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73 Cards in this Set
- Front
- Back
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Mission of Correctional Organizations
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Protect citizens from crime by safely handling offenders while providing opportunity for rehabilitation
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Two contradictory objectives of Correctional Organizations
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•Custodial / care taking (focuses on safety/security)
•Treatment (focuses on rehabilitation programs) |
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prison administration consists of who?
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–Deputy / Associate Wardens
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departments of prison and descriptions of each
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•Operations
–Security, unit management, inmate discipline, recreation •Administration –Business office, maintenance, laundry, food, medical etc. •Special Services –Library, drug treatment, education, job assignments etc. |
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facts about the Correctional Security Department
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•Usually the largest group -- up to 70% of all staff
•Correctional officers (military style uniforms) •Captains run each 8 hour shift •Lieutenants responsible for an area of the prison •Sergeants supervise correctional officers |
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facts about unit management
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•Often small, semi-autonomous living areas
•Typically house 200-300 inmates •Staff offices are located inside the unit •Intended to improve communication among inmates and staff |
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facts about prison industries
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•Help to raise funds for operation and provide work and job training for inmates
•May be a separate (private) corporation that directly employs inmates -- or work may be contracted out by the state |
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inmates have lost many what?
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freedoms/privileges
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constitutional facts about prisoners
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•Previously, in the 1800s, courts ruled that inmates were essentially “slaves of the state” with no rights
•Later, courts ruled that inmates had some rights but allowed correctional administrators to use their judgement -- Hands Off Doctrine •1960s Cooper v. Pate -- Supreme court allowed lawsuits against prison authorities •After 1960s, lawsuits increased from a few hundred per year to more than 64,000 annually in 1996. •Many lawsuits were intended to harass prison officials but some were legitimate –“Jailhouse lawyers” accounted for about 30% of these lawsuits –Examples: –Suit for taking away a Gameboy electronic game –Cruel and unusual punishment for having to listen to country music •Led to 1996 Prison Litigation Reform Act |
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facts about jails as organizations
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–Apx. 3,300 jails operate nationwide
•(about 1 per county and large city) –About 20% of federally filed lawsuits involve prison inmates •20% of jails have a pending lawsuit –In response, many jurisdictions have improved jail conditions -- creating “new generation jails” |
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facts about new generation jails
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•Totally different architecture and management process
•Old style was often based on a panopticon model –Created by Bentham (1785) to give “Power over mind” –Rows and rows of cells on multiple levels that could be watched by a non-visible guard at any time •The new style provides a more pleasant atmosphere –Studies show fewer staff assaults, improved staff satisfaction, better maintenance conditions •Have increased in number but not very rapidly •Viewed as “soft on crime” •Key differences: •These new jails have “no bars” in standard cells •House inmates in small groups of 40 to 50 inmates •Correctional staff are located in the main living area with the inmate population (not behind walls/bars) •Only one inmate per cell! |
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Two basic principles of correctional administration philosophy
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•Inmates are not to suffer pains beyond the loss of liberty (loss of freedom is the punishment)
•Regardless of their crime, all inmates are to be treated humanely |
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facts about prison wardens in correctional administration philosophy
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•Very difficult job
•Prior to 1994 90% did not receive any special training or orientation for the position •New Executive Training Program (National Institute of Corrections) |
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prison management approaches in correctional administration philosophy
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•Very rigid, authoritarian prisons are more likely to have disorder problems
•Loose, participative prisons also tend to have more disorder problems •Stable, consistent, security-driven approaches with good bureaucratic systems seem to work best |
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facts about lengthening prison sentences
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•Mandatory minimums, 3 strikes laws etc.
•Advocates argue that this increases incapacitation and deterrence (reduces crime) •Opponents argue that longer sentences are harder on families and lead to ever younger offenders who run illegal drug trade •Due to crowding, community supervision (probation and parole) were increasingly used •The primary focus of community supervision has changed -- from helping/counseling -- to risk management and supervision |
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common issues wit inmate populations
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•Sexual coercion -- study found 7% of men were raped and 21% experienced unwanted advances
•Tends to be more common in: •Larger prisons (more than 1,000 inmates) •Understaffed prisons •Facilities with poor security or low paid workers |
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What can be done about the common issues with inmate populations?
