs of Prison (Long Term…
Concept Map 4: Corrections
History of Corrections
Convict Leasing
"plantation model" of corrections
incorporation of African Americans into corrections system for use of slave labor
post civil war south
"slavery by another name"
Reformatory Movement
Nation Prison Association Meeting in Cincinnati, 1870
indeterminate sentences
separation of sexes
inmate change rewarded by release
Elmira Reformatory (1876)- Zebulon Broway
marks system
1870s-1890s
New York System
Auburn Penitentiary System, New York
isolated at night, work together during the day
pretty much no talking to each other-even when the inmates were together
congregate system
began contract labor system involving inmates
Pennsylvania System
Quaker idea of reformation through isolation and repentance
Walnut Street Jail/Eastern State Penitentiary
First Jail
separate system
priest would walk through the halls praying
single man cells
Rehabilitation
focus on environment and offender rehab
Rehab Via
medical/psychological treatment
vocational training
education
progressive/medical model
medical model is expensive
1930s-1960s
Penitentiary
isolation and labor
reformation via suffering
1790s-1860s
separate vs congregate
Community Model
focus on reintegration and community programming
before Attica no way for prisoners to express how they are being treated
root in civil unrest, distrust of government
Civil Rights Movement
Vietnam War
distrust of authority
1960s-1970s
Colonial Period
Incorporated fines and corporal punishment (physical punishment)
rooted in philosophy
based on Anglican Code
1600s-1700s
Crime Control
"Nothing Works"-Martinsen
Get Tough on Crime
longer sentences
mandatory sentences
3 strikes legislation
greater use of incarceration
state and federal prison populations have gone up starting in the 1970s
1970s-2000s
Jail and Prisoner Rights
First Amendment
Turner v Safley (1987)- may restrict mail between inmates at different institutions
Religious Freedom Restoration Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RlUIPA)
Procunier v Martinez (1974)- mail censorship only with demonstration of compelling government interest
Fourth Amendment
Bell v Wolfish (1979)- body searches permissible to fit institutional need and where not used to degrade
Florence v Board of Chosen Freeholders (2012)- may strip search those entering jail under minor offenses
Hudson v Palmer (1984)- may search cells and confiscate without suspicion of wrongdoing or justification
Cooper v. Pate
ends hands off period
uses civil rights act of 1871, section 1983 to access federal court as a state inmate
inmates could now use section 1983 to sue in regard to condition, treatment, nutrition, medical care
Eighth Amendment
is beyond legitimate penal aims
totality of conditions
unnecessary cruel
deliberate indifference
punishment shocks conscience civilized society
Inmates Rights
hands-off period: prior to 1960s -"civil death" (nothing to do with physical contact
Prisoner's Rights Era: 1960s-1980s- begins with Cooper v Pate (1964)
Fourteenth Amendment
Due Process-Wolff v McDonnel (1974)- basic procedure right in disciplinary hearing, sanctions
Equal Protections- Lee v Washington (1968)- discrimination cannot be official policy
What is a Jail?
holding facility for state or federal
3,376 jails in the USA
primarily county control
BOP operates 12
executes sentences of misdemeanants
13,500 police lockups (temporarily holdings)
holds those awaiting trial
if you break parole you stay here until your trial
Community Corrections
Search
Griffith v Wisconsin (1987)
Samson v California (2006)
Due Process- Revocation
Morrissey v Brewer (1972)
Gangon v Scaipelli (1973)
conditions of supervision may supersede rights
Incarceration and Prison
Prison as an Institution
different than other institutions/organizations
officers
the clients are different because they DO NOT want to be there
don't have willing clients
cannot select clients
clients are there against their wishes
must rely on client for
daily operation
compliance
the warden is the head of the prison
Use of Force
upholding prison rules
prevention of a crime
defense of another
prevention of escape
deadly force?
tower guards are the only people to have guns in the prison
What do cops have on them in prisons?
NO GUNS- having guns could be very dangerous for the cops as well as the inmates
have to wait for a team to serve as backup to help them in forceful situations
pepperspray, handcuffs, radio phone
self defense
Goals of Incarceration
rehabilitation model- they come get their certain treatment and leave
custodial model- keeping the offenders or holding them
reintegration model- from the time they step into the door and are preparing them for when they step out of the door of the prison
Challenges
rewards and punishments keep a balance
exchange relationships
defects of total power
inmate leadership
cliques start to form/ both negative and positive
throws curve ball into/ not dealing with sheep
Doing Time: Ins and Outs of Prison
Long Term Prisoners
transition into elderly inmates
issues of
mental health
programming
connection to community
20+ years; natural life
more high stress situations
programs that connect inmates to the prisoners; help them give back for the bad things they have done
Special Populations
prisoners with HIV/AIDS
prisoners who are mentally ill
elderly prisoners
long-term prisoners
Mentally Ill Inmates
deinstitutionalized of mental healthcare
increase in use of prescription medication
outpatient with medicine is less expensive
influx of mentally ill into CJS
revolving door
issues of
cost
regards to medicine and individuals who can help with medicines (doctors)
security
increased use of force with these inmates
psychiatric
facilities weren't able to house those with severe mental health issues
the environment is very stressful for these inmates
Prison Proper
stripped of identity
new subculture
Adaptive Roles
doing time
gleaning = opportunities within the prison
jailing =stopping through
disorganized = little bit of everywhere
LOTS OF RULES
Inmate Code
created within the prison
imported
Inmates with HIV/AIDS
decline in AIDS related deaths due to treatment improvements
increased medical costs
1.6% of stare prison inmates
may be lower estimate due to lack of testing
programming education
Prison Economy
result of deprivation
legitimate channels of obtaining goods is monitored/restricted
bartering system of goods and services
debt is used as a lever
Elderly Inmates
increased cost due to medical and security needs
average $69,000 per year which is about 3 times the cost of younger inmates
approx. 152,000 inmates over age 55
programming and environmental needs
Violence in Prison
types
prisoner v officer
prisoner v prisoner
this is what we think of the most
officer v prisoner
not the correct use of force/ officers mistreating prisoners
stabbings don't happen as often like squabbles or verbal fights do
influential characteristics of prisons/prisoners
race
mental illness
age
officers are much more precautious than they would be in their everyday life
Classification
Based Upon
education
ability to work
risk to security
readiness/ time to release
aging out = less likely to commit a crime when you are older
How do we decrease prison violence?
