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38 Cards in this Set

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Justifications for incarceration: Deterrence (the inhibition of criminal behaviour by fear especially of punishment)

specific - directed to offenders




general - directed to the public




assumes a rational calculus of action



Justifications for incarceration: Retribution (punishment inflicted on someone as a vengeance for a wrong or criminal act

penal populism




vigilantism (self-appointed doer of justice)

Justifications for incarceration: Rehabilitation

fostering penitence (regret/sorrow) through the penitentiary

Justifications for incarceration: Incapacitation

"if nothing works at least they can't harm us"

Prisonization

inmate subculture and "argot" - shared language used by prisoners




Prisonization process: the manner in which an individual assimilates into the inmate subculture by adhering to norms of behaviour, sexual conduct, and language.




caustic, stigmatizing, and morally debasing psychosomatic impact of experiencing incarceration, which leaves a long term impact often undercutting ex-prisoner efforts to desist form crime and resettle back into their communities.

Inmate Society

The pains of imprisonment:




loss of liberty




deprivation of goods and services




loss of heterosexual relationships




deprivation of autonomy & security

Inmate Society Ctd...

the 'prison code' - a system of social norms and values established by inmates to regulate their own behaviour while they are serving time; group solidarity.




norms of masculinity related to appropriate behaviour and demeanour

How is the inmate code produced and reproduced?




Deprivation Model

adoption and creation of the code due to the restrictive nature of prisons




the lack of freedom and resources fuels a need to create a social culture within the prison environment




Criticism... presents prisoner culture as a closed system

How is the inmate code produced and reproduced?




Importation Model

viewed prisoner behaviour as "imported" from their street views, values and motives.




individual characteristics and experience prior to incarceration: eg: socio-economic status, violent experiences




quality of contact prisoners have with outside world while in prison.




their expected life chances post-incarceration

How is the inmate code produced and reproduced?




The Integration Model

environmental conditions and individual characteristics both play a role in the 'inmate code of conduct'




prison dynamics are neither produced in an institutionalized vacuum, nor in isolation of contextual factors




prisoner adoption of the code and to incarceration is a function of the intersecting and conflicting relationship between institutional living and biographical experience.




the importation model and deprivation model continue to be supported




but researchers generally agree that the integration model is the most likely theory.

Inmate society:




Erosion of the prison code -




contemporary Canadian correctional examples





Recent research involving parolees from Canadian federal prisons




status tied to criminality and fear; concern about what a prisoner had 'done' and what they appeared capable of (the risk they posed to other prisoners)




the prison social hierarchy (based on criminality)....




'solid charges' = higher status




lower status to sex offenders/pedophiles




those at the top of the hierarchy didn't feel safe, others may want them dead or hurt




"no one feels safe in prison, everyone is at risk"




men at the bottom of the hierarchy were most at risk due to prison cultures and norms.

Updating the Prison Code

basic principles still apply, but risk assessment is more central




never snitch or rat on fellow inmates - one of the worst behaviours in which a prisoner could engage in.




prisoners could not speak to the correctional officers or they would be viewed as rats





Inmate society: be dependable

a value was placed on being dependable, someone who repaid their debt or was there when needed.




Prisoners don't have much to prove their dependability, just their word.




failure to repay debts tarnishes ones word and solid status.




dependability is critical in prison to reduce the risk of altercations and increase safety.




to avoid altercations prisoners have to demonstrate "respect", defined as respecting the space and privacy of other prisoners.




Prisoners valued cleanliness. (could get beat-up if not cleanly)




Follow the daily behaviour rules or else...behavioural norms appear to become internalized over time (psychosomatic impact) eye-contact in high security institutions




Mind your own business - not being able to assist those hurt or dying (this includes parolees)




Be fearless, or at least act tough. Aggression and violence were valued and needed for survival.