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X
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facts about inmate suicides
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•Prison: 1.5 times higher than U.S. population
•Jail: 9 times higher than U.S. population -- for those that are newly arrested 250 times higher! •Method: 80 to 90% commit suicide by hanging themselves with clothing, sheets etc. |
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What are the reasons that suicide is so much higher among jails? What can be done?
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X
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facts about intensive probation or parole
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•Intensive supervision (ISP) has become one of the most common approaches in recent years
•Many inmates prefer to serve a short prison term rather than participate in ISP •Probation officer visits 2 or 3 times per week and phones on the other days •Unannounced searches of home •Random drug screening •Can’t associate with certain persons, carry a weapon •Evidence for effectiveness of ISP is not yet clear |
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facts about house arrest
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•Increasingly common
•Often allows offender to work •According to the text this approach has proven effective in reducing further offenses (during house arrest). •Often combined with electronic monitoring •Evidence of recidivism reduction is not clear but this is a low cost alternative to incarceration |
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facts about shock incarceration and parole
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•Allows a short stay in lockup to give the offender a taste of prison life
•Intended to deter future criminal behaviors •Boot camps are a common form of shock incarceration –Quasi military program 3-6 months long •Little evidence of effectiveness |
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What are boot camps supposed to accomplish and why might they be ineffective?
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X
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Differences between ethics and morals
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–Morals focus on prohibited behavior
–Ethics emphasize the most proper or correct action in a specific situation –Morals tell us what we should not do but may not give direction as to exactly what SHOULD be done. –Ethics often involve analysis of several morally equal options in order to find the most correct or proper action. |
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Morals and Ethics can be based solely on what?
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religion or personal values
–When based on personal beliefs, they become somewhat subjective (as stated in the book) •People from different religions may disagree –However, when based on rationality or “natural law” they are universal and, for the most part, objective |
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what is rational perspective?
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People share the earth and have an equal right to needed resources
•John Locke “natural law”concept |
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what is the law of reciprocity
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you cannot get something for nothing (trade must be fair)
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On a personal level, the primary purpose of ethics is to build a reputation of what, and why?
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Trust, integrity, honesty, respect etc.
So that others are willing to share, exchange, trade, work and live with us. Ethical behavior strengthens society and our relationships with others |
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What happens whenever ethical principles are not followed?
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injustice or victimization occurs
•Victims may be individuals or organizations •Injustice decreases organizational credibility and trust |
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What are some outcomes that are likely if unfair treatment becomes common in an organization?
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it will be hard to retain the best employees because they will quit
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if an administrator doesnt violate any laws or rules are they necessarily a good manager?
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no
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what must a good manager be?
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both moral and ethical
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do moral principles apply to everyone?
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yes, they are universal regardless of culture, race, or status
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how do ethics differ from morals?
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–Ethics require finding the best solution for all parties involved
–Moral duty not to harm is the same for everyone--- however, ethical duties vary based on your position and the circumstances at hand: –In general, the more knowledge, power, or resources you have-- the greater your ethical duties |
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goals of How to Apply Ethics (holistic perspective)
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•Goal 1:
–Maximize benefit for everyone while minimizing harm to anyone •Each individual and stakeholder is equally important •Goal 2: –You must treat others as you would want to be treated (if you were in their position) -- Golden Rule •The Golden Rule is based on rationality and is almost universally accepted as an ethical guideline |
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**IMPORTANT: Be sure that you can analyze an ethical problem using the holistic utilitarian model that was provided in the exercise.
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X
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at least 3 roles a police officer has in society?
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– Human being
– Citizen – Police Officer |
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examples of the 3 roles of a police officer
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–You are an off-duty police officer and observe a serious car accident that involves injuries
•As a human being you are expected to: –Not injure or kill others unnecessarily –Make an effort to provide for personal needs –Provide care and support for dependent family members •As a citizen / community member you are expected to (minimum requirements): –Interact, trade, share, buy/sell with others –Pay taxes, obey laws, perform civic duties –Abide by minimum norms of conduct •As a police officer your role is to: –Protect life and safety –Provide service to citizens –Enforce the law |
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examples of corruption in an agency or organization that are unethical but not necessarily immoral
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Internal corruption involving bias (favoritism) in performance evaluation.
