Corrections

History of Corrections

Colonial Period

1600-1790s, Based on Anglican Code

Incorporated fines and corporal punishment

Corporal punishment: Whipping, flogging, removal of appendages, Public Humiliation

Rooted in religious philosophy

Penitentiary

1790’s -1860’s

Isolation and labor, Giving these individuals something productive to do

Reformation via suffering- May work inside their cells, some would walk up and down the halls preaching from the bible

Pennsylvania System

Quaker idea of reformation through isolation, repentance
Prisoners lived in their cells. Everything they did was in one cell

New York System

Isolated at night, work together during the day. They have to remain silent all day everyday

Convict Leasing

Post- Civil War south

“Plantation Model” of corrections

Incorporation of African Americans into correction system for use as slave labor

“Slavery by Another Name”
When incarcerated, they considered you legally dead. When they took you in you had no rights. No one cared if they died because they have more inmates to fill their place

Reformatory Movement

1870-1890’s

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National Prison Association Meeting. Cincinnati, 1870

  • Inmate change rewarded by release
  • Indeterminate sentences
  • Given a range of a sentence. If they do something correctly, their sentences can be shortened.
  • Separation of sexes

Rehabilitation

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1930’s-1960’s

  • Progressive / medical model
  • Focus on environmental and offender rehabilitation
  • Rehab via:
  • Medical/ Psychological treatment
  • Vocational training
  • Education

Community Model

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1960’s – 1970’s

  • Root in civil unrest, distrust of government
  • Civil Rights Movement
  • Vietnam War
  • Focus on reintegration and community programming

Crime Control

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1970’s – 2000’s

  • “Nothing Works” – Martinsen
  • Get tough on crime
  • Longer sentences
  • 3 strikes legislation
  • Greater use of incarceration

Jail and Prison Rights

What is a Jail?

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Holds those awaiting trial

o Executes sentences of misdemeanants

o Holding facility for state, federal

o 3,376 jails in US

  • Primarily county control
  • BOP operates 12

o 13,500 police lockups (temporary holdings)

Common Issues

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Conditions

o Lack of programming; services

o Training of staff

o Suicide

o Mental illness

Inmate Rights: A brief history

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Hands off period: prior to 1960’s- slave to state, civil death

o Prisoner’s rights era:

  • 1960s-1980s- begins with Cooper V. Pate (1964)

First Amendment

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Procunier V. Martinez (1974)

  • Mail Censorship only with demonstration of compelling govt. Interest

o Turner V. Safley (1987)

  • May restrict mail between inmates at different institutions

o Religious Freedom Restoration Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA)

4th amendment

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Hudson v. palmer (1984)- may search cells and confiscate with suspicion of wrongdoing or justification

o Bell v. wolfish (1979)- body searches permissible to fit institutional need and when not used to degrade

o Florence v. Board of chosen freeholders (2012)- may strip search those entering jail under minor offenses

8th amendment (cruel and unusual punishment)

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punishment shocks conscience of a civilized society

o unnecessarily cruel

o is beyond legitimate penal aims

o totality of conditions

o deliberate indifference

14th amendment (due process and equal protection)

due process- wolff v. McDonnell (1974)- basic procedural right in disciplinary hearing sanctions


o equal protection- lee v. Washington (1968)- discrimination cannot be official policy

community corrections

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conditions of supervision may supersede rights

o search (parolees are allowed to be searched whenever)

  • Griffith v. Wisconsin (1987)
  • Samson v. California (2006)

o Due process- revocation

  • Morrissey v. brewer (1972)
  • Gangon v. Scarpelli (1973)

Incarceration and prison

Goals of incarceration

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Custodial model- possession of the individual, making sure that they are safe, taken care of, and others are safe from them

o Rehabilitation model- engaging in some activity that causes them to change themselves

o Reintegration model- planning and working with the person from the day they walk in, to the day they walk out; preparing them to get back into society

Prison as institution

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Different than other institution/organization-why?

  • Clientele aren’t willfully there

o Cannot select clients

o Clients are there against wishes

o Must rely on client for:

  • Daily operation
  • Compliance

Challenges

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Defects of total power: the inmates vastly outnumber the people running them. The inmates are needed to run the prison (cooking, cleaning, ect.)

o Rewards and punishments: an attempt to maintain compliance. However, we are limited to both. Cannot punish more than original sentence. They have rights. You can only reward them so far. Can not only allow them to serve 2 rather than 5. Do job assignment awards. Cleanest dorm gets burger king.

o Exchange relationships: giving rewards for good behavior on shift. Ex: going out to yard early. Can lead to bad things. Contraband, inappropriate relationships, looking the other way when inmates miss treat other inmates.

o Inmate leadership: works well if you have a good inmate leader that is willing to work with the jail administration. Can be bad if they are not okay with the jail administration.

o Effects of an institution (the prison environment)

Use of force: when are you allowed to use force

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Self defense

o Defense of another

o Upholding prison rules: levels must be matched. Use force because shirt isn’t tucked. Not okay. Shirt not tucked can search them up against wall.

o Prevention of a crime: need to remove from area, cuff them.

o Prevention of escapes: force is fairly liberal here. Weapons on the towers. Approaching fence may get a warning, on the fence there is a problem.

