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3 characteristics of jails (from 1166 to 1800)
small rooms containing 20-30 people
inadequately ventilated with poor sanitation
used as holding tanks for later punishments
jail functions prior to 1800, after 1800
before 1800: used for pretrial
after 1800: detention facilities
2 types of individuals found in jails
short-term criminals (convicted in a court of law by a jury or a judge)
social misfit
social shift at state institutions 1890 (progressive era)
prior to 1890, jails housed all miscreant populations.
then they were separated into:
1. juvenile facilities
2. mental institutions
3. probation
4. adult reformatories
5. segregated populations by biological sex
the current solution to reduce jail populations
pretrial release monitored by GPS
who qualifies for pretrial release monitored by GPS
first time non-violent offenders
negative impact of immediate jail detention
the 6th amendment guarantees a speedy and public trial for the purpose of maintaining the presumption of innocence. Incarceration compromises the presumption of innocence because you’re arrested on probable cause not absolute guilt. Therefore, holding them in detention before their trail makes them look guiltier with each passing day.
solution: bail
the five different categories of jail detainees (with descriptions)
pretrial (misdemeanants and felons who were just arrested)
presentenced (found guilty)
jailbirds (misdemeanants serving sentences for a year or less)
holdbacks (waiting for a prison cell)
absconders (parole and probation people who have violated the conditions of parole or probation and they’re awaiting their revocation hearing)
eight demographic characteristics of the “typical” jail inmate
disproportionately black
young
male
unemployed
unmarried
from broken homes or single parent families
use drugs and alcohol
non-military
demographic jail proportions (percentages)
men - 85%
under age 35 - 65%
non-white - 65%
high school graduate - 40%
the alternatives to jail (6)
diversion treatment (treatment programs, they haven’t been convicted. when released, they do better in court)
house arrest, GPS monitoring
weekend confinement (work during the week, serve time over the weekend. for minimum security offenses)
community work orders (sentenced to go to animal shelters and care for the animal)
bail and personal recognizance (prosecution determines enough bail and to give bail)
fine
jail sub-populations (12)
adults
juveniles (detained)
men
women
old adults
young adults
felons
misdemeanants
pretrial
convicted/sentenced
criminals
social misfits
prisons vs. jails
prisons - felons sentenced longer than a year.
jails - misdemeanor, year or less
local jail sheriff differs from prison warden on rehabilitation
sheriffs have no interest in rehab - do not receive training for rehab
they are not stake holders in the inmate’s future.
wardens are the opposite. they have treatment provided for drugs & alcohol, and they will teach them a vocation or provide them with access to education.
two main issues faced by jail administrators
inmate overcapacity
lack of funds for rehab or treatment. (counties are paid to house inmates. don’t use this money for inmate treatment, but to boost voter support)
jail detainee release prior to trial (3)
Bail — they surrender between $1,000 and $25,000 cash deposit, or they pay a fee to a bail bondsman, who puts up the cash.
ROR (Released on Recognizance) — ties to the community give them incentive to show.
Pretrial diversion — treatment programs. they haven’t been convicted. when released, they do better in court.
jail offender - recidivism
jails use the money from the holdbacks to pay for treatment programs
contribute to recidivism (leads you to be at risk for recidivizing)
most have a history of drug and alcohol use
underemployed
undereducated
½ of them have been or are currently under the correctional system (highest risk factor)
average sentence lengths in jail
misdemeanor crimes: jail, 30-90 days
non-violent felonies: jail, 6 months - 1 year
sexual assault: jail, up to 2 years; maybe prison
robbery: jail, up to 2 years