Student Study Guide

Essentials of Corrections, (5th edn).

Tom Winfree and Larry Mays

Carolyn Dennis

Keiser University Table of Contents

Chapter 1 Introduction to Corrections 3

Chapter 2 A Brief History of Punishments and Corrections 22

Chapter 3 Sentencing and Criminal Sanctions 41

Chapter 4 Probation and Community Corrections 61

Chapter 5 Jails and Detention Facilities 80

Chapter 6 Institutional Corrections 98

Chapter 7 Jail and Prison Inmates 119

Chapter 8 Special Needs Inmates 138 Chapter 9 Parole and Prisoner Reentry 155 Chapter 10 Careers in Corrections 171 Chapter 11 The Administration of Corrections Programs 185 Chapter 12 Corrections Law and Inmate Litigation 203 Chapter 13 Gender Issues in Corrections 219 Chapter 14 Race, Ethnicity, and Corrections 240 Chapter 15 The Future of Corrections 256 CHAPTER 1

Introduction to Corrections

Learning Objectives

 To provide you with an understanding of the breadth and depth of corrections  To acquaint you with the various philosophies and goals of punishment  To reveal to you the role of criminological theory as a means to understand offenders  To provide you with a contemporary view of corrections and a prospective look into its future  To give you an overview of the various subjects explored in this textbook

Chapter Outline

I. Introduction

A. Corrections

1. At the end of 2010, an estimated 7.1 million adults in the US (1 in 48 adults) were under some form of correctional supervision

2. 4.06 million adults on probation

3. 840,676 adults on parole

4. Nearly 2.3 million adults confined in prisons and jails

C. Probation

D. Parole

E. Prison

F. Jails

G. All government agencies, facilities, programs, procedures, personnel, and techniques concerned with intake, custody, confinement, supervision, or treatment or presentencing or pre-disposition investigation of alleged or adjudicated adult offenders, delinquents or status offenders

H. Government actions intended to manage adults accused or convicted of criminal offenses and juveniles charge with or found guilty of delinquency or a status offense

II. Current Trends

A. 1980—fewer than 2 million people under all forms of institutional or community supervision

B. 1980–2007—for those aged 18 and older numbers of those under some form of supervision increased

C. From 2009—the numbers started to decline

D. Race and ethnicity a. In 2010, blacks accounted for 13.6 percent of US population, but 40 percent of the inmate population

b. Hispanics account for 16.3 percent of US population, but 20 percent of the prison population

c. Non-Hispanic whites compose 63.7 percent of US population, but account for 35 percent of the inmate population

E. Incarceration rates—the number of people in a secure facility for every 100,000 people in a specific racial or ethnic group

F. Disproportionate minority contact (DMC)—the unequal representation of blacks and Hispanics

G. Women are historically underrepresented in the prison population; however their numbers are increasing

III. Philosophies of Punishment

1. Retribution—the belief that punishment must avenge for a harm done to another

2. Code of Hammurabi—dates back to eighteenth century BCE.

3. Lex talionis—the law of retaliation or revenge, a legal principle that requires a response in kind for crimes committed

4. Penal harm—the belief that punishment, particularly incarceration should be uncomfortable

A. Deterrence—assumes that certain and severe punishment could discourage future crime by the offender and others

1. Specific deterrence—the assumption that punishment dissuades the offender from repeating the same offense or committing a new one

2. General deterrence—punishes individuals to prevent others in society from committing the same or similar crimes

B. Rehabilitation—prominent correctional philosophy for many years

1. Belief that people can change through treatment

a.a. Individual and group counseling

a.b. Drug and alcohol treatment

a.c. Remedial education

a.d. Vocational education

2. Penologists—those who systematically study punishment

C. Isolation—old correctional philosophy of separating from most human contact

1. Punishment 2. Protect society

E. Incapacitation—separating offenders from the community to reduce the opportunity to further crime

1. Selective incapacitation—assumption that career criminals can be identified early as in preteens or teens

F. Reintegration—recognizes the fact that a high percentage of the people eventually get out of prison

G. Restitution—having the offender repay the victim or the community in money or services

H. Restoration—the balanced approach

1. Accountability—requires offenders to repay or restore victims’ losses

2. Community protection—weighs both public safety and the least restrictive correctional alternative

3. Competency development – emphasizes remediation for offenders’ social, educational, or other deficiencies

IV. Outlooks on Corrections

A. Crime is declining

B. Policymakers in the late 1970s and 1980s created tough-on-crime laws

C. From 1980 to 2010, prison population has increased dramatically

D. Prisons and jails are overcrowded

V. The Role of Criminological Theories

A. From Free Will to Determinism

1. Criminology—the scientific study of crime and criminals dates from Beccaria (1738–1794)

2. Biological determinism—criminals are genetic misfits or biological throwbacks to earlier, primitive, and more violent beings

3. Positivists—those who look for answers in measurable aspects of the human condition

B. Crime, Criminals, and Deterministic Forces

1. Biological determinism

2. IQ testing

3. Psychological determinists—defects of the mind cause all misbehavior, including crime

a.a. Id a.b. Ego

a.c. Superego

C. Behavior modification—the premise that all behavior is the result of learned responses to various stimuli

1. Reality Therapy (RT)—holds the offender accountable for his or her actions

2. A Token Economy—good behavior earns the client rewards

3. Arousal Theory—recognizes that some criminals have no conscience

4. Psychopaths (sociopaths)—commit crimes with no thought of conventional morality or of the consequences of their actions

D. Crime, Criminals and Social Forces

1. Social disorganization—deterioration of cities; extreme poverty and/or other public services are nonexistent

2. Cultural transmission thesis—explains the persistence of criminal and other deviant values in successive generations

3. Differential association—criminal values and behaviors are learned through social interactions

a.a. Definitions—values

a.b. Priority—for example, parents and friends

a.c. Frequency—how often sources are encountered

a.d. Duration—exposure to certain sources lasts longer than exposure to others

a.e. Intensity—the relationship with some sources is more intense than others

4. Operant conditioning—reward mechanisms encourage some definitions, whereas punishers extinguish others

5. Social learning theory—Ackers (1985, 1992) said learning occurs through:

1.a. Imitation—modeling behavior after that observed in others

1.b. Differential reinforcement—the operant-conditioning principle that people retain and repeat rewarded behavior and extinguish behavior that is punished

6. Therapeutic communities—residential programs in which offenders work together to change the attitudes and behaviors of all groups members

7. Subcultural hypothesis—that crime largely emerges from delinquent or deviant subcultures 8. Social control theory—society provides the glue that binds people together and without this glue, people might engage in individual hedonistic activities

9. Anomie—generalized state of normlessness

10. Anomic trap—when individuals meet barriers, they face their fate: work hard and achieve little

11. Social bond—the sum of the forces in a person’s social and physical environment that connect that person to society and its moral constituents

1.a. Attachment—affection for and sensitivity to members of social groups

1.b. Commitment—the individuals stake in conformity

1.c. Involvement—the extent to which the person engages in conventional activities

1.d. Belief—that norms and laws may not hold the same significance for all people in a society

E. Reviewing Criminological Theories

1. Radical noninterventionism—that society and its agents of social control should overlook minor delinquent acts to avoid labeling youngsters

2. Deinstitutionalization—secure confinement abandoned as a punishment

VI. Corrections Programs

A. Community-Based Programs—treat offenders in the community, under supervision and restrictions; rather than in an institution

1. Probation

2. Parole

3. Group home

4. Halfway house

B. Intermediate-Sanction Programs—fastest growing program in contemporary corrections

1. Split sentence

2. Intermittent confinement

C. Institutional-Placement Programs

1. Jails

2. Workhouses

3. Penal farms

4. Low-security camps 5. Farms

6. Ranches

7. Prisons

a.a. Minimum security—inmates are relatively free to move around the facility

a.b. Medium security—some freedom of movement within the institution

a.c. Maximum security—few or no opportunities for movement within the institution

a.d. Minimum restrictive security or close security

References

Akers, Ronald. 1985. Deviant behavior: A social learning approach, 3rd edn. Belmont, CA: Wadsworth. Akers, Ronald. 1992. Drugs, alcohol and society: Social structure, process and policy. Belmont, CA: Wadsworth. Key Terms anomic trap—a barrier that conformists face and accept their fate to work hard and achieve little anomie—generalized state of normlessness arousal theory—recognizes that some criminals have no conscience behavior modification—the premise that all behavior is the result of learned responses to various stimuli biological determinism—criminal behavior that is a result of being a genetic misfit or biological throwback to earlier, primitive and more violent beings corrections – refers to all government actions intended to manage adults who have been accused or convicted of criminal offenses and the management of juveniles who have been charged with, or found guilty of, a status offense criminology – the scientific study of crime and criminals cultural transmission thesis—explains the persistence of criminal and other deviant values in successive generations deinstitutionalization—secure confinement abandoned as a punishment deterrence – assumes that certain and severe punishment can discourage future crime

differential association theory – criminal values and behaviors are learned through social interactions differential reinforcement—the operant-conditioning principle that people retain and repeat rewarded behavior and extinguish behavior that is punished discriminative stimuli—motivating definitions that either cast criminal behavior in a positive light or neutralize the behavior disproportionate minority confinement (DMC)—unequal representation of blacks and Hispanics ego—that part of the mind influenced by parental training and the like general deterrence—would punish the individual to prevent others in society from committing the same or similar crimes id—the unconscious source of primitive and hedonistic urges imitation—involves modeling behavior after that observed in others incapacitation—separating offenders from society to reduce the opportunity to commit crime isolation—an old correctional philosophy that has served two purposes: punishment and isolation from society lex talionis—the law of retribution or revenge operant conditioning—rewarding mechanisms that encourage some behaviors, whereas punishers extinguish others penal harm—the belief that punishment, particularly incarceration, should be uncomfortable penologists—people who systematically study punishment positivists—those who look for answers in measurable aspects of the human condition psyche—the totality of the human mind, conscious and unconscious psychological determinists—believe that defects of the mind cause all misbehavior, including crime psychopaths—(sociopaths) commit crimes with no thought of conventional morality or of the consequences of their actions radical nonintervention—that society and its agents of social control should overlook minor delinquent acts to avoid labeling youngsters reality therapy (RT)—holds the offender accountable for his or her actions rehabilitation—the belief that providing treatment such as psychological or educational assistance makes individuals less likely to engage in future crimes reintegration—recognizes the fact that a high percentage of the people in prison (90%) eventually return to societal living restitution—requiring the offender to repay the victim or the community in money or through service restoration—most recent philosophy in the field of corrections. Based on three key elements: accountability, community protection, and competency development retribution—the belief that punishment must avenge for a harm done to another selective incapacitation—lies on the assumption that career criminals can be identified early in life as preteens or teenagers social bond—the sum of the forces in a person’s social and physical environment that connect that person to society and its moral constituents social control theory—belief that society provides what binds people together social disorganization—social ecologists claim that deterioration of the community and extreme poverty explain the cause of criminal behavior social learning theory—learning occurs through imitation and differential reinforcement specific deterrence—the assumption that punishment dissuades the offender from repeating the same offense or committing a new one subcultural hypothesis—thesis that crime largely emerges from delinquent or deviant subcultures superego—that part of the mind that is concerned with moral values therapeutic communities—residential programs in which offenders work together to change the attitudes and behavior of all group members Chapter Summary We expect corrections to achieve many goals in contemporary society. As a part of the US justice system, it touches the lives of millions of people every year. The key points to note from this chapter are the following:

 No universal agreement exists about what the word corrections means, and what exactly we are attempting to correct.  In some ways, it is easiest to think of the corrections component of the criminal justice system as comprising a vast array of loosely connected agencies that fit within community responses, intermediate sanctions, and institutional placements.  Generally speaking, there has been an explosive growth in the number of people under some form of correctional supervision during the past three decades.  There are a variety of punishment philosophies that include retribution, deterrence, rehabilitation, isolation, incapacitation, reintegration, restitution, and restoration.  Criminological theories can help us understand the nature of human behavior and the appropriate responses to criminality. Most of these theories can be characterized as biological, psychological, or sociological. However, theories dealing with power and economics also have become prominent.

Discussion Topics

1. Compare and contrast the various philosophies of punishment. Which philosophies are currently being practiced in US corrections and how? Are these philosophies affective in deterring individuals from committing crime?

2. What are the current theories being applied to criminal offenders? Discuss one biological, one sociological, and one psychological theory of criminal offending.

3. Hirschi’s social bond theory identifies four types of ties between individuals and social institutions. Discuss the four ties and how they positively and negatively affect individuals.

Web Activities

1. Go to the National Center for Juvenile Justice website: http://www.ncjj.org/

Locate the State Juvenile Justice Profiles 2005 at: State Justice Profiles 2005

Download the document, find your state and write a 1 to 2 page paper describing the Juvenile Detention Services in your state.

2. Locate the YouTube video: National Geographic Americas Hardest Prisons – Statesville http://www.youtube.com/watch?v=rydhZIBAp4A

Use this video to generate a class discussion, an online discussion board, or a paper.

3. Go to your University Library and locate a peer-reviewed academic journal article regarding punishment in the United States. Review and write a Journal Article Critique. CHAPTER 2

A Brief History of Punishments and Corrections

Learning Objectives

 To orient you as to the role of corrections in human history

 To provide you with an understanding of how civilized nations refined their penal sanctions, leading to the creation of prisons and penitentiaries

 To acquaint you with the various nineteenth century reform movements

 To reveal to you the importance of understanding the significance of the movement away from the rehabilitative ideal to the justice model for correctional practice

Chapter Outline

I. Early History

A. Crime and Punishment in a Prehistoric Context

1. Before formal legal systems, the resolution of crime and punishment relied on rituals of reconciliation and exclusion

2. Worst punishment—banishment or exclusion

3. Blood revenge was reserved for intergroup offenses

B. Babylonian and Judaic Views on Punishment

1. Code of Hammurabi—Babylonian responses to crime and punishment created by King Hammurabi (1792–1750 BCE). 2. Lex talionis—the principle of an eye for an eye and a tooth for a tooth

3. Punishment inflicted in the name of the state not the victim’s relatives

4. Law of Moses—included lex talionis

C. Greek and Roman Laws

1. Draco, a seventh century BCE Athenian politician and chief magistrate who altered disputes from private matters to matters of the government

2. Twelve Tables—Romans first major civil and criminal code

3. By late third century BCE two legal systems existed in Rome

a.a. Jus civile—dealt exclusively with relationships between Romans

a.b. Jus gentium—laws for foreigners and Romans retained more rights than noncitizens

1. Jus honorarioum—enacted after 100 BCE, allowed decisions of magistrates to supplement and correct existing law (case law)

2. Justinian I (Emperor in 527) had the Roman laws recodified

a.a. Corpus Juris Civilis—punishments of old Rome

a.b. Justinian Code—remained in force until Constantinople and the Eastern Roman Empire in 1453

a.c. Basis of modern Germanic law and of canon law

D. The Laws of Post-Roman Europe

1. Lex salica—legal customs of the ancient Germanic tribes

2. Botes—schedule of monetary compensations for wrongdoings

3. Wergild—the value placed on a murder victim; it varied by the victim’s status in society

4. Wites—a system of punishments used during feudalism in ninth century Britain; these allowed the local lord or king to collect and keep the botes

5. King’s peace—crimes committed in the king’s presence or against one of his officers

E. Crimes and Punishments in the Middle Ages

1. Ancient Greeks and Romans rarely used imprisonment as punishment

2. During the Middle Ages, corporal and capital punishments were reserved for those who threated the king’s peace and for religious offenders.

3. King Henry II of England (1133–1189) ordered sheriffs to build a prison in the country or shire

F. European Punishments at the End of the Middle Ages 1. At the close of the fifteenth century, nearly all felonies (200 plus crimes) were punishable by death

2. Common offenders received corporal punishment

a.a. Stocks—timbers with holes cut for feet and hands

a.b. Pillory—wood timbers set on a post, with restraining holes for head and hands; designed to shame the offender

a.c. Public whipping—the oldest and most widely used form of corporal punishment

a.d. Pressing—used to convince suspects to confess; person was placed on a hard surface and weights were added at intervals until the person agreed or died

a.e. Houses of Correction and workhouses—vagrants, idlers, debtors and common prostitutes were removed from society and confined for short periods of time

a.f. Transportation—began in sixteenth century and was a highly structured form of exile or banishment

II. The Age of Enlightenment, the State, and Criminal Sanctions

A. Natural law—a system of rules and principles growing out of, and conforming to, human nature that can be discovered through reason, without knowledge of or reference to society’s artificial laws

B. Age of Enlightenment—era formed by a group of philosophers: rationalist, humanitarian, and scientific movement

C. Montesquieu (1689–1755)

1. Revolutionary, high born, and well-educated nobleman, jurist and political

2. Wrote The Spirit of Law (1748)—compared republican, despotic and monarchical governments

3. Argued passionately about proportionality in punishment

D. Cesare Beccaria (1738–1794)

1. Wrote On Crimes and Punishments (1764), which influenced generations of legal and penal reformers

2. Believed punishment can deter crime, if it is certain, swift, and severe

3. Recommend segregation of inmates by age, gender and offense

III. Prison Reform and Penitentiaries

A. John Howard (1726–1790)

1. a squire; sheriff of Bedfordshire 2. appalled at jail conditions

3. lobbied House of Commons for change

B. Penitentiary Act of 1779

1. Created a new class of institution

2. Largely incorporated Howard’s concerns about humane treatment, productive labor, and sanitary living conditions

C. Benjamin Rush (1745–1813)

1. Highly regarded physical

2. Signer of the Declaration of Independence

3. Voiced two concerns:

a.a. Punishment should not be public

a.b. Offenders reformation could be achieved through punishment that encouraged penance

IV. The Pennsylvania System versus the Auburn System

A. Eastern Penitentiary and the Pennsylvania System

1. State-run penitentiaries

2. Western State Penitentiary—opened in 1826 in Pittsburgh

3. The Eastern and Western State Penitentiary are the Pennsylvania system—an imprisonment method in which offenders were kept in solitary confinement

B. The Auburn System

1. Competed and replaced the Pennsylvania System

2. 1816—State Legislature authorized construction of a new prison in the town of Auburn

3. Regimentation was central to maintain discipline

4. Silent system—inmates marched, worked, and ate in complete silence

5. Lockstep shuffle—enforced

6. Black-and-white striped uniform and cap

7. Hard work, social isolation, the silent system, and corporal punishment

V. Penitentiary Reform in the Nineteenth Century

A. Alternatives to Prison

1. Captain Alexander Maconochie (1787–1860) supervised Van Diemen’s Land in Australia 2. Penal colonies—isolated areas used for the confinement of convicted offenders

3. Maconochie worked on humanizing the penal colony

4. Marks of commendation—a system of rewards

5. Ticket of leave—early release from the colony

6. Parliament passed the Penal Servitude Act of 1853: a key component was parole

7. Parole: the early release of prisoners to the supervision of local law enforcement

8. Irish ticket-of-leave system

a.a. In the first three months, inmates were placed in solitary confinement and fed reduced rations; enforced idleness

a.b. The second stage—up to 12 months – included working with other inmates

a.c. The third stage: Working in an open prison with few restrictions

a.d. The fourth stage—given a conditional release from prison

B. Foreign Opponents and Proponents

1. A number of foreign dignitaries visited prisons in the United States in the early nineteenth century

2. Some gave good remarks while others disapproved

C. The Cincinnati Meeting of the National Prison Association

1. 1870—National Prison Association (later the American Correctional Association)

2. Enoch Wines: The True Penitent

a.a. Opposed the imposition of severe and regular punishment

a.b. Advocated rewarding positive steps towards reformation

1. Zebulon Brockway: Master of Elmira

a.a. Prison Administration and author

a.b. Implemented three-step program for inmates at Elmira prison

a.i.i. Information gathering and an interview process—known today as intake

a.i.ii. Treatment—education, farm work, institutional maintenance, and work

a.i.iii. Reward system

VI. From Rehabilitative Ideal to Justice Model

A. From Medical Model to Rehabilitation 1. Medical Model—the dominant approach to prisoner management in the early twentieth century

2. Rehabilitation—the process of returning offenders to orderly or acceptable behaviors

3. Reintegration—a popular concept in the 1970s; provides a bridge between institution and community

B. “Just Deserts” and the Justice Model of Punishment

1. Justice Model—rests on the assumption that individuals have free will; they choose to violate laws and so deserve to be punished

2. Just Deserts and the Justice Model are mixtures of liberal thinking on crime and criminals

a.a. Concern for due process

a.b. Monitoring the excesses of an all-powerful criminal justice system

a.c. Reining in an insulated correction system

C. Implications for Contemporary Corrections

1. Selective incapacitation—the long-term incarceration of career criminals to limit their ability to commit new crimes

2. Habitual-offender statutes—laws which send repeat offenders to prison for life

Reference

Morris, Norval. 1974. The future of imprisonment. Chicago: University of Chicago Press. Key Terms

Age of Enlightenment—a rationalist, humanitarian, and scientific movement that had an important impact on law and punishment.

