Criminal Justice Test 4

Banishment

Punishment in ancient times requiring offenders to leave the community and live elsewhere, commonly in the wild.

Transportation

A punishment in which offenders were transported from their home to a nearby colony to work.

Workhouses

European forerunners of the modern US prison, where offenders were sent to learn discipline and regular work habits.

Penology

The study of prison management and treatment of offenders.

Panopticon

A prison design consisting of a round building with tiers of cells lining the inner circumference and facing a central inspection tower.

Pennsylvania system

Early system of US penology in which inmates were kept in solitary cells to study religious writings, reflect, and perform handicraft work.

Inmates stayed in solitary confinement. They read religious texts, reflected, and did handicrafts. Goal: Quiet reflection would lead to rehabilitation.

Auburn system

Early system of penology, in which inmates worked and ate together in silence during the day and were placed in solitary cells for the evening.

1. Inmates worked and ate together in silence during the day, while at night they were in solitary cells.

   1. More popular because it was less mentally harmful, and used less space

Medical model

Theory that crime is symptomatic of personal illness needing treatment, popular during the 40s & 50s.

Privatization

The involvement of the private sector in the construction and operation of confinement facilities.

1. Private companies now build and manage prisons, not just food or medical care.

   1. Efficiency 

   2. Flexibility

   3. Lower costs

2. Worried about: legal liability, profit motive, cutting services for inmates.

Incarceration rate

A figure derived by dividing the number of people incarcerated by the population of the area and multiplying the result by 100,000 to compare incarceration levels.

Classification facility

A facility where newly sentenced offenders are assessed for security risks and needs, and assigned to a permanent institution.

Custody level

The classification assigned to an inmate to indicate the degree of precaution needed when working with that inmate.

Cocorrectional facilities

Facility that holds both men and women.

Lockup

Short-term holding facility for 24-48 hours after arrest, before an appearance before a judge.

Protective custody

Holds inmates who are vulnerable to assault by other inmates.

Administrative segregation

Holds inmates who represent a danger to other inmates or staff.

Conjugal visits

Privately visiting with spouses to maintain relationships.

Snitch system

Staff learning from inmate informants about contraband, potential disruptions, and other threats to security.

Milieu therapy

Group therapy encompassing the total living environment to encourage positive behavioral change.

Crisis intervention

A counselor’s efforts to address some crisis in an inmate’s life and to calm the inmate.

Less-eligibility principle

Prisoners should receive no service or program superior to those available to free citizens without charge.

Total institution

An institutional setting where persons are cut off from wider society and live according to institutional rules.

Convict code

Values, norms, and roles that regulate inmate interaction with each other and prison staff.

Deprivation model

Inmate society arises as a response to the prison environment and painful conditions of confinement.

Prisonization

The process by which an inmate becomes socialized into the customs and principles of the inmate society.

Importation model

Inmate society is shaped by the attributes inmates bring with them when they enter prison.

Sub-rosa economy

An economy with a black-market component within a prison setting.

Hands-off philosophy

Courts are reluctant to hear prisoners’ claims regarding their rights while incarcerated.

Habeas corpus

The right to challenge the legality of confinement.

Jailhouse lawyers

Inmates skilled in legal matters assisting other inmates.

Commutation

Reduction of the original sentence given by executive authority.

Parole

Conditional release of prisoners before they have served their full sentences.

Good time

Time subtracted from sentence for good behavior and other meritorious activities in prison.

Mandatory release

Inmate released after serving the legally required portion of their sentence, minus good-time credits.

Clemency

Governor of a state, or the president of the United States, when federal or military law is violated, to exercise leniency or mercy

Pardon

A “forgiveness” for the crime committed that stops further criminal processing

Recidivism

The return to illegal activity after release from incarceration.

Community corrections

Offenders are supervised and provided services outside of jail or prison.

Focus is rehab and reintegraiton

Goal - provide alternatives to incarceration while holding them accountable

Probation

Offender retained in the community under supervision of probation agency, required to follow rules and conditions to avoid arrest.

Diversion

Organized efforts to remove individuals from further processing in criminal justice by placing them in alternative programs.

Presentence investigation (PSI)

Investigation conducted by probation agency into the past behavior of a convicted person to assist the court in determining an appropriate sentence.

Probation conditions

Rules specifying what an offender is and isn’t to do during course of probation sentence.

Restitution

Money paid or services provided by a convicted offender to victims, their survivors, or the community to make up for the injury inflicted.