•e.g. Non-favorites are scored correctly while favorites are scored more highly than they deserve (no one receives a lower score than they deserve) –The “American model” hiring process •Designed to be fair (identify best qualified) |
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facts about Process corruption:
(** know this) |
–When model assessment procedures are not properly followed to ensure fairness
•Includes violation of procedure or simply finding a legal way around the system –Another commonly corrupted process is “performance appraisal” or employee evaluation –Other topics: •Accepting gratuities (free drinks, food etc.) •Lying and deception to obtain confession |
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Note: Process corruption in hiring, promotion and special assignment is common in all organizations because these are highly desired resources with little transparency and are run by managers who have personal preferences that may conflict with organizational processes.
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X
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•How does our understanding of ethics apply to policy and administration?
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–Injustice and unfair treatment undermine organizational effectiveness and credibility
–Ethical analyses can highlight injustices that may otherwise have been overlooked –Understanding ethics also increases our awareness of our own behavior so that we do not contribute to the problem |
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Employee rights may come from where?
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state or federal law, administrative regulations and internal procedures
•Includes: –Employee contracts –Employee handbooks –Longstanding customs or practices |
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facts about Improper hiring, training, discipline, discharge?
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•Often leads to poor performance and morale
•May lead to economic liability |
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facts about Fair Labor Standards Act (orig. 1938)
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–Requires overtime pay for more than 40 hours per week for non-managing (non-exempt) employees
–Requires payment for “comp time” upon separation |
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facts about Civil Rights Act of 1964
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–Prohibits discrimination in hiring, discipline, or work conditions based on race, color, religion, sex, national origin
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facts about Equal Pay Act (1963)
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–Equal pay for men and women who do similar work
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facts about Pregnancy Discrimination Act (1978)
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•Requires employers to treat pregnant women the same as temporarily disabled employee
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facts about Age Discrimination Act (1975)
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•Prohibits unequal treatment of applicant or employees who are 40 or older
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Americans with Disabilities Act of 1990
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•Requires reasonable accommodation for applicants or employees with disabilities who are capable of doing the job
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Family Medical Leave Act (1993)
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•Requires agencies with over 50 employees to allow up to 12 weeks of unpaid leave due to family illness
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–Historical Examples of Disparate Treatment
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•Claiming that being male was a BFOQ (bona fide occupational qualifier) for being a police officer
•Making minimum height requirements (5’ 10”) •Mandatory retirements at age 55 or 62 etc. |
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facts about Police Officers’ Bill of Rights (POBR)
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•Never took hold nationwide (began in California)
–Required agencies to provide written notice that a complaint was alleged (summary, investigation officer) –Provided the right to representation (e.g. an attorney) –No polygraph unless the accuser takes one •POBR was strongly opposed by senior police administrators and the International Association of Chiefs of Police (IACP) |
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facts about Due Process in CJ Agencies
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•Employees who are terminated or disciplined should:
–Be present when evidence is presented against them –Have opportunity to cross examine superiors and to present witness and their side of the story –Be allowed to have representation (e.g. an attorney) –Have an impartial referee or hearing officer –Have a public hearing (if requested) where decisions are made based on the evidence presented Justice begins at home –If criminal justice agencies mistreat their employees, how can we expect justice outside of the agency |
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Justice begins at home
–If criminal justice agencies mistreat their employees, how can we expect justice outside of the agency |
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facts about complaints against employees
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•May be from primary, secondary or anonymous sources
–Primary: The alleged victim –Secondary: Reported by someone other than the victim –Anonymous: Source unknown •Every complaint must be investigated –But we don’t want to build a Kafka-type system –Common sense and due process remain key –Employees must be informed (in a timely manner) as to the nature of the complaint and reasonable information about who the complainant is •Informal complaints or allegations of minor misconduct –May be dealt with informally by the supervisor •Allegations of serious misconduct –Must be routed through the formal review system –Very few allegations involve physical violence –Study: 42% of complaints involved verbal abuse, discourtesy, harassment, bad attitude or ethnic slurs |
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facts about Complaints Against CJ Employees (Process)
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•Receipt and referral
–Initial information reviewed by a supervisor who may forward the complaint to Internal Affairs (IA) •Investigation –Obtain written statements from all involved –Additional questioning of all parties –Obtain and review evidence, photos etc. –Make recommendation for further action •Dispositions –Unfounded: The alleged act did not occur –Exonerated: The act occurred but was lawful, proper, justified, or in accordance with policy / procedure –Not sustained: Insufficient evidence to prove or disprove –Closed: Investigation halted when complainant refuses to cooperate –Sustained: The act did occur and was a violation of departmental rules or procedures |
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Bottom line regarding labor relations
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•If both sides behave ethically, no external review from courts or arbitrators will ever be needed
•An ethical administration will be supported by both employees and citizens |
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1. What due process rights of Josef K were violated during the arrest?
