CCJS Exam 3

Chapters 10-15

Connection between Enlightenment and Corrections

• Enlightenment was a period where people were becoming enlightened about punishment and rehabilitation.

• During this period, we moved away from corporal punishment and towards a system that puts wayward individuals on the right path.

• Because of Enlightenment, reformers developed the penitentiary

Penitentiary Act of 1779

Passed by Parliament, it called for the creation of a house of hard labor where offenders would be imprisoned for up to two years.

4 Principles the penitentiary was based on

1. A secure and sanitary building

2. Inspection to ensure that offenders followed the rules

3. Abolition of the fees charged offenders for their food

4. A reformatory regime

Pennsylvania system

Penitentiary system that began in Pennsylvania and emphasized separate confinement

separate confinement

a penitentiary system, developed in Pennsylvania, in which each inmate was held in isolation from others confined in the institution. all activities took place in the cells

New York system

A penitentiary system that began in Auburn, New York and used the congregate system

congregate system

a penitentiary system, developed in New York, in which each inmate was held in isolation during the night but worked and ate with others during the day under a rule of silence

Elmira Reformatory

the first reformatory. It was designed for younger offenders and emphasized training and preparation for release.

Elmira reformatory used a mark system, indeterminate sentences and parole

mark system

A point system in which prisoners can reduce their term of imprisonment and gain release by earning “marks” through labor, good behavior, and educational achievement

3 philosophies for corrections

1. Rehabilitative model/Medical model

2. Community model

3. Crime control model

Rehabilitative model/ Medical model

a corrections philosophy that emphasizes the need to restore a convicted person to a constructive place in society through some form of vocational or educational training or therapy

• sees criminality as an illness and attempts to treat rather than solely punish

Community model

A philosophy of corrections based on the goal of reintegrating the convicted person into the community

Crime control model

A philosophy of corrections based on the assumption that criminal behavior can be controlled by more use of incarceration and other forms of strict supervision

What percent of people in prisons are women?

approximately 8%

Who was Elizabeth Fry?

leader of reform for women’s prisons

Elizabeth Fry’s 3 requirements for women’s prisons

1. separation of women from male offenders

2. facility specifically identifies and meets the needs of women

3. female staff

What is the difference between jail and prison?

• Jail - typically for misdemeanors and shorter stays. includes people awaiting trial. local level

• Prison - reserved for convicted felons. more long term. state and federal level

Federal Bureau of Prisons vs. state corrections

• Federal Bureau of Prisons: a centralized form of supervision of all U.S. federal prisons

• state corrections: more decentralized. each state manages their corrections

Hands-off policy

judges should not interfere with the administration of correctional institutions (was used prior to Cooper v. Pate)

3 Goals of Incarceration

1. custodial model

2. rehabilitation model

3. reintegration model

custodial model

A model of incarceration that emphasizes security, discipline, and order

rehabilitation model

A model of incarceration that emphasizes treatment programs to help imprisoned people address the personal problems and issues that led them to commit crimes

reintegration model

A model of incarceration that emphasizes maintaining the individual’s ties to family and community as a method of reform, recognizing that the offender will be returning to society

5 uses of acceptable force in prison

1. Self-defense

2. Defense of third persons

3. Upholding prison rules

4. Prevention of a crime

5. Prevention of escapes

Adaptive roles in prison

1. Doing time

2. Gleaning

3. Jailing

4. Disorganized criminal

doing time adaptive role

seeing prison as a brief break in criminal career; they adhere to inmate code the most

gleaning adaptive role

see prison as an opportunity to better themselves; taking advantage of programs

jailing adaptive role

cut themselves off from the outside world; they become incredibly institutionalized and dissociate with mainstream norms

disorganized criminal adaptive role

inmates that don’t fit in any other category; they tend to have lower intellectual capability or disabilities; this role can make them more likely to be victimized

Inmate code

The values and norms of the prison social system that define inmates’ idea of the model prisoner

• it is hypermasculine and has an inmates vs. guards mentality

What is the adaptive role of women?

Pseudofamilies: forming pseudofamilies with trusted inmates

Major Issues in Women’s prisons (4)

1. sexual misconduct

2. limited educational/vocational programs compared to men’s

3. untreated medical issues

4. children: over 60% of incarcerated women are mothers

What percent of incarcerated women are mothers?

Over 60%

3 factors related to the quality of life in prison

1. Order– the absence of individual or group misconduct that threatens the safety of others

2. Amenities– anything that enhances the comfort of the inmates

3. Service– programs designed to improve the lives of inmates

Types of offenders in prison

1. Growing number of elderly inmates

2. Lots of prisoners with mental illness

3. Long-term prisoners

Classification of Prison Residents

The process of assigning an inmate to a category based on his or her risk to security, educational level, ability to work, and readiness for release; determines the appropriate program for an individual prisoner

3 types of prison violence

1. Prisoner-Prisoner

2. Prisoner-Officer

3. Officer-Prisoner

4 Factors that making governing prisons different

1. the defects of total power

2. the limitation on the rewards and punishments officials can use

3. the co-optation of correctional officers by inmates through exchange relationships

4. the strength of inmate leadership

5 Types of Prison Programs

1. Education Programs

2. Vocational Education

3. Prison Industries

4. Rehabilitative Programs

5. Medical Services

Prison Rape Elimination Act (PREA)

passed in 2004, it established a zero-tolerance standard for incidents of rape in prison, and requires the Bureau of Justice Statistics to conduct annual surveys in the nation’s prisons and jails to measure the incidence of rape

5 Factors that contribute to prison violence

1. inadequate supervision by staff members

2. architectural design that promotes rather than inhibits victimization

3. the easy availability of deadly weapons

4. the housing of violence-prone prison residents near relatively defenseless people

5. a general high level of tension produced by close quarters

Purpose of community corrections

• keep law violators in the community by building ties to family, employment, and other normal sources of stability and success

• finding the least restrictive alternative — punishing the individual only as severely as needed to protect the community and satisfy the public

Probation

A sentence that the offender is allowed to service under supervision in the community

Who created probation?

John Augustus

What is the prevalence of probation?

• 4 million people on probation

• most common sanction

How does probation end? (2 ways)

1. revocation

2. successful completion after a period of time

Ways probation can be revoked (2)

1. Technical violation

2. Committing a new crime

2 types of probation

1. Supervised- requires check-in/reports on a schedule

2. Unsupervised- low-risk defendant is not required to report to an officer/agent

What is the Maryland law concerning probations?

Maryland law allows non-violent offenders to reduce up to 2/3 of their supervised time (this law doesn’t actually reduce the length of probation, just reporting time)

intermediate sanctions

A variety of punishments that are more restrictive than traditional probation but less severe and less costly than incarceration

reentry

a transient state between liberty and recommitment

Main issues of reentry (5)

1. housing

2. employment

3. returning to disadvantaged neighborhoods

4. healthcare/drugs/mental health

5. avoiding future criminal behavior

Three concepts of parole

1. grace

2. contract

3. custody

Different types of release from prison (4)

1. Discretionary release

2. Mandatory release

3. Expiration release

4. Other conditional release

Parole

the conditional release of someone from incarceration, under supervision, after part of the prison sentence has been served

Discretionary release

The release of an individual from prison to conditional supervision at the discretion of the parole board, within the boundaries set by the sentence and the penal law

decarceration

The process of reducing prison populations through accelerated release, flexible parole enforcement, and alternative sentencing

Mandatory release

The required release from incarceration to community supervision upon the expiration of a certain period minus good time credits through specifications in sentencing laws

Expiration release

The release from incarceration, without further correctional supervision, at the completion of a specified term of the imprisonment

Other conditional release

A term used in some states to avoid the rigidity of mandatory release by placing people leaving prison in various community settings, under supervision (includes furloughs, home supervision, halfway houses, emergency release, and other programs)

Role of a parole officer

• Dual police officer and social worker role

• can lead to role conflict

institutionalization

still functioning like you’re incarcerated after you’ve been released

invisible punishments/collateral consequences

• additional consequences in addition to incarceration that are not expressed upfront

• includes stigma, loss of government benefits, and felon disenfranchisement

3 causes/suspects of youth crime

1. Drugs

2. Gangs

3. Guns

Based on common law, what is the minimum age that we consider a child able to develop intent?

7 years old

Status offenses

Any act committed by a juvenile that is considered unacceptable for a child, such as truancy or running away from home, but that would not be a crime if it wee committed by an adult

parens patrie

The state as parent; the state as guardian and protector of all citizens who cannot protect themselves

Development of juvenile justice periods (4)

1. Juvenile Court period

2. Juvenile Rights period

3. Crime Control period

4. “Kids are different” period

Juvenile Court Act of 1899

established the first comprehensive system of juvenile justice in Cook County, Chicago

delinquent

A child who has committed an act that if committed by an adult would be a criminal act

PINS

Acronym for person(s) in need of supervision, a term that designates juveniles who have committed status offenses and are thought to be on the verge of trouble

neglected child

A child who is receiving inadequate care because of come action or inaction of their parents

dependent child

A child who has no parent or guardian or whose parents cannot give proper care

Police and juveniles (roles)

1. decide whether to take the juvenile into custody

2. decide whether to detain the juvenile

3. decide whether to refer the juvenile to a court system

Courts and juveniles (roles)

1. initial hearing

2. detention hearing

3. waiver hearing

4. adjudication

5. disposition

adjudication (JJ)

the trial stage of the juvenile justice process

diversion

The process of screening children out of the juvenile justice system without a decision by the court

disposition

the sentencing stage of the juvenile justice process

aftercare

the parole stage of the juvenile justice process

Who can waive a juvenile to adult court?

1. The judge (in 45 states)

2. Prosecutor

3. Legislative waiver

What are the current challenges in criminal justice? (7)

1. Police reform

2. Training and police practices

3. Homeland security

4. Private security

5. Technology and the CJ system

6. Surveillance and identification

7. Political polarization