Criminal Justice Final - Chapters 10, 11, And 12

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total institution

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ErvingGoffman: Prisons are totalinstitutions.

Althoughprisons are influenced by the outside world, they are also separated and closedoff from that world.

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Corrections: Background

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Becamea major punishment for criminals in 1600s and 1700s.

Punishmentsare carried out away from public view.

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forerunners of modern incarceration

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Banishment

Transportation

Workhouses

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Prison Reform Initiatives

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Begin in 1700's, and are both physical and philosophical

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Philosophical Reform

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Philosophical:

Beccaria:Punishment shouldfit the crime(no arbitrariness):1.Severityof punishment should parallel theseverity of harm.2.Punishmentshould be severe enough tooutweigh pleasure from thecrime.

Punishmentneeds to be certain and swift.

Certainty - criminals think it is likely they will becaught and punished.

Swiftness- punishment will occur soon after commission of the crime.

Howard:Safe, humane, and orderly penal environments

Religiousteaching, hard work, and solitary confinement as ways to instill discipline andreform inmates.

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Physical Reform

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Bentham:Order and reform can be achieved in a prison through architectural design.

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Panopticon

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Created by Jeremy Bentham

Panopticon:a prison design consisting of a round building with tiers of cells lining theinner circumference and facing a central inspection tower

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When and where was the first prison created in the United States?

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1790 in Philly, it was called the Walnut Street Jail

Inmateslabored in solitary cells and received large doses of religious training.

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Pennsylvania System

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Inmates kept in solitary cells. Unpopular and unpractical

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Auburn System

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Inmatesworked and ate together in silence during the day and were placed in solitarycells for the evening

Leadsto modern prisons

Fitswith system of factory production

More popular and favored, practical

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reformatory movement

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Designedfor younger, less hardened offenders between 16 and 30 years of age

Replaceddeterminate sentences with indeterminate sentences

Emphasizedacademic and vocational training in addition to work

Introduceda classification system, which was used to rate inmates’ progress towardreformation

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"Big House"

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type of 20th century prison

Walledprison with large cell blocks that contained stacks of three or more tiers ofone- or two-man cells.

Inmatesoften participate in free market through labor.

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Corrections/Medical Model

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type of 20th century prison

Corrections:Smaller, more modern organizations than “big houses.”

Medicalmodel.Inmates subjected to psychological assessment and diagnosis and receivedacademic and vocational education and therapeutic counseling.

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privatization

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Sometimescalled prison-industrial complex.

Principalalternative to traditional confinement is the movement toward privatization:private companies building and running prisons.

Pros:efficiency, cost effectiveness, flexibility.

Cons:Profit incentive to cut services and to build more prisons.

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state prison inmate statistics

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86%of inmates are in state prisons.S53%serving time for a violent offense; 17% for drug offenses.

Malesdisproportionately represented, making up nearly 93% of the prison populationbut only half of the general population.

Blacksdisproportionately represented, making up 43% of the state prison populationbut only 13% of the general population.

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Men's prisons

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Distinguishedbysecurity level.

Supermax

Maximum

Medium

Minimum

Individualinmates are classified by custody level.

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max security prison

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Verytight internal and external security

Highwall or razor-wire fencing

Armed-guardtowers

Electronicdetectors

External(perimeter) armed patrols

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supermax prisons

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Housenotorious offenders and problem inmates from other institutions.

Theseinstitutions utilize:

Totalisolation of inmates

Constantlockdownsa

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Jails

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Servecatchall function in criminal justice and corrections, such as:

Receiveindividuals pending arraignment and hold them awaiting trial, conviction, andsentencing

Readmitprobation, parole, and bail bond violators and absconders

Temporarilydetain juveniles pending transfer to juvenile authorities

Holdmentally ill persons

Holdwitnesses

Holdindividuals serving short terms

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security and inmate discipline

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Inorder to maintain security, prisons routinely institute policies such as:

Dailycounts of inmates to detect escapes

Constantlymonitoring inmates’ whereabouts

Searchesof inmates’ clothing, bodies, and cells

Monitoringmail and phone conversations

Limitingvisits

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service and programs

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Somehuman services and programs within prisons:

Foodservices

Medicaland dental services

Mailand phone services

Visitation

Religiousservices

Legalresources

Rehabilitationprogramming

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deprivation model

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Prisonsociety develops as a model of distinct prison life.

Inmatebehavior is shaped within the prison walls.

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prisonization

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theprocess by which an inmate becomes socialized into the customs and principlesof the inmate society.

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importation model

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Prisonlife is shaped by attributes inmates bring with them.

Morelaw-abiding inmates will be more respectful to authority.

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inmate society

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Today’sinmate society is socially fragmented, disorganized, and unstable, because of:

Increasingracial heterogeneity

Theracial polarization of modern prisoners Courtlitigation

Therise and fall of rehabilitation

Theincreased politicalization of inmates Increasedviolence and gang activity

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violence inside

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Physicalvictimization is not the only or even the most frequent kind of victimizationin prison.

Otherkinds include:

Economic

Psychological

Social

Thesemay be perpetrated by inmates or staff.

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kinship relationships

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Consensualsexual relationships and “familial” relationships may develop inside.

Somerelationships may be entered into for protection.

Relationshipsmay develop between guards and prisoners.

Itis questionable whether consensual relationships can exist inside.

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correctional officers (CO'S)

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Representthe majority of staff members in a prison.

Areresponsible for the security of the institution.

Havethe most frequent and closest contact with inmates.

Facenumerous role conflicts.

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prisoner's rights

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Accessto courses develops in the 1960s:

Conditionsof confinement

Accessto legal assistance and libraries Freedomof religion

Rightto adequate medical care

PrisonLitigation Reform Act (1995) discourages litigation:

Exhaustionrequirement

Physical Injury Requirement

No attorneys fees allowed

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parole

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conditionalrelease prior to serving full sentence

Method of prison release wherebyinmates are released at the discretion of a board or other authority beforehaving completed their entire sentences

Two types of parole release:

Discretionaryparole: A parole board has authority to release prisoners conditionally basedon statutory or administrative determination of eligibility.

Mandatoryparole: A parole board releases an inmate from prison conditionally after theinmate has served a specified portion of the original sentence minus any goodtime earned.

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custody level

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The classification assigned to an inmate to indicate the degree of precaution that needs to be taken when working with that inmate.

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commutation

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Reduction of the original sentence given by executive authority, usually a state's governor.

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mandatory release

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releaseafter serving legally required sentence

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recidivism

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Returnto illegal activity after release

Averagerecidivism rate in 2010 was 38.9% formales and 29.4% for females.

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community corrections

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Offendersare supervised and provided services outside jail or prison.

Primarygoal is rehabilitation.

Diversion

Restitution

Probation

Parole

Halfwayhouses

Provisionsfor temporary release from prison

Atthe end of 2011, approximately 5 million adults were on probation or parole,compared to about 2 million in jail or prison.

Atthe end of 2011, 1 in 50 adults in the U.S. were under community supervision.

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probation

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Sentencein which the offender, rather than being incarcerated, is retained in thecommunity under the supervision of a probation agency and required to abide bycertain rules and conditions to avoid incarceration.

FiveTypes:

Straightprobation, with no form of incarceration

Suspended-sentenceprobation, in which the offender can escape imprisonment by performing well onprobation

Splitsentence—jail time plus probation

Shockprobation—two sentences: first prison, then probation

Residentialprobation—e.g. halfway house

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other alternatives to probation and parole

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Dayreporting centers

Structuredfines

Homeconfinement; electronic monitoring

HalfwayhousesS

Furloughand temporary release