Doing Time (Ins and Outs of Prison)

Classification

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Based upon:

  • Risk to security
  • Education
  • Ability to work
  • Readiness/ time to release

Elderly inmates

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Approximately 152000 inmates over age 55

o Increased cost due to medical needs, security needs

o Average cost is 69 thousand dollars per year (3x’s the cost of a younger inmate

o Programming and environmental needs

Inmates with HIV/AIDS

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1.6% of state prison inmates

  • may be low estimate due to the lack of testing

o decline in AIDS related deaths due to treatment improvements

o increased medical costs

o programming/education

mentally ill inmates

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deinstitutionalization of medical healthcare

  • increase in use of prescription medication
  • outpatient w/ meds less expensive

o influx of mentally ill into CJS

  • revolving door

o issues of

  • cost
  • security
  • psychiatric units

long-term prisoners

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20+ years; natural life

o transition into elderly inmates

o issues of

  • mental health
  • programming
  • connection to the community

Probation and intermediate sanctions

Why community corrections

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Records/offenses not serious enough to merit incarceration

o Less expensive than incarceration (varies by type)

o Recidivism rate for community corrections are no worse than incarceration

o Re-entry requires both support and supervision to be successful

Probation administration

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Centralized v. decentralized

  • Combined with parole
  • Funding
  • Training
  • Which one is in Indiana?

o Works best with solid working relationship between judge and supervising officer

What does a probation officer do?

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Attend court

  • New PSIs requested
  • Update or modification hearings
  • Revocation
  • Technical violation
  • New offense

o write presentence reports

o supervision of clients

  • home, work

Intermediate sanctions by the judiciary

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Fines

o Restitution

  • How is this different from fines?
  • Paying to fix damages that you caused

o Forfeiture

  • What is this?
  • Taking away something used to break the law

Intermediate sanctions by the community

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Home confinement

  • Requires telephone service
  • Costly to offender
  • High failure rate

o Community service

o Day reporting

  • Daily check-ins
  • Often require programming

o Intensive supervision probation (ISP)

  • Probation diversion
  • Institutional diversion

Concerns of implementation

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Which agencies should handle sanctions?

o Which offenders should be admitted?

o Net-widening

  • When things are black and white (go free or go to prison), its easy to make that decision. Now we have so much punishment that requires many ways of punishment, it is rare that someone doesn’t get punishment.

Re-entry into the community

Parole

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Conditional release of offender from incarceration, but not from legal custody of the state

o Three concepts

  • Grace
  • Contract
  • Custody

Origins of parole

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Maconochie- british penal colonies in tazmania

  • Strict imprisonment
  • Labor on chain gang
  • Limited freedom
  • Ticket of leave/conditional pardon
  • Full restoration of liberty

o Crofton- Ireland

  • Ticket of leave transitioned to condition-based parole

o Brockway- Elmira reformatory, New York

Release mechanisms

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Expiration release- completes maximum court sentence

  • Isn’t supervised by the community

o Mandatory release- maximum minus good time, or a percentage of full sentence is served

  • Released conditional parole supervision

o Discretionary release- parole board decision to release parole supervision within indeterminate sentencing states

o Other conditional release- furloughs, home supervision, probation, emergency release, compassionate release, among others

Challenges for parolees

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Few belongings

o Small amount of money

o Employment

o Housing

o Stigma/labeling

o Stress and sobriety

Parole agent

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As cop

  • Keep community safe
  • Enforce conditions or release
  • May search without notice, warrant
  • Arrest without bail for suspected violations

o As social worker

  • Assist with housing, employment
  • Liaison between parole and the community
  • Build relationship for success

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Revocation of Parole

  • New Crime
  • Technical violation- Morrissey V. Brewer (1972)- two step revocation process
  • Hearing to determine probable cause
  • Parole board determines if violation, and response
  • Use of intermediate sanctions
  • Attempt keep parolee in community

Juvenile Discussion

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Puritan Era

  • 1645-1824
  • Massachusetts Stubborn Child Law (1646)
  • ‘Evil’ child
  • Discipline at hands of family, law if not able

Refuge Period

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1824-1899

  • House of Refuge/Reform School
  • Child is helpless
  • Requires supervision and care
  • Same criminal justice system as used for adults

Juvenile Court Era

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1899-1960

  • Creation of separate court system for juveniles
  • Illinois Juvenile Court Act (1899)
  • Term ‘delinquent’

Crime Control Period

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1980-2005

o Harsher punishment for juveniles

o Support of waiver to adult courts

“Kids are Different” Period

2005-present


o Rehabilitation of child: family

Categories of Cases

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Delinquent Child

o PINS- Person in Need of supervision (services)

o Neglected child

o Dependent Child

Correctional Options

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Probation-60% of population

o Intermediate sanctions

  • Community corrections
  • Community service
  • Restitution
  • Fines

o Custodial Care

  • Residential treatment programs
  • detention/incarceration

o Outpatient treatment/aftercare