Chapter 18 Corrections

1. Chapter 18Corrections Criminology 8th edition Larry J. Siegel © 2003 Wadsworth Publishing Co.

2. QUESTION Is the deterrent effect of prison weakened when inmates are granted early release?

3. CORRECTIONAL TREATMENT • Community-based programs • Secure confinement

4. Why do we sentence convicted offenders to prison? Are offenders better served by being treated in the community or in a secure institution?

5. Why Use Community Based Corrections? • Incarceration is more costly • No evidence incarceration rehabilitates • CBC maintains family & community ties • Broader possibilities exist to balance the severity of the crime with punishment

6. The Punishment Ladder Death Penalty Prison Boot camps Split sentences Intermediate sanctions allow judges to fit punishment to the crime without resorting to a prison sentence. They are punitive because they are increasingly severe. Residential community center Electronic monitoring House arrest Intensive probation Restitution Probation Forfeiture Fines

7. What is Probation? • The most common form of CBC – approximately 1/3 of all felony cases. • Probation is a criminal sentence. • Mandates placement of an offender in the community • Under the supervision of an agent of the court

8. Special Conditions Imposed on Probationers

9. Supervision Levels

10. Is Probation Successful? • Evidence is mixed • Recidivism - what does it mean? • Rearrest, reconviction, technical violations • Serious offenders most likely to recidivate • Probation recidivism is lower than prison recidivism

11. QUESTION Who should determine if a convicted offender receives probation? How would determinate and indeterminate sentencing differ on this decision? What factors should be taken into consideration?

12. What’s the Future of Probation? It will likely continue to be the most popular alternative sentence because it is: • Flexible • Alleviates prison overcrowding • Cost effective • Allows for the imposition of probation fees

13. $$$ Fines as a Criminal Sanction • Used more often in lesser offenses or when financial profits were high • Fines may discriminate against the poor • Many fines go uncollected Day Fines are based on the seriousness of the offense and the offenders ability to pay.

14. QUESTIONS Is it fair to gear day fines to wages? Should offenders be punished more severely because they are financially successful? Should a fine be based on the crime or the ability to pay?

15. Forfeiture as a Sanction • Can be used in civil & criminal cases • Seizure of goods & instrumentalities related to the commission or outcome of a criminal act • Zero tolerance • Proportionality

16. Restitution • Pay back to victims or community service • Used in 30% of probation cases; the average is $3400; 60% make full payment in 3 years • Qualified success • Widens the net of social control

17. Shock Probation & Split Sentencing • Community release after sampling prison life • Split sentence means jail term is a condition of probation • Shock probation usually involves resentencing after a short prison stay

18. Intensive Probation Goals • Diversion from prison • Maintain control of the individual • Facilitate reintegration into the community • High Failure Rate (approx. 50%)

19. House Arrest • Offender required to spend extended periods of time in one’s own home as an alternative to incarceration. • Little standardization throughout the U.S. in how house arrest is administered.

20. Electronic Monitoring • Often used to ensure compliance with house arrest • Similar recidivism to traditional systems • Costs are lower (capital v. labor) • Overcrowding is reduced • Issues of privacy and liberty • Compliance technologies vary

21. Residential Community Corrections • Combines reintegration & control goals • Usually involves a nonsecure building • Houses pretrial & adjudicated adults • Residents: • Work and/or • Attend school and • Participate in corrections program

22. A branch of local government – city/county • Pre-trial detention for adults and juveniles • Detain offenders awaiting sentencing • Confine misdemeanants • Transfer inmates to federal, state, or other authorities, i.e., courtroom appearances. • Hold probation & parole violators • Hold mentally ill persons pending transfer • Hold inmates sentenced to short terms • Relieve prison overcrowding through contracts with the state and federal government Purpose of Jails in America

23. Who Are the Most Common Kinds of Jail Inmates? • Undereducated • Minorities • Low income • Single parent family • Drug/alcohol abuse • Male (90%),young, and single • Property crimes

24. Jail Conditions • Operated under concept of custodial convenience • Understaffed, underpaid • Lack of basic programs and services • Suicides common • New generation jails

25. The Modern Prison Era Three Major Trends Increased prisoner litigation seeking greater rights and privileges Increase in prison violence Alleged failure of correctional rehabilitation

26. State Prison Organization Classification based on: Gender Age Security State Prison Dept. Female Male Juvenile Max Med Min Female Male

27. Maximum Security Prisons • Fortresses • Cells / Blocks / Wings • Standard uniform & dress codes • Everything based on security (lock psychosis)