Auburn System—after the American Revolution, New York State established several prisons to house convicted felons

Botes—Gothic schedule of monetary compensations for wrongdoings

Canon law—the law that governs churches, especially the Roman Catholic Church

Case law—the method of jus honorarium essentially formed the basis of case law

Code of Hammurabi—the Babylonian response to crime and punishment

Corpus Juris Civilis – the collective title of the body of ancient Roman law as compiled and codified under the emperor Justinian in the sixth century CE.

Habitual-offender statutes—legislation that sends repeat offenders to prison for life

Intake—the first stage that a new inmate encounters; consisting of information gathering and an interview process Irish ticket-of-leave system—a four stage system invoked by Crofton, director of the Irish Prison system

Jus civile—a legal system that dealt exclusively with relationships between Romans during the late third century BCE.

Jus gentium—legal system that dealt exclusively with foreigners during the late third century BCE.

Jus honorarium—Roman legislators after 100 BCE allowed the decisions of magistrates to supplement and correct existing law.

Justice model—rests on the assumption that individuals have free will; they choose to violate laws and so deserve to be punished

Justinian Code – the collective title of the body of ancient Roman law as compiled and codified under the emperor Justinian in the sixth century CE.

King’s Peace—crimes committed in the king’s presence or against one of his officers

Law of Moses—the Judaic rules of crime and punishment

Lex salica—legal customs of the ancient Germanic tribes

Marks of commendation—a system of rewards given to inmates for good behavior

Medical model—the dominant approach to prisoner management in the early twentieth century

Natural law—a system of rules and principles growing out of, and conforming to, human nature that can be discovered through reason, without knowledge of or reference to society’s artificial laws.

Parole—the early release of prisoners to the supervision of local law enforcement

Penal Servitude Act of 1853—Passed by Parliament; a key component was parole

Penitentiary Act of 1779—created a new class of institution that largely incorporated humane treatment, productive labor, and sanitary living conditions

Pennsylvania system—an imprisonment method in which offenders were kept in solitary confinement

Pillory—wood timbers set on a post with restraining holes for the head and hands; designed to shame the offender

Pressing—gruesome form of corporal punishment; used to convince suspected offenders to confess

Public whipping—oldest and widely used form of corporal punishment

Rehabilitation—the process of returning offenders to orderly or acceptable behaviors

Reintegration—a popular concept in the 1970s; it provided a bridge between institution and community

Stocks—timbers with holes cut for feet and hands used as a way to detain people before trial

Silent system—in the Auburn system, inmates marched, worked, and ate in complete silence

Ticket of leave—early release from the prison colony

Transportation—beginning in the sixteenth century, a highly structured form of exile or banishment as a method for removing offenders from society Twelve tables – Laws of ancient Rome composed in part from those of Solon, and other Greek legislators

Wergild—the value placed for the crime committed and the compensation due the victim or their family

Wites—a system of punishments in ninth-century Britain, allowed the local lord or king to collect and keep the botes

Chapter Summary

The idea that those who break the rules of a community must pay is as old as civilization. In some ways, the community’s responses have changed dramatically over the millennia; in other ways, we have not progressed very far in the search for appropriate penalties for lawbreakers. Some of the key points presented in this chapter include:  The punishment philosophies that exist in the United States today have been influenced by practices that date back to the Code of Hammurabi and the Law of Moses.  The Greeks and Romans laid the groundwork for what can be considered contemporary attitudes and practices toward punishment.  The political and social philosophers from the Age of Enlightenment advocated that punishments should be swift, certain, and proportionate.  The nation’s focus on punitive measures for criminals regardless of type of crime or history of the offender has generated new laws and changes in sentencing policies that have resulted in unprecedented crowding in both jails and prisons.  The Pennsylvania system and the Auburn System competed with one another during the early 1800s for the dominant form of prison operations. In the end, the Auburn System won.  There were a variety of penal reformers in Europe and the United States. Influential Europeans were John Howard, Alexander Maconochie, Walter Crofton, Gustave de Beaumont, and Alexis de Tocqueville. In the United States, prison reformers included Benjamin Rush, Enoch Wines, and Zebulon Brockway.  There has been a movement away from rehabilitation and the medical model of corrections. Today, much of the correctional focus is on “just deserts,” incapacitation, and a renewed emphasis on retribution. Discussion Topics

 Trace the history of punishment and corrections. Which societies have had the greatest impact on how punishment is imposed today?

 What was the Age of Enlightenment? Who were the players and how did they influence criminal sanctions? Why was this period of time important for punishment of offenders?

 Briefly describe the rehabilitative ideal to the justice model of punishment. What is the current consensus regarding punishment. Does the current model of punishment reflect the views of the public and/or policy makers?

Web Activities

1) Go to the Center for Constitutional Rights website: www.ccrjustice.org

Download and review the Solitary Confinement Fact Sheet ‘Torture: The Use of Solitary Confinement in U.S. Prisons’.

Compare and contrast the use of solitary confinement during the Pennsylvania System with the use of solitary confinement today. 2) Locate the video: National Geographic’s | Inside Maximum Security

Use this video to generate a class discussion, an online discussion board or for a paper.

3) Go to the blog for the Anatomy of a Super Max Prison

Compare and contrast a Super Max Prison with a traditional maximum security prison. What are the positives and the negatives of these types of prisons?

CHAPTER 3

Sentencing and Criminal Sanctions

Learning Objectives

 To help you understand how the criminal law affects corrections  To provide you with an overview of the people, agencies, and organizations involved in sentencing  To acquaint you with the various criminal sentencing options  To help you distinguish between felony and misdemeanor sanctions  To introduce you to the controversies surrounding the death penalty  To show you the differences between indeterminate and determinate sentences Chapter Outline

I. Introduction

a.A.Proportionality – advocated by most people that punishment should be as severe as the crime was serious

a.B. Equity—most criminal justice workers and the general public believe that similar offenders and similar offenses should be treated the same

a.C. Social Debt—many believe that a sentence should incorporate some recognition of the offender’s criminal history

a.D. Adversarial system—used in the United States; a person is innocent until proven guilty and the state must prove guilt rather than the defendant proving innocence

a.E. Inquisitorial system or accusatorial system—the defendant is deemed guilty unless they can prove innocence

a.F. Presumption of innocence

a.G. Preponderance of the evidence—in US Civil cases, juries base their verdicts on whether there was enough evidence necessary to decide in favor of one party or the other a.H. Guilt beyond a reasonable doubt—in criminal cases, a verdict must be based on evidence sufficient to prove the defendant’s guilt

a.I. Corpus delicti—the elements that must be proved to establish that a crime has been committed

a.J. Actus reus—the wrongful act

a.K. Inchoate offenses—attempted crimes; conspiracies to commit crimes and other efforts that fall short of completed criminal acts

II. Sentencing: Who Decides?

A. The Role of Lawmakers

1. Substantive law—those behaviors that constitute crimes in the jurisdiction under their control

2. Procedural law—governs the arrest, prosecution, and trial of criminal offenders

3. Misdemeanors—offenses that are punished by incarceration, usually in local confinement and typically limited to a year or less

4. Felonies—sentences of one year or more including life in prison or the death penalty

5. Violations—the least serious crimes; infractions

6. Common law—the law that evolved from legal decisions based primarily on custom and precedent

7. Principals—those who actually commit a crime

8. Accessories—individuals who contribute in some way to the crime’s commission

9. Mens rea—guilty mind

10. Criminal intent—specific or general

a.a. Specific—the perpetrator intended the harm caused to the victim

a.b. General—the perpetrator understood that harm was possible

1. Affirmative defense—the defendant admits to the facts of the crime but denies criminal intent, arguing that there were mitigating factors

a.a. Infancy defense—argument that the defendant was too young at the time the crime was committed to distinguish between right and wrong

a.b. Insanity defense—the defendant’s mental capacity at the time the offense was committed

a.c. M’Naughton Rule—applied in England (1843), addresses the defendant’s understanding of the difference between right and wrong

a.d. Irresistible-impulse test—a mental defect that would prevent the defendant from using that understanding to control their behavior

a.e. Alibi—affirmative defense; Latin word meaning elsewhere a.f. Entrapment—allegedly the police induced the criminal behavior, that the defendant would not have committed the crime in the absence of police intervention

B. The Role of Juries

1. Jury—the trier of facts; responsible for telling the truth

2. Only in death penalty cases, the jury rather than the judge decides the sentence

C. The Role of Judges

1. Judge—the trier of the law

2. Rules on trial procedures and evidence

3. Decides what instructions will be given to the jury

4. Bench trials—judge serves as trier of facts and trier of the law

III. Sentencing: What Are the Choices?

A. Probation—a court-ordered period of correctional supervision in the community

1. Sentence—everyone on probation has been found guilty and is being punished

2. Judicial function—imposed and supervised by a judge

3. Probation department works with probationers

4. Imposed in lieu of incarceration

5. Conditional—the probationer’s continued freedom is dependent on meeting the terms of probation

B. Fines and Forfeitures

1. Racketeer Influenced and Corrupt Organizations (RICO) Statute—a component of the Organized Crime Control Act of 1970

2. Day fine—type of monetary sanction

3. Means-based penalties—monetary sanctions that account for each offender’s ability to pay

C. Misdemeanor Sentences

1. Typically punishable by fines

2. Can result in probation

3. Could carry a jail sentence

D. Felony sentences

1. Intermediate sanctions—punishments that are more severe than standard probation but less severe than imprisonment 2. Property offenders—repeat convicted felons are usually sentenced to prison

3. Personal offense—aggravated assault, rape, robbery

E. The Death Penalty

1. Does not correct; but is a punishment

2. Been in existence since the founding of the United States

3. Evokes strong reactions in opponents

4. Question of justice

5. Morality issues

6. Legal and constitutional in nature

7. Gregg v. Georgia—1976

a.a. Narrowed range of death penalty crimes

a.b. Bifurcated hearings—a trial and another hearing to determine sentencing

IV. Sentencing: How Are Decisions Made?

A. Judicial Decision Making

1. Concurrent sentences—two or more sentences imposed and then served at the same time

2. Consecutive sentences—two or more sentences imposed at the same time but served in sequence

B. Prosecutorial Decision Making: Plea Bargaining

1. Plea Bargaining—the negotiation that goes on between the defense attorney and the prosecutor regarding sentences, counts, and charges

2. Horizontal overcharging—the practice of charging a defendant with every possible criminal charge related to an offense and then using the lesser charges as bargaining chips

3. Vertical overcharging—charging a suspect with more serious charges than can be proved in court

V. Sentencing Strategies

A. Determinate sentences

1. Indeterminate sentences—ranges of time rather than specific periods to define prison terms

2. Determinate sentences—specific periods of confinement

3. Good-time credits—time deducted from a prison sentence for good behavior B. Sentencing Guidelines

1. Prescribe the sentences judges must impose for certain crimes (based on the seriousness of the particular crime) and for certain offenders (based on the individual’s criminal history)

2. Presumptive sentences—sentences calculated using a method defined in the statutes

C. Mandatory Sentences

1. Penalties required by law for those convicted of certain offenses

2. Mandatory minimums—form of mandatory sentencing where the least-severe penalties that can be imposed on offenders convicted of committing certain crimes

3. Three-strikes-and-you’re-out legislation—these laws require very long prison sentences; as long as life

VI. After the Verdict

A. After the defendant is found guilty, judge often delays sentencing until a Presentence Investigation can be completed.

B. For those placed on probation, the judge must develop a probation plan

C. If the defendant is sent to prison they are first sent to a diagnostic and intake center.

D. After screening, new inmates are transported to a designated institution

VII. Appeals

A. Jailhouse lawyers—inmates who have developed an expertise at challenging their own convictions and those of other inmates

B. Writ of habeas corpus—prisoners assert that they are being held unjustly and ask the court to require the state to justify the prisoner’s conviction and incarceration

C. The basis for an appeal is an error in law

D. The percentage of cases appealed is low

E. Of those appealed, only a small percentage result in relief

F. Most successful appeals result in rehearing on specific issues or retrials of the case

VIII. Contemporary Trends in Sentencing and Some Thoughts on the Future

A. Punishment of criminal offenders has gone in two directions

1. A movement to make sentences less severe for adults and juveniles who commit minor offenses

2. Sanctions have become more severe for adults and juveniles who commit more serious crimes

B. For the future

1. The leniency shown first-time offenders is to continue 2. Penalties for habitual offenders is to continue to be harsh

3. Possible genetic engineering to eliminate criminal tendencies

4. Vaporization or atomization or the use of cryogenics to deep-freeze offenders

Key Terms

Accessories—individuals who contribute in some way to the crime’s commission accusatorial system—the defendant is presumed guilty unless he or she can prove innocence actus reus—in Latin, the wrongful act adversarial system—the Anglo-American system of justice; an individual is innocent until proven guilty and the state must prove guilt and the defendant need not prove innocence affirmative defense—the defendant admits to the facts of the crime but denies criminal intent, arguing that there were mitigating factors alibi—affirmative defense which in Latin means “elsewhere” bifurcated hearings—used in death penalty cases. A jury decision trial followed by a sentencing hearing and an appeals process in verdicts of guilty common law—the law that evolved from legal decisions based directly on custom and precedent, a distinction was made between principals and accessories concurrent sentences—two or more sentences imposed and then served at the same time consecutive sentences—two or more sentences imposed at the same time but served in sequence corpus delicti—literally means “the body of the crime”; the elements that must be proved to establish that a crime has been committed criminal intent—specific intent or general intent; the intention to carry out a criminal act day fine—a monetary sanction or structured fine determinate sentences—specific periods of confinement entrapment—an affirmative defense that alleges that the police induced the criminal behavior; that the defendant would not have committed the crime in the absence of police intervention equity—that similar offenders and similar offenses should be treated the same felonies—sentences of one year or more, including life in prison or the death penalty good-time credits—time deducted from a prison sentence for good behavior guilt beyond a reasonable doubt—in a criminal case, a verdict must be based on evidence sufficient to prove the defendant’s guilt horizontal overcharging—the practice of charging a defendant with every possible criminal charge related to an offense and then using the lesser charges as bargaining chips inchoate offenses—attempted crimes, conspiracies to commit crimes, and other efforts that fall short of completed acts indeterminate sentences—ranges of time rather than specific periods to define prison terms infancy defense—the argument that the defendant was too young at the time the crime was committed to distinguish between right and wrong inquisitorial system—an accusatorial system insanity defense—the issue is the defendant’s mental capacity at the time the offense was committed intermediate sanctions—punishments that are more severe than standard probation but less severe than imprisonment irresistible-impulse test—refers to a mental defect that would prevent the defendant from using that understanding to control his or her behavior mandatory minimums—the least-severe penalties that can be imposed on offenders convicted of committing certain crimes mandatory sentences—penalties required by law for those convicted of certain offenses means-based penalties—a day fine; monetary sanction that accounts for each offender’s ability to pay mens rea—from the Latin; guilty mind misdemeanors—offenses punishable by incarceration, typically limited to a year or less M'Naughton rule—first applied in England in 1843; addresses the defendant’s understanding of the difference between right and wrong personal offense—aggravated assault, rape or robbery petty misdemeanors—violations or infractions; the least-serious crimes plea bargaining—the negotiation that goes on between the defense attorney and the prosecutor regarding sentences, counts and charges preponderance of the evidence – a verdict in a civil case is based on the amount of evidence necessary to decide the case in favor of one party or the other presumption of innocence—a defendant is presumed innocent in a court of law and the state must prove guilt presumptive sentences—sentences calculated using a method defined in the statutes principals—those who actually commit a crime probation—an alternative to incarceration; a court-ordered period of correctional supervision in the community procedural law—law that governs arrest, prosecution, and trial of criminal offenders property offenders—offenders who repeat these offenses are more likely to be sentenced if they are already convicted felons proportionality—that punishment should be as severe as the crime was serious Racketeer Influenced and Corrupt Organizations (RICO) Statute—a Federal Statute that has the most conspicuous use of fines in major criminal cases; a component of the Organized Crime Control Act of 1970 sentencing guidelines—prescribe the sentences judges must impose for certain crimes social debt—that a sentence should incorporate some recognition of the offender’s criminal history substantive law—Law made by Congress and the 50 state legislatures that define those behaviors that constitute crimes in the jurisdiction under their control vertical overcharging—charging a suspect with more serious charges than can be proved in court writ of habeas corpus—prisoners assert that they are being held unjustly and ask the court to require the state to justify the prisoner’s conviction and incarceration Chapter Summary

In this chapter, we have examined a broad range of issues dealing with crime law and particularly focusing on the sentencing process. Some of the major points covered in this chapter are the following:  Legislative bodies define criminal behavior. They determine both the substantive law and procedural law. They distinguish felonies from misdemeanors and prescribe the appropriate punishments.  Judges serve as the “triers of law” and juries serve as the “triers of fact” in cases that go to trial.  Sentencing choices range from probation to fines, jail and prison sentences, and the death penalty.  Prison sentences may be indeterminate or determinate and judges may impose them concurrently or consecutively.  Offenders can appeal their convictions on writs of habeas corpus or through civil rights actions. The method of appeal chosen has implications for the most important form of relief. Discussion Topics

1. Compare and contrast the criminal court system with the civil court system. Can an individual be brought into both courts for the same behavior? Can you think of a contemporary example?

2. Discuss the sentencing process. Who determines the sentence for a criminal offender? What are the roles of the jury and the roles of the judge in sentencing an offender?

3. What are the benefits of the death penalty? What are the disadvantages of the death penalty? How is it being applied in the United States and is it effective?

Web Activities

3.1. Explore the United States Supreme Court website: http://www.supremecourt.gov/

In the Search box (on the upper right side), type in prisons. Find a Supreme Court decision regarding prisons. Review the decision and write an essay about how this decision will affect the treatment of inmates in US prisons.

3.2. Locate a video on YouTube regarding the Sentencing Phase of a Death Penalty Criminal Defendant, for example, Jodi Arias Trial; Penalty Phase – Family Impact Statements http://www.youtube.com/watch?v=wfP7xuPd-L8

Use this video to generate a class discussion, an online discussion board, or a paper.

4. Locate North Carolina Sentencing Structure Training Manual

Scroll through and observe some of the methods required by Judges in the sentencing phase of a trial. Write a comparison/contrast reaction paper to this type of sentencing.

CHAPTER 4

Probation and Community Corrections

Learning Objectives

 To provide you with an historical context for modern probation and community corrections  To acquaint you with the mechanisms by which probation is provided, monitored, and revoked in contemporary US jurisdictions  To introduce you to the evolving topic of community corrections  To help you understand the issues and trends in probation and community corrections Chapter Outline

I. The History of Probation

A. Probation – the conditional freedom granted an offender by a court

B. Forerunners of Modern Probation

A.1. Judicial reprieve—the suspension of a penal sanction for a fixed time

A.2. By the eighteenth century, English judges suspended sentences in return for a specified period of good behavior

A.3. Bail—money or property pledged to, or held by, the court to ensure that an arrested and charged individual will appear for trial

A.4. Release on recognizance (ROR)—the accused posted a bond or surety deposit with the court

A.5. Habeas Corpus Act of 1679—an act of the English parliament allowing the Magistrate to discharge prisoners taking their recognizance with one or more sureties

C. John Augustus: The Father of Probation

A.1. A wealthy shoemaker in Boston

A.2. Had an 18 year association with the courts in a quasi-official capacity supervising individuals convicted by the court but released into his care for a period of time

A.3. Helped probationers secure jobs and home

A.4. Supervised them in the community A.5. Reported to court on the probationers progress

D. The Growth of Probation Services

A.1. After Augustus’s death, volunteers continued his work

A.2. 1878—City of Boston hired a professional probation officer

A.3. 1897—Missouri adopted a bench parole law—authorizing the courts to suspend sentences under certain conditions

A.4. Other states quickly followed these examples

II. The Administration of Probation

A. Eligibility for Probation

A.1. United States v. Birnbuam (1970)—probation is a privilege, not a right

A.2. Probation is prohibited for murder, kidnapping, or rape

B. Probation Officers

A.1. Sworn officers of the judicial branch of government

A.2. Judges or court administrators hire, train, evaluate, and fire probation officers

C. Presentence Investigation and Report

A.1. A detailed examination, prepared by a probation officer, caseworker, or other court officer, of a criminal defendant’s life

A.2. PSI reviews the offender’s records (school, police, and medical) and the thoughts of those exposed to the offender

A.3. The court will base their decision on the PSI, plea bargains made by the prosecutor, and the crowding situation in the jail or prison

D. Risk-Management Classifications, Caseload and Workload Issues

A.1. Administrative is the lowest risk offenders—generally viewed as posing no serious threat;

A.2. Minimum supervision—offenders who pose no significant public safety threat; no history of serious crime

A.3. Medium supervision—offenders who pose no significant threat to public safety but have a history of serious crime

A.4. Intensive supervision—offenders with a history of violent behavior

A.5. Caseload—number of clients assigned to a given supervision officer A.6. Workload—refers to the amount of time needed to complete various tasks associated with supervising one’s clients

E. The Conditions of Probation

A.1. General conditions—a board set of conditions for all probationers

A.2. Specific conditions—tailor-made conditions for an individual probationers

F. Intensive Supervision: Does It Make a Difference?

A.1. Varies from state to state, but all monitor probationers closely

A.2. Curfews, multiple weekly visits, strict enforcement conditions, unscheduled drug testing, and community service

A.3. Drug testing required for many probationers

A.4. Findings indicate that intensive supervision reduced recidivism

G. The Length of Supervision

A.1. Some jurisdictions impose as little as one year and as many as ten years of supervision

A.2. The average amount of supervised time is 22 months

H. Models of Supervision Officers

A.1. The Law Enforcement Model—Surveillance Model Officers

A.2. Treatment Model Officers

A.3. Synthetic Officers—try to balance the demands of each model creating a hybrid model

III. Violations of Probation

A. Technical Violations—Violation of one or more conditions of probation

B. Violating a technical violation can lead to a revocation hearing

C. The Preliminary Hearing

A.1. Mempa v. Rhay (1967) and Gagnon v. Scarpelli (1973) led to states adopting a standardized process for revocation

A.2. Determines probable cause that a violation has occurred

A.3. If the probationer waives the preliminary hearing the next step is a revocation hearing

D. The Revocation Hearing

A.1. In Mempa v. Rhay the Court set specific guidelines for revocation A.2. Proof at a revocation hearing need not meet the standard proof beyond a reasonable doubt; instead a preponderance of the evidence applies

E. Sentencing

A.1. If found not guilty, probationer returns to probation

A.2. If found guilty, the judge has options: continued probation, additional conditions to the probation, or revocation.

