© 2003 Wadsworth Publishing Co. Chapter 18 Corrections Criminology 8 th edition Larry J. Siegel.
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Transcript of © 2003 Wadsworth Publishing Co. Chapter 18 Corrections Criminology 8 th edition Larry J. Siegel.
Why do we sentence
convicted offenders to prison?
Are offenders better served by
being treated in the
community or in a secure institution?
Why Use Community Based Corrections?
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
• 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
Death PenaltyDeath Penalty
PrisonPrison
Boot campsBoot camps
Split sentencesSplit sentences
Residential community centerResidential community center
Electronic monitoringElectronic monitoring
House arrestHouse arrest
Intensive probationIntensive probation
RestitutionRestitution
ProbationProbation
ForfeitureForfeiture
FinesFines
ThePunishment
Ladder
ThePunishment
LadderIntermediate Intermediate sanctionssanctions allow allow judges to fit judges to fit punishment to the punishment to the crime crime without without resorting to resorting to a prison a prison sentence.sentence. They are They are punitive because punitive because they are increasingly they are increasingly severe.severe.
What is Probation?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
• 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
Is Probation Successful?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
• 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
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?
What’s the Future of Probation?
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
Fines as a Criminal SanctionFines 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
• 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.
Day Fines are based on the seriousness of the offense and the offenders ability to pay.
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?
Forfeiture as a SanctionForfeiture 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
• Can be used in civil & criminal cases
• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act
• Zero tolerance
• Proportionality
RestitutionRestitution
• 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
• 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
Shock Probation & Split Sentencing
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
• 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
Intensive Probation GoalsIntensive Probation Goals
• Diversion from prison
• Maintain control of the individual
• Facilitate reintegration into the community
• High Failure Rate (approx. 50%)
House ArrestHouse 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.
• 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.
Electronic MonitoringElectronic 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
• 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
Residential Community Corrections
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
• Combines reintegration & control goals
• Usually involves a nonsecure building
• Houses pretrial & adjudicated adults
• Residents:– Work and/or– Attend school and– Participate in corrections program
• 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
Who Are the Most Common Kinds of Jail Inmates?
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
• Undereducated
• Minorities
• Low income
• Single parent family
• Drug/alcohol abuse
• Male (90%),young, and single
• Property crimes
Jail ConditionsJail Conditions
• Operated under concept of custodial convenience
• Understaffed, underpaid
• Lack of basic programs and services
• Suicides common
• New generation jails
• Operated under concept of custodial convenience
• Understaffed, underpaid
• Lack of basic programs and services
• Suicides common
• New generation jails
The Modern Prison Era
Increased prisoner litigation seeking greater
rights and privileges
Increase in prison
violence
Alleged failure of
correctional rehabilitation
Three Major Trends
State Prison OrganizationState Prison Organization
Classification Classification basedbasedon: Genderon: Gender AgeAge SecuritySecurity
Female
FemaleMaxMaxMedMedMinMin
Male Juvenile
Male
StatePrison Dept.
Maximum Security PrisonsMaximum Security Prisons
• Fortresses
• Cells / Blocks / Wings
• Standard uniform & dress codes
• Everything based on security (lock psychosis)
• Fortresses
• Cells / Blocks / Wings
• Standard uniform & dress codes
• Everything based on security (lock psychosis)
Medium Security PrisonsMedium Security Prisons
• Similar appearance to maximum security
• Security is less intense
• More privileges
• More treatment effort
• Similar appearance to maximum security
• Security is less intense
• More privileges
• More treatment effort
Minimum Security PrisonsMinimum Security Prisons
• No armed guards or walls
• House most trustworthy & least violent offenders
• Dormitory style housing or small rooms
• Often farms or ranches
• No armed guards or walls
• House most trustworthy & least violent offenders
• Dormitory style housing or small rooms
• Often farms or ranches
Ultra-Maximum Security Prisons
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
• 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
QUESTION
Is the privatization of prisons a good idea?
Or,
Is it wrong to make a profit off of crime?
Private PrisonsPrivate 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.
Problems With Private PrisonsProblems 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
• 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 considerationsModule 15 - 26
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.
Prison InmatesPersonal Characteristics
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%).
• 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%).
Adjusting to Prison Life – Prizonization Process (Clemmer)
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 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
Finding a way to do one’s time helps the quality of survival
The “New” Inmate CultureThe “New” Inmate Culture
• Black Power movementBlack Power movement
• Black and Latin inmates more organizedBlack and Latin inmates more organized
• Racial polarity and tension is a dominant forceRacial polarity and tension is a dominant force
• Violence and danger of the streets is imported Violence and danger of the streets is imported into the prison cultureinto the prison culture
• Groups form because of ...Groups form because of ...– Religious or political affiliationsReligious or political affiliations– To combat discriminationTo combat discrimination– Previous street gang membershipPrevious street gang membership
Female InstitutionsFemale Institutions
• Overcrowding
• Smaller than male institutions
• Many are minimum security
• Some similar to college dorms
• Many lack treatment programs
• Overcrowding
• Smaller than male institutions
• Many are minimum security
• Some similar to college dorms
• Many lack treatment programs
The Female SubcultureThe 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
• 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
Problems With Treatment ProgramsProblems With Treatment Programs
•Lack of qualified staffLack of qualified staff
Institutional Treatment:General Types
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
• 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
Inmate ConflictInmate 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)
Causes of Prison ViolenceCauses of Prison Violence
• Inmates are violence proneInmates are violence prone
• Prisons convert people to violence Prisons convert people to violence - “survival mentality”- “survival mentality”
• Prison mismanagementPrison mismanagement
• OvercrowdingOvercrowding
Causes of Prison Riots
Environmentalconditions
Spontaneity
Collective behavior and social control
Conflict Power vacuum
Rising expectations
Prisoner RightsPrisoner Rights
Prior to 1960 the Supreme Court followed a Hands-off Doctrine unless there was a
serious breach of 8th Amendment rights
(Cruel and Unusual Punishment)
Prior to 1960 the Supreme Court followed a Hands-off Doctrine unless there was a
serious breach of 8th Amendment rights
(Cruel and Unusual Punishment)
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.
Primary Functions of Parole Boards
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
• 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
Conditions of ParoleConditions 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.
• 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.
QUESTIONS
How effective is parole?
What factors predict parole failure?
Can parolees destabilize neighborhoods?
If so, how?
Recidivism: A Traditional Measure of Parole Effectiveness
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?