Please enable JavaScript.

Coggle requires JavaScript to display documents.

Corrections (history of corrections (penitentiary (New York System…

- - - - separate system
      - Quaker idea of reformation through isolation and repentance
    - - congregate system
      - isolated at night, work together during the day
      - began contract labor system involving inmates
  - - - inmate change rewarded by release
      - indeterminate sentencing
      - separation of sexes, juveniles
    - - marks system
  - - - medical/psychological treatment
      - vocational training
      - education
  - - - civil rights movement
      - Vietnam war
  - - - longer sentences
      - mandatory sentences
      - 3 strikes legislation
      - greater us of incarceration
- - - - grace
        
        parole granted by grace of the state, can be retracted
      - contract
      - custody
  - - - strict imprisonment
      - labor on chain gang
      - limited freedom
      - ticket of leave/conditional pardon
      - full restoration of liberty
    - - ticket of leave transitioned to conditioned-based parole
    - - marks system
  - - - completes maximum court sentence
      - is not supervised in the community
    - - maximum minus good time, or a percentage of full sentence is served
      - released conditional parole supervision
    - - parole board decision to release to parole supervision within indeterminate sentencing states
    - - furloughs, home supervision, probation, emergency release, compassionate release
  - - - keep community safe
      - enforce conditions of release
      - may search without notice/warrant
      - arrest without bail for suspected violations
    - - assist with housing/employment
      - liaison between parolee/community
      - build relationships for success
  - - - Morrissey v Brewer (1972)
        
        2 step revocation process
        
        hearing to determine probable cause
        
        parole board determines if violation, response
    - - attempt to keep parolee in community
- - - - approximately 152,000 inmates over 55
      - increased cost due to medical needs, security needs
      - average cost ~$69,000/year (3x the cost of a younger inmate)
      - special programming and environment needs
    - - 1.6% of state prison inmates
        
        estimate may be low due to low testing
      - decline in AIDS related deaths due to treatment improvement
      - increased medical costs
      - programming education
    - - deinstitutionalization of mental health care
        
        increase in use of prescription medication
        
        outpatient care with meds is less expensive
      - influx of mentally ill into cjs
      - issues of...
        
        cost
        
        security
        
        psychiatric units
    - - 20+ years: natural life
      - transition into elderly inmates
      - issues of...
        
        mental health
        
        programming
        
        connection to community
  - - - function of the deprivation experienced while in prison
      - "us v them"
    - - doing time
        
        come in, mind own business, leave
      - gleaming
        
        taking every opportunity available
      - jailing
        
        just another stop in criminal career
      - disorganized
        
        don't know how to act/react
  - - - goods
      - services
  - - - age
      - race
      - mental illness
    - - prisoner/prisoner
      - prisoner/officer
      - officer/prisoner
    - - adequate supervision
      - architectural design
      - reducing availability of weapons
      - proper use of classification
      - avoid overcrowding
- - - - John Augustus, Boston, 1841
      - first statewide system in Massachusetts, 1880
      - 21 states by 1920, 44 by WWII
      - began as a second chance
    - - centralized (state) / decentralized (county)
      - works best with solid working relationship between judge and supervising officer
    - - attend court
        
        new PSIs requested
        
        update or modification hearings
        
        revocation
        
        technical violation
      - write presentence reports
      - supervision of clients
        
        home, work, etc
  - - - requires telephone service
      - costly to offender
      - high failure rates
    - - daily check-ins
      - often require programming
    - - probation supervision
      - institutional diversion
    - - shock incarceration
      - youthful offenders
      - resolve discipline issues
      - decline in use since 2000s
  - - - different from fines because it goes to victim
    - - confiscation of goods obtained from/associated with the crime
        
        police auctions
  - - - so many variations of sanctions, it's rare that someone doesn't get some type of punishment
- - - - "slave to state"
      - "civil death"
      - courts didn't deal with issues of inmates' treatment
    - - Cooper v Pate (1964)
        
        use of Civil Rights Act of 1871 to access federal court as a state inmate
        
        sue in regard to treatment, nutrition, medical care, etc
    - - Procunier v Martinez (1974)
        
        mail censorship only with demonstration of compelling gov't interest
      - Turner v Safley (1987)
        
        may restrict mail between inmates at different institutions
      - Religious Freedoms Restitution Act & Religious Land Use and Institutionalized Persons Act
        
        right to practice faith within prisons
    - - Hudson v Palmer (1984)
        
        may search cells and confiscate without suspicion of wrongdoing or justification
      - Bell v Wollfish (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 jails under minor offenses
    - - punishment shocks conscience civilized society
      - unnecessarily cruel
      - is beyond legitimate penal aims
      - totality of conditions
        
        individual conditions creating an environment that is cruel and unusual
    - - due process: Wolf v McDonnell (1974)
        
        basic procedural right in disciplinary hearing, sanctions
      - equal protection: Lee v Washington (1968)
        
        discrimination cannot be official policy
  - - - Griffin v Wisconsin (1987)
      - Samson v California (2006)
    - - Morrissey v Brewer (1972)
        
        establish due process for parolees
      - Gangon v Scarpelli (1973)
        
        establishes due process for those on probation
- - - - custody/possession of inmates
      - must keep them safe from each other/themselves
    - - access to programs to improve selves
      - ex: addiction counseling, parenting classes, etc
    - - when a person comes into the facility, the goal is to help them prepare to re-enter society
  - - - clients are not there willingly
      - cannot select clients
      - must rely on client for...
        
        daily operation
        
        obedience
  - - - group ruled by administrators, little say in anything, take away clothes/belongings - given uniform/number
    - - attempt to maintain obedience, but scope of what can be offered is limited
    - - "if you do this, I'll do this/you'll get that"
    - - could result is issues with inmate culture
- - - - Massachusetts Stubborn Child Law (1646)
        
        "evil child"
        
        discipline as hands of family, law if not able
    - - houses of refuge/reform schools
      - child is helpless
      - requires supervision and care
      - same criminal justice procedure used for adults
    - - creation of separate court system for juveniles
      - Illinois Juvenile Court Act (1899)
      - term "delinquent"
    - - refinement of the court process and rights of juveniles
        
        counsel
        
        face accuser
        
        adequate notice
    - - harsher punishment for juveniles
      - support of waiver to adult court
    - - rehabilitation of juvenile, family
  - - - 60% of population
    - - community corrections
      - community service
      - restitution
      - fines
    - - residential treatment programs
      - detention/incarceration
- - - - 8th amendment issue
      - way state statutes were written was considered cruel and unusual
      - states rewrote statues
    - - use of aggravating and mitigating circumstances to determine use of execution
      - bifurcated process
        
        innocent phase - punishment phase
    - - racial discrimination issue of legislature
    - - no execution of developmentally disabled
    - - no execution of offenders under 18