IV. Probation Services Today

A. Probationers Services

A.1. Four in seven of all adults are under some form of correctional supervision in the United States

A.2. 99. 8 percent of all probationers were under the supervision of state agencies

B. Profiles of Probationers

A.1. Average probationer is a white male

A.2. Women—constitute 7 percent of those convicted and 24 percent of state probationers

A.3. Blacks account for a smaller proportion

A.4. Half of all probationers’ in 2010 committed felonies (47 percent)

A.5. In 2010—nearly 4 million probationers in United States

A.6. Nearly 7 percent had absconded

C. Trends in Probation

A.1. Number of adults on probation grew every year from 1983 to 2008

A.2. Beginning in 2009 and into 2010, probation population has declined

V. The Role of Community Corrections

A. Extrainstitutional punishment—criminal sanctions administered outside a secure correctional facility

B. Intermediate sanctions—extrainstitutional punishments: they include all types of correctional programming between traditional probation and prison

C. Diversion—the process of removing individuals from the formal system of prosecution and adjudication and placing them in a less-formal treatment setting

D. Origins of Diversion

A.1. Labeling—the process through which individuals adopt the characteristics of whatever it is they have been designated by those powerful enough to make the new status stick A.2. If we suspend proceedings before society labels the offender as delinquent criminal, we can prevent the negative effects of the label

E. Types of Diversion Programs

A.1. Focus on self-awareness: educational or informational programs

A.2. Focus on counseling or self-help programs

A.3. Focus on first offenders

A.4. Goal to keep first offenders from becoming persistent offenders

F. Success and Failure

A.1. Net widening—occurs when a diversionary program designed to reduce the overall volume of contacts with and depth of penetration into the justice system does just the opposite

A.2. Most diversion programs might be net widening

A.3. Diversion programs increase the offender population in the programs themselves

A.4. Diversion programs may have the effect of increasing our capacity to punish

VI. Types of Intermediate Sanctions

A. Fines, Forfeitures, and Restitution

A.1. Day fine—(see chapter 3)

A.2. Asset forfeiture—used in the war against organized crime under the Federal Racketeer Influenced and Corrupt Organizations (RICO) Statute

A.3. Restitution—serves as an economic sanction

A.4. Success and Failure

A.i.a. Economic sanctions are the fastest-growing penalties in community corrections

A.i.b. Economic sanctions generate revenue

B. Community Service

A.1. An area of community corrections that has grown enormously since the late 1970s.

A.2. The Objectives of Community Service

A.i.a. To secure benefits for the community and the offender as well

A.i.b. The offender benefits by avoiding incarceration and by not incurring a financial cost A.3. Types of Programs

A.i.a. Working in government parks

A.i.b. Cleaning government offices

A.i.c. Work in hospital emergency rooms

A.i.d. Clinics

A.i.e. Libraries

A.4. Issues in Community Service

A.i.a. Ensuring offenders’ accountability presents problems

A.i.b. The jobs may not be meaningful to the offender

A.i.c. Issues concerning the supervision of the offender performing the service

A.i.d. Many do not see community service as a true punishment

A.i.a. Community service will continue to be a part of sentencing

A.i.b. Existing enabling legislation keeps community service from being punitive

C. House Arrest with Electronic Monitoring

A.1. House arrest—old punishment combined with new enforcement through electronic monitoring

A.2. April, 1983—first court ordered electronic anklet for a probation violator

A.3. Surveillance officers—sworn peace officers or other probation employees with limited arrest powers

A.4. The Objectives of House Arrest with Electronic Monitoring

A.i.a. An alternative to incarceration

A.i.b. Savings to the public

A.i.c. Save institutional space and minimize the stigma and trauma of prison or jail

A.i.a. One problem with the new correctional programs is they claim to be the solution to the problem

A.i.b. The costs of electronic monitoring is not as cost-effective as originally thought A.i.c. Frequently, offenders placed on electronic monitoring are not really on the way to jail or prison

A.i.d. Electronic monitoring monitors a specific place not specific behavior

VII. Issues in Community Corrections

A. Government and Private Sponsorship

A.1. Halfway house—can be joined publicly with private funding for substance abusers

A.2. Relying on government funding has two major drawbacks

A.i.a. Uncertainties of government spending

A.i.b. Some programs are offered in the community and not in the institution

A.i.c. Multiple funding sources are either accountable to everyone or to no one

B. Administering Community-Based Programs

A.1. They attract energetic and creative employees

A.2. Intense and demanding job

A.3. Turnover is constant

C. Supporters

A.1. Some say that the community approach could work and that it would do not worse than institutional programming

A.2. A positive aspect: cost-effective

A.3. The relative absence of stigma is a positive aspect

A.4. Community based programs work with offenders in their natural environment

A.5. Reintegration—institutional makes it difficult for offenders to return to outside life

D. Detractors

A.1. Some argue that the more we use community programs, the more they contribute to the upward budget spiral

A.2. Net widening draws in more offenders

A.3. Community programs fail to protect the public

A.4. Do the programs work? E. The Special Care of Community Stakeholders

A.1. Politicians

A.2. Policy makers

A.3. Community-corrections planners

A.4. Members of the public

F. The Future of Community Corrections

A.1. The trend of relying on community corrections appears to continue

A.2. Offenders can be expected to help defray the costs of their sentence

A.3. The practical limit of the number of correctional institutions we can support may be close to the limit

A.4. Program effectiveness should be a factor in judicial selection of community corrections over institutionalization

Key Terms allocution—to speak out formally asset forfeiture—an economic sanction frequently used under the Racketeer Influenced and Corrupt Organizations (RICO) Statute bail—money or property pledged to, or held by, the court to ensure that an arrested and charged individual will appear for trial caseload—number of clients assigned to a given supervision officer community service – the offender provides a service to the community as required by the court diversion—the process of removing individuals from the formal system of prosecution and adjudication and placing them in a less-formal treatment system extrainstitutional punishment—criminal sanctions administered outside a secure correctional facility

Habeas Corpus Act of 1679—an act of the English parliament allowing the Magistrate discretion to release a prisoner on their own recognizance halfway house—community-based supervised residential program generally used as a bridge between prison and freedom intensive supervision programs (ISPs)—the monitoring of releasees closely with curfews, multiple weekly contacts with case managers, strict enforcement of conditions, unscheduled drug testing and community service intermediate sanctions—extrainstitutional punishments that include all types of correctional programming between traditional probation and prison judicial reprieve—the suspension of a penal sanction for a fixed time; common practice in medieval English courts labeling—the process through which individuals adopt the characteristics of whatever it is they have been designated by those powerful enough to make the new status stick mixed caseload—both misdemeanants and felons among the probationers supervised by a Probation Officer needs principle—assess criminogenic needs and target them in treatment net widening—occurs when a diversionary program designed to reduce the overall volume of contacts with, and depth of, penetration into the justice system does just the opposite presentence investigation (PSI)—a detailed examination of a defendant’s life prepared by a probation officer, caseworker, or other court officer probation—the conditional freedom granted an offender by a court release on recognizance (ROR)—the accused posted a bond or surety deposit with the court responsivity—measures the risk and need for offender assessment and rehabilitation restitution—either alone or with probation; serves as an economic sanction risk principle—assess criminogenic needs and target them in treatment surveillance officers—typically sworn peace officers or other probation employees with limited arrest powers technical violation—a violation of a condition of probation workload—refers to the amount of time needed to complete various tasks associated with supervising one’s clients

Chapter Summary Probation and community corrections are similar correctional programs, but differ in important ways as well. From this chapter, you should especially note the following:  Probation carries the major corrections burden for both adults and juveniles.  The growth of probation services, which expanded tremendously during the 1980s and 1990s, has slowed in recent years.  It is unclear whether increasing the surveillance on probationers will result in lower recidivism. Likewise, supervision that is more intensive has a tendency to yield higher failure rates.  Intermediate sanctions, as a form of extrainstitutional punishments, share the goal of diverting offenders from deeper and more lasting movement through the labyrinth of contemporary criminal justice.  Many but not all forms of intermediate sanctions function as diversion from the system; some, especially fines and restitution, are viewed as add-on sanctions for both probationers and incarcerated offenders.  Modern technology and old-fashioned approaches to holding people accountable for their actions permeate the movement toward intermediate sanctions.  Modern criminal justice could not function in the United States without probation services, even though community-based corrections enhance the service delivery; eventually, the emphasis remains on traditional forms of supervision long associated with probation. Discussion Topics

1. Trace the history of probation in the United States. Which parts of the original probation are still in practice today?

2. Is probation an actual punishment or a waste of time? What are the advantages of sentencing an offender to probation? What are the disadvantages?

3. Discuss the role of community corrections in punishment. What are the various types of intermediate sanctions being utilized to sentence offenders? Are they working?

Web Activities

3.1. Go to the American Probation and Parole Association website.

Locate the Resources Tab and click on Pubs and Reports. Click on View our free Pubs and Reports.

Download the PDF: Trends in Probation and Parole in the United States. Read and write a 1-2 page paper explaining how probation and parole plays a critical role in the United States.

3.2. View the YouTube video: So you want to be a Probation or Parole Officer. Use this video to generate a class discussion, an online discussion board, or a paper.

3.3. Using the internet go to the 2013 Minimum Salary Schedule for Probation Officers

Review the pay scale. Use this to generate a class discussion or online Discussion Board regarding salaries of Probation Officers. CHAPTER 5

Jails and Detention Facilities

Learning Objectives

 To provide you with a short history of jails  To help you understand the differences between jails and other types of detention facilities  To acquaint you with the problems female inmates face in jails  To explain the differences in jail architectural designs  To provide you with information on the types of people who work in jails and the functions they perform  To introduce you to the major issues with which jails must cope  To acquaint you with the “new generation” jail concept Chapter Outline

I. Contemporary Jail and Detention Facilities A. What is a Jail?

1. Local short-term facilities that hold both inmates awaiting trial or sentencing or both and those sentenced for less than one year; typically misdemeanants

2. A facility typically under the control of a city or county government that houses a diverse population of pretrial detainees, convicted misdemeanants serving short sentences and convicted felons awaiting transportation to prison

3. Jails house various populations: male and female, young and old, misdemeanants and felons, pretrial detainees

4. Jails are typically located in central business districts often in the same building or adjacent to the county courthouse

5. Jails are typically administered by elected sheriffs with a law enforcement background and not a corrections background

6. Jails are not prisons.

B. How Many Jails?

1. Jails are more numerous than prisons

2. In 2005, there were 1,719 state and 102 federal prisons

3. In 2006 there were 3,283 federal, state, and local jails

C. How Many Inmates

1. In 2010, 809,360 people were under jail supervision

2. 748,728 were actual inmates

3. The average jail houses 260 inmates

4. About 60 percent of US jails have a rated capacity of 99 or fewer inmates

5. Half of small jails are located in the South

II. Jails and Women

A. Traditionally the US jail population has been overwhelmingly male

B. Female inmates are nearly twice as likely to test positive for HIV than are male inmates

C. Most women inmates are held in mixed-population jails

III. Jail Functions

A. Holding jails—book inmates at a low rate but detain them for some time

B. Processing jails—book people at a high rate but hold them for a relatively short time

C. Low-use jails—both book and hold inmates at a very low rate

D. High-use jails—both book and hold inmates at high rates IV. The Design of Jails

A. Traditional jail design

1. Linear design—cells opening onto long straight hallways

2. Custody personnel work outside the cells and make periodic rounds

3. This pattern of inmate management is intermittent supervision

B. Second generation jails

1. Make use of closed-circuit television cameras or other devices for surveillance

2. Basic layout—linear design

3. Monitoring devices allow remote supervision of prisoners and staff in booking areas, drunk tanks, and in corridors

C. Third-generation design or new-generation jails

1. Podular design—houses inmates in pods

2. Goal—to make inmates safer

3. Direct supervision—allows 24 hour supervision of inmates

V. Jail Administration

A. Most are operated by sheriff’s departments—70 percent

B. Others are operated by a Jail Administrator who reports to the County Manager, Judge, or Board of Supervisors

C. A third type of administration—control under the chief of police

VI. Jail Employees

A. The Number of Employees

1. Most jails are understaffed

2. 2006—it was estimated 234,000 jail employees nationwide

3. This was an average of 1 employee for every 3.3 inmates

B. Employee Assignments and Quality

1. Traditional approach to staffing:

a.a. New hires awaiting training

a.b. Newly trained deputies awaiting road patrol assignment

a.c. Deputies who requested a jail assignment

a.d. Deputies on limited duty because of accidents or injuries

a.e. Deputies being disciplined C. Second Administrative System

1. Two separate career paths are developed: patrol deputies and detention facility personnel

D. Key to improving the quality of jail employees

1. Better training

2. Better compensation

VII. Major Jail Issues

A. Local Politics

1. Product of local political environment

2. Administered by sheriff’s department

3. Subject to policy directives and funding controls of a city council, county commission or county board of supervisors

B. Local Funding

1. Victims of low funding priorities

2. Jails house an increasing number of inmates in an aging facility that is too small and not being maintained

C. Location Issues

1. Some jail problems would be resolved with expansion, reconstruction, or relocation

2. Remote locations are more feasible today because of video arraignments

D. Makeshift Structures

1. Jail annexes or satellite jails—structures that house the overflow from main jails

2. Converting an existing structure into a makeshift jail can offer savings in time and money

E. Privatization

1. The movement toward having corrections facilities or specific functions within those facilities constructed or operated by private contractors

2. Public–private partnership—an arrangement in which a government makes a legal agreement to purchase specific services from a private-sector supplier

3. Argument for privatization is that private contractors can provide certain goods and services at much-reduced cost

4. Another advantage is the potential reduction of legal liability

5. The number of private facilities is increasing F. Jail Standards

1. Development of jail standards have been ongoing for over three decades

2. ACA issued its first edition of Standards for Adult Local Detention Facilities (1977)

3. States with mandatory standards, regular inspections, and enforcement mechanisms have more effective programs and operating procedures

4. Standards reduce the likelihood of lawsuits

G. Removing Juveniles from Adult Jails

1. Juvenile Justice and Delinquency Prevention Act of 1974—one provision removed juvenile detainees from adult jails—it has not yet happened in all states

2. 2010—7,559 juvenile were detained in US jails

3. Many rural counties have no juvenile detention facility

4. Most counties have built a separate juvenile detention center to house youngsters

5. Large numbers of juveniles are being tried as adults and are being housed in adult jails

H. The Physical Plant

1. Most jails are built as maximum-security space—reinforced concrete and steel

2. Direct supervision of inmates helps maintain the facility

I. Inmate Programming

1. Special Needs—physical, psychological, or medical problems that require treatment or special services

2. Medical Treatment and Programs

a.a. Most jails are not equipped to deal with infectious disease

3. Counseling Programs

a.a. Estimated that half to two-thirds of jail inmates are drug or alcohol abusers

a.b. 1998—reported that one in ten 10 jail inmates reported an emotion or mental condition

a.c. Many jail inmates receive no mental health treatment in jail

4. Rehabilitative Services

a.a. Religious activities—provided by local churches or jail chaplains

a.b. Recreation

a.c. Sessions on coping skills and anger management a.d. Parenting instruction

a.e. Few jails provide any of these types of programs

5. Education and Vocational Training

a.a. Many inmates are unemployed at the time of arrest

a.b. Many inmates lack marketable employment skills

a.c. Many inmates lack education

VIII. Other Local Detention Facilities

A. Minimum Security Facilities

1. An alternative to traditional jail

2. Satellite jail to house lower-risk inmates

B. Police Lockups

1. Estimates of 15,000 facilities around the country

2. Most lockups are located in a police building

3. They temporarily detain suspects until they are interrogated or fully processed by the police and transferred to the county jail

4. Dangerous places

C. County Workhouses and Penal Farms

1. Some counties operate a workhouse or penal farm which holds inmates serving 6- to 12-month sentences

2. Low-security facilities tend to be located away from the courthouse and central business district

3. May be more common in rural settings

D. State-Run Jails

1. Some states assist local jails

1.a. Through the development of jail standards

1.b. Jail inspections and certifications

1.c. Funding for construction and operations

2. Some states operate their own jail systems

IX. Trends in Contemporary Jails

A. Alternatives to Incarceration 1. Due to space and budget constraints, alternatives to incarceration will be considered

2. House arrest

3. Electronic monitoring

B. New-Generation Jails and Beyond

1. Post—any position that must be staffed 24 hours a day

2. Lower construction costs due to the materials; does not have to be built to maximum security standards

3. Site selection is problematic

4. Problem with inflexibility of available space

5. Modern jails must be expandable

Key Terms detention facilities—a temporary facility like a drunk tank and lockup in a police station; facilities that hold people for no more than a day or two until they are formally charged, processed, and transported to a jail for booking. direction supervision—supervision of inmates utilized in new-generation jails. Inmates are supervised 24 hours a day. Many of the traditional barriers between staff and inmates are eliminated and staff maintain greater control. high-use jails—a type of jail that both books and holds inmates at high rates. holding jails—a type of jail that books inmates at a low rate but detains them for some time. intermittent supervision—pattern of inmate management utilized in a linear design jail to see what a particular inmate is doing. jail annexes—structures that house the overflow from main jails. Also referred to as satellite jails. jail—a facility typically under the control of a city or county government that houses a diverse population of pretrial detainees, convicted misdemeanants serving short sentences, and convicted felons awaiting transportation to prison. linear design—the most traditional jail design with cells opening onto long straight hallways. low-use jails—a type of jail that both books and holds inmates at very low rates. new-generation jails—third-generation jail design which utilizes a podular design to make the inmates feel safer. podular design—Architectural design utilized in a new-generation jail. Inmates are house in pods and are under direct supervision 24 hours a day. police lockup—one of the most pervasive detention facilities usually located in a police building; designed to temporarily detain suspects and are considered dangerous. post—any position that must be staffed 24 hours a day in a jail. privatization—the movement toward having corrections facilities or specific functions within those facilities constructed or operated by private contractors.

processing jails—a type of jail that books people at a high rate but holds them for a relatively short time

public-private partnership—an arrangement in which a government makes a legal agreement to purchase specific services from a private-sector supplier.

remote supervision—monitoring devices that allow supervision of prisoners and staff members at jail entrances (sally ports), in booking areas, in drunk tanks, and in corridors.

satellite jails – structures that house the overflow from main jails. Also referred to as jail annexes.

special needs—physical, psychological, or medical problems that require treatment or special services.

Chapter Summary

There are more jails and detention facilities in this nation than any other kind of correctional facility. Jails and detention facilities process perhaps as many as 13 million people a year, keeping them for as little as a few hours to as long as a year or more. In reviewing the nature and functions of local jails, keep the following points in mind:  Jails are distinct from prisons in a variety of ways, although they may serve similar functions.  Jails house males and females, adults and juveniles, pretrial detainees and convicted offenders, and a wide range of inmates with special needs.  For the most part in the United States jails are locally funded and locally operated, often by law enforcement agencies. Some states assist with the funding or operation of local jails, and six states have state-run jail systems.  The number of jail inmates has increased dramatically since 1980. Although men still outnumber women in jail, the percentage of women has been increasing more rapidly than has the percentage of men.  Jail architecture has evolved during the past 30 years or so, and many new jails employ a podular design and direct- supervision of inmates.  Although crowding has been a persistent problem, expansion efforts nationwide now have many jails operating at less than 100 percent of capacity.

