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Chapter 11-15 (Death Penalty: Punishment and Sentencing (Methods of…

- - - - Furman v. Georgia (1972)- 8th Amendment issue.
        Gregg v. Georgia (1976)- Use of aggravating and mitigating circumstances; bifurcated process
        McClesky v. Kemp (1987)- Racial discrimination issue of legislature
        Atkins v. Virginia (2002)- No execution of developmentally disable
        Roper v. Simmons (2005)- No execution of offenders under 18
      - What are the arguments for and against the Death Penalty?
        
        For: Justice and Eye for a eye. Against: Expensives
- - - - 1790s-1860s. Isolation and labor.
        Reformation via suffering.
        Separate vs. Congregate
      - Pennsylvania System
        
        Separate system.
        Quaker idea of reformation through isolation repentance.
        Walnut Street Jail (1st jail in U.S.)/Eastern state Penitentiary (single men cells)
        
        New York System
        
        Congregate system.
        Auburn Penitentiary, New York.
        Isolated at night, work together during the day.
        Began contract labor system involving inmates
        
        Convict Learning
        
        Post-Civil war south- Have no rights; "Slaves to the state".
        "Plantation model" of the corrections.
        Incorporation of African Americans into correction system for use as slaves labor
        "Slavery by Another Name "
        
        Reformatory Movement
        
        1870s-1890s.
        National Prison Association Meeting Cincinnati 1870: Inmates change rewarded by release, Indeterminate sentences, and Separation of sexes.
        Elmira Reformatory (1876)- Zebulon Brockway: Marks system (3 tier system; Started at middle; went up and down depending on rehabilitation)
        
        Rehabilitation
        
        1930s-1960s.
        Progressive/medical model.
        Focus on environmental and offender rehabilitation.
        Rehab via: Medical/Psychological treatment, Vocational training, and Education.
        
        Community Model
        
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- - - - Hands-off period (Courts didn't believe issues coming out of correction is their jurisdiction): Prior to 1960s-"Slave to state" "Civil death".
        Prisoner's rights ear: 1980s-begins with Cooper v. Pate (1964).
      - Cooper v. Pate (1964)
        
        End 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
        
        Procumier v. Martinez (1974)-Mail censorship only with demonstration of compelling govt. interest.
        Turner v. Safley (1987)- May restrict mail between inmates at different institutions
        Religious Freedom Restoration Act (RFRA) and Religious Land Use & Institutionalized Persons Act (RLUIPA)
        
        4th Amendment
        
        Hudson v. Palmer (1984)- May search cells and confiscate with suspicion of wrong doing 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
        
        8th Amendment
        
        Punishment shocks conscience civilized society, Unnecessarily cruel, Is beyond legitimate penal aims, Totality of conditions, and Deliberate indifference.
        
        14th Amendment
        
        Due Process- Wolff v. McDonnell (1974)- Basic procedural right in disciplinary hearings, sanctions.
        Equal Protection- Lee v. Washington (1968)- Discrimination cannot be official policy
        
        Community Corrections
        
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- - - - Different than other institution/organization.
        Why?- People don't want to be there, don't have a choice. Cannot select clients.
        Clients are there against wishes.
        Must rely on client for: Daily operation- inmates do all the work and Compliance- Outnumber (Police (less) v. Inmates(more))
      - Challenges
        
        Defects of total power, Rewards and punishments, Exchange relationships, and Inmate leadership.
        
        Use of Force
        
        Self defense, Defense of another, Upholding prison rules, Prevention of a crime, and Prevention of escapes
- - - - Approx. 152,000 inmates over age 55.
        Increased cost due to medical needs, security needs.
        Average cost is $69,000 per yr. (about 3x cost of younger inmates)
        Programming and 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 cost and Programming/education
        
        Mentally ill inmates
        
        Deinstitutionalization of mental healthcare: Increase in use of Prescription medication and Outpatient with meds less expensive.
        Influx of mentally ill into CJS: Revolving door- Too many offenders are failing to stop their life of crime
        Issues of: Cost, Security, and Psychiatric units
        
        Long-term Prisoners
        
        20+ years; natural life.
        Transition into elderly inmates.
        Issues of: Mental health, Programming, and Connection to community
        
