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Corrections (Jail & Prisoner Rights (What is a jail?
holds those…
Corrections
Jail & Prisoner Rights
What is a jail?
- holds those awaiting trial
- executes sentences of misdemanats
- holding facility for state, federal
- 3,376 jails in USA
- 13,500 police lockups (temporary holder)
- most people in jail are unconvicted
- most in jail are males
- most are poorly educated
Inmate rights: a brief history
- hands-off period: prior to 1960s- "slave to state" "civil death"
- in reference to whether or not the courts would insert themselves into the dealings of corrections
- prisoner rights era:
1960s-1980s: begins with Cooper v Pate (1964)
Cooper v. Pate:
- ends 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, treatment, nutrition, medical care, etc
1st Amendment:
- Procunier v. Martinez (1974) - mail censorship only with demonstration of compelling govt. interest
- Turner v. Salfey (1987) - may restrict mail between inmates at different institutions
- Religious Freedom Restoration Act & Religious Land Use & Institutionalized Persons Act
4th Amendment:
- Hudson v. Palmer (1984) - may search cells and confiscate without suspicion of wrongdoing or justification
- Bell v. Wolfish (1979) - body searches permissable 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
8th Amendment:
- punishment shocks conscience civilized society
- unnecessarily cruel
- is beyond legitimate penal aims
- totality of conditions
- deliberate indifference
14th Amendment:
- Due Process - Wolff v. Mcdonnell (1974) - basic procedural right in disciplinary hearings, sanctions
- equal protection (Lee v. Washington) - discrimination cannot be official policy
Community Corrections:
- conditions of supervision may supersede rights
- search
- Griffin v. Wisconsin (1987)
- Samson v. California (2006)
- Due Process - Revocation
- Morrissey v. Brewler (1972)
- Gangon v. Scarpelli (1973)
Ins & Outs of Prison
Classification:
Based upon:
- risk to security
- ability to work
- education
- readiness/time to release
Elderly Inmates:
- approx. 152,000 inmates over age 52
- increased cost due to medical needs, security needs
- approx. cost is $69,000 per year
(about 3x of younger inmates)
- programming & environmental needs
Inmates with HIV/AIDS:
- 1.6% of state prison inmates
- may be low estimate due to lack of testing
- decline in AIDS related deaths due to treatment improvements
- increased medical costs
- programming/education
Mentally Ill Inmates:
- deinstituonalization of mental healthcare
- increase in use of prescription medication
- outpatient w/ meds less expensive
- influx of mentally ill into CJS
- issues of: cost, security, psychiatric units
Long-term prisoners:
- 20+ years; natural life
- transition into elderly inmates
- issues of: mental health, programming, connection to community
-
Prison Economy:
- result of deprivation
- legitimate channels are monitored/restricted
- bartering system
- debt as a lever
Violence in prison:
Influential characteristics of prisons/prisoners:
Types:
- prisoner -> officer
- prisoner -> prisoner
- officer -> prisoner
How to decrease prison violence:
- adequate supervision
- architectural design
- reducing availability of weapons
- proper use of classification
- avoid overcrowding
-
-
Juvenile Justice
Puritan Era:
- Massachusetts Stubborn Child Law (1646)
- "evil" child
- discipline at hands of family, law if not able
Refuge Period:
- Houses of Refuge/Reform Schools
- child is helpless
- requires supervision and care
- same criminal justice procedure used for adults
Juvenile Court Era:
- creation of separate court system for juveniles
- Illinois Juvenile Court Act (1899)
- term "delinquent"
Juvenile Rights Period:
- refinement of the court process and rights of juvenile
- counsel
- face accuser
- adequate notice
Crime Control Period:
- 1980 - 2005
- harsher punishment for juveniles
- support of waiver to adult courts
"Kids Are Different" Period
- 2005-present
- rehabilitation of child; family
Categories of cases:
- delinquent child
- PINS - person in need of supervision (services)
- neglected child
- dependent child
Correctional options:
- probation - 60% of population
- intermediate sanctions
- community corrections
- community service
- restitution
- fines
- Custodial care
- residential treatment programs
- detention/incarceration
- Outpatient treatment/aftercare
Reformatory Movement:
- 1870s - 1890s
- National Prison Association Meeting, Cincinnati, 1870
- Elmira Reformatory (1876) - Zebulon Brockway
Rehabilitation:
- 1930s - 1960s
- progressive/medical model
- focus on environmental 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
- get tough on crime
- longer sentences, mandatory sentences, 3 strikes legislation, greater use of incarceration
History of Corrections:
Colonial Period
- based on Anglican case
- incorporated fines, corporal punishment
- rooted in religious philosophy
Penitentiary
- 1790s - 1860s
- isolation and labor
- reformation via suffering
- separate vs congregate
Pennsylvania System:
- separate system
- Quaker idea of reformation thru isolation, repentance
- Walnut Street Jail/Eastern State Penitentiary
New York System:
- congregate system
- Auburn Penitentiary, NY
- isolated at night, work together during day
- began contract labor system involving inmates
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"