Discussion Topics

1. Compare and contrast jails with detention facilities. Do all localities have jails and detention facilities?

2. Who is in jail? On the average, who is the typical jail inmate? What types of needs do these individuals come to jail with? Are services and programs to meet the needs of these individuals being provided?

3. Describe the major issues affecting contemporary jails.

Web Activities

1. Go to the Bureau of Justice Statistics website.

On the Home page, click on the link on left: Corrections and then Deaths in Custody Reporting Program to reach Mortality in Local Jails and State Prisons, 2000–2011—Statistical Tables Review the number of inmate deaths that occurred in local jails. Write an essay comparing the rate of inmate deaths with the number of deaths occurring in the United States.

2. Go to YouTube and watch the video: Lockup RAW – America’s Toughest Jails

3. Read the newspaper article: Custer County to move prisoners after ACLU threatens suit

Write an essay regarding the implications of housing inmates in a dangerous facility. CHAPTER 6

Institutional Corrections

Learning Objectives

 To acquaint you with the unique problems of prison management and operations  To give you insights into the rich and varied history and evolution of institutional corrections at state and federal levels  To give you a working understanding of the types and functions of prisons, penitentiaries, and other correctional institutions for long-term confinement  To orient you to the important topic of prison labor, past and present  To establish the idea of the “new prison” as a recurring theme in corrections Chapter Outline

I. Prisoner Management

A. Institutional Goals

1. Custody—the legal or physical control of a person

2. Treatment—refers to a type of therapy associated with a particular diagnosis

3. Custody is the primary responsibility of correctional officers

4. Education and income distinguish custodial staff from treatment staff B. Security Levels

1. Maximum Security

a.a. The highest security level found in most prison systems

a.b. Inmate counts—CO’s conduct frequent scheduled and unannounced counts

a.c. Shakedowns—unannounced searches of cell areas and inmates for weapons, drugs, and other contraband

a.d. Body cavity searches—examinations of inmates’ mouths, anuses, and vaginas

2. Medium Security

1.a. Less restrictive and regimented than maximum security

1.b. Sometimes called correctional facilities or institutions

3. Minimum Security

1.a. The least restrictive form of physical custody

1.b. Facilities look like college campuses, ranches or farms, or work camps

C. Inmate Classification

1. Classification systems developed after WWII assessed the threat offenders posed to the general public

2. Holt v. Sarver (1969)—first to identify the link between living conditions and housing assignments; a basic element of all classification schemes

3. Morris v. Travisono (1970)—first case ordering a state (Rhode Island) to design a classification system

4. Pugh v. Locke (1976)—tied inmate treatment to classification systems

5. As a result of these court decisions, three goals of classification had to be met:

1.a. Classification staff must assign inmates to the least-restrictive security level

1.b. The system must incorporate the assessment of inmate’s needs

1.c. Positive incentives must be extended to inmates to encourage prosocial change

6. Today’s classification systems combine two methods:

1.a. Consensus-based classification systems—prison personnel based on their experiences with problem inmates, identify the factors that determine risk 1.b. Equity-based classification systems—weigh only those factors that relate to the current offense

1.c. Prediction-based classification system—base inmate classifications on a range of legal psychological, social, and medical details about the offender

7. Custody Determination Model—adopted by a quarter of the states and developed by the National Institute of Corrections (NIC)—based custody and security assignments on offender’s history of alcohol and drug abuse and the severity of the offense.

8. Correctional Classification Profile—about one in ten states use this model; created by the Correctional Services Group; it assesses an inmate’s needs based on the risk posed to both the institution and the public at large

9. Classification Officers—implement these classification systems in today’s prisons

D. California’s Classification System

1. 1990s California redesigned its inmate classification system

2. Factors considered included:

1.a. Gang activities

1.b. Age and history with the criminal justice system

1.c. Mental health

II. Prison Types and Functions

A. Radial-design prison—Auburn design

1. Built around a central Times Square sally port area, residential and administrative wings

2. Only a few active in the United States: US Penitentiary at Leavenworth (Kansas) and New Jersey’s Rahway and Trenton state prisons

B. Telephone-pole design prison—central corridor (the pole); wings set at right angles to the central corridor

1. Difficult to regain control during a riot or disturbance

2. The most common design of maximum-security prisons

C. Courtyard-design prison—relies on walls for security

1. Modern prison plans

2. Useful in housing different classification levels

D. Campus-design prison—closely resembles a small college

1. Clusters of living units 2. Downplays patrols and perimeter security

E. Building Design and Inmate Supervision

1. Linear design—among the oldest designs currently in use

2. Sally port—an entryway secured by two steel or barred doors with glass or screen inserts; a secure hallway connects the doors, which face each other

3. Modified linear design—sally ports control access from a central security area to clusters of cells, which share a common area (day area)

4. Podular design—linear living area and intermittent supervision; direct supervision

III. Prison Labor

A. From the Auburn Prison Factory to the Great Depression

1. Contract system—prison wardens sold inmate labor to private vendors

2. Lease system—came about after Civil War; private vendors paid a fixed fee, generally to the warden for prison labor

3. State-use system—evolved in response to charges of unfair competition from prison labor; created a sheltered market where prison labor does not compete with private industry

4. Hawes-Cooper Act (1929) made all inmate-manufactured goods transported through a state subject to that state’s laws

5. Ashurst-Sumners Act (1935) made it a crime for the interstate transportation of prison-made goods into a state whose laws restricted their sale

B. Contemporary Prison Industries

1. 1979 Congress created the Private Sector/Prison Industries Enhancement Certification (PS/PIEC) that removes most of the restrictions placed on inmate- manufactured goods by the Hawes-Cooper and Ashurst-Sumners acts

2. Joint-venture programs—serve as models for other collaborative efforts between prison administrators and the private sector

IV. Federal Prison System

A. May 14, 1930, President Hoover signed legislation creating the US Bureau of Prisons

B. Federal Facilities Profile

1. High Security—US Penitentiaries (USPs)

a.a. Highly secure perimeter

a.b. House high-risk male inmates

2. Medium Security

a.a. Federal correctional institutions (FCIs) a.b. Internal controls not as tight as high-security facilities

3. Low Security

4. Minimum Security

a.a. Federal Prison Camps (FPCs)

a.b. Many located adjacent to a larger institution

a.c. Campers—the lowest risk of all federal prisoners

5. Satellite Prison Camps (SPCs)

C. Administrative Facilities—special-use prisons that proved a range of security conditions for a range of inmates

1. Metropolitan Correctional Centers/Metropolitan Detention Centers (MCC/MDCs)—administrative-security prisons

2. Federal medical center (FMC)—treats women exclusively

3. Federal detention centers (FDCs)—primarily holds short-term federal detainees

4. Federal Transfer Center (FTC)—located in Oklahoma City; responsible for coordinating the movement of inmates between other facilities

5. Secure Female Facility (SFF)—located at USP Hazelton (WV); exclusively houses female offenders

6. Administrative-Maximum (ADX)—super-max penitentiary

D. Beyond Maximum Security: Supermax Prisons

1. Supermax Prison

a.a. exceeds even maximum-security prisons in control and custody

a.b. reserved for the inmates who pose a threat to other prisoners and staff

a.c. locked down 23 hours a day in single-person cells

a.d. two staff members for each inmate

2. Administrative segregation unit—where inmates who break rules can be isolated, usually for short periods

3. Federal Correctional Complex (FCC)

a.a. 14 around the nation

a.b. cluster of institutions with different missions and security levels

E. Programs Profile

1. Work

a.a. Keeps inmates busy for extended periods a.b. Good work habits combined with vocational training, can lead to post-release job placement

a.c. Inmates provide a ready labor pool for institutional jobs

a.d. Federal Prison Industries, Inc.—formed in 1934

a.e. Today UNICOR, the Federal Prison Industries trade name

2. Education

a.a. All institutions offer literacy classes

a.b. English as a Second Language

a.c. Adult continuing education

a.d. Parenting classes

a.e. Library services

a.f. Wellness education

3. Vocational and occupational training

1.a. BOP supports hundreds of occupational training programs

4. Drug treatment

1.a. Drug education—an information-oriented program available to most inmates

1.b. Nonresidential drug abuse treatment—an outpatient program consisting of individual and group counseling, self-help groups and seminars

1.c. Residential drug abuse treatment program—reaches about 10 percent of inmates

V. State Prison Systems

1. State Facilities Profile

a. The 50 states operate 1,719 correction facilities

b. About 70 percent (1,190) are confinement facilities

2. Programs Profile

a. Work

b.i. Jobs are important to state prison systems

b.ii. 87 percent have work programs

b.iii. State prison inmates average $.56 an hour

b.iv. Most inmates work 20 to 44 hours a week b. Education and Vocational Training

i. Programs are widespread in state corrections

ii. 66 percent have adult basic education leading to a GED

iii. 50 percent operate vocational, technical, prerelease, or job-readiness programs

iv. 32 percent have special education programs, including programs for people with learning disabilities

v. 32 percent offer college programs

c. Treatment Programs

i. Drug treatment

ii. Mental health

iii. Sex offender programs

iv. Counseling services

v. Less common is psychological or psychiatric counseling

VI. The Prison of the Future

A. In 2012 Pollock and associates recommended that the nation’s prisons should commit to restorative justice and rehabilitation

B. Next, staff recruitment should seek and retain personnel committed to these principles

C. Prison climate should be changed for inmates to focus on change rather than survival

D. Prisons should adopt evidence-based rehabilitative programming

E. Those committed to change must overcome the forces with a vested interest in the “prison industrial complex”

Key Terms

Administrative Maximum United States Penitentiary (ADMAX)—refers to the supermax penitentiary also called USP-Florence-ADX administrative segregation unit—a supermax cell in a maximum-security prison or jail

Ashurst-Sumners Act—an act passed in 1935 by Congress, the Act made it a crime for the interstate transportation of prison-made goods whose laws restricted their sale body cavity searches—an intrusive examination of inmates’ mouths, anuses, and vaginas campers—the lowest risk of all federal prisoners; most are white-collar criminals or other nonviolent offenders campus-design prison—closely resembles a small college; clusters of living units; patrols are downplayed classification officer—may be called case managers or case workers; they are generally considered to be noncustodial support staff positioned between the custodial and treatment staff consensus-based classification systems—prison personnel, based on their experiences with problem inmates, identify the factors that determine risk contract system—prison wardens sold inmate labor to private vendors who provided the necessary machinery, tools, raw materials, and even supervisory staff

Correctional Classification Profile—adopted by one in ten states; this profile assesses an inmate’s needs based on the risk posed to the institution and the public. courtyard-design prison—relies on the institution’s walls for security; considered to be one of the more modern prison plans custody—the legal or physical control of a person

Custody Determination Model—adopted by a quarter of the states; developed by the National Institute of Corrections (NIC), this model bases custody and security assignments on such factors as the offender’s expression of violence before and since incarceration, history of alcohol and drug abuse, and the severity of the current offense. dehumanization—the process of stripping inmates of their personhood drug education—an information-oriented program available to almost all inmates in federal facilities equity-based classification systems—an attempt to treat all inmates the same and only weigh those factors that relate to the current offense or the nature of the crime

Federal Correctional Complex (FCC)—an administrative unit operated by the BOP

Federal Correctional Institutions (FCIs)—Medium security facility federal facility; perimeters are double-fenced.

Federal Detention Centers (FDCs)—hold short-term federal detainees

Federal Medical Center (FMC)—a medical facility to treat inmates

Federal Prison Camps (FPCs)—all Federal minimum-security facilities. Limited or no perimeter fencing

Federal Prison Industries, Inc.—BOP work program formed in 1934

Federal Transfer Center (FTC)—facility responsible for coordinating the movement of inmates between other facilities

Hawes-Cooper Act—Act signed by President Hoover which made all inmate-manufactured goods transported through a state subject to that state’s laws. inmate counts—a staff member physical views each inmate and counts them joint-venture programs—sometimes called Free Venture Programs is a collaboration between prison administrators and the private sector lease system—a modification of the contract system; private vendors paid a fixed fee, generally to the warden for prison labor linear design—among the oldest designs in use; one- or two-person cells line a hallway; COs control movement in and out of the cell area from one end of the hallway maximum security—the highest security level found in most prison systems; reserved for inmates who pose the greatest threat to society medium security—less restrictive and regimented than maximum security; usually called a correctional facility or institution

Metropolitan Correctional Centers/Metropolitan Detention Centers (MCCs/ MDCs)—administrative- security prisons minimum security—least restrictive form of prison custody; often resemble college campuses, ranches or farms, or work camps. modified linear design—sally ports control access from a central security area to clusters of cells, which may share a common area nonresidential drug abuse treatment—an outpatient program consisting of individual and group counseling, self-help groups, and seminars. podular design—generally a triangle-shaped structure lined with individual cells that share a central day area prediction-based classification systems—these base inmate classifications on a range of legal, psychological, social, and even medical information about the offender

Private Sector/Prison Industries Enhancement Certification (PS/PIEC)—enacted by Congress (1979), the law removed most of the restrictions placed on inmate/manufactured goods by the Hawes- Cooper and Ashurst-Sumners acts. radial-design prison—built around a central Times Square sally port area; only a few active prisons in the United States with this design residential drug abuse treatment program – a voluntary program for inmates with serious drug-related problems rites of passage—rituals that reinforce the idea that the inmates are no longer free sally port—an entryway secured by two steel or barred doors with glass or screen inserts; a secure hallway connects the door, they operate electronically or manually, but both doors cannot open at the same time

Satellite Prison Camps (SPCs)—minimum-security camps operated by the BOP adjacent to a main facility; primary function to house an accessible workforce for the more secure facility

Secure Female Facility (SFF)—special use facility located at USP Hazelton (WV), which exclusively houses female offenders shakedowns—searches of cell areas and inmates for weapons, drugs, and other contraband state-use system—developed in the late 1800s; created a shared marked in which prison labor does not compete directly with private industry supermax prison—exceeds even maximum-security prisons in control and custody; reserved for the inmates who pose such a threat to other prisoners and staff that they need to be locked up 23 hours a day in single-person cells telephone-pole design prison—has a central corridor (the pole) for easy movement; wings set at right angles house the cells and functional and administrative areas total institution—physical and social environments in which others control nearly every aspect of residents’ daily lives treatment—term borrowed from medicine and refers to a type of therapy associated with a particular diagnosis

UNICOR—the Federal Prison Industries’ trade name that employs and provides job skill training; contributes to the safety and security of federal prisons by keeping inmates occupied; produces market-priced quality goods for sale to the federal government; operates in a self- sustaining manner; and minimizes any negative impact on private business and labor

US Bureau of Prisons (BOP)—developed a system of management adopted by three-quarters of the states that focuses on a number of factors, including the severity of the current offense, the time the inmate may serve on the current sentence and the inmate’s history of incarceration, escapes and violence.

US Penitentiaries (USPs)—high-security prisons in the federal system; contain a highly secure perimeter.

Chapter Summary

Correctional institutions play an essential role in the protection of society from some of its more dangerous law-breaking members. Whether the state or federal governments operate them, such facilities must balance multiple goals, including custody and treatment, although the former tends to trump the latter. Some other key points presented in this chapter include:  A prison is a total institution specifically designed for punishment, but the punishments rendered must be humane and follow guidelines based on the US Constitution and defined by Federal and state laws and court decisions.  Security arrangements—especially those found in maximum-security or supermax prisons—can and do create bleak living conditions for those subjected to them; there is a dynamic give-and-take, then, between inmates’ rights and the need to protect society, the institution, and inmates themselves.  Today, prisons have also become an economic force as communities compete for new prisons: prisons mean jobs that are nonpolluting, renewable, and, except for private prisons, protected by civil service regulations.  Jail or prison terms are what the public demands when criminals are convicted. Discussion Topics

1. Describe the rites of passage and dehumanization that inmates go through upon entering prison. Who imposes these practices upon the new inmate and how?

2. Compare and contrast the various security levels in prisons. How are they managed? Do all security levels apply to male and female institutions?

3. Describe the different prison designs. What are the functions of each and are they in use today?

Web Activities

1. Go to the North Carolina Department of Public Safety website. Research the various ways in which inmates work. Write a 2 page essay discussing the benefits and problems associated with inmate labor.

CHAPTER 7

Jail and Prison Inmates Learning Objectives

 To give you a sense of who are the nation’s jail and prison inmates  To acquaint you with the culture and everyday life of those imprisoned by local, state, and federal authorities  To give you a framework for understanding the violence found in many correctional institutions, from the exploitation of individual inmates to prison riots  To provide you with a baseline understanding of the breadth and depth of issues confronting those who work on a daily basis with prison and jail inmates Chapter Outline

I. Characteristics of Jail Inmates

A. Local Jail Inmates

1. Over 38 percent of all local jail inmates are not convicted of a crime

2. Witness or persons of interest may be temporarily confined

3. Mentally ill persons

4. Individuals convicted of misdemeanors

5. Convicted felons awaiting transfer to prison

6. Midyear 2010, the nation’s local jails held an estimated 748,728 inmates

B. Federal Jail Inmates

1. In 2006—BOP (Bureau of Prisons) operated 12 jails

2. Metropolitan correction centers, metropolitan detention centers, and federal detention centers

3. Held about 13,000 inmates

4. About three-fourths of the inmates were not convicted of any crime

5. Vast majority are male inmates

6. Two-thirds of the inmates were white; just under one-third were black

II. Characteristics of Prison Inmates

A. State Prisoners

1. In 2010, non-Hispanic blacks accounted for nearly 38 percent of all state prison inmates

2. Non-Hispanic whites made up over 32 percent of the state prison population

3. Disproportionately male (over 93 percent)

4. Private-sector prisons

a.a. 415 in 2005 a.b. Housed 128,195 inmates in 2010

a.c. 94 percent were male

5. Average state inmate is a black male aged 32

6. 57 percent have never been married

7. 26 percent are divorced, separated, or widowed

8. Inmates have on average of 12 years of schooling

9. Over 56 percent report alcohol or drug use in the month of their offense

10. 33 percent were using drugs at the time of their arrest

11. Imprisonment binge—results from an increased incarceration level, crowding, and new construction

B. Federal Prisoners

1. Less than 40 percent were non-Hispanic blacks

2. About 57 percent were white

3. About 93 percent were male

4. Average age—37 years old

5. 26.7 percent were noncitizens

6. Drug offenses have played a primary role in the population growth from 2000–2012

7. Factors for the increase in the federal prison population

a.a. The War on Drugs

a.b. Nation’s courts began getting tough on drug offenders in the 1980s

a.c. Violators of the nation’s immigration laws constitute a unique offender group

III. Jail and Prison Culture

A. Prisonization—the in which inmates adapt the folkways, mores, customs, and culture of the penitentiary

B. Prisonization is highest among:

1. Inmates with long sentences

2. An unstable personality that was present before incarceration

3. No positive relationships outside prison

4. A readiness and capacity for integration into the inmate subculture

5. Acceptance of the inmate code 6. Living in the same cell or close to others of a like persuasion

7. Participation in gambling and homosexual behavior

C. Characteristics of the Inmate Subculture

1. Subculture—a social group that exhibits unique characteristics, including norms, rules, and regulations, that distinguish it from, and often place it in conflict with, the larger society

2. Prison subculture—negative, its animosity is directed equally at the prison staff and free society

3. Fish—inmates new to prison life; these inmates have a low status and are easily exploited

D. The Inmate Code—attitudinal and behavioral norms of prison subculture

1. Never interfere with the interests of other inmates

2. Don’t lose your head

3. Don’t exploit other inmates

4. Don’t be weak

5. Punish violators quickly and severely

E. Inmate Roles and Adaptive Behaviors

1. Right guys—rare inmates who follow all of the precepts of the code; the most prisonized of all inmates

2. Con-politicians—inmates with money and influence with both guards and inmates.

3. Outlaws—inmates who rely on force and physical violence to obtain what they want from other inmates

4. Square Johns—inmates who follow the prison’s official rules, take part in institutional programming, and ignore all but the snitching provision of the inmate code

5. Doing time—inmates view the prison experience as a break in their careers

6. Jailing—prisoners who do not think about the outside world as home; they usually grew up in institutions

7. Gleaning—getting as much out of prison as possible

F. Sex and Institutional Life

1. Punks—the more passive participant; experience a low status

2. Wolves—the aggressors who rarely view themselves as homosexuals

3. Sex can be a consensual act, an economic exchange, or a forced act of violence

4. Sex among female inmates is usually voluntary 5. Studs, butches, or pimps take the masculine role

6. Femmes, broads, or foxes take the feminine role

G. The Origins of Inmates’ Social Organization

1. Deprivation hypothesis—a major function of the inmate subculture’s normative system is to prevent the internalization of social rejection and its conversion into self- rejection