Fights occurred often over nothing (based on ones mood)









Inmate society: be fearless, or at least act tough ctd...

losing fights or backing down often lowered a prisoners status in the hierarchy




being "weak" could make someone a target for future victimization




winning a fight could move an inmate up in the rank




Prisoners, particularly those in higher security prisons follow the code, but not to enhance solidarity. inmates do their own time and mind their own




solidarity is less predominate: incarcerated men are not a unified group of friends




the value of not snitching is not based on unification and opposing authorities together as previous scholars noted. Rather behaviours are structured, created, and followed due to risk. and individualistic strategy that serves to keep one safe.




Inmate codes provides a sense of safety through the individual management of risk when safety is debased (reduced)




presents a normative cultural environment that dictates acceptable prisoner behaviours with a premium on acting predictability, as only with predictability can any semblance of safety exist.




those that don't follow the code "the unpredictable" serve the greatest threat.

Myth of the "country club prison"

coddle prisoners,




watch TV all day




prisoner's rights is an oxymoron




roof over your head, healthcare




commit a crime just to get sent back



Myth of Crime Reduction

belief in the effectiveness of deterrence and incapacitation




US youth court judge responding how to reduce youthful recidivists "hang-em see how fast recidivism drops"

Prisonization: The Reality

monotony (tedious repetition and routine) and idleness




little productive work or time spent on treatment and education




prison serves as a 'school of crime'




Lonnie Athens dubs "violentization" (people become the kind of people they are as a result of social experiences - analogous to "socialization"


(4 stages)




frequent rape (sodomy) and AIDS




homicides committed in prisons rarely taken seriously by courts




no screening of mentally ill who fare much worse




no consideration of differing needs among female and male prisoners





Gendered Pains of Imprisonment:




US Women Trends

1/3 drug offences




increasing double the rate for men since 1980




often histories of sexual abuse, physical abuse, high rates of HIV, and substance abuse problems.




among female-led households, children suffer form their mothers absence (break in family ties)





Gendered Pains of Imprisonment:




Women Canadian Trends

in 2008/2009, women in provincial and federal custody are younger, more likely to be single, less likely to have a high school diploma, and more likely to be underemployed than women in the Canadian population overall.




Women in correctional facilities are few - accounting for 6% of offenders in provincial custody and 4% in federal custody.





Gendered Pains of Imprisonment:




Women Canadian Trends Ctd...

women deal with loss of emotional relationships by developing 'pseudo families' with other prisoners.




self harm: 1991 study in the US - 59% of female federal inmates had engaged in self-injurious behaviour.




2010 estimate 1/4 of female federal inmates has a history of self-harm




self-harm as a relief of tension or anger.





Gendered Pains of Imprisonment: Disruption of Family Life

at the time of their offence, at least 1/2 of incarcerated female offenders are living with at least one of their children.




special childcare arrangements/sometimes loss of child custody




being tied down while giving birth




lack of feminine hygiene products.









Trends in US corrections

US has the more citizens in jail than anywhere else in the world




about 1.5 million, and that doesn't even include house arrest, etc. (2014 stat).




"three strikes mentality"




one previous strike MUST be sentenced to TWICE the normal prison term




two previous strikes = MANDATORY 25 year sentence.




consistency/ truth in sentencing (you get sentenced to the exact amount and complete it through. life means life.




reduces judicial discretion




In Sept. 2003, 57% of the third strikes in California were for non-violent crimes (eg. drug possession). the third strike for 354 inmates was for petty theft of less than $250




US states without a three-strike law have a violent crime rate 29.5% lower than California.




African Americans are sentenced to life at 12 times the rate of Whites, & Latinos are 78% more likely to be sentenced under three-strikes than Whites.









Trends in US corrections Ctd...

Lifetime likelihood of imprisonment:




all men: 1:9




all women: 1:56




"if you build it, they will come" - US state that has experienced the highest growth in number of prisons since 1997? Texas




States with highest growth in number of Prisons:




1. Texas


2. Florida


3. California


4. New York




State expenditures on corrections 2012 - 53.3 Billion. 2010 - 51.4 Billion. 1985 6.7 Billion

Canadian Expenditures on Corrections

2013-2014 - 2.75 Billion




72% of all correctional expenditures in 2010/2011 associated with custodial services.




