Chapter 17 Corrections. History of Punishment and Corrections Punishment reflects customs, economic...

Chapter 17

Corrections

History of Punishment and Corrections

Punishment reflects customs, economic conditions, religious and political ideals

Banishment/exile was the most common in ancient times Many ancient nations viewed crime as a private matter


• The Middle Ages Offenses were settled by blood feuds After the eleventh century forfeiture of land and property was

common punishment Wergilds pacified the injured party Punishment was often a public spectacle Prisons existed as early as 1301 (Le Stinche)


• Punishment in the Seventeenth and Eighteenth Centuries Offenders were often forced to labor for their crimes The English Vagrancy Act of 1597 legalized deportation of

convicts The American Revolution ended transportation of felons


• Corrections in the Late Eighteenth and Nineteenth Centuries William Penn instrumental in revising Pennsylvania’s criminal

code to forbid torture of offenders Creation of the Walnut Street Jail The Auburn prison in New York (1816) became known as the tier

system (big-house concept) Combination of silence and solitude were used as a method of

punishment


• The New Pennsylvania System In 1818 the Western Penitentiary used a semi-circle design to

isolate inmates Supporters of the Pennsylvania system believed prison was for

doing penance Prison brutality flourished despite its creation to be more humane


• Post-Civil War Developments Prison overcrowding forced inmates to be housed together Prison industries became a predominant theme Z.R. Brockway advocated individualized treatment, indeterminate

sentences, and parole


• Corrections in the Twentieth Century Mutual Welfare League proposed better treatment for inmates

and resocialization of criminal offenders Some suggested stern discipline was needed to control inmates Reforms such as elimination of striped suits and use of exercise,

visits, and mail privileges occurred Development of specialized prisons


• The Modern Era Between 1960-1980 litigation was used to seek greater rights and

privileges Violence became a national scandal The alleged failure of rehabilitation The inability of prison to reduce recidivism prompted

development of alternatives such as diversion, restitution, and community-based corrections

• Contemporary Corrections Treatment in the community is viewed as a viable alternative due

to cost efficiency, overcrowding, and avoiding the stigma of imprisonment

Probation

• Probation is one of the most common legal dispositions• About 40 percent of people convicted of felony offenses receive

probation• Involves a contract of rules and conditions which if violated can be

revoked• Offenders are given hearings prior to revocation (Gagnon v.

Scarpelli)

Figure 17.1 Percentage of Felons Sentenced in State Court to Prison, Probation, or Jail

Probation

• Probationary Sentences Judges commonly have the final say in sentencing offenders to

probation Misdemeanor probation usually extends the entire period of the

jail sentence Typically felony probation runs between one and five years Nearly 2,000 agencies monitor more than 4 million adult

probationers

Probation

• Probation Services Investigation: to determine if a person is suitable for probation

(presentence investigations) Treatment: offender classifications guide treatment plans, which

may include counseling and substance abuse programs Supervision: monitoring the offender through daily to yearly

checks (hotspot probation)

Probation

• Probation Rules and Revocation Rules generally include:

• Maintaining steady employment• Making restitution• Cooperating with the probation officer• Obeying all laws• Meeting family responsibilities

Searches man occur without warrants (U.S. v. Knights)

Probation

• Success of Probation Nearly 60 percent of probationers successfully complete their

sentence Most common revocations are for technical violations The success of felons on probation may be less (Petersilia)

Intermediate Sanctions

Includes: fines, forfeitures, home confinements, electronic monitoring, intensive probation, restitution, community corrections and boot camps

Intermediate sanctions are designed to develop punishments that are fair, equitable, and proportional

Figure 17.2 The Punishment Ladder


• Fines Monetary payments imposed on an offender Commonly used in misdemeanors, they can also be used in

white-collar and corporate criminality Day fines are geared to an offender’s net daily income One of the most commonly used sanctions regardless of their

effectiveness


• Forfeiture Financially based sanction used in both civil and criminal

alternatives Forfeiture was reintroduced in American law with passage of the

RICO statutes (Racketeer Influenced and Corrupt Organizations) • Restitution

Used in about one-third of felony cases to repay victims Restitution may be used a diversionary sanction


• Shock Probation and Split Sentencing Allows offenders to sample prison life Jail sentence is a condition of probation Shock probation is commonly used with 90 days of incarceration

for the offender• Intensive Probation (ISP)

Small caseloads kept under close supervision Reintegration is a goal of ISP Routine drug testing often results in clients failing ISP


• Home Confinement/Electronic Monitoring Monitoring systems can be passive or aggressive Hailed as one of the most successful developments in

correctional policy Saves money and avoids new construction costs without

widening the net of social control

• Residential Community Corrections Includes halfway houses with a central treatment theme such as

rehabilitating and reintegrating clients May also be used as pretrial release centers for offenders who

need immediate social services


• Boot Camps/Shock Incarceration Typically involves youthful first-time offenders Short periods of high-intensity discipline and training Costs are competitive with prisons and most studies suggest

recidivism is no lower than prison

• Can Alternatives Work While evidence may not suggest they are more effective than

prison, the costs are less

Jails

Originated in Europe to house those awaiting trial and punishment

• Jail Populations Populations have been increasing Nearly 700,000 people are in jail on a daily basis Disproportionately houses minorities Jail Conditions are marked by violence, overcrowding,

deteriorated physical conditions, and lack of treatment efforts

Figure 17.3 Jail Populations by Age and Gender, 1990-2003

Figure 17.4 Jail Incarceration Rates by Race and Ethnicity, 1990-2003

Jails

• New Generation Jails Cluster of cells surrounding a pod Officer has visual observation of inmates Interaction is constant and closely monitored Most time is spent in dayrooms

