Corrections
periods
Colonial Period
Penitentiary
Convict Leasing
Reformatory movement
Rehabilitation
Community
Crime Control
1600-1790s
based on angelican code
incorporated fines and corporal punishment
rooted in religious philosophy
1790s-1860s
isolation and labor
reformation via suffering
separate vs. congregate
Pennsylvania system
New York system
separate system
Quaker idea of reformation through isolation and repentance
Walnut Street Jail/Eastern State Penitentiary
would have prisoners alone and not allowed to speak to each other while a chaplain would walk down spokes preaching
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congregate system
Auburn penitentiary, New York
isolated at night, working and eating together during the day but not allowed to converse
began as contract labor system involving inmates
first to use striped prison cloths
during this time they lost their rights of citizens and even had several courts uphold this
Post-Civil War south
"plantation" model of corrections
incorporation of African Americans into correction system for use of slave labor
they would make laws specifically to net African Americans to get them into "slavery" again
slavery by another name
1870s-1890s
national prison association meeting, Cincinnati, 1870
inmate change rewarded by release
indeterminate sentences
separation of sexes
elmira reformatory (1876)- Zebulon Brockway
was first to utilize these new steps
started using the mark system
came into middle level of three tier and after time or good behavior would be moved up for early release r could be moved down for bad behavior and have to work back up
1930s-1960s
progressive/medical model
focus on environmental and offender rehabilitation
rehab via
medical/ psychological treatment
vocational training
education
1960s-1970s
root in civil unrest, distrust of government
Civil rights movement
Vietnam war
focus on reintegration and community programming
1970s-2000s
"nothing works" - Martinsen
getting tough on crime
longer sentences
mandatory sentences
3-strike legislation
greater use of incarceration
less rehabilitation and softer thigns
evidence in favor of this was extremely flawed but still used by politicians to show themselves tough on crime
instead just created an extreme rise in population in prison
was during the Bush war on drugs
what are jails?
holds those awaiting trial
executes sentences for mild misdemeanants
holding facility for State, federak
3,376 jails in USA
13,500 police lockups (temporary holdings)
primarily under county control
BOP operates 12
only 40% are in the convicted status, 85.3% are male
African Americans are 35.4%, whites are 47.4%, hispanic is 14.9%
Hands-off period
Prior to the 1960s, "slave to state" " civil death"
Prisoners rights era: 1960's-1980's
begins with Cooper v. Pate (1964)
ends the "hands off" period
uses the Civil rights act of 1871, Section 1983 to access federal court as a states inmate
inmates could now use Sec. 1983 to sue in regard to conditions, treatment, nutrition, medical care, etc
prisoner rights
1st amendment
4th amendment
8th amendment
14th amendment
Procunier v. Martinez (1974) - mail censorship only with demonstration of compelling government interest
Tuner v. Safley (1987) - may restrict mail between inmates at different institutions
Religious freedom Restorative Act (RFRA) and Religious Land Use and Institutionalized Persons Act (RLUIPA)
Hudson v. Palmer (1984) - may search cells and confiscate with suspicion of wrongdoing 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
Punishment chocks concience civlized society
unnecessarily cruel
is beyond legitimate penal aims
totality of conditions
deliberate indifference
Due process- Wolff v. McDonnell (1974)- basic procedural right in disciplinary hearings, sanctions
equal protection- Lee v. Washington (1968)- discrimination cannot be official policy
goals
lots of confinement, wants to make it so no one wants to go there
you do thw crime, you do the time
Custodial model
maintaining corrections, behaviors, inmates, safety of inmates and community
rehabilitation model
gives them the best treatment that is possible (as in they are treated appropriately and taught to be changed) and then released
reintegration model
from time to time they step in they are being prepared to be sent out again
teaching them how to function in life once they get out again
prisons
challenges
defects of total power
rewards and punishment
exchange relationship
inmate relationship
use of force
self defense
defense of another
usually the safest way to resolve an issue is to wait for a team to get there and help
upholding prison rules
usually the rules are there to protect the inmate or others
prevention of a crime
prevention of escapes
usually serious if not deadly force
classification
based on
risk to safety
ability to work
readiness/time to release
elderly inmates
approx. 152,000 inmates over 55
increased cost due to medical and security needs
average cost is $69,000 per year (3x as much for younger)
programming and environment needs
inmates with HIV/AIDS
1.6% of state prison inmates
decline in AIDS related deaths due to treatment improvements
programming/education
mentally ill patients
deinstitutionalization of mental healthcare
increase in use of prescription medication
outpatient with meds is less expensive
influx of mentally ill into Criminal justice system
issues
cost
security
psychiatric units
long term prisoners
20+ years; natural life
transition into elderly inmate
issues
mental health
programming
connection to community
prison proper
inmate code
adaptive roles
doing time
gleaning
jailing
disorganized
prison economy
result of deprivation
legitimate channels are monitored/restricted
betering system
goods
services
debt as a lever
community corrections
history
john agustus, Boston 1841
first statewide system in Massachusetts, 1880
21 states by 1920
44 states by beggining of WWII
began as a second chance, evolved to supervisio and serviceprovision
administration
central vs. decentralized
combined with parole
funding
training
works best with solid working relationship between judge and supervising officer
officer tasks
attend court
supervision of clients
write presentence reports
new PSIs requested
update or modification hearings
revocation
technical violation
penalties
fines
restitution
forfeiture
types
home confinement
requires telephone service
costly to offender
high failure rate
community service
daily reporting
daily check-ins
often require programming
intensive Supervision Probation (ISP)
probation diversion
institutional diversion
boot camps
shock incarceration
youthful offenders
resolve "discipline issues"
decline in use since 2000's
re- introduction
institutional reentry
reduce cost by moving offenders to the community
implementation of prep programs in the facility
halfway houses, work release programs in the community
parole
conditional release of offender from incarceration, but not from legal custody of the state
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three base concepts
grace
contract
custody
origins
maconochie- british penal colonies in Tazmania
crofton - Ireland
ticket of leave transitioned to condition-based parole
strict imprisonment
labor on chain gang
limited freedom
ticket of leave/ conditional pardon
full restoration of liberty
types of release
expiration release- completes maximum court sentence
mandatory release- maximum minus good time, or a percentage of full sentence is served
discretionary release- parole board decision to release to parole supervision within indeterminate sentencing states