Criminal justice