28. Medium Security Prisons • Similar appearance to maximum security • Security is less intense • More privileges • More treatment effort

29. Minimum Security Prisons • No armed guards or walls • House most trustworthy & least violent offenders • Dormitory style housing or small rooms • Often farms or ranches

30. Ultra-Maximum Security Prisons • House most dangerous, predatory criminals • Extra-tight security and isolated conditions are common • All potential weapons removed, e.g. mirrors, toilet seat, soap dishes, etc. • Some claim violations of United Nations standards for the treatment of inmates

31. QUESTION Is the privatization of prisons a good idea? Or, Is it wrong to make a profit off of crime?

32. Private Prisons • A private company builds prison and contracts to run it. • In some cases, the prison and programs are leased to the state. • In other cases, specific service program contracts are made.

33. Problems With Private Prisons • Biased evaluations re: effectiveness • Cut corners to save costs • Hard core prisoners not accepted for state care • Maintenance of liability • Loss of state jobs • Difficult to control quality • Moral considerations Module 15 - 26

34. When Were Prisons Built? • 25 before 1875 • 79 between 1875 – 1924 • 141 between 1925 – 1949 • First built were Auburn and Elmira which are still used.

35. Prison InmatesPersonal Characteristics • Young (although older ages are now more common – average age is 32, 33% over 51 by 2010). • Single • Poorly Educated • Male (Approx. 6.6% were female) • Minority group member (2000, 9.7% of all black males between 25-29 were in prison). • Substance abuse history (80%); drug use history (60%).

36. Adjusting to Prison Life – Prizonization Process (Clemmer) • Finding a coping style • Loner • Joining a gang or group • Avoiding victimization • Racial conflict • Sexual exploitation • Black-market economy • Anxiety of being released • Loss of privacy • Hustling to maintain some power • Being politically “savvy” – inmate subculture/social code Finding a way to do one’s time helps the quality of survival

37. The “New” Inmate Culture • Black Power movement • Black and Latin inmates more organized • Racial polarity and tension is a dominant force • Violence and danger of the streets is imported into the prison culture • Groups form because of ... • Religious or political affiliations • To combat discrimination • Previous street gang membership

38. Female Institutions • Overcrowding • Smaller than male institutions • Many are minimum security • Some similar to college dorms • Many lack treatment programs

39. The Female Subculture • Nonviolent to staff • Lack anti-authority inmatesocial code • Direct anger inward because of low-self esteem, i.e., self mutilation - “carving” • Make believe families – surrogate families • Sexual exploitation • Health care, i.e., pregnancy

40. Institutional Treatment:General Types • Individual therapy – focuses on self-awareness and dealing with everyday problems • Group therapy – used more often due to lack of resources • Educational training • Vocational training • Problems With Treatment Programs • Lack of qualified staff

41. Inmate Conflict • Inmate violence (inmate against inmate) • Average 70 incidents/year/institution • Homosexual rape • Nonsexual assault (shake down) • Prison riots (90% of all riots have taken place since 1952)

42. Causes of Prison Violence • Inmates are violence prone • Prisons convert people to violence - “survival mentality” • Prison mismanagement • Overcrowding

43. Rising expectations Power vacuum Conflict Collective behavior and social control Spontaneity Environmental conditions Causes of Prison Riots

44. Prisoner Rights Prior to 1960 the Supreme Court followed a Hands-off Doctrineunless there was a serious breach of 8th Amendment rights (Cruel and Unusual Punishment)

45. Prisoner’s Rights • Freedom of religion • Freedom of press and speech • Freedom of medical care • Freedom against cruel and unusual punishment • Most litigation is brought under the federal Civil Rights Act.

46. Should prison inmates retain their constitutional rights after conviction?

47. Primary Functions of Parole Boards • To select and place prisoners on parole • To supervise parolees in the community • To determine when parole is complete and discharge parolees • To determine if parole revocation should take place

48. Conditions of Parole • Rules fall into two categories: • General rules required of all parolees • Specific rules applied to an individual case. • Rules may prohibit some types of behavior and demand others. • Violation of rules may lead to parole being revoked.

49. QUESTIONS How effective is parole? What factors predict parole failure? Can parolees destabilize neighborhoods? If so, how?

50. Recidivism: A Traditional Measure of Parole Effectiveness What is recidivism? The definition can vary. Is it : • Those who re-commit another crime of any kind? • Those who re-commit the same type of crime? • Those who re-commit crime within a certain time period? • Those who are returned to prison for technical violations?