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Chapter's 10-12 Corrections Module (Chapter 11: Incarceration &…
Chapter's 10-12 Corrections Module
Chapter 10: Corrections
Organization of Corrections in the U.S.
Federal Corrections System
Security levels range from 1-5, with 1 being the least secure and 5 the most secure.
Levels 2-4 are other penitentiaries, administrative institutions, medical facilities, and specialized institutions for women and juveniles
Federal judiciary appoints probation officers who serve the court
Assist with presentence investigations but focus primarily on supervising offenders on probation and those released on parole or by mandatory release
State Corrections Systems
40 states have created prisons that exceed max. security
Surrounded by stone walls with guard towers, double rows of chain link fences with roles of razor wire in between/along the tops of fences
Medium security prison places greater emphasis on work and rehabilitative programs
Minimum security prison houses the least violent offenders, long term felons with clean disciplinary records, and inmates who have nearly completed their terms
The Law of Corrections
Hands off Policy:
Judges should not interfere with the administration of correctional institutions
Constitutional Rights of Prisoners
Cooper v Pate (1964):
Prisoners are entitled to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement
First Amendment
Fourth Amendment
Hudson v Palmer (1984):
Prison officials have the authority to search cells and confiscate any materials found
Eight amendment
Fourteenth Amendment
Due Process in Prison Discipline
Wolff v McDonnell (1974):
Basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating institutional rules
Law and Community Corrections
Morrissey v Brewer (1972):
Due process rights require a prompt, informal, 2 stage inquiry handled by an impartial hearing officer before parole may be revoked. The parole may present relevant information and confront witnesses
Gagnon v Scarpelli (1973):
Before probation can be revoked, a 2 stage hearing must be held and the offender must be provided with specific elements of due process. Requested counsel will be allowed on a case by case basis
Development of Corrections
Corrections
: The variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses
Invention of the Penitentiary
Penitentiary:
Institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform
Penitentiary Act of 1779 called for the creation of a house of hard labor where offenders would be imprisoned for up to 2 years. The institution was based on 4 principles
A secure and sanitary building
Inspection to ensure that offenders followed the rules
Abolition of the fees offenders were charged for their food
A reformatory regime where prisoners were to be confined to individual cells at night
Reform in the United States
Reformatory:
An institution that emphasizes training, a mark system of classification, indeterminate sentences, and parole
Mark System:
Point system in which prisoners can reduce their term of imprisonment and gain release by earning "marks"/points through labor, good behavior, and educational achievement
The Pennsylvania System
Separate Confinement:
A penitentiary system in which each inmate was held in isolation from other inmates. All activities take place in the cells.
Based on 5 principles
Prisoners would not be treated vengefully but should be convinced, through hard and selective forms of suffering, that they could change their lives
Solitary confinement would prevent further corruption inside prison
In isolation, offenders would reflect on their transgressions and repent
Solitary confinement would be punishment, because humans, by nature, are social animals
Solitary confinement would be economical, because prisoners would not need a long time to repent, and so fewer keepers would be needed and the cost of clothing would be lower
The New York System
Congregate System:
Penitentiary system in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of science
Contract Labor System
: Inmates labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made salable products in the institution
Rehabilitation Model's
2 main strategies
Improving conditions in social environments that seemed to be the breeding grounds of crime
Rehabilitating individual offenders
Community Corrections:
Based on the goal of reintegrating the offender into the community
Rehabilitation Model:
Emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational/educational training/therapy
Medical Model:
Based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment
Crime Control Model:
Based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision
Chapter 11: Incarceration & Prison Society
Tie to module 1, 2, and 3: These are the next steps after the action has taken place (module 1), arrest and rights have been read (module 2), and the sentence has been determined (module 3). The convicted person is now apart of the prison world.
Correctional Officers: The Linchpins of Management
The Officer's Role
Expected to counsel, supervise, protect, and process inmates
Recruitment of Officers
States generally require new recruits to complete a preservice training program
New officers are placed under the supervision of an experienced officer and learns the necessary techniques and procedures through encounters with inmates
Classroom work includes learning about report writing, communicable diseases, inmate classification, self defense, and the use of force
Use of Force
Only 5 situations in which the use of force is legally acceptable
Self Defense
Defense of 3rd Person: protecting inmate or another officer
Upholding Prison Rules: to maintain safety and security
Prevention of a Crime
Prevention of escapes
Who is in Prison?
