Please enable JavaScript.
Coggle requires JavaScript to display documents.
Corrections (Jail & Prisoner Rights (What is a jail? (3,376 jails in…
Corrections
Jail & Prisoner Rights
What is a jail?
- holds those awaiting trial
- executes sentences of misdemeanants
- holding facility for state, federal
-
- 13,500 police lockups (temporary holding)
-
Common Issues
-
- lack of programming; services
-
-
-
-
1st Amendment
- Procunier v. Martinez (1974) - mail censorship only with demonstration of compelling govt. interest
- Turner v. Safely (1987) - may restrict mail between inmates at different institutions
- Religious Freedom Restoration Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA)
4th Amendment
- Hudson v. Palmer (1984) - may search cells and confiscate with suspicion of wrongdoing or justification
- Bell v. Wofish (1979) - body searches permissible to fit institutional need and when not used to degrade
- Florence v. Board of Chosen Freeholders (2012) - may strip search those entering jail under minor offenses
8th Amendment
- punishment shocks conscience civilized society
-
- is beyond legitimate penal aims
-
-
14th Amendment
- Due Process - Wolff v. McDonnell (1974) - basic procedural right in disciplinary hearings, sanctions.
- Equal protection - Lee v. Washington (1968) - discrimination cannot be official policy.
Community Corrections
- conditions of supervision may supersede rights
- Griffin v. Wisconsin (1987)
- Samson v. California (2006)
- Morrissey v. Brewer (1972)
- Gangon v. Scarpelli (1973)
-
Legal Liability
- Cooper v. Plate (1964)/Section 1983
- Monell v. Dept. of Social Services (1978)
- may sue employee due to violation by agency's "customs and usages"
-
-
- inadequate or insufficient training
- Rarely are payouts large; employees pay personally
Juvenile Justice
Puritan Era
-
- Massachusetts Stubborn Child Law (1646)
-
- discipline at hands of family, law if not able
Refuge Period
-
- Houses of Refuge/Reform Schools
-
- requires supervision and care
- same criminal justice procedure used for adults
Juvenile Court Era
-
- creation of separate court system for juveniles
- Illinois Juvenile Court Act (1899)
-
Juvenile Rights Period
-
- refinement of the course process and rights of juvenile
-
-
-
Crime Control Period
-
- harsher punishment for juveniles
- support of waiver to adult courts
-
Categories of Cases
-
- PINS - person in need of supervision (services)
-
-
Correctional Options
- Probation - 60% of population
-
- residential treatment programs
-
- Outpatient treatment/aftercare
History of Corrections
Colonial Period
-
- incorporated fines, corporal punishment, and fines
- rooted in religious philosophy
-
Penitentiary
-
-
- reformation vis suffering
-
Pennsylvania System
-
- Quaker idea of reformation through isolation, repentance
- Walnut Street Jail/Eastern State Penitentiary
New York System
-
- Auburn Penitentiary, New York
- isolated at night, work together during day
- began contract labor system involving inmates
Convict Leasing
-
- "plantation model' of corrections
- incorporation of African Americans into correction system for use as slave labor
- "Slavery by Another Name"
Reformatory Movement
-
- National Prison Association Meeting, Cincinnati, 1870
- inmate change rewarded by release
-
-
- Elmira Reformatory (1876) - Zebulon Brockway
-
Rehabilitation
-
- progressive/medical model
- focus on environmental and offender rehabilitation
- medical/psychological treatment
-
-
Community Model
-
- root in civil unrest, distrust of government
-
-
- focus on reintegration and community programming
Crime Control
-
- "Nothing Works" - Martinsen
-
-
-
- greater use of incarceration
-
Doing Time
Classification
-
-
-
- readiness/time to release
Special Populations
- approx 152,000 inmates over age 55
- increases cost due to medical needs, security needs
- average cost is $69,000 per year (about 3x cost of younger inmate)
- programming and environmental needs
- 1.6% of state prison inmates
- may be low estimate due to lack of testing
- decline in AIDS related deaths
-
-
- Prisoners who are mentally ill
- deinstitutionalization of mental healthcare
- increase in use of prescription medication
- outpatient w/ meds less expensive
- influx of mentally ill into CJS
-
-
-
- transition into elderly inmates
-
-
Prison Economy
-
- legitimate channels are monitored/restricted
-
-
Violence in Prison
- Influential characteristics of prisons/ prisoners:
-
-
-
-
-
Incarceration & Prison
-
Prison as Institution
- different than other institution/organization - Why?
-
- clients are there against wishes
-
-
-
-
-