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Corrections (History of Corrections (Colonial Period
1600s-1790s
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Corrections
History of Corrections
Colonial Period
- 1600s-1790s
- Based on Anglican code
- Incorporated fines, corporal punishment, and fines
- Rooted in religious philosophy
Penitentiary
- 1790s-1860s
- Isolation & Labor
- Reformation via suffering
- Separate vs Congregate
Convict Leasing
- Post Civil War South
- Plantation model of corrections
- Incorporation of African Americans into correction system for use as slam labor
- Slavery by another name
Pennsylvania system
- Separate system
- Quaker idea of reformation through isolation & repentance
- Walnut Street Jail
Congregate system
- Auburn Penitentiary, New York
- Isolated at night, work together during the day
- Began contract labor system involving inmates
Reformatory Movement
- 1870s-1890s
- National Prison Association meeting, Cincinnati; 1870
- Inmate change rewarded by release
- Indeterminate sentences
- Separation of sexes
- Elmira Reformatory (1876)-Zebulon Brockway
- Marks system
Rehabilitation
- 1930s-1960s
- Progressive/medical model
- Focus on enviormental and offender rehabilitation
- Rehab via: Medical/psychological treatment
- Vocational training
- Education
Community Model
- 1960s-1970s
- Root in civil unrest, distrust of government
- Civil Rights Movement
- Vietnam War
- Focus on reintegration and community programming
Crime Control
- 1970s-2000s
- Nothing works-martinsen
- Get tought on crime
- Longer sentences
- Mandatory sentences
- 3 Strikes legislation
- Greater use of incarceration
Jail & Prisoner Rights
Jail
- Holds those awaiting trial
- holding facility for State,Federal
- 3,376 jails in USA
- Primarily county control
- Bop operates 12
- 13,500 police lockups (temporary holding)
Common issues
- Conditions
- Lack of programming; services
- Training of staff
- Suicide
- Mental illness
Inmate rights
- Hands off period;prior to 1960s-"slave to state""civil death"
- Prisoners rights era:
1960s-1980s begins with Cooper V. Pate (1964)
-
Cooper V. Pate (1964)
- End of "hands off" period
- Uses the civil rights Act of 1871, Section 1983 to access federal court as a state inmate
- Inmates could now use sec.
- 1983 to sue in regard to conditions
1st Amendment
- Procunier v. Martinez (1974)
- Mail censorship only with demonstration of compelling govt. interest
- 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)
4th Amendment
Hudson N. Palmer (1984)-may search cells and confiscate with suspicion of wrong doing or justification
- Bell V. Wolfish (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
-
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
Mentally ill inmates
- deinstitutionalization of mental healthcare
- Increase in use of prescription medication
- Outpatient w/ made less expensive
- Influx of mentally ill into CJS
revolving door
- issue of cost
- security
- psychiatric units
-
Long Term Prisoners
- 20+years;natural life
- transition into elderly inmates
- issues of
mental health
- programming
- connection to community
Parole
- Conditional release of offender from incarceration but not from legal custody of the state 3 base concepts
- graw
- contract, custody
8th Amendment
- Punishment slocks conscience civilized society
- Unnecessarily cruel
- Is beyond legitimate period conditions
- Deliberate indifference