        Prison Proper
        
        Inmate code: Created within prison? Strip of everything, so they can relate to each other. Imported? Basically became a number.
        Adaptive roles: Doing time, Gleaning, Jailing, Disorganized.
        Rules of Prison: No snitching, No friends with police, Doing their own time, No stealing, and Nothing for free
        
        Prison Economy
        
        Results of deprivation, Legitimate channels are monitored/restricted, Bartering system: Goods and Services (favors in return), and Debt as a lever: Could add interest (Basically), and NEVER go into debt
        
        Violence in Prison
        
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- - - - John Augustus (father of probation), Boston 1841.
        First statewide system in Massachusetts, 1880.
        21 states by 1920
        49 states by beginning of WWII
        Began as second chance, evolved to supervision and service provision (case management).
        Now incorporates risk assessment.
      - Probation Administration
        
        Centralized vs. Decentralized: Combined with parole (Centralized only), Funding, and Training
        Which one is Indiana?- Decentralized
        Probation: Works best with solid working relationships between judge and supervising officer.
        
        What does a probation officer do?
        
        Attend court: New PSIs requested, Update or modification hearings, and Revocation (Technical violation)
        Write Presentence Reports
        Supervision of clients: Home, Work
        
        Intermediate Sanctions: Is by the Judiciary
        
        Fines and Restitution. How are they different? Fines are paid directly to the court while Restitution are paid to the victim.
        Forfeiture: What is this?- During arrest or execution of a search warrant. Anything that is purchased or inquire through illegal gains then the court or police take it away and if not then the items are return to the owner.
        
        Intermediate Sanctions: Is by the Community
        
        Home confinement: Requires telephone services, Costly to offender, and High failure rate.
        Community service
        Day reporting (community correlation services): Daily check-ins and Often require programming.
        Intensive Supervision Probation (ISP): Probation diversion and Institutional diversion.
        
        Intermediate Sanctions: Is by Institutions ad Community
        
        Boot camps: Shock incarceration, Youth offenders, Resolve "Discipline issues", and Decline in use since 2000s
        
        Concerns of Implementation
        
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- - - - Conditional release of offender from incarceration, but not from legal custody of the state.
        Three base concepts: Grace, Contract, and Custody
      - Origins of Parole
        
        Maconochic- British Penal Colonies in Tazmania: Strict imprisonment, Labor on chain gang, Limited freedom, Ticket of leave/conditional pardon, and Full restoration of liberty.
        Crofton-Ireland: Ticket of leave transitioned to condition-based on parole.
        Brockway- Elmira Reformatory, New York
        
        Release Mechanisms
        
        Expiration Release- Completes maximum court sentences: Is not supervised in the community.
        Mandatory Release- Maximum minus good time, or a percentage of full sentence is served: Released conditional parole supervision.
        Discretionary Release- Parole Board decision to release to parole supervision within indeterminate sentencing states.
        Other Conditional Release- Furloughs, Home supervision, Probation, Emergency release, Compassionate release, and among others.
        
        Challenges for Parolees
        
        Few belongings, Small amount of money (money from work and GATE money), Employment, Housing, Stigma/labeling, and Stress and sobriety.
        
        Parole Agent
        
        As Cop: Keep community safe, Enforce conditions or release, May search without notice; warrant, Arrest without bail for suspected violations.
        As Social Worker- Assist with housing; employment, Liaison between parole and the community, and Build relationship for success.
        
        Revocation of Parole
        
        New Crime.
        Technical violation- Morrissey V. Brewer (1972)- Two-Step revocation process: Hearing to determine probable cause and Parole board determines if violation, and response.
        Use of intermediate sanctions: Attempt keep parolee in community
- - - - 1824-1899.
        House of Refuge/Reform schools: Child is helpless and Requires supervision and care.
        Same criminal justice procedure used for adults.
      - Juvenile Court Era
        
        1899-1960. Creation of separate court system for Juveniles. Illinois Juvenile Court Act (1899)
        Term "delinquent"
        
        Juvenile Rights Period
        
        1960-1980. Refinement of the court process and rights of juvenile: Counsel, Face accuser, and Adequate notice.
        
        Crime Control Period
        
        1980-2005.
        Hasher punishment for juveniles.
        Support of wavier 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, and Dependent child.
        
        Correctional Options
        
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