2. Pains of incarceration—the inmate’s emotional reaction to the loss of: liberty; goods and services; heterosexual relationships; autonomy; freedom of movement; and security

3. Solidary opposition—inmates attempt to neutralize imprisonment’s emotional consequences by forming their own community

4. Cultural importation hypotheses—inmates enter prison with values and experiences that conflict with the culture

H. Prison Culture in the Twenty-first Century

1. The black market has everything from drugs to sex for purchase or barter

2. Racial tension is associated with gang culture and has ties to outside of the prison

3. Violence is committed by inmates and staff

4. The goal for inmates is just to survive

IV. Violence in Correctional Institutions

A. Inmate Violence

1. Physical Violence

1.a. Jails

a.a.i. In 2008—local jails experienced 960 deaths

a.a.ii. Jailhouse suicide—leading cause of death

a.a.iii. Murders in jails is small

a.a.iv. Fights were numerous among inmates younger than age 25

a.a.v. In 2005—local jails reported 1,700 allegations of sexual violence

a.a.vi. Jail inmates assault staff

1.b. Prisons

a.a.i. In 2009—prisons reported 3,408 inmate deaths

a.a.ii. Prison deaths—nearly 88 percent from illness

a.a.iii. In 2000—34,000 assaults on inmates reported 2. Psychological Victimization—the threat of physical harm

a. Inmates are often terrorized by other inmates

b. Many inmates live in fear of other inmates

c. Some inmates request segregation

d. Others inmates lock themselves in their cells

e. Some inmates are hermits to protect themselves

f. Crowding is a contributing factor to victimization

3. Economic Exploitation—another form of violence against inmates on inmates

1.c. Legitimate inmate economy—the facility’s store, commissary, or canteen

1.d. Sub rosa inmate economy—an underground marketplace that exists outside the legitimate inmate economy

B. Riots and Other Disturbances

1. Prison riot—a collective attempt by the inmates to overtake the prison

2. A History of Contemporary Prison Riots

1.a. 1946—takeover of Alcatraz, called the Rock

1.b. 1971—Attica Prison

1.c. 1980—Penitentiary of New Mexico

3. Explaining Prison Riots

1.d. Frustration riots

1.e. Race riots

1.f. Political riots

1.g. Rage riots

V. Inmate Issues

A. Prison Gangs—cliques and informal groups organized principally or even exclusively on racial or ethnic lines

B. Security threat groups—gangs found in 40 state systems and the District of Columbia and in the US Bureau of Prisons

C. The Threat to Prison Safety and Security

1. Prison gangs create problems for prison authorities

2. Gangs are the source of much prison violence 3. Riots and other disturbances often create a power vacuum that new gangs are too ready to fill

4. Building tenders—inmates tacitly acknowledged by prison administers to have informal social control of a given inmate area

D. Responding to Prison Gangs

1. Close-custody unit—a form of administrative segregation

2. Prison classification system to break up gangs

3. Unit management approach—helps break up existing ties based on race, ethnicity, or gangs

4. Create gang-free facilities (GFFs)

E. Jailhouse Suicide

1. Refers to suicides occurring in jails and prison

2. Jails—often by hanging; second leading cause of death, after illnesses

3. Prisons—most (over 52 percent) occurred after 23 months of confinement

Key Terms building tenders—inmates who were tacitly acknowledged by prison administrators to have informal social control of a given inmate area close-custody unit—a form of administrative segregation con-politicians—inmates with money and influence: through skill and manipulation, with enough money to pay they obtain goods or services cultural importation hypothesis—inmates enter prison with values and experiences that rival others within the prison deprivation hypothesis—a major function of the inmate subculture’s normative system is to prevent the internalization of social rejection and its conversion into self-rejection doing time—inmates who view the prison experience as a short break in their criminal career drug offenses—clearly played a primary role in the overall growth of the prison population during the period from 2000 to 2010 economic exploitation –inmates are taken advantage of within prisons and jails because of the monopolistic prices they must pay for goods and services in the inmate sub rosa economy fish—inmates new to prison life frustration riots—during the 1940s and 1950s, dozens of prisons in the nation experienced these types of riots between a unified inmate subculture and prison authorities gleaning—inmates who adapt to prison life by getting as much out of prison as possible through programs and self-improvement imprisonment binge –due to increased incarceration levels, crowding, and new construction inmate code—attitudinal and behavioral norms of prison subculture jailing—inmates who adapts to prison life by not thinking of the world outside as home legitimate inmate economy—the facilities store, commissary, or canteen outlaws—inmates who rely on force and physical violence to obtain what they want from other inmates pains of imprisonment—term used to describe the inmate’s emotional reaction to the loss of: liberty; goods and services; heterosexual relationships; autonomy; freedom of movement; and security political riot—a riot where inmates make demands submitted to prison officials prison gangs—not a part of the traditional prison culture; cliques and informal groups organized principally or even exclusively on racial or ethnic lines prison riot—a group attempt by inmates to take over part or all of the prison prison subculture—the negative, animosity directed equally at the prison staff and at the free society prisonization—the mechanism through which one becomes a member of that subculture—prison inmates adapt to the general culture of the penitentiary psychological victimization—the threat of physical harm punks—inmates who passively participate in homosexuality in prison or jail race riots—apolitical racial conflict was a crucial factor in these types riots rage riots—often spontaneous, an expression of real or perceived inmate frustration with mistreatment right guys—those rare inmates who follow all of the precepts of the code; the most prisonized of all prison or jail residents security threat groups—prison gangs are found in 40 state prison systems, the District of Columbia and in the US Bureau of Prisons; solidary opposition—the inmate’s collective response to the pains of imprisonment

Square Johns—inmates who follow the prison’s official rules, take part in institutional programming and generally ignore the inmate code apart from the snitching provision sub rosa inmate economy—an underground marketplace that exists outside the legitimate inmate economy unit management—to create small, semiautonomous self-contained institutions of approximately 50 to 100 inmates to break up existing ties based on race, ethnicity, or gangs wolves—the aggressor of sex in prisons or jails who does not view themselves as homosexual

Chapter Summary

In this chapter, we explored the residents of the nation’s prisons and jails. What we have learned is that these populations are heavily minority in composition. Today’s inmate shares much in common with his or her predecessor of 25, 50, or even 100 years ago because many of the challenges— deprivations—they face have not changed; however, in other important ways, prisoners are changing to meet a new prison world. Key points of interest to consider in this chapter are as follows:  Prisoners today face many of the same pains of imprisonment and deprivations that confronted those confined in jails and prisons 50, 75, even 200 years ago.  What is different about jails and prisons today is that the populations are far less cohesive than they were just 30 years ago.  Although the demise of inmate solidarity can be good from an administrative perspective, for example, there is less organized inmate resistance to prison rules and regulations, it can also have less positive effects.  Inmates have become far less predictable: the instances of their responding to real or imagined insults with violence have increased dramatically.  The strict enforcement of restrictive and sometimes meaningless rules that define what inmates can and cannot do to embellish their living spaces has led to a prison environment that is more drab and monotonous than ever. Never a pleasant living environment, current conditions in the nation’s jails and prisons may be worse than they were in the 1950s, largely because of what has been described as an imprisonment binge.

References

Clemmer, Donald. 1940/1958. The prison community. New York: Holt, Rinehart & Winston. Clemmer, Donald. 1951. Observations on imprisonment as a source of criminality. Journal of Criminal Law and Criminology 41: 311–19. Kerbs, John J., and Jennifer M. Jolley. 2007. Inmate-on-inmate victimization among older male prisoners. Crime and Delinquency 53: 187–218. Pollock, Joycelyn. 2004. Prisons and prison life: Costs and consequences. Los Angeles: Roxbury.

Discussion Topics

1. Who is the typical local jail inmate? What distinguishes this individual from those incarcerated in state prisons? In federal prisons?

2. What are the characteristics of the inmate code? What does the inmate code represent? What are the repercussions of violating the inmate code?

3. What are the various types of violence in correctional institutions? Is violence committed more against staff or inmates and by whom?

Web Activities

1. Go to the YouTube Video: VIDEO from US prison shows inmate held down, pepper sprayed at close range

Write an essay about whether you think this is appropriate treatment of an inmate or torture. Does this violate the rights of the inmate?

2. Read the publication: Jail Inmates at Midyear 2012 – Statistical Tables

Generate a class or online discussion as to what the statistics mean regarding the nation’s jails. 3. Read the article: Educating Juveniles in Adult Jails: A Program Guide

Write a reflection paper concerning the use of Adult Jails for Juvenile Offenders. Should these offenders continue their education while being incarcerated?

CHAPTER 8

Special Needs Inmates

Learning Objectives

 To catalog the members of special needs inmate groups

 To reveal the issues associated with special needs inmates

 To explore the costs associated with providing correctional services to such inmates

 To examine the pressures that special needs inmates create for institutional corrections

 To give a sense of why special needs inmates are both vulnerable to inside and outside pressures

Chapter Outline

I. Incarcerated Children, Adolescents, and Young Adults

A. The Young and the Restless

1. In the future, we will tend to incarcerate younger, more violent offenders

2. These chronic offenders will be state-raised

B. Juveniles in Local Detention Facilities

1. Juvenile detention centers—free-standing structures or may be part of larger city or county jail complexes

2. Operate much like adult jails

3. Places where youngsters are threatened, beaten, and sexually assaulted by other inmates and by staff members

C. Juveniles in Adult Jails

1. Mandate of Juvenile Justice and Delinquency Prevention Act of 1974—to remove juveniles from adult jails

2. Sight-and-sound-separation—jails must provide separation between adolescent and adults offenders

3. Housing youthful offenders in adult jails exposes them to adult offenders and to staff members whose job is to work with adults D. Juveniles in Secure Juvenile Facilities

1. Juveniles with long-term sentences are usually housed in juvenile correctional facilities

2. Most state facilities can hold juveniles until they turn 21

E. Adolescents and Young Adults in Adult Prisons

1. A small number of adolescent offenders (between 1 and 2 percent of all accused delinquents) are transferred to criminal courts and tried as adults

2. Problematic for correctional authorities are the first-time serious offenders who have never been incarcerated before

3. Youthful inmates can be disruptive as they try to establish reputations

II. Inmates with Medical Needs

A. HIV/AIDS

1. HIV positive—the documented presence of the Human Immunodeficiency Virus in a human being

2. AIDS—Acquired Immunodeficiency Disorder Syndrome, which weakens the immune system and allows infections and cancers to develop

3. Death of jail inmates related to HIV-AIDS—second greatest cause of death from illness

B. Tuberculosis

1. Highly contagious disease of the lungs, intestines, and joints

2. TB can be airborne

3. Multiple drug-resistant form of tuberculosis (MDR-TB)—does not respond to traditional treatment

C. Hepatitis

1. Hepatitis C virus (HCV)

1. Prevalence of HCV among prisoners id higher than the general population

D. Female Medical Needs

1. Medical services

1.a. Few jails or prisons have gynecologists or obstetricians on call

2. Privacy

3. Exploitation and degradation by COs

4. Motherhood

5. Training, counseling, and rehabilitation 5.a. Programs at women’s institutions have reinforced gender stereotypes

III. Inmates with Mental Illness and Mental Health Problems

A. Scope of the Problem

1. Mental health problem—designation for a variety of mental functioning issues that include genetic issues and both drug- and alcohol-induced psychoses

2. Mental illness—associated with more focused and severe medical conditions such as schizophrenia, bipolar disorder, delusions, or hallucinations

B. Associated Issues

1. Many inmates have drug and alcohol dependency issues

2. Inmates with mental health problems more likely to have been homeless

3. Mental health problems frequently come from families with a history of substance abuse

4. Mentally ill inmates report physical or sexual abuse prior to incarceration

C. Treatment Programs and Resources

1. 95 percent of facilities offer some type of mental health services

D. Institutional Adjustment

1. Inmates can be dangerous to themselves, to other inmates, and to staff

IV. Gay, Lesbian, Bisexual, and Transgendered Inmates

A. Gender and Sexual Orientations: Key Distinctions

1. Gender identity or gender orientation—a person’s self-conception as either male or female that is independent of biological sex

2. Sexual orientation—the preferred sexual partner of the individual

3. Gender Identity Disorder (GID)—transgender; a person whose internal gender identity at odds with his/her physical anatomy

B. Policies and Practices

1. GLBT Inmates and Housing Arrangements

1.a. Protective custody (PC)—a specialized form of imprisonment intended to segregate, isolate, and insulate an inmate from harm or threat

1.b. PC units—generally segregated from the facility’s general population by secure doors or other physical barriers

1.c. Sexual reassignment surgery (SRS)—the process of moving physically from one biological sex to the other

2. Conjugal Visits—Lyons v. Gilligan (1974) C. Associated Issues

1. GLBT Sexual Victimizations

1.a. Transgender males inmates are more likely to report sexual victimizations

2. Other Forms of Victimization

2.a. Public ridicule

2.b. Housing

2.c. Sexual attacks

3. Specialized Medical Issues

3.a. Hormone replacement therapy for transgendered inmates

V. Unauthorized Immigrants and the US Correctional System

A. Policies and Practices

1. ICE detainees—immigration detainees being held for immigration violations

2. Deportable person—an alien in and admitted to the US subject to any grounds of removal specified in the Immigration and Nationality Act

B. Immigration Detainees Around the World

C. Associated Issues

1. The costs of detaining unauthorized immigrants

2. Detaining unauthorized immigrants and deportable aliens for profit

3. Life in prison without trial

Key Terms

AIDS—Acquired Immunodeficiency Disorder Syndrome, which weakens the immune system and allows opportunistic infections and cancers to develop conjugal visits—a scheduled period in which an inmate is permitted time in private with a visitor, usually their legal spouse gender identity (or gender orientation)—a person’s self-conception as either male or female that is independent of biological sex deportable person—an alien admitted to the US subject to any grounds of removal specified in the Immigration and Nationality Act gender identity disorder (GID) ( or gender identity)– a person’s self-conception as either male or female that is independent of biological sex gender orientation—or gender identity; a person’s self-conception as either male or female that is independent of biological sex GLBT inmates—diagnosed as a medical disorder; a person whose internal gender identity is at odds with his or her physical anatomy hepatitis C virus (HCV)—very dangerous; about 80 percent of its victims develop a chronic infection; spread through infected blood, common through sharing needles and sexual contact

HIV positive—documented presence of the Human Immunodeficiency Virus in a human being

Immigration and Customs Enforcement (ICE)—Department of Homeland Security department that is empowered to enforce the Immigration and Nationality Act juvenile detention centers—free-standing structures or a part of a larger city or county jail complex; sometimes called a juvenile hall; operates very much like an adult jail and provides short-term incarceration prior to, or immediately following, juvenile court adjudication mental health problem—broad designation for a variety of mental functioning issues that include genetic issues and both drug- and alcohol-induced psychoses mental illness—normally associated with more focused and severe medical conditions such as schizophrenia, bipolar disorder, delusions, or hallucinations multiple drug-resistant tuberculosis (MDR-TB)—a form of TB that does not respond to traditional treatment protective custody—(PC) a specialized form of imprisonment intended to segregate, isolate, and insulate an inmate from a specific harm or threat, which is usually noted specifically in the institutional protective custody order

PC-units—in a prison or jail are generally segregated from the facility’s general population by secure doors or other physical barriers sexual orientation—refers to the preferred sexual partner of the individual sexual reassignment surgery (SRS) –the process of moving physically from one biological sex to the other sight-and-sound separation—from an operational standpoint keep juveniles separate from in adults jails special needs inmates—a class of inmates for whom imprisonment creates a greater likelihood that their civil and human rights will be violated

Chapter Summary

This chapter addressed a highly charged topic: special needs inmates. Without doubt, many readers will ask, what’s all the fuss about? Or they will suggest that such inmates deserve what they get. The point of this chapter is to articulate the position that a humane society owes all of its citizens basic services, including those who by their actions have had their freedom curtailed, no matter the extent to which their actions or personal characteristics may offend some members of the public. Key points of interest to consider are the following:

 Children, adolescents, and young adults are held in prisons and jails, in spite of federal legislation to the contrary. Moreover, the children of unauthorized immigrants are detained, often for long periods of time, largely because their fate is determined by civil and not criminal court actions, meaning their detention is not a punishment, at least in legal theory.  Prisons and jails are ill-equipped to provide adequate medical treatment for inmates who either enter these institutions ill or develop a medical issue while incarcerated. Indeed, for some highly contagious diseases, including hepatitis and multiple drug-resistant tuberculosis, the design of prisons and jails create a breeding ground for pandemics.

 Women’s needs are rarely met inside most prisons and jails, even those designed specifically for them.

 Inmates suffering from mental diseases or disorders often find themselves ignored by the nation’s jails and prisons, abused by other inmates, and returned to society in worse condition than when they were first incarcerated.

 The medical, legal, and physical needs of GLBT inmates have long been ignored; moreover, they suffer high victimization levels at the hands of other inmates and correctional staff.

 The detention of unauthorized immigrants borders can be considered as a national disgrace, especially when considering the fate of families and children who are detained, the use of indefinite detention, and related legal issues. Tens of thousands of men, women and children are detained in living conditions that would be unacceptable for convicted criminals.

 Few of these groups of special needs inmates enjoy the same legal protections as the majority of prison or jail inmates and most face high levels of physical and emotional abuse.

Discussion Topics

1. Who are special needs inmates? Do they receive “special” treatment? What are the responsibilities for correctional officials in regards to special needs inmates?

2. Are female inmates treated the same as male inmates? Are there any specific needs which females have that should be addressed by correctional officials? Do correctional officials have to meet all of the special needs of inmates? Why or why not?

3. Compare and contrast gender identity/gender orientation with sexual orientation. Are these inmates entitled to special housing assignments, sexual reassignment surgery, and hormone replacement therapy? Why or why not?

Web Activities

1. Review a section of United Nations Office on Drugs and Crime Handbook on Prisoners with Special Needs

Write an essay about how specific inmates with special needs should be treated.

2. Go to the Federal Bureau of Prisons Inmate Programs website.

Using the menu on the left review the different services provided to inmates with special needs. Generate an in-class discussion or online discussion board regarding services for special needs inmates.

3. View the YouTube video: Jailing the Mentally Ill: A story behind bars.

Write a reaction paper to this video. CHAPTER 9

Parole and Prisoner Reentry

Learning Objectives

 To provide you with an historical context for modern parole and prisoner reentry  To acquaint you with the mechanisms by which parole is provided, monitored, and revoked in contemporary US jurisdictions  To introduce you to the evolving topic of prisoner reentry as distinct from, and related to, parole  To give you insights into the issues and trends in parole and prisoner reentry Chapter Outline

I. Origins of Parole

A. Parole is a conditional release from prison

1. Means “word of honor”

2. Irish ticket-of-leave system (1854)—a way of releasing ex-convicts into the community through four stages

3. Inspector of released prisoners—the first parole officer

4. Good-time laws—passed in 1817 in New York—allowed prison officials to shorten an inmate’s prison term in exchange for good behavior 5. Early parolees were required to report monthly to citizen volunteers known as guardians

B. Parole and the Great Depression

1. Parole use grew greatly

2. Federal laws during the Great Depression restricted the sale of products created using prison labor

C. Parole in the Twenty-first Century

1. Most state and federal prisoners leave institutions under a mandatory early- release system

2. Most parole systems do not meet inmates’ rehabilitative and reintegration needs

II. The Administration of Parole

A. Unless an inmate dies, they reenter society in one of the following ways:

1. Commutation of sentence—extraordinary action by the executive branch of government

2. Pardon—another form of executive clemency or mercy: a rare event

3. Expiration release—unconditional release from prison when the offender’s— minus any good-time credits—ends.

4. Discretionary release—initiated by correctional authorities when they believe an inmate is ready to be released

5. Mandatory release—the method that most inmates leave custody as a result of their sentence being satisfied by the mandatory guidelines

6. Supervised release—a release that extends supervision upon exiting the state prison by as much as one-third of the original sentence

B. Eligibility for Parole

1. Parole eligibility date—the earliest point at which the inmate can leave prison

C. Granting Parole: The Parole Board

1. Independent parole boards—free of any other state agency’s control and generally report directly to the governor; make all release and revocation decisions for parolees in the jurisdiction

2. Consolidated parole boards—autonomous panels within the governmental department responsible for administering correctional institutions or community corrections

3. Institutional model—the composition of the consolidated parole board, which employs full-time corrections professionals

D. Parole and Post-Release Decision Making: Policies and Procedures

1. Repentance of prior criminal acts 2. Prior adjustment in the community

3. Inmate’s physical, emotional, and mental health

4. Adequacy of the parole plan

5. Summary report of institutional conduct

E. Parole Decisions: Risks and Remedies

1. One that angers the public is a political mistake

2. One that compromises public safety could be life-threatening

3. False positives—parolees who looked to be good risks but later committed a crime

4. False negatives—inmates who would have made a success of their parole

F. Parole Officers—state-level civil services employees or combination probation/parole officers

G. Conditions of Parole

1. Parole agreement—lists a state’s standard conditions of parole

H. Length of Supervision

1. State and federal laws govern the length of parole

2. Parole lasts from as little as six months to as long as seven years

III. Violations of Parole

A. Parolees who commit new offenses and technical violations fail

a. Parole officers may ask the court to issue a citation—a legal document ordering the parolee to appear at a violation hearing

b. Otherwise, the parole officer who observes a violation in person can immediately take the parolee into custody—a summary arrest

B. The Preliminary Hearing

a. In Morrissey v. Brewer (1972), the Supreme Court ruled that parolees have limited due process rights

b. A hearing officer conducts a preliminary hearing—to determine probable cause.