Elderly Prisoners
States have created "geriatric prisons" designed for prisoners who need a nursing home/long term care
While in prison elders have better health care and will live a longer life than if they were discharged and living in poverty
Prisoners with HIV/AIDS
The number of HIV positive inmates is low because not all states conduct mandatory testing of inmates
Officials can develop policies on methods to prevent transmissions of disease, housing arrangements, and medical care
Prisoners who are Mentally Ill
Most corrections have mental health units
Inmates with psychiatric disorders live with the general population and are often teased
This deepens their depression intensifies delusions, leads to mental breakdowns, and often times drives them to commit suicide
Long Term Prisoners
Generally not seen as control problems
To make long terms bearable:
Maximize opportunities for inmates to exercise choice in their living circumstances
Create opportunities for meaningful living
Help maintain contact with the outside world
Governing a Society of Captives
Rewards and Punishments
Power of officers to force compliance with rules is limited
Cooperative inmates receive rewards such as choice job assignments, residence in the honor unit, and favorable parole reports
Because inmates already lack freedoms, punishments do not mean much
Gaining Cooperation: Exchange Relationships
Officers obtain inmate cooperation by tolerating minor rule infractions in exchange for compliance
-Officers need the cooperation to look good to their superiors and inmates count on the officers to relax the rules or look the other way
The Convict World
Inmate Code:
Values and norms of the prison social system that define the inmates' idea of the model prison
Adaptive Roles
Doing Time
View their prison term as a break
Avoid trouble by living by the inmate code, form friendships, generally do what they think is necessary to survive and get out asap
Gleaning
Take advantage of prison programs to better themselves and improve prospects for success after release
Jailing
Cut themselves off from the outside world
Often youth who have spent a lot of time in institutionalized settings and identify little with the values of free society
Become key figures in the politics and economy of prison life
Disorganized Criminal
Low intelligence, psychological/physical disabilities
The Prison Economy
Commissary (store) where inmates can buy a limited number of essential items in exchange for credits on their "bank accounts"
Underground economy created to provide more options of goods available to inmates
Prison Organization
3 models of incarceration, each associated with one style of institutional organization
Custodial:
Emphasizes security, discipline, and order
Rehabilitation:
Emphasizes treatment programs to help prisoners address the personal problems and issues that led them to commit crimes
Reintegration:
Emphasizes maintaining the offender's ties to family and community as a method of reform, recognizing that the offender will be returning to society
Women in Prison
The Subculture of Women's Prisons
Relationships are more voluntary
Form pseudofamilies (like OITNB) in which they adopt various roles and interact as a unit instead of identifying with the larger subculture
Male vs Female Subcultures
Over half of male inmates but only a 3rd of female inmates are serving time for violent offenses
There is less violence in women's prisons
Men's population are divided by security level, but most women serve time in facilities where the entire population is mixed
Men tend to segregate themselves by race
Men rarely become intimate with the officers, whereas many women share their lives
Issues in the Incarceration of Women
Sexual Misconduct
Medical Services
Lack of medical staff, often dismiss gynecological needs as "unimportant"
Separation from children
Goals of Incarceration
"To keep prisoners- to keep them in, keep them safe, keep them in line, keep them healthy, and keep them busy- and to do it with fairness, without undue suffering, and as efficiently as possible"
Violence in Prison
Assaultive Behavior and Inmate Characteristics
Age
Young men 16-24, both inside and out, are more prone to violence
Younger inmates face a greater risk of being victimized
Race
America is still racist, therefore there will always be race issues
Mental Illness
More likely to be victimized because of their disabilities
Prisoner-Prisoner Violence
Prison gangs and prison rape
Prisoner-Officer Violence
Violence against officers typically occur in specific situations and against a certain individual
Officer-Prisoner Violence
Officers are more likely to victimize inmates who are male, not white, and who are confined in max. security institutions
Decreasing Prison Violence
Have adequate supervision
Architectural design that doesn't have many secluded spaces
Decrease availability of deadly weapons
Don't have violent inmates near defenseless inmates
Reduce high levels of tension
Chapter 12: Probation & Intermediate Sanctions
Probation: Correction without Incarceration
Probationers live at home and work regular jobs, but they must follow strict rules
Report regularly to probation officer, submit and pass drug tests, obey curfews, stay away from certain people/parts of town
Significantly less expensive than imprisonment
Community Justice:
Emphasizes reparation to the victim and the community, a problem solving perspective with regard to crime, and citizen involvement in crime prevention
Revocation and Termination of Probation
Probation ends in 1 of 2 ways
The person successfully completes the period of probation
Probationary status is revoked because of misbehavior. Revocation of probation typically occurs because of a new arrest or because of a
Technical Violation: Failure to abide by the rules and conditions of probation (specified by the judge)
Intermediate Sanctions in the Community
Intermediate Sanctions Administered Primarily by the Judiciary
Fines:
A sum of money to be paid to the state by a convicted person, as punishment for an offense
Restitution:
Repayment- in the form of money or service- by an offender to a victim who has suffered some loss from the offense
Forfeiture:
Government seizure of property and other assets derived from or used in criminal activity
Intermediate Sanctions Administered in the Community
Home Confinement:
A sentence requiring the offender to remain inside his or her home during specified periods
Community Service:
A sentence requiring the offender to perform a certain amount of unpaid labor in the community
Day Reporting Center:
A community correctional center where an offender reports each day to comply with elements of a sentence
Intensive Supervision Probation (ISP):
Probation granted under conditions of strict reporting to a probation officer with a limited caseload
Intermediate Sanctions Administered in Institutions and the Community
Boot Camp:
A short term institutional sentence, usually followed by probation, that puts the offender through a physical regimen designed to develop discipline and respect for authority. Also referred to as shock incarceration
Implementing Intermediate Sanctions
3 major questions have emerged about implementation
Which agencies should implement the sanctions?
Which offenders should be admitted to these programs?
Will the "community corrections net" widen as a result of these policies so that more people will come under correctional supervision?
Net Widening:
Process in which new sentencing options increase rather than reduce control over offenders' lives
Critics of intermediate sanctions argue that they have created the following
Wider Nets: Reforms increase the proportion of individuals in society whose behavior is regulated or controlled by the state
Stronger Nets: By intensifying the state's intervention powers, reforms augment the state's capacity to control individuals
Different Nets: Reforms transfer jurisdictional authority from one agency or control system to another
Some have advocated for intermediate sanctions as a less costly alternative to incarceration and a more effective alternative to probation
Community Corrections: Assumptions
Proponents usually cite 4 factors in support of community corrections
Many offenders' criminal records and current offenses are not serious enough to warrant incarceration
Community supervision is cheaper than incarceration
Rates of
Recidivism: Return to criminal behavior
, for those under community supervision are no higher than for those who go to prison
Ex-inmates require both support and supervision as they try to remake their lives in the community