Concept Map 4: Corrections (Constitutional rights of Prisoners (Cooper v.…
Concept Map 4: Corrections
Corrections Reform in the United States
The Pennsylvania System
Thought that criminals should be placed in penitentiaries, isolated from society.
Separate confinement- A penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from other inmates. All Activities including craftwork, took place in the cells.
The Five Principles of Separate Confinement
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 are by nature 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.
From 1776 to 1830, a reform on the correction system took place, focusing on an optimistic view on human nature, thus creating more humane ways of punishments, which focused on reforming the criminal.
The New York System
Congregate system- A penitentiary system, developed in Auburn, New York, 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 silence.
Contract Labor System- A system under which 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.
Prisons in the South and West
Lease system- A system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their laborl
Within the nineteenth century, penitentiaries were overcrowded, understaffed, minimally financed, along with a corrupt administration.
Replaced fixed sentences, if the inmates provide some sort of proof of reformation.
Reformatory- An institution that emphasizes training, a mark system of classification, indeterminate sentences, and parole.
Mark System- A point system in which prisoners can reduce their term of imprisonment and gain release by earning "marks," or points, through labor, good behavior, and educational achievement.
A model of corrections that emphasizes the need to restore a convicted offender to a constructive place in society through some form of vocational or educational training or therapy.
A model of corrections based on the goal of reintegrating the offender into the community.
A model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment.
Crime Control Model
A model of corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision.
Organization of corrections in the United States
Federal Corrections System
Federal Bureau of Prisons
Responsible for prisons all across the US, which contain 80% of all incarcerated individuals
Federal probation and parole supervision
State Corrections Systems
State Prison Systems
State institutions for Women
Constitutional rights of Prisoners
Cooper v. Pate- Prisoners are entitled to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement.
Hudson V. Palmer- Prison officials have the authority to search cells and confiscate any materials found.
Eighth Amendment- Prohibition of cruel and unusual punishments
Wolff v. McDonnell- Basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating institutional rules.
Gagnon v. Scarpelli- Before probation can be revoked, a two state 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.
Both of these really go well with the fact that many would consider this era to be the community policing era, thus making these two types of community corrections all the more effective
Goals of Incarceration
Three Models of incarceration.
Custodial model- A model of incarceration that emphasizes security, discipline, and order
Rehabilitation model- A model of incarceration that emphasizes treatment programs to help prisoners address the personal problems and issues that led them to commit crimes.
Reintegration model- A correctional model that emphasizes maintain the offender's ties to family and community as a method of reform, recognizing that the offender will be returning to society.
Recruitment of Officers
Not much appeal to join the field as a correctional officer
Use of force- The five times where it is legally acceptable
Upholding prison rules
Prevention of a crime
Defense of third persons- Defending another officer or prisoners
Prevention of Escapes
The officers role
Their jobs have evolved from just guarding inmates, now to work with them as a supervisor, protector, and counselor at times..
Who is in Prison?
About an equal amount of Whites and African Americans
Most convicts are between 20-49 years of age
About 50% of all incarcerated are in prison due to a violent crime.
Inmate Code- The values and norms of the prison social system that define the inmates' idea of the model prisoner.
Usually cited factors in support of community corrections
Community supervision is cheaper than incarceration.
Rates of recidivism, or returning to crime, for those under community supervision are no higher than for those who go to prison.
Many offenders' criminal records and current offenses are not serious enough to warrant incarceration
Ex-inmates require both support and super vision as they try to remake their lives in the community.
Probation and intermediate sanctions
Probation- A sentence that the offender is allowed to serve under supervision in the community.
Examples of Intermediate sanctions
Fine- 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.
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.
Probation and certain intermediate sanctions can be provided through the process of the plea bargain.
Corrections is one of the three main parts of the criminal justice system