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- to know the charges against him
- to face his accuser - to know what the evidence against him is |
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2. How did bureaucratic procedures affect Joseph K?
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- the warders and the the inspector were only concerned with what they were in charge of, they did not inform, and possibly could not, what the charges were against K. nor were they concerned with showing K. any warrants or proof of who they were
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3. Was the process set up to obtain truth or justice?
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- it was set up to find justice without any regard to the truth
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1. What rights of Josef K were violated in relation to the first enquiry?
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- he was not told specifically when and where to go for his enquiry
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2. What evidence is there that the bureaucracy may have been ineffective or prone to error?
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- the examining magistrate thought that he was an interior decorator; he was judging him but didn't even know who he was
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3. What do you think of the examining magistrate's last comment to Josef K as it relates to justice?
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- he is at least trying to advise K. of the benefits that K. is giving up by not continuing with the interrogation; with justice the end result is what you can prove, and if he doesn't participate in any interrogations he loses a chance of being able to prove anything
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1. What rights of the accused are violated according to the description given by the lawyer?
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- not having a public trial
- proceedings against the accused are secret - the indictment is kept from the accused as well as the defense lawyer - defense lawyer is not allowed during the interrogation of the accused - defense lawyers are not always allowed to contact the accused during the trial |
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2. What evidence is there the courts are ineffective?
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- the lawyer mentions that the lower echelons of the court include disloyal and corrupt employees
- the lawyer states that the personal contacts the lawyer has is the most important thing to the defense - the lawyer states that lawyers can bribe court officials, and that documents have been stolen by lawyers |
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3. What do you think about the reference to using 'personal contacts' by the lawyer in terms of seeking justice?
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- part of the end result of justice is what the lawyers can convince others of, and if the lawyer has good personal contacts then it is more likely that he/she will be better able to convince them of what they want
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1. How do the concepts of actual acquittal, apparent acquittal and postponement as explained by the artist relate to the principles of the rule of law and a fair trial?
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- an actual acquittal is the same as being found innocent; even though this is a possibility, there has never been a known case of this happening - if the rule of law was fair and there was a fair trial this would be a distinct possibility
apparent acquittal and postponement would not be possible if there was in fact a true rule of law and a fair trial there would be a way in which cases must all be decided and a course of action they all must go through - with these two choices the system is artificially held either in an initial stage or moved to different areas within the system to only be picked up again at some unknown later time |
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2. How is it possible to use the bureaucracy against itself?
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- by means of a postponement - by artificially keeping the trial in it's initial stages which can be done by people who know have good personal contacts with the judges or other bureaucrats within the court
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3. How does the chaplain's statement that "the proceedings gradually merge into the verdict" relate to the concept of a fair trial?
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- it sounds on the surface as if there should be a possibility of a fair trial, since one does not supposedly start out guilty - however because of how the system is set up with the accused not having information available to him/her in fact it just means that the verdict of guilt is not instantaneous but rather a verdict of guild that is slowly built
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1. What similarities to Joseph K’s trial can be found in the U.S. criminal justice system?
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- there is a lot of bureaucracy in the court systems
- each part of the court system is located in a "silo" of their own area, not interconnected with the other areas -oftentimes the people involved with the court system is only worried about doing their job and not about the overall process |
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2. What internal organizational procedures or processes bare similarity to this Kafka-type system?
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the way the courts are set up each part of it just goes along doing it's part and the accused does not really have control over the proceedings, it just keeps moving along and pushing him from one area to the next - each of the individual actors - the judges, lawyers, clerks, etc - are only concerned with doing their job, pushing the paperwork along to the next person in the bureaucratic line
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3. Can you think of modern day examples of where accused have been exposed to similar violations of procedural rights to those experienced by Josef K?
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- the prisoners who are held at Guantanamo Bay who have been held indefinitely, without being formally charged, or knowing what the accusations are, or who their accusers are
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