13% community supervision

Debased Citizenship

6.1 million Americans forbidden to vote due to felony disenfranchisement




In Canada, federal prisoners are "informed voters"

Reversing the Trend

2007 rejection of 8 new Texas prisons




shift non-violent offenders away from state prison into alternative, by strengthening probation and parole supervision and treatment.




saved US 2 Billion




Texas parole failures dropped by 39%





Canadian correctional trends:

in 2010/2011 most crimes committed by adults admitted to provincial or federal custody were nonviolent




76% were property offenders


(exception of Northwest Territories and Manitoba) where admissions were mostly for violent offences




in 2012, more than half of inmates in provincial institutions are on remand (awaiting outcome of their court case) in Manitoba it's 2/3's




most adult custodial sentences ordered by the court are short. (vast majority released within one month or less)




60% of offenders are caucasian

Canadian correctional trends Ctd...

nearly 70% more Black Canadians in federal prison in 2016 vs 2006 - fasted growing group and vastly overrepresented




African Canadians comprise of 3% general pop. vs 10% federal prison pop.




(racial profiling identified as a large factor)




Indigenous Canadians comprise 4% general pop. and 24% federal prison pop. (rate is slowing but still a significant and pressing problem).








Administrative Segregation

US over 80,000 prisoners are in solitary confinement




isolation promotes anger, mood swings, hallucinations, inability to control impulses.




severe isolation compared to torture and experiencing PTSD, perhaps permanent brain damage.




mix of medieval cruelty and sci-fi dystopia




in Canada, the use is cut in half over the last 2 years but still used.




Omnibus Impacts

Effects on prisons from Bill C-10 (the Safe Streets and Communities Act) on ONE provincial institution:




severely under-resourced




increasing incidents related to drugs and inmate fighting (mirrors turned into shanks)




women CO's beaten in ranges




faeces bombs




CO's take stress and sick leave constantly




inmates not getting outdoor time due to understaffing.




double or triple bunked, no direct supervision









Further Reforms Canada:

April 2015 - Supreme court struck down mandatory minimum sentences of three years for gun possession and 5 years for possession by repeat weapon offenders.




reversed cited as cruel and unusual punishment


Ashley Smith

Grand Valley Institution for Women




Under suicide watch




Initially given a three month sentence




Transferred 17 times, spent most of her time in solitary confinement




800 incidents and 150 of self-injury





Incapacitation works under three conditions...

1. offenders must be repeaters if they were to be freed




2. offenders taken off the streets must not be quickly replaced by new recruits




3. Prisons must not be schools for crime


(Wilson claims that there is no credible evidence that prison makes people more criminal in general).

Incapacitation Possibilities

has the potential to significantly reduce victimization





Shinnars' Study

calculated the average rate of offending is 10




on that assumption, it was computed that the street robbery rate in 1970 would be reduced to a fifth of what was realized that year if everyone spent five years in prison.

Blumstein and Cohen

argued that individual offence rates varied by the type of offender




highest for larceny (theft of personal property) and lowest for assault




by including arrests into the actual number of crimes perpetrated, they estimated that the average number of offences was 9-17


Rand Study

major study on the average rate of criminal perpetration by asking offenders in California about recidivism




their average rate of perpetration was 14, but they also noted that there were dramatic variations in the number of offences committed by offenders.




study was significant, because it suggested that the average offence rate was meaningless.




a large number of offenders committed few crimes, while a small number committed many




incapacitation may be quite effective, but only if it targets the right offenders.




if low-rate offenders received 2 years, and high rate offenders received 7 years, the number of robberies in the state would decrease by 20% with no increase in the California prison population.




ideally, judges would be provided with more information on high rate offenders.





Selective vs. Collective incapacitation





collective refers to all people receiving the same sentence




selective refers to sentences catered to the chance that a person will continue to offend. (greater likelihood of recidivism).




locking up felons for 5 years would drop the crime rate by 45%, but increase prison space by 450%




Wilson favours selective incapacitation. Can reduce crime by 1/3 if each violent offender served 3 years without parole.