C. The Revocation Hearing

a. If the evidence supports the alleged violation, the board may continue the parole or incarcerate the parolee

IV. Prisoner Reentry

A. Determinate sentences means automatic release B. More parolees have unmet needs

C. Parolee supervision replaces services

D. Most parolees return to prison

E. Defining Prisoner Reentry

1. Release from prison and adjustment into the free society

2. Reentry can help redefine the role of prisons in society

3. Prison managers must redefine their responsibilities beyond just holding inmates and releasing them at a specified time

4. Reentry is central to the reconsideration of the nation’s sentencing policies

5. Reentry demonstrates that successful reintegration and its impact on the offender and their family is an important goal

F. Elements of Successful Reentry

1. Prepare for reentry

2. Build bridges between prisons and communities

3. Seize the moment of release

4. Strengthen the concentric circles of support

5. Promote successful reintegration

V. Parole and Prisoner Reentry Today

A. Profiles of Parolees

1. Whites—42 percent

2. Blacks—39 percent

3. Hispanics—18 percent

4. American Indian/Alaska Native—1 percent

5. Pacific Islander—1 percent

6. Males—88 percent

7. Felons—95 percent

B. Trends in Parole and Prisoner Reentry

1. Dramatic growth between 1980 and 2010

2. Mandatory parole the most prevalent form of release

3. Nearly all parolees will eventually return to the community

Key Terms citation—a legal document roughly equivalent to a traffic ticket commutation of sentence—action by the executive branch of government; legally means exchanging one punishment for another less severe one consolidated parole boards—autonomous panels within the government department responsible for administering correctional institutions or community corrections discretionary release—initiated by correctional authorities when they believe an inmate is ready for life on the outside expiration release—an unconditional release from prison when the offender’s sentence,– minus any good time credits, ends false negatives—inmates who could have made a success of their parole, but are denied parole false positives—parolees who looked to be good risks, but later committed a crime good-time laws—passed in 1817 allowed prison officials to shorten an inmate’s prison term in exchange for good behavior guardians—citizen volunteers who supervised parolees in New York State during the 1800s hearing officer—typically a supervisory-level or senior member of the parole agency staff who conducts the preliminary parole hearing independent parole boards – a parole board model free from any other state agency’s control and generally reports directly to the governor inspector of released prisoners—the first parole officer institutional model—the composition of the consolidated parole board that typically employs full-time corrections professionals Irish ticket-of-leave system—created by Crofton in 1854 as a way of releasing ex-convicts into the community iron law of imprisonment—except for those that die in prison, all the rest eventually return to free society iron law of prison populations – prison populations are determined by the number of people sent to prison and by the amount of time the prisoners reside in them mandatory release—today many inmates serve a statutorily defined minimum length of time and their release is automatic pardon—executive clemency or mercy; a unique and rare event parole—a conditional release from prison parole agents—parole officers; state-level civil service employees parole agreement—standard conditions of parole parole eligibility date—the earliest point at which the inmate can leave prison parole officers—parole agents; state-level civil service employees prisoner reentry—release from prison and adjustment into free society summary arrest—when a parole officer observes a violation of parole in person, they can immediately take the parolee into custody supervised release—supervision is extended by as much as one-third of the original sentence

Chapter Summary Parole and prisoner reentry—like probation and community corrections in Chapter 4—are similar to each other, but differ in important ways as well particularly given the specific way most jurisdictions use parole and the rather generic use of the term prisoner reentry. From this chapter, you should note the following:

 Parole allows the executive branch to exercise a similar measure of control, and to provide a similar measure of security, for what many view as a more dangerous offender population (people not eligible for probation or other community-based corrections programs).

 Parole or supervised release gives the offender an opportunity to show that he or she can live lawfully and productively in the free community.

 Parole allows both jail and prison systems to relieve the pressure of crowding.

 The War on Drugs and other legislative initiatives, along with state and federal movements to restrict or eliminate parole (through determinate sentencing), have swelled the number of inmates in jails and prisons, and with that increase has come an increase in the use of parole.

 The number of people entering the justice system is unlikely to decrease in the near future. This means that parole and other means of prisoner reentry are likely to remain important alternatives to incarceration.

 The future of prisoner release may depend on the extent to which policymakers consider the principles underlying prisoner reentry as a new way of viewing the reintegration of ex-offenders into the community.

 Contrary to the position widely endorsed in the 1980s and 1990s, parole is not dead. States have abandoned it, only to reconstitute it, often in response to pressures created by the iron law of prison populations at the end of the millennium. Even Maine, which made the most complete break of all with parole, was experiencing political and social pressures to restore the system. Parole, in its many manifestations, has proved to be an integral and responsive part of the nation’s correctional system.

Discussion Topics

1. Trace the history of parole. What influence did the Irish ticket-of-leave system have on modern day parole?

2. How is parole administered today? What are the various ways that an inmate reenters society?

3. Discuss prisoner reentry in the United States. What are the implications of prison reentry? Are most inmates successful when they reenter society?

Web Activities

1. View Cinelli’s Parole Hearing on YouTube

Write an essay of the likelihood of the inmate being successful on parole.

2. Go to the Texas Department of Criminal Justice Parole

Trace the history of parole in Texas.

3. Review the article An Introduction to the Federal Parole System

Write a review of the pros and cons of the parole system. CHAPTER 10

Careers in Corrections

Learning Objectives

 To help you understand the various jobs available in corrections  To introduce you to some of the major challenges facing correctional employees  To explain to you the movement toward correctional professionalization  To help you in the job application process, including finding internships  To introduce you to the ethical dilemmas faced by corrections employees Chapter Outline

I. Institutional Corrections: COs and Counselors A. Institutional Corrections—employment in any facility in which state and local governments house accused or convicted offenders B. Correctional Officers—the staff members directly responsible for monitoring the security of the facility and for supervising, escorting, and ensuring the safety of the inmates 1. The Work Environment 1.a. Direct contact with inmates 1.b. Shift work 1.c. Educational requirements vary 1.d. Promote from within 1.e. Warden—the chief administrator in an adult correctional facility 1.f. Superintendent—chief administrator in a juvenile correctional facility 2. Hiring Requirements 1.a. Education 1.b. Physical standards 1.c. Written tests 1.d. Background tests and polygraph examinations 3. Work in the Private Sector C. Correctional Counselors 1. Correctional counselors—carry out screening and psychological testing to determine the most appropriate security classification and treatment programs for new inmates 2. Psychological technicians or diagnosticians—responsible for conducting group and individual counseling sessions on substance abuse or anger management 3. Classification officers—psychological technicians or treatment specialists 4. Case managers—federal classification officers 5. Clinical psychologist—person responsible for supervising the psychological technicians and for approving all treatment plans II. Community-Based Corrections: Probation and Parole Officers (PPO) A. Most PPOs assume one of the following roles 1. Investigator 2. Therapist 3. Service broker 4. Law enforcer III. Community-Based Corrections: Counselors and Other Workers A. Paraprofessionals—people who lack the educational background of professionals but are trained to work alongside professionals IV. Workplace Challenges A. Job-Related Stress B. Job Injuries and Death 1. Correctional employees are more likely to be injured away from work than killed on the job 2. COs are more likely to incur work-related injuries from improper lifting and other routine activities than being hurt by an inmate 3. Job-related injuries are more common than job-related deaths C. Lawsuits 1. Malfeasance—the commission of an act prohibited under any circumstance 2. Misfeasance—the improper performance of an act that is within the scope of the worker’s authority 3. Nonfeasance—the failure to act in a situation where one should act V. The Trend Toward Professionalization A. Education places increased emphasis on professionalization B. Training C. Accreditation and certification by professional organizations such as ACA D. Technology VI. Finding a Job A. Where to Look 1. Professional Associations 2. State Corrections Department 3. US Department of Justice 4. School career services 5. Job-listing services 6. Books B. When to Apply 1. Start looking for employment prior to graduation VII. Internships and Cooperative Education A. Internship—many criminal justice academic programs offer internship courses as an elective or as part of the required curriculum B. Cooperative (coop) education—these are paid internship programs VIII. Job Prospects A. Jobs are there B. Salaries are reasonable C. Job security is very high D. Promotions are available for capable individuals IX. Correctional Employee Ethics A. The use of discretion B. Use of force C. The code of silence and whistle-blowing D. Improper relations with inmates or clients E. Loyalty to conflicting standards F. A general concern with corruption G. Sexual harassment

Key Terms case managers—in the US Bureau of Prisons, psychological technicians or treatment specialists classification officers—in state corrections, psychological technicians or treatment specialists clinical psychologist—one who is responsible for supervising the psychological technicians and for approving all treatment plans cooperative (coop) education—paid positions for college students to gain experience in the field while attending school correctional counselors—counselors who carry out screening and psychological testing to determine the most appropriate security classification and treatment programs for new inmates correctional officers (COs)—staff members in a prison directly responsible for monitoring the security of the facility, and for supervising, escorting, and ensuring the safety of inmates diagnosticians—psychological technician; responsible for conducting group and individual counseling sessions on substance abuse or anger management institutional corrections—involves employment in any facility in which state and local governments house accused or convicted offenders internship—offered by criminal justice academic programs to expose students to the actual demands and expectations of various careers malfeasance—the commission of an act prohibited under any circumstance misfeasance—the improper performance of an act that is within the scope of the worker’s authority nonfeasance—the failure to act in a situation where one should act paraprofessionals—people who lack the educational background of professionals but who are trained to work alongside professionals psychological technicians—diagnosticians who are responsible for conducting group and individual counseling sessions on substance abuse or anger management superintendent—the chief administrator in a juvenile correctional facility warden—the chief administrator of an adult correctional facility whistle-blowing – an employee reporting acts of misconduct

Chapter Summary

In this chapter, we examined the working environment of the world of corrections. The key points of interest are:  Corrections is a large and growing field of employment.  Institutional corrections typically offers two employment entry points: correctional officers and counselors. However, secure facilities employ people to assist with recreation, education, and a variety of other services.  Community corrections offer several employment opportunities for college graduates. These include probation and parole, nonsecure residential treatment facilities, halfway houses, and reintegration centers.  Among the greatest concerns expressed by prospective employees is an injury or death on the job and the likelihood of lawsuits, but job-related stress is a very real factor.  Although job prospects are good, finding the jobs is not always easy. The numerous online sources can help, and college career services offices are also very useful. Additionally, students become much more competitive in the application process when they have completed a coop experience or internship.

Discussion Topics

1. Compare and contrast Institutional Correctional Employees with Community-Based Correctional Staff. How much interaction does each group have with offenders and are these positions dangerous?

2. What does the Probation/Parole Officer do in their day-to-day work? Describe the positive and negative aspects of being a Probation/Parole Officer.

3. What are the workplace challenges of a job in criminal justice? What are some of the things that criminal justice workers can do to alleviate these challenges in their life and job?

Web Activities

1. Watch the YouTube video on Correctional Officer Physical Test.

Write an essay identifying the various requirements that one must meet to become a Correctional Officer.

2. Go to the North Carolina Public Safety website. Click on “Jobs” Review the various links that assist in becoming a Correctional Officer in North Carolina. Do you qualify? Use this exercise to generate a class or online discussion.

3. Review the NCJRS publication: Stress and the Effects of Working in a High Security Prison

Write a reflective paper on how you would handle working in a High Security Prison.

CHAPTER 11 The Administration of Corrections Programs Learning Objectives  To help you understand the concepts of administration and management  To illustrate to you different leadership styles  To examine the types of issues faced by correctional administrators  To explain to you the complexities of managing inmates  To introduce you to the role of ethics in correctional management

Chapter Outline I. Administration and Management A. Administration—the act of supervising or managing an office or an organization B. Management—using organizational resources to achieve specific goals C. Why Study Administration and Management? 1. According to Cohn most failures in corrections programs are not the product of inadequate programming or underdeveloped philosophy but are due to inadequate management and leadership D. Managing Inmates and Managing Staff 1. Inmate Management—the form of institutions, programming efforts and discipline 2. Organizational management—concerned with keeping the various institutional and agency functions operating efficiently 3. Most common tasks of correctional administrators—finance and personnel II. Overview of Bureaucracy A. Bureaucracy—a structure that assigns individuals specific authority and responsibilities according to their position in a predetermined hierarchy B. Standards of conduct are key to the operation C. Standardization gives the organization its stability D. Standards of conduct often overlook that employees are people III. Leadership Styles A. Authoritarian leader—gives orders and is concerned with productivity 1. The boss 2. Expects subordinates to do as they are instructed B. Laissez-faire leader—an administrator who gives little or no direction to subordinates C. Democratic leader—communicates through explanation and elaboration rather than orders 1. Viewed as the first among equals 2. Workers recognize their organizational roles and understand what is expected of them D. Bureaucratic leader—rule oriented and tends to lead from the top down 1. Rule oriented 2. Tends to lead from the top down E. Technocractic leader—manager who has achieved their position based on some area of expertise F. Idiosyncratic leader—a little laissez-faire but mostly autocratic 1. Likely to work over, under, around, and through the hierarchy by exerting direct contact and control over decision making G. Participative leader—much like the democratic leader 1. More group oriented than autocratic or bureaucratic leaders 2. Frequently have informal contacts with employees under their direction 3. Chief weakness is they dislike conflict to the extent of almost avoiding it at all costs IV. Issues Facing Corrections Managers A. Managing Budgets, Managing Personnel: The Scope of Managerial Duties and Responsibilities 1. Fiscal year 2010 approximately $51.1 billion spent for corrections 2. Some states do not include juvenile offenders in their corrections budgets 3. In year 2011, the US Census Bureau reported 462,549 full-time state employees working in corrections with an annual payroll of $1.92 billion 4. Additionally, the US Bureau of Prisons employed 38,500 people 5. 234,000 work in local jails B. Who Manages? The Characteristics of Corrections Managers 1. Most of history, corrections have been closed systems—not open to public scrutiny and promotions have come from within 2. The status of corrections managers has reflected the traditionally low qualification levels required for work in corrections 3. However, all probation and parole administrators have at least a bachelor’s degree 4. Political patronage—most influential factor—state corrections commissions and wardens were political appointees C. Corrections Administrators’ Backgrounds 1. Promoted from within 1.a. Limited learning curve to become familiar with new responsibilities 1.b. Limited exposure to different ways of thinking and doing 2. Individual with public administration experience D. Centralization versus Decentralization 1. Centralization—concentration of power in one location 1.a. Historically the method that states operated their corrections systems 2. Move to decentralization 2.a. Unit management—creates prisons within prisons 2.b. Allows for more personal inmate contact and greater decentralization of decision making for most routine matters V. Modern Management Tasks A. Recruiting and Retaining Staff 1. Recruitment—key function performed by corrections administrators 2. Retention—attention must be paid to employee turnover and morale B. Dealing with Employee Unions 1. Unionization effects administrators in that they cannot simply enact policy changes C. Building and Remodeling Facilities 1. Involves the construction of prisons and jails and other correctional agencies 2. Site selection, building design, and construction D. Managing Inmate Populations 1. Institutional crowding is a problem for managers 2. Community-based programs are faced with the problem of controlling caseloads E. Containing Costs 1. All corrections managers have to be concerned with costs 2. Medical costs for inmates drive up costs F. Dealing with the Courts 1. Almost every corrections commissioner ends up a part of a lawsuit 2. Time has to be taken to deal with lawsuits VI. Inmate Management A. Correctional managers must manage employees as well as inmates or clients B. Some managers assume that inmates are obstinate, uncooperative, and resistant to change 1. McGregor’s (1960) Theory X management C. Other managers view inmates as adults that respond to the level of responsibility expected of them D. Newbold, a criminologist maintained: 1. As the level of threat from administration to inmates decreases, the tension among inmates decreases 2. Peace among management and inmates makes for a simpler place to live VII. Trends in Correctional Management A. The Development of Technology 1. Computer 2. Other technological methods that assist in managing inmates and clients B. The Advent of Total Quality Management (TQM) 1. TQM—widely applied in US businesses 1.a. Demands that clients be considered consumers and that the agency develops a strong consumer orientation 1.b. Problems with TQM for Corrections 1.b.i. Correctional systems exhibit a tendency to do things the way they have always been done 1.b.ii. Further, who exactly is the consumer? C. Restructuring Government 1. All government agencies are faced with being restructured or reinvented 2. Agencies are expected to do more with less 3. McShane and Williams (1993) recommend for correctional managers: 1.a. Agencies should not be promoting from within 1.b. Managers need to be adaptable and adaptive 1.c. Managers should monitor employee morale and resignation reasons 1.d. Duties and responsibilities should be equal for those doing shift-work 1.e. Unit management and direct supervision should receive serious consideration 1.f. Managers should plan for changes in management style or organizational structure 1.g. Administrators should be looking for ways to enrich and enlarge the jobs of all corrections employees 1.h. Corrections managers should be involved in community activities 1.i. Managers should become active consumers of management research 1.j. Corrections agencies should move beyond the nine-to-five mentality D. Administrative Professionalization 1. Ongoing movement toward professionalization in corrections VIII. Administrative Ethics A. Conflicts of interest 1. Administrators must not use their position to obtain personal privileges or advantages 2. Not let their personal feelings negatively affect their objectivity in their duties 3. Scrupulously avoid any arrangements that result in a conflict of interest 4. Not accept gifts from inmates or clients, their families or others who do business with the agency B. Fairness and equity 1. Must be fair when dealing with promotions, transfers, disciplinary actions in regards to race, gender, age, religious affiliation, or other legally protected category 2. Nepotism—when family connections of who gets employed and/or promoted 3. Sexual harassment

References DiIulio, John J., Jr. 1987. Governing prisons: A comparative study of correctional management. New York: Free Press. DiIulio, John J., Jr. 1994. The evolution of executive management in the Federal Bureau of Prisons. In Escaping prison myths, edited by John W. Roberts. Washington, DC: American University Press, 195–74.McGregor, Douglas. 1960. The human side of enterprise. New York: McGraw- Hill. McShane, Marilyn D., and Frank P. Williams III. 1993. The management of correctional institutions. New York: Garland. Newbold, Greg. 1992. What works in prison management: Effects of administrative change in New Zealand. Federal Probation 56(4): 53–57. Key Terms administration—the act of supervising or managing an office or an organization authoritarian leader—gives orders and is concerned with productivity bureaucracy—a structure that assigns individuals specific authority and responsibilities according to their position in a predetermined hierarchy bureaucratic leader—rule oriented and tends to lead from the top down democratic leader—communicates through explanation and elaboration rather than by orders idiosyncratic leader—likely to work over, under, around, and through the hierarchy by exerting direct contact and control over decision making laissez-faire leader—an administrator who provides little or no direction to subordinates management—using organizational resources to achieve specific goals nepotism—family connections as to who gets employed and eventually gets promoted into certain positions participative leader—more group oriented than autocratic or bureaucratic leaders; frequently have informal contact with employees under their direction political patronage—most of the twentieth century, state corrections commissioners and wardens were political appointees which affects the stature of the corrections administration technocratic leader—manager who has achieved their position based on some area of expertise total quality management (TQM)—demands that agencies develop a strong consumer orientation unit management—creates prisons within prisons by allowing more personal inmate contact and greater decentralization of decision making for most routine matters Chapter Summary After reading this chapter, even the casual student of administration should recognize that corrections positions, especially those in prisons and jails, are much more interdependent than many law enforcement jobs. The key points presented in this chapter are:  In some ways, probation and parole officers working in the field resemble the police in their operations.  By contrast, prisons and jails are institutions where functions are more integrated, which means they need a more-coordinated or team approach to accomplishing their goals.  There is much closer supervision of jail and prison employees than there is of their law enforcement counterparts. Therefore, correctional officers typically enjoy less discretion than police officers.  Although we have talked about ideal management types, we should not assume that any type occurs in its purest form or that one management type is necessarily preferable to another.  Bureaucratic management and the bureaucratic leadership style are still prevalent in corrections. Although this approach may diminish, it is not likely to disappear.  Various factors are causing changes in corrections management. We should see more democratic and participatory management styles as the bureaucratic approach becomes less popular.  Two factors that have influenced corrections management during the past 30 years are increasing concerns regarding ethical issues and an expanded emphasis on professionalization.