reducing availability of weapons
proper use of classification
architectural design
avoid overcrowding
there is an acceptable amount of crowding
adequate supervision
Who is in Prison
Age
40-49-24%
50-59-12%
30-39-30%
80 or older-4%
20-29-29%
younger than 20- <2%
Education
High School Grad- 49%
Some High School- 26%
Some College or More- 11%
8th Grade or Less- 14%
Race
Hispanic- 21%
African American- 38%
Other- 6%
White- 35%
Current Offense
Property- 18%
Drugs- 17%
Violent- 51%
Public Order and Other- 12%
Prison is mainly male
93% male and 7% female
Probation and Intermediate Sanctions
Why Community Connections?
less expensive than incarceration (varies by type)
recidivism rate for community corrections are no worse than incarceration
records/offenses not serious enough to merit incarceration
re-entry into the community requires both support and supervision to be successful
Probation
History of Probation
21 states by 1920
44 states by start of WWII
first statewide system in Massachusetts,1880
began as second chance, evolved to supervision and service provision
John Augustus, Boston 1841
now incorporates risk assessment
Probation Administration
Centralized
state runs probation
Decentralized
county level and affiliated with county court system
Indiana is a decentralized system
different depending on where you live
works best with solid working relationship between judge and supervising officer
What does a Probation Officer Do?
write presentence reports
supervision of clients
home
work
attend court
new PSI requested
update modification hearings
revocation
technical violation
Intermediate Sanctions
Intermediate Sanctions by Institutions and Community
Boot Camps
youthful offenders
resolve "discipline issues"
shock incarceration
decline in use since 2006
Concerns of Implementation
which offenders should be admitted?
net-widening
which agencies should handle sanctions?
Intermediate Sanctions by the Community
Day Reporting
daily check ins
often require programming
Community Service
home confinement
costly to offender
high failure rate
requires telephone service
Intensive Supervision Probation (ISP)
probation diversion
institutional diversion
Intermediate Sanctions by Judiciary
Forfeiture
anything bought with what is assumed to be illegal money can be taken away from the people; if it wasn't it has to be returned
Restitution
in some way paid to the victim rather than the court
Fines
paid to the court
Re-Entry Into the Community
Release Mechanisms
Expiration Release- computes maximum court sentence
is not supervised in the community
Mandatory Release- maximum minus good time or a percentage of full sentence is served
released conditional parole supervision
Discretionary Release- parole board decision to release to parole supervision within indeterminate sentencing states
Other Conditional Release- furloughs, home supervision, probation, emergency release, compassionate release, among others
Challenges for Paroles
employment
housing
small amount of money
stigma/labeling
few belongings
stress and sobriety
Origins of Parole
Maconochie- British parole colonies in Tasmania
labor on chain gang
limited freedom
strict imprisonment
ticket to leave/ conditional pardon
full restoration of liberty
Crofton- Ireland
ticket of leave transitioned to condition based parole
Brockway- Elmira Reformatory, NY
Parole Agent
As A Cop
enforce conditions of release
may search without notice or warrant
keep community safe
arrest without bail for suspected violations
As A Social Worker
assist with housing, employment
liaison between parole and the community
build relationships for success
Parole
conditional release of offender from incarceration, but not from legal custody of the state
3 Base Concepts
grace
contract
custody
Revocation of Parole
New Crime
Technical Violation- Moirrissery v Brewer(1972)
2 step revocation process
hearing to determine probable cause
parole board determines if violation and response
use of intermediate sanctions
attempt to keep parole in community
Institutional Re-Entry
implementation of prep programs in the facility
half-way houses, work release programs in the community
reduce by moving offenders to the community
This concept map connects with the first three maps we have done by in someway they all effect whether or not someone could get the chance at parole. The courts decide whether someone has to go to jail and if someone is in jail and is doing well and gets released they will end up serving probation.
Juvenile Justice
Juvenile Rights Period
counsel
face accuser
refinement of the court process and rights of juveniles
adequate notice
1960-1980
Crime Control Period
harsher punishment for juveniles
support of waiver to adult courts
1980-2005
Juvenile Court Era
creation of separate court system for juveniles
Illinois Juvenile Court Act (1899)
1899-1960
term "delinquent"
"Kids Are Different" Period
2005-present
rehabilitation of child; family
Refuge Period
houses of refuge/reform schools
child is helpless
1824-1899
requires supervision and care
same criminal justice procedure used for adults
Categories of Cases
PINS- person in need of supervision (services)
neglected child
delinquent child
dependent child
Puritan Era
Massachusetts Stubborn Child Law (1646)
"evil " child
discipline at hands of the family/law if not able
the puritans looked at kids as mini adults
1645-1824
Correctional Options
Intermediate sanctions
community service
restitution
community corrections
fines
custodial care
residential treatment programs
detention/incarceration
probation- 60% of population
outpatient treatment/aftercare