Prisons

State and federal governments maintain closed correctional facilities

• Types of Prisons Categorized according to their level of security

• Maximum security (elaborate security)• Medium security (less violent inmates)• Minimum security (most trustworthy inmates)

• SuperMaximum Security Prisons Ultra high-security Common cell furniture and features have been removed Critics charge sensory deprivation might be harmful

Figure 17.5 Incarceration Rate, 1980-2003

Prisons

• Farms and Camps Found primarily in the South and the West Prisoners produce products used in government facilities such as

grain and vegetable crops Use of stun belts has been controversial

• Private Prisons More than one-third of community-based facilities in 2000 were

privately operated Critics charge private prisons are not as efficient as state-run

institutions Legal issues include: civil litigation from rights violations and lack

of employee competence

Prisons

• Prison Inmates: Male Most inmates are young males, poor, with less than a high school

education Longer sentences have dictated an aging prison population Inmates aged 51 and beyond will make up 33 percent of the total

prison population by 2010 About 80 percent of inmates have had prior sentences Nearly 75 percent may suffer from substance abuse Only about 18 percent of inmates were married when

incarcerated

Prisons

• Living in Prison Inmates are classified and given job assignments Major losses include: goods, services, liberty, heterosexual

relationships, autonomy, and security Loss of privacy is a major readjustment for inmates Inmates must learn to adapt to sexual exploitation and violence in

prison Inmates participate in a black-market economy (hustling) Influence of gangs and daily racial conflict Prevalence of psychological problems and coping

Prisons

• Inmate Society Inmate subculture includes a unique social code which involves

an argot for prisoners Prisonization prevents reform in most inmates

• The New Inmate Culture Changes in the old subculture precipitated by Black power

movement of the 1960s and 1970s Minorities are more organized than Whites (Jacobs) Gang groups are sometimes rooted in religious and political

affiliations

Prisons

• Prison Inmates: Females Comprise about 5-6 percent of adult prison population Women inmates tend to be of three types:

• Squares (noncriminal and acted on rage)• Life (repeat offender)• Cool (part of sophisticated underworld)

Women are less likely to experience violence in prison Low self-esteem issues are common due to separation from their

families Women are often trained vocationally for women’s roles and may

end up with longer sentences than males

Table 17.1 Prisoners Under the Jurisdiction of State or Federal Correctional Authorities by Gender, 1995-2003

Prisons

• Correctional Treatment More than 90 percent of inmates participate in some type of

treatment program or activity after admission • Therapy and Counseling (psychological) • Therapeutic Communities (substance abuse)• Educational Programs (GED)• Vocational Rehabilitation (skill based)• Private Industry (free venture programs)

Prisons

• Elderly Inmates Older inmates tend to be increasing Older inmates are most likely unmarried white men with children Older inmates are most likely incarcerated for violent crimes Older inmates suffer chronic health problems

Prisons

• Inmate Self-Help Inmates have organized programs to assist in the prevention of

recidivism• Alcoholics Anonymous• Boy Scout Troops• Chicanos Organizados Pintos Aztlan (COPA)• Afro-American Coalition• Native American Brotherhood• Fortune Society• Seventh Step Organization

Prisons

• Does Rehabilitation Work? Robert Martinson suggested rehabilitative efforts have no

appreciable effects Recent analysis suggests that education and work programs

lower recidivism rates Treatment is most effective when matched with the needs of

inmates

Prisons

• Prison Violence Sexual assault is a common threat Congress enacted the Prison Rape Reduction Act of 2003 to deal

with prison rapes Causes of prison violence include: violence prone nature of

inmates, crowded, and dehumanizing conditions Prison Riots: occur due to unnatural environment, antisocial

nature of inmates, inept management, inadequate personal practices, inadequate facilities, insufficient activity and rewards, inadequate finances, and inequities and complexities of the criminal justice system

Prisons

• Corrections and the Rule of Law The Supreme Court upheld inmate rights after 1960s for improper

or damaging prison conditions In 1996 Congress limited inmate law suits with the Prison

Litigation Reform Act (PLRA) Gains won by inmates include: Freedom of press and speech,

and medical rights

Prisons

• Cruel and Unusual Punishment In 1970 the entire prison system in Arkansas was declared

unconstitutional due to over physical punishment The Court has ruled the correctional officials who knowingly

violate inmate civil rights can be held liable for damages Hope v. Pelzer

Parole

Planned release and community supervision of incarcerated offenders before the expiration of their prison sentence

Parole boards either grant or deny an inmates early release (except for states with determinate sentence statutes)

Prediction tables help decision makers decide parole (Salient Factor Score Index)

Parole

• Weblink

www.usdoj.gov/uspc/

http://www.usdoj.gov/uspc/







Parole

• The Parolee in the Community Offender is supervised by parole officers and subject to strict

rules and personalized conditions of parole Inmates can be returned to prison for revocation of parole Parole population has tripled since 1980

• How Effective Is Parole? Majority of parolees return to prison within 3 years of leaving Prisons do little to help inmates adjust to the outside Antisocial personality, substance abuse, and family dysfunction

all contribute to postrelease recidivism

Figure 17.6 Annual State Parole Population and Entries to State Parole, 1980-2003

Figure 17.7 Percent of Released Prisoners Rearrested Within Three Years by Offense, 1983 and 1994

Chapter 17 Corrections. History of Punishment and Corrections Punishment reflects customs, economic...

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