Discussion Topics 1. Compare and contrast administration and management. What are the two types of management in the operation of a criminal justice agency? How do they differ? 2. Describe the various types of leaders. Which leadership style or styles is most effective in the operation of a criminal justice organization? 3. What is Total Quality Management? How is it being applied to criminal justice organizations? Is it applicable?

Web Activities 1. Go to a university library and find a journal article on managing a prison or jail. Review the article and write an essay comparing it with the management theories discussed in the chapter. 2. Watch the YouTube video: Prison: Santa Rosa Correctional Institute, Flo. Ext Stay Use this video to generate a class discussion, an online discussion board, or a paper regarding the management of this prison and its inmates. 3. Read the article Efficient, Effective and Evidence-Based: Unit Management with Corrections Corporation of America Use it to argue the pros and cons of management theories in regards to unit management.

CHAPTER 12 Corrections Law and Inmate Litigation

Learning Objectives

 To provide you with a brief history of inmate litigation  To illustrate for you some of the case law dealing with probation and parole  To help you understand the range of issues presented in inmate lawsuits  To show you the legal dimensions of the death penalty  To help you anticipate some future issues that may arise in correctional law Chapter Outline

I. The History of Inmate Litigation A. The Hands-Off Period: 1871–1963 1. Ruffin v. Commonwealth (1871)—the court held that prisoners are slaves of the state and have no more rights than slaves 2. Civil death—offenders forfeit many of their citizenship rights 3. Nonperson status—the courts were free to ignore pleas based on alleged deprivations of their rights B. The Rights Period: 1964–1978 1. Public interest law—by the 1960s, in a number of landmark cases activist groups had successfully used litigation to change social conditions 2. US Supreme Court paid attention to state prisoners’ due process claims 3. Writ of habeas corpus—petitioning the court for an inmate’s case to be reviewed 4. Civil rights claim—Section 1983 suit 5. Tort claims—inmates allege negligence on the part of corrections personnel C. The Deference Period: 1979–Present 1. Bell v. Woflish (1979)—the court decided cell size in favor of the inmates II. Inmate Litigation and Postconviction Relief A. Access to the Courts 1. Habeas corpus appeals—inmates allege their confinement is unjust and that the state should show why incarceration should continue 1.a. Inmates charged with serious offenses bring most of the appeals 2. Section 1983 2.a. Defendant must be in person 2.b. Defendant must be acting under color of state law 2.c. Injury to the inmate-plaintiff must involve a violation of a protected right 2.d. Defendant must have been personally involved in the alleged injury 2.e. Vicarious liability—supervisory liability B. Legal Assistance and Legal Access 1. Jailhouse lawyers—writ writers 2. Pro se actions—inmates represent themselves C. Inmate Advocates and Advocacy Groups 1. Class action lawsuit—suit brought on behalf of prisoners as a group 2. National Prison Project—have acted as advocates on behalf of inmates III. Laws and Litigation Dealing with Probation and Parole A. Mempa v. Rhay (1967)—the court ruled that the right of an accused to be represented by an attorney is not confined to trials alone, that counsel is required at every stage B. Morrisey v. Brewer (1972)—expanded legal protections to parolees 1. Parole hearing should be two-step process 1.a. The arrest and preliminary hearing 1.b. The revocation hearing C. Gagnon v. Scarpelli (1973)—the court defined due process rights of probations 1. Notice of alleged violations concerning the probation violation 2. Preliminary hearing to determine if probable cause exists 3. A revocation hearing 4. Opportunity to confront accusatory witnesses or evidence IV. Issues Raised by Corrections Lawsuits A. Most common cause of inmate litigation relates to issues such as: 1. Visitation/mail/telephone policies 2. Medical treatment 3. Recreation 4. Crowding 4.a. Double-bunking—also called double-celling; when two inmates are housed in a cell designed to hold one 4.b. Bell v. Wolfish (1979)—the court held that double-bunking does not necessarily constitute cruel and unusual punishment 5. Health and safety issues 6. Deliberate indifference—standard articulated in Estelle v. Gamble (1976) 6.a. Corrections officials knew about but did nothing about the inmate’s physical or medical condition and the failure to act had long-term effects 7. Programs and Services 7.a. Education 7.b. Recreation 7.c. General library services 8. Institutional governance 8.a. Visitation and correspondence policies 8.b. Administrative segregation 8.c. Classification policies 8.d. Disciplinary and grievance procedures V. Recent Trends in Inmate Litigation A. Expanding Litigation to Jails 1. Prison litigation leads the way 2. Jail litigations are some of the same issues raised in prison litigation B. New Areas of Litigation 1. Gender and Staff 1.a. Lee v. Downs (1981)—the court ruled that a female inmate forced to undress in front of a male CO at a doctor’s visit constituted an improper invasion of her privacy 1.b. Timm v. Gunter (1990)—the court held that opposite sex surveillance of male inmates is not unreasonable 2. Sexually Explicit Materials and Access to the Internet 2.a. Issues not yet addressed by the Supreme Court 3. A Smoke-Free Environment 3.a. Helling v. McKinney—the court ruled that potential harm could result from exposure to environmental tobacco smoke and actions should be taken to eliminate harm 3.b. 96 percent of the US prisons have established smoke-free living areas 3.c. 60 percent of US prisons have banned tobacco use altogether 4. Excessive Force 4.a. Hudson v. McMillian (1992)—the court articulated a test for all excessive use of force cases in a prison setting C. The Impact of Inmate Litigation 1. Litigation has been a major influence in changing correction practices since 1970 2. Between 1980 and 2010, over 930,000 petitions were filed by state prisoner 3. According to Harris and Spiller (1977), broad-based prison lawsuits have outcomes: 3.a. There have been qualitative improvements in the particular prisons sued and the state corrections departments 3.b. The suits have not undermined state authority 3.c. The suits have not created “country club” prisons 3.d. Federal judges have not overtaken the day-to-day administration of the prisons 4. Most assessments of inmate litigation are optimistic or reserved VI. Capital Punishment and Prisoner Litigation A. Year 2010—more than 3,100 prisoner on death row B. Furman v. Georgia (1972)—the court struck down unconstitutional death penalties in GA and other states C. Gregg v. Georgia (1976)—the court upheld the death penalty and GA and other states adopted a system of adjudication for death penalty cases 1. First phase—jury decided the question of guilt 2. If found guilty, the sentencing phase begins to consider several factors 2.a. Mitigating circumstances—factors that diminish the seriousness of the crime 2.b. Aggravating circumstances—factors that enhance the seriousness of the crime 3. Sentencing jury must return unanimous verdict for the death penalty 4. 37 out of 38 states allowing the death penalty state that death sentences are automatically reviewed D. Each year about the same number of people sentenced to death is the same amount as those that leave death row E. Every term death-row inmates appeal their convictions to the US Supreme Court F. Public opinion polls show strong, but declining, support for the death penalty VII. The Future of Litigation A. The future seems to hold more inmate litigation

Reference Harris, M. Kay, and Dudley P. Spiller, Jr. 1977. After decision: Implementations of judicial decrees in correctional settings. Washington, DC: National Institute of Law Enforcement and Criminal Justice. Key Terms aggravating circumstances—factors that enhance (aggravate) the seriousness of the crime civil death—offenders forfeit many of their citizenship rights civil rights claim—a Section 1983 suit; an option for an inmate to file a federal lawsuit class action lawsuit—a suit brought on behalf of prisoners as a group deliberate indifference—blame asserted by the court that corrections officials knew about but did nothing about the inmate’s physical or medical condition, and that the failure to act had long-term effects on the inmate’s condition jailhouse lawyers—writ writers mitigating circumstances—factors that diminish (mitigate) the seriousness of the crime nonperson status—the courts were largely free to ignore pleas based on alleged deprivations of their rights; for inmates: constitutional rights pro se actions—suits in which inmates represent themselves public interest law—litigation used to change social conditions Section 1983 suit—civil rights claim; an option for an inmate to file a federal lawsuit vicarious liability—supervisory liability writ of habeas corpus—an option for an inmate to file a federal lawsuit writ writers—jailhouse lawyers Chapter Summary The areas of prisoners’ rights and inmate litigation are complex. However, from this chapter you should especially note the following:  For a long period in our nation’s early history, the courts took a “hands-off” approach to prisoners and prisoners’ rights.  During the 1960s, prison inmates, along with other groups in society, frequently turned to the courts to seek redress for their grievances.  Although the courts still hear appeals from prison inmates, courts have been largely deferential to prison authorities and prison policies for the past 30 years.  Inmates have a variety of legal mechanisms for their appeals, and two of the most common have been writs of habeas corpus and civil rights actions (Section 1983 suits).  Prison inmates have challenged a wide range of conditions of confinement— such as crowding and medical care—and litigation has extended to jails and probation and parole clients.  One of the most visible areas of inmate litigation has been in challenges to the death penalty.  Some states have seen significant changes in their corrections systems as a result of inmate lawsuits and oversight by the federal courts.

Discussion Topics 1. Trace the history of inmate litigation. Highlight the major court cases and their impact on the treatment of inmates. 2. What are the legal dimensions of the death penalty? How is it applied in the United States and by whom? Which cases have determined the methods utilized in administrating the death penalty? 3. What are the issues typically brought about by inmate litigation? Has inmate litigation been successful for inmates? In what ways?

Web Activities

1. Go to the United States Supreme Court website’s list of PDF documents regarding the death penalty

Choose a document and write a brief essay regarding the decision of the court.

2. Go to the YouTube video: The Farrell Litigation

3. Read the document: The High Cost of Prisoner Lawsuits to California Taxpayers

Write an essay considering the pros and cons of the costs of inmate litigation. CHAPTER 13 Gender Issues in Corrections Learning Objectives  To explain to you how gender shapes the corrections world, from inmates to employees  To acquaint you with the range of correctional experiences affected by gender, from institutional corrections to alternatives to incarceration  To give you a sense of the special needs of female offenders, from classification schemes for correctional facilities to inmate culture in facilities for women to special-needs inmates  To help you develop an appreciation for the extent to which gender plays a role in how and to what extent women gain access to key services outside of prison and jail  To give you a sense of the special issues confronting the nation’s correctional system as it struggles to accommodate increasing numbers of female offenders Chapter Outline I. Nature and Extent of Female Criminality A. Women are arrested less often and for less serious crimes than men 1. Women make up 50 percent of general population 2. Year 2010—women made up 25.5 percent of 8,221,467 arrests B. Women are underrepresented in violent crimes 1. Disproportionately low for forcible rape, murder, negligent homicide, and robbery 2. Also low for burglary, motor-vehicle theft, and arson C. Women commit fewer crimes than men D. Male and female offenders are predisposed to different offenses II. Explaining Female Offenders A. Liberation hypothesis—Adler (1975) and Simon (1975) expounded on the theory 1. Adler—women’s liberation opened up criminal activities to women and she predicted an end to the traditional male–female distinctions in crime 2. Simon—women’s liberation did not cause the changes of women’s involvement in crime; the rise of female criminality was indirect caused by increasing opportunities in the labor market B. Radical feminism—male power and privilege both define all social relations and are the primary cause of all social inequities C. Social feminism—the intersection of social class and gender is the nexus of crime D. Patriarchal families—produce daughters whose futures are limited to domestic labor and consumption; the fathers exercise great control over the lives of these girls and young women E. Egalitarian families—husbands and wives share power, and their positions in society are equal F. Power-control theory—the presence of power and the absence of control in egalitarian families create conditions conducive to common forms of delinquency for both boys and girls G. Marxists feminism—male dominance reflects a social ideology that is willing to subjugate women, first to capital and second to men III. Institutional Corrections for Female Offenders A. Historically, female offenders were rarely imprisoned for long periods of time 1. New York’s Auburn Prison first admitted women in 1825 2. 1873—Beccaria called for separating inmates by age and gender 3. The first women’s prison were cottage-like in appearance 4. In cottage-style women’s reformatory, female staff supervised inmates and taught them domestic skills 4.a. Women were treated as wayward children, contemptible and beyond redemption 5. Duality of women—according to Henry Mayhew (1860s), his description of criminal women was as Madonna and whore 6. By 1940 23 states had separate women’s facilities; by 1975 this increased to 34. B. Women in Jails Today 1. Jail Inmates 1.a. More female inmates were black (44 percent) 1.b. Their median age was 31 1.c. More had been married at some time 1.d. Only 15 percent were currently married 1.e. Nearly 80 percent were mothers; average 2 children each 1.f.55 percent had finished high school 2. Gender-Based Differences in Jail Inmate Populations 2.a. Women do not have the breadth and depth of contacts with the jail system 2.b. Offense-specific programming in jails generally target the needs of male inmates 2.c. Drugs play a proportionately larger role in the illegal activities of women than for men 2.d. There are significant gender-specific differences in the area of physical and sexual abuse 2.e. These four factors combined with a lack of treatment programs for women make incarceration more threatening and damaging to females than males 2.f. Failure to provide adequate or marginal health care services sometimes causes long-term problems for women C. Women in Prisons 1. The number of women in state and federal prisons is rising 2. In 2010 state and federal prisons held nearly 113,000 or 7 percent of the prison population 3. Prison inmates 3.a. Average federal prisoner is 36 years old 3.a.i. She is black or Hispanic 3.a.ii. Has a high school diploma 3.a.iii. Has never been married 3.b. Average state prisoner is 33 years old 3.b.i. She is more likely to be black 3.b.ii. She is less educated 3.b.iii. She has never been married 4. Gender-Based Differences in Prison Inmate Population 4.a. In 2010—41 percent of female federal inmates committed drug offenses 4.b. Women receive substantially lighter sentences than men IV. Operating Women’s Correctional Facilities A. Classification Schemes 1. Eight out of ten female inmates live in minimum- or medium-security facilities 2. Custody variance score—a score that represents the sum of risk factors and can determine an increase or decrease in their security levels 3. Habilitation—the process of acquiring the basic life skills needed to function in society 4. Burke and Adams (1991) recommended change in gender-specific classification systems: 4.a. Classification systems for women’s facilities must be system- specific and even institution-specific 4.b. Risk-based classification tools for female offenders must incorporate gender-specific elements 4.c. Emergent classification schemes should consider habilitation 4.d. Gender should not be used a classifying principle when creating a gender-specific classification system B. Inmate Culture in Women’s Prisons and Jails 1. Prisonization exists in both male and female prisons 2. Women feel the deprivations of incarceration as intensely as men 3. Women feel deprivations not reported by men such as the loss of children 4. Women’s prisons are less violent 5. Women display acute needs for emotional support 6. Women live by the inmate code 6.a. Squares—women who were situational offenders and want to rectify their mistake through good deeds and clean living 6.b. In the life—leading the same antisocial lives in prison they led on the streets 6.c. Cools—inmates who manipulated other inmates to make their own time pass more quickly and easily 6.d. The mix—defiance exhibited by certain inmates 6.e. Play families or pseudo-families—women tend to create these families for emotion support; members assume the role of spouse, parent, child, sibling, or grandparent V. Women and Alternatives to Incarceration A. Female Probationers and Parolees 1. From 1990 to 2010, the number of women on probation increased from 481,000 to 712,084 (18 percent to 24 percent) 2. Parole experienced similar growth trends to probation 2.a. Female parolees increased from 42,500 in 1990 to 103,375 in 2010 (8 percent to 12 percent) B. Gender and Community Corrections 1. McCarthy and McCarthy (1991) suggest that successful community-based programs should focus on: 1.a. Development of economic independence 1.b. Incorporate a parenting element 1.c. Survival training to live independently C. Women and Reentry 1. Women have higher risk of failure when reentering society if they have: 1.a. A psychiatric history 1.b. Contemplated suicide 1.c. Attempted suicide 1.d. Difficulty controlling their temper/hostile or violent 2. Dual diagnosis—women who use illegal substances or abuse legal ones and suffer from posttraumatic stress disorder VI. Women’s Correctional Issues A. Parenting and Incarcerated Mothers 1. Research has recommended that children be placed with the mother 2. However, most governments ignore the needs of the women and their children 3. Inmate parents: Gender differences 3.a. Seven in ten female inmates have children younger than 18 3.b. State and federal prisons hold an estimated 809,800 parents of minor children 3.c. Four in ten fathers were black and three in ten were white 3.d. Five in ten mothers were white and three in ten were black 3.e. More than 60 percent of the mothers in state prison reported weekly contact versus 40 percent of the fathers 4. Programmatic Responses 4.a. Many jails and prisons have programs to bridge the gap between mothers and their children 4.b. Parenting courses are viewed as successful for release B. Women’s Health Care and Related Medical Issues 1. AIDS/HIV—HIV is several times higher within the inmate population than the general population 1.a. In 2002— the AIDS rate in prison was three times the rate in the general population 2. Other Infectious Diseases—all major threats to jail inmates 2.a. Sexually transmitted diseases (STDs) 2.b. Tuberculosis 2.c. Hepatitis 3. Mental Illness 3.a. In jails, three-quarters of women and 63 percent of men report a mental health problem 3.b. Two in ten men have a diagnosed mental illness and four in ten women 4. Physical and Sexual Abuse 4.a. The rate of mentally ill female inmates who have been physically abused is nearly double that of other female inmates 4.b. Sexual abuse is higher in prison 4.c. Female prison inmates are twice as likely as male inmates to report inmate-on-inmate sexual victimization 5. General health Issues 5.a. Women in jail have more general health problems than their male counterparts 5.b. 50 percent of jailed women report one or more medical problems 5.c. Between 5 and 10 percent of all female jail inmates are pregnant upon arrival 5.d. Women’s health care programs are greater in jails than prisons 6. Responding to Gender-Specific Health Issues 6.a. Developing and maintaining adequate health care delivery in women’s prisons and jails should be high priority 6.b. Adequate provision and utilization of health care should help female inmates break the cycle of crime and victimization VII. Women in the Correctional Workplace A. Female Employees: Who is Doing What? 1. Bureau of Labor Statistics (2010) report women account for 24 percent of all correctional first-line supervisors or managers 2. Historically, women working in jails supervised and managed female offenders or juveniles 3. Female staff members are the norm in women’s prisons 4. In the BOP, women account for slightly less than three in ten staff members B. Burnout and Job Satisfaction 1. Burnout—when people deplete their physical or mental resources 1.a. An employee becomes frustrated with the job and neglects clients 1.b. Employee feels less personal achievement and accomplishment 1.c. Employee is emotionally exhausted and less productive 2. Women experience more occupational stress than men 3. Women experience lower levels of burnout 4. Job satisfaction 4.a. Satisfied workers are better workers 4.b. Have better job performance ratings 4.c. Higher job retention rates 4.d. Lower rates of absenteeism

References Adler, Freda. 1975. Sisters in crime: The rise of the new female criminal. New York: McGraw-Hill. McCarthy, Belinda Rogers, and Bernard J. McCarthy, Jr. 1991. Community-based corrections, 2nd edn. Monterey, CA: Brooks/Cole. Simon, Rita James. 1975. Women and crime. Lexington, MA: Heath. Key Terms benign neglect—disparities in treatment, services, and programming that happen largely by default cocorrectional unit—a facility housing both men and women cools—inmates who manipulated other inmates to make their own time pass more quickly and easily custody variance score—a score that represents the sum of risk factors and that can determine an increase or decrease in their security levels dual diagnosis—some inmates enter prison using illegal substances or abuse legal ones and they suffer from posttraumatic stress disorder duality of women—in the 1860s the English social critic Henry Mayhew described criminal women as both Madonna and whore egalitarian families—husbands and wives share power and their positions in society are equal habilitation—the process of acquiring the basic life skills needed to function in society liberation hypothesis—women’s liberation opened up criminal activities to a new generation of women and that there would be an end to the traditional male–female distinctions in crime Marxist feminism—male dominance reflects a social ideology that is willing to subjugate women, first to capital and second to men patriarchal families—families that produce daughters whose futures are limited to domestic labor and consumption; the fathers exercise great control over the lives of the girls and young women play families—pseudo-families; women in prison tend to need more emotional support and create families and members assume the role of spouse, parent, child, sibling, or grandparent for one another power-control theory—suggests that the presence of power, and the absence of control, in egalitarian families creates conditions conducive to common forms of delinquency for both boys and girls pseudo-families—play families; women in prison tend to need more emotional support and create families and members assume the role of spouse, parent, child, sibling, or grandparent for one another radical feminism—male power and privilege both define all social relations and are the primary cause of all social inequities socialist feminism—the intersection of social class and gender is the nexus for this form of feminism the mix—defiance exhibited by certain inmates women’s reformatory—a cottage-style facility where female staff supervise inmates and teach them appropriate domestic skills

Chapter Summary Women in the corrections system—as both clients and employees—must confront issues, setbacks, challenges, and general neglect unlike those faced by men. The following are among the key points presented in this chapter:  The absolute number of women under sanctions has increased dramatically since the mid-1980s.  The relative proportion of women also has reached record levels, straining the system as it never before.  The institutional world of female inmates appears to be changing, as women are subject to pains of imprisonment that equal or exceed those of men.  The culture of women’s prisons may also be in a state of flux, as increasing demands are made on a system whose resources do not appear to be keeping pace with its population.  Correctional experts have pointed to health care issues, drug treatment programs, parenting programs, family contact initiatives, and postrelease and extrainstitutional support services as areas that need to be expanded or, in some jurisdictions, initiated.  An abiding lesson of this chapter is the lack of gender-specific information available to the correctional practitioner.  For far too long, both practitioners and researchers have neglected the gender variable in corrections. Discussion Topics 1. What is the nature and extent of female criminality? How do arrest and conviction rates differ for adult male and female offenders? 2. Describe the various theories utilized to explain female criminality? Which theory seems most applicable and why? 3. Who is the adult female offender? How does the adult female offender differ from her male counterpart? Are adult female offenders given the same services as adult male offenders? Web Activities 1. Watch the YouTube video: Hard Time: Female Offenders The video explains that new arrivals continue to come to prison. Write an essay reflecting the prison, the inmates and the management of the inmates.

2. Watch the YouTube video: Hardest Prisons: Female Convicts Use this video to generate a class discussion, an online discussion board or for a paper.

3. Read the article: Statistics on Women Offenders Write a comparison/contrast paper regarding the statistics of women offenders versus male offenders. CHAPTER 14

Race, Ethnicity, and Corrections

Learning Objectives  To reveal to you the significance of race and ethnicity in contemporary correctional practice  To acquaint you with the ideas of sentencing disparity and disproportionate minority contact and their impact on corrections  To show you how race and ethnicity shape prisoners’ lives  To explain how discretion and discrimination influence such diverse penal practices as probation, parole, and the death penalty

Chapter Outline I. Arrest Disparities A. African Americans are arrested less than whites for more serious crimes B. Blacks make up 13 percent of the nation’s adult population; they are disproportionately higher among arrestees C. Blacks commit a disproportionately higher number of violent crimes than whites D. Blacks commit a disproportionate number of crimes associated with street life 1. Weapons offenses 2. Gambling 3. Prostitution 4. Commercialized vice 5. Vagrancy E. Hypersegregation —the social and legal separation of racial minorities but especially blacks into discrete geographic areas II. Sentencing Disparities A. Sentencing Disparity takes a Variety of Forms 1. When a judge sentences two similar defendants to distinctly different types of punishments 2. When different judges sentence offenders charged with similar offenses to different punishments B. The Role of Sentencing Guidelines in Reducing Disparities 1. States have created sentencing guidelines to minimize sentencing disparities 2. Minnesota Sentencing Guidelines Commission (2003) set goals for the guidelines 3. Manifest injustice – when a sentence that is simply not appropriate given the facts of the case then the judge is not bound to adhere to the guidelines C. Felony Sentencing 1. Blacks are markedly overrepresented in five offense categories 1.a. Robbery 1.b. Weapons offenses 1.c. Murder 1.d. Drug trafficking 1.e. Drug possession 2. White defendants were overrepresented in nine offense categories 2.a. Other sexual assault 2.b. Sexual assault 2.c. Rape 2.d. Motor vehicle theft 2.e. Other violent offenses 2.f.Other specified offenses 2.g. Fraud/forgery 2.h. Burglary 2.i. Property offenses D. Drug Offenses: A Special Case? 1. Crack cocaine—receive far longer sentences that those whose offense involved the powder version 2. Powder cocaine—might face up to five years in prison while as little as three grams of crack would face 20 years in prison 3. Some believe that the national campaign against drugs has disproportionately affected blacks through sentencing guidelines 4. 2010 – Congress passed the Fair Sentencing Act (FSA) – changed the 100:1 sentencing disparity between minimum sentences for crack and powder cocaine to 18:1 III. Confinement Disparities A. Jail Inmates 1. Jails house fewer inmates than prisons 2. Jail population disparities mean that a large number of people of color pass through the jails yearly B. Prison Inmates 1. From 1930 to 1985 blacks were overrepresented among prisoners admitted to state and federal facilities C. Explaining Disproportionate Minority Contact 1. One explanation is that people of color commit more crimes because they grow up in urban areas where crime is common 2. A second explanation—justice by geography—that urban jurisdictions tend to deliver harsher sentences than nonurban jurisdictions 3. A third explanation involves overt discrimination based on the policies and practices of the criminal justice system. 4. Institutional racism— a form of prejudicial treatment where practices at many points in the justice system disproportionately affect members of color IV. Race, Ethnicity, and Prison Life A. Inmate–Inmate Relations 1. Racial composition of a prison affects the relationships among groups of inmates 2. All prisons do not have the same racial composition 3. One way for inmates to exert power is by forming groups 4. A natural group formation for inmates is by race or ethnicity B. Inmate–Staff Relations 1. Seldom does the racial or ethnic composition of the inmate population reflect the racial or ethnic composition of the staff 2. Discrimination underlies the problems of inmates and staff from different racial and ethnic backgrounds C. Prison Riots and Inmate Disturbances 1. Attica riot—due to race 2. Racial tensions have led to riots in other state and federal prisons D. Prison Gangs 1. Racial and ethnic issues shape prison society through prison gangs 2. Most prison gangs are formed along strict racial and ethnic lines 3. Gangs as security threat groups exist for many reasons 3.a. Protection— most important 3.b. To establish control within the prison V. Probation and Parole Disparities A. Members of minority groups—especially African Americans are sentenced to jails and prisons at disproportionate rates and for longer terms B. Probation is the most common correctional disposition in the US for adults C. In 2010, minority group members constituted about 45 percent of probationers 1. Blacks accounted for 13 percent of the total population and accounted for 30 percent of the probation population 2. Possible explanations for disparity are that criminal justice system actors base their decisions on the race or ethnicity of the individual VI. Race and the Death Penalty A. In 2010, 13 states executed 46 prisoners; 17 of these were in Texas B. At the end of 2010, 3,158 inmates were under death sentences C. Three states – California, Texas, and Florida housed 40 percent of the nation’s death row D. Of the 45 executed, 33 were white and 19 were black 1. More whites were executed; however, the number of blacks executed was proportionately greater than the number of blacks in the general population VII. Race and Corrections A. Overrepresentation—a particular group is present in a higher proportion that would be expected given its proportion of the nation’s population B. Underclass—the disadvantaged groups in society Key Terms Anti-Drug Abuse Act of 1986 – law that affected sentencing by establishing mandatory minimum penalties for drug trafficking based on the quality of the drug involved and differentiated crack cocaine from powder cocaine for sentencing purposes crack cocaine – harsher penalties have been passed for crack cocaine versus powder cocaine; crack cocaine is used more often by the lower class discrimination – policies and practices of the criminal justice system actors and agencies explain minority overrepresentation in the system disproportionate minority contact (DMC) – refers to the overrepresentation of minority group members at all stages of the criminal justice process, including arrest, trial, and punishment ethnicity – refers to a group’s common social or cultural traits ethnocentrism – the beliefs that either certain races or certain ethnic groups are by definition better or worse than others hypersegregation – the social and legal separation of racial minorities but especially blacks into discrete geographic areas institutional racism – a form of prejudicial treatment whereby practices at many points in the justice system disproportionately affect members of color justice by geography – the idea that urban jurisdictions tend to deliver harsher sentences than nonurban jurisdictions manifest injustice – a sentence that is simply not appropriate given the facts of the case race – divides human beings into distinct groups based on hereditary characteristics racism – the beliefs that either certain races or certain ethic groups are by definition better or worse than others sentencing disparity –when a judge sentences two similar defendants to distinctly different types of punishments underclass – disadvantaged groups in society

Chapter Summary Race and ethnicity are two ideas that underscore much of our nation’s response to crime and justice. Images of racism, in its many forms, haunt the nation’s policy makers and practitioners as they review the same statistics summarized in this chapter. Some of the key points presented in this chapter are:  Race and ethnicity, although closely related, refer to two quite different aspects of human social and physical conditions.  Disparities based on race and ethnicity may begin at arrest, but they continue into the sentencing process in both state and federal courts.  In the area of federal drug law enforcement, especially for certain kinds of drug offenses (for example, differences in sentences accorded crack versus powder cocaine), and immigration-law enforcement, questions about the racial and ethnic biases of policy makers come easily.  Clear racial and ethnic disparities exist at each juncture in the criminal justice process, but the racial disparities are especially clear when comparing black and white participants.  Hispanics, nonetheless, frequently account for a far disproportionate number of persons—male and female—in probation, parole, jail, and prison statistics.  The death penalty is the “crown jewel” of institutional racism in the US criminal justice system. Minorities, but especially blacks, find themselves sentenced to death in disproportionate numbers.

Discussion Topics

1. Discuss arrest disparities in the United States. Which group of individuals has incurred the highest percentage of arrest disparities and why?

2. What are the implications of being convicted of crack cocaine versus being convicted of powder cocaine? Which groups of individuals receive the most impact from the sentencing involved with crack and powder cocaine? What have been the driving forces that led to the sentencing disparity of crack cocaine and powder cocaine?

3. How has race and ethnicity impacted prison life? What impact does race and ethnicity have on inmate–inmate relations and inmate–staff relations?

Web Activities

1. Watch the YouTube video: Racial Inequality in the Criminal Justice System

Why is there racial inequality in the criminal justice system? What can be done? Write an essay explaining how racial inequality in the criminal justice system can be overcome.

2. Read the document: Racial and Ethnic Disparities in the United States

Using the information in the document generate an online or in class discussion regarding racial disparity in the criminal justice system.

3. Go to the Federal Bureau of Prisons Quick Facts

This page is updated frequently. Use the statistics to investigate the racial disparity in the Federal Prison system. Write an essay regarding racial disparity in the United States. CHAPTER 15

The Future of Corrections

Learning Objectives • To help you understand the struggles over competing correctional philosophies • To acquaint you with correctional practices that present unresolved issues • To introduce to you the opportunities to do research in the field of corrections • To provide you with ten changes that could significantly alter the world of corrections

Chapter Outline I. Future Correctional Philosophies A. Corrections Paradigm— which correctional philosophy we choose to follow 1. Which underlying social values will guide our approach to correcting criminal behavior B. Retribution is the Dominant Model Driving the Nation’s Penal Philosophy 1. Retribution effects mean more prison and jail populations 2. Sentencing guidelines 3. Violent Offender Incarceration and Truth in Sentencing Initiative (VOITIS) 4. Truth in Sentencing— required serious offenders to serve 85 percent of their sentence before being released 5. Three-strikes statutes 6. Mandatory sentences 7. Determinate sentences 8. More criminal sanctions 9. Fewer mechanisms for early release C. History Reveals that Society’s Response to Crime and Punishment is Cyclical 1. When the public perceive that leniency is not working, there is a cry for harsher sentencing 2. When punishments fail, reformers advocate new, more lenient responses 3. Law of criminal justice thermodynamics—Samuel Walker (2011) said that the more severe criminal penalties become, the less likely practitioners are to apply them with full force D. Ways to Modify Mandatory Sentences 1. Prosecutors may ignore part of the crime for charging 2. Corrections officials make adaptive responses 3. Discount rate— good-time credit for as much as half the original sentence II. Future Correctional Practices A. Intermediate Sanctions— include correctional approaches between traditional probation and incarceration 1. The first reason was institutional crowding 2. More offenders are being sentenced to probation and probation resources have been stretched to the limit 3. Most programs have shown failure on their promises 4. Criticism of Intensive Supervision Programs (ISPs) 4.a. Offenders who need intensive supervision belong in a secure facility 4.b. ISP offenders have high failure rates—possibly increased supervision leads to an increase in the detection of technical violations B. Parole Supervision 1. The number of parole officers has not kept pace with the number of parolees 2. Specialized caseloads—a method to improve the treatment component of parolees’ reentry—assign parole officers groups of clients with specific problems 3. Some argue for reconfiguring paroles boards and staffing them with trained civil servants C. The Release Plan 1. Utilizing reentry plans that bridge what the inmates achieve in prison and what happens in the community may be a positive force for change D. Jail and Prison Industries 1. Inmate idleness is a concern for corrections administrators 2. Work programs are productive for inmates 3. Jails will increasing begin to implement these programs and prisons have pioneered them 4. Industry programs help inmates develop job skills and a job ethic 5. Industry programs may offset some operational costs E. Banishment 1. A punishment that could be practiced again 2. Where would we send the offenders? 3. How much would it cost? F. Technological Applications 1. Telemedicine—health care provision over a distance using telecommunications technology 2. Global positioning satellite (GPS) surveillance—active monitoring device tracks offenders continuously 3. Electronic fence—an extension of house arrest like the fences to keep dogs in their yards 4. Acoustic fence—serves the same purpose as the invisible fence, the inmate experiences physical discomfort as they near the sonic barrier 5. Electronic brain implants—combine mechanical and biological technologies; implants could control certain types of thoughts or behaviors 6. Eugenics—genetic engineering 7. Genetic mapping—if scientists can identify genes that put offenders into high- risk categories; this could be a form of inmate screening G. The Future of the Death Penalty 1. The Rate of Executions: Speeding Up or Slowing Down? 1.a. In the late twentieth century, executions declined 2. Access to the Courts: Fewer or More Limitations? 2.a. Some want the “excessive” appeals by death row inmates limited 2.b. Federal legislations has limited the appeals by death row inmates 3. Method of Execution: Does It Matter 3.a. Lethal injection will probably be the preferred method until something else more humane 4. Private-Sector Executions: Who Does the Executing? 4.a. Private corrections could legally carry out executions 4.b. Private corporations will not rush to execute prisoners and will let the state handle the matter 5. Executing Murderers: Does It Make a Difference? 5.a. Does the death penalty impact the crime rate? 1.a.i. Crime rates generally? No 1.a.ii. Murders? Unknown 5.b. Not all convictions for first-degree murder result in capital sentences III. Future Correctional Problems A. Women in the Correctional Workplace 1. Most female correctional employees work in female facilities 2. Initially, corrections administrators questioned women’s ability to handle the danger and stress of working in male prisons 3. Administrators recognized the potential for workplace disruption caused by incidents of sexual harassment 4. In terms of danger, women staff do not seem to be in any greater danger than male staff 5. Female employees will play a critical role in the corrections workplace B. Legislative Trends 1. Legislatures continue to expand the definition of criminality by defining more behaviors as crimes 2. They continue to exhibit harsher sentences towards offenders 3. Privatization will increase as lawmakers have taken leadership in this area 4. Legislatures are reinventing governments; asking agencies to do more with less, and to save money C. Reform Movements 1. Reform will come from legislatures and executives 2. Researchers will influence the shape and texture of corrections 3. Correction reform will also be affected from professional organizations such as the American Correctional Association, The American Probation and Parole Association, and the American Jail Association 3.a. Movement towards management certification and accreditation D. Controlling Costs 1. Construction costs 2. Operating costs E. Institutional Violence and Inmate Uprisings 1. Inmate-on-inmate assaults 2. Inmate-on-staff violence is rare 3. Typology of prison riots: 3.a. Environmental conditions 1.a.i. Food 1.a.ii. Staff brutality 1.a.iii. Lack of treatment programs 1.a.iv. The nature of inmates 3.b. Spontaneity 3.b.i. Preexisting environmental conditions 3.c. Conflict 3.c.i. Inmates disregard any positive contributions associated with official power and control 3.d. Social control/collective behavior—the delicate balance between staff control and inmate cooperation 3.e. Power vacuum—do inmates or staff run the prison? 3.f. Rising expectations—inmates expect improved conditions of confinement; when no improvements, prisoners express frustration through collective violence F. Crowding 1. At the end of 2010, 19 states and the federal government reported inmate populations over their highest rated capacity (the number of inmates that the facility can hold at a maximum) 2. 25 states and the federal government exceeded their lowest rated capacity—the number of inmates that the facility should hold for maximum operational efficiency and effectiveness 3. A temporary solution has been to “back up” inmates into local jails 4. Secure facilities faced the crisis of overcriminalization 5. Much of the prison crowding is legislatively mandated IV. Future Correctional Research A. Many components of the US corrections systems are the world’s best B. Corrections research is important because relations between crime and punishment can be misleading C. Corrections needs evidence-based policies and practices D. Corrections research should examine the impact of social changes—poverty and unemployment, chaotic families—on criminal behavior E. Other areas important to the future of corrections: 1. Sentence length 2. Workplace performance 3. Improving inmate programming V. The Challenges Ahead for Corrections 1. Change the current correctional philosophy 2. Legalize, or at least decriminalize, most drugs 3. Depoliticize the corrections system 4. Abandon three-strikes and truth-in-sentencing laws 5. Develop and use an index of dangerous or convicted offenders 6. Increase meaningful educational and vocational programs in prisons 7. Return to the full use of parole 8. Treat most violations of immigration laws as civil, rather than criminal matters 9. Expand the use of unified prison–jail systems that are operated by state governments rather than local authorities Reference Walker, Samuel. 2011. Sense and nonsense about crime, drugs, and communities: A policy guide. Belmont, CA: Wadsworth/Cengage. Key Terms accreditation—with management certification there is growing momentum and increasing professional pressure from peers and professional organizations to operate accredited facilities acoustic fence—serves the same purpose as the invisible fence, without the inmate wearing a receiving device civil detention of sex offenders—allows states to transfer convicted sex offenders to hospitals for the criminally insane after they have served their prison sentences if it is considered that they are likely to commit another sexual offense corrections paradigm—the correctional philosophy followed due to the underlying social values guiding our approach to criminal behavior crisis of overcriminalization—due to the increased number of punishable offenses, the number of offenders, who need punishing, has increased. With more punitive laws this has increased the time each inmate serves thus increasing the crowding in the nation’s jails and prisons discount rate—the rate of good time credit could be as much as half the original sentence electronic brain implants—combine mechanical and biological technologies; control certain types of thoughts or behaviors electronic fence—an extension of house arrest which is like a fence used for dogs; an electric fence buried along the perimeter of the yard with a bracelet that puts out a shock if the offender tries to cross the boundary eugenics—genetic engineering genetic mapping—examining the arrangement of genes on the chromosome global positioning satellite (GPS) surveillance—active monitoring devices that tracks individuals such as sex offenders continuously law of criminal justice thermodynamics—the more severe criminal penalties become, the less likely practitioners are to apply them with full force sex-offender notification laws—requires sex offenders to notify the police when they move to a new neighborhood sexual harassment—Unsolicited and unwanted sexually based acts, ranging from lewd remarks to groping and touching specialized caseloads—to assign parole officers groups of clients with very specific problems telemedicine—health care provision over a distance using telecommunications technology total containment model—holding sex offenders accountable through external and internal control methods Chapter Summary Much remains to be accomplished in corrections, and much is attainable. The agenda is full; all that remains is for a cohort of policy makers and practitioners at all levels to be willing to engage the challenges ahead. The following are among the key findings in this chapter:  We know a great deal about the issues that confront the nation’s corrections system. The key is to bring public opinion into line with a corrections philosophy that achieves better results and imprisons fewer people.  The policies and practices that have their roots in the current retributive justice philosophy do not work.  The future of prisoner reentry may lie with an invigorated parole system that includes reentry philosophies and programs that do more than just dump inmates back into the community.  Work programs for inmates that build marketable skills and have applications outside prison will also aid in prisoner reentry.  Prisons, jails, probation and community corrections, parole, and prisoner reentry systems must all come to recognize the changing nature of the offender population.  The United States must find some way to remove the institutional racism that plagues its corrections system, particularly as it moves toward becoming a country where people of color are in the majority.  Researchers should fill the voids in what we know about the corrections process, many of them created by changes in funding from the federal government. Increasing this body of knowledge will help state and federal legislatures make informed decisions about current or projected corrections practices.  Many challenges remain unaddressed; most will call for rethinking how we view criminals and what we do to and for them. Discussion Topics 1. How have the three-strike statutes, truth-in-sentencing, mandatory sentencing, and sentencing guidelines affected corrections today? Does the future of corrections include more criminal sanctions? 2. What are intermediate sanctions? Describe the rationale for implementing intermediate sanctions. 3. What does the future hold for correctional practices? Describe some of the futuristic ideas that are being considered to manage the prison population in this country. Web Activities

1. Go to the National Institute of Corrections (NIC) website. Read the article: The Future of California Corrections: A Blueprint to Save Billions of Dollars, End Federal Court Oversight, and Improve the Prison System Write an essay regarding the future of corrections in the State of California. 2. Watch the YouTube video: The Future of California Corrections Generate a class discussion, an online discussion board or for a paper. 3. Read the article: Future Prisons: A Radical Plan to Reform the Prison Estate Review the article and apply the concepts to the United States. Write a reflection paper as to whether this would be feasible in the Correctional systems in the United States.