Revocation

The repeal of a probation sentence or parole, and substitution of a more restrictive sentence, because of violation of conditions.

Technical violations

Failure to abide by technical rules or conditions of probation or parole.

Parole

Inmates released at discretion of board before sentence is up.

Parole guidelines

Structured instruments used to estimate probability of parole recidivism and direct release decisions of parole boards.

Intermediate sanctions

Sanctions that lie between traditional probation and traditional imprisonment or, between imprisonment and parole.

Intensive-supervision probation and parole (ISP)

Alternative to incarceration that provides stricter conditions, closer supervision, and more treatment services than traditional probation and parole.

Net widening

Offenders placed in a novel program are not offenders for whom the program was designed.

Day reporting centers

Facilities designed for offenders who would otherwise be in prison or jail, requiring them to report regularly to confer with staff about supervision and treatment matters.

Structured fines, or day fines

Fines that are based on defendants ability to pay.

Electronic monitoring

Allows an offenders whereabouts to be gauged through the use of computer technology.

Halfway houses

Provides offenders with a temporary period of highly structured and supportive living so that the offenders will be better prepared to function on their own in real life when released

Temporary-release programs

Allow jail or prison inmates to leave a facility for a short time to participate in approved community activities.

Modern Incarceration

focuses on changing the offender’s behavior and is done out of public view

Past Incarcerations

were physical and public: Banishment and Transportation

Cesare Beccaria

1. believed laws should clearly define crimes and punishments.

   1. Punishment must match the harm caused by the crime

   2. Severe enough to outweigh the pleasure of the crime

   3. Certain - People must believe they will get caught

   4. Swift - Punishment should happen soon after the crime

John Howard

1. wanted prisons to be

   1. Safe and clean

   2. Focused on religion, hard work, and discipline.

   3. Solitary confinement is used to encourage reform

Jeremy Bentham

1. Helped develop penology 

2. Designed the panopticon

The Big House

 Large, walled prisons with tall cell blocks. Inmates lived in stacked rows of small cells. They often worked, and labor was used for profit

The “Correctional Institution

Smaller and more modern. Based on the medical model. Inmates were tested, educated, and received therapy and job training

The “Contemporary Violent Prison

Rehab programs lost support or were banned, and prisons became violent. Less control and fewer treatment options raised questions about whether forced rehabilitation was effective or fair.

Supermax Prison

1. Built for the most dangerous or disruptive inmates.

   1. Total inmate isolation

   2. Inmates are on total lockdown

Maximum Prison

1. strictest security measures

   1. Limited inmate movement

Medium Prison

1. fewer restrictions

   1. Dormitory / barracks-style housing

   2. Barbed wire fences

Minimum Prison

1.   typically houses inmates with good behavior and closer to release

   1. Some inmates are allowed to leave for work or school

   2. Temporary leave (furloughs)

First Gen Jail

are based on a linear design with cell blocks arranged in rows, poor control, limited inmate-staff interaction, and staff must walk up and down corridors to supervise.

Next/Third Gen Jail

Popular/direct supervision jails, cells open into the common area. Staff are stationed within a housing unit.

Inmates in public domain

predatory and violent/seek power and stuatys by hurting others

Inmates in Private culture

 adapt to the prison’s subculture

Square Role

non-criminal women who try to stay out of trouble.

Life Role

Habitual offenders with anti-social behavior

Cool Role

Professional criminals who manipulate others for an easy time in prison.

Inmates facing disciplinary actions have the right to -

1. A hearing by an impartial body

2. Notice of charges

3. The right to present evidence and call witnesses

Social Worker Roles

direct provision of services to offenders, resource broker, advocacy

help offenders identify and address their problems and needs

Resource Broker

Refers offenders to external services

Types of Probation

Unsupervised, Straight, Split, Suspended, Residential, Community control, Shock

Staight probation

only probation, no incarceration

Suspended-sentence Probation

offender can escape by doing well on probation

Split-sentence Probation

judge divides single sentence into short jail followed by probation supervision

Shock Probation

2 sentcnes, sentneced to prison then recalled to court and placed on probation

Residentail Probation

placement of probationer in structured environment such as halfway house

Community Control

 remain at home with ankle monitor

Fundamental objectives of probation agencies

1. Protect public safety

2. Help with offender rehabilitation

3. Enforce court-ordered sanctions

Morrissey v Brewer

 Parolees must get due process before revocation

Gagnon v Scarpelli

Probationers also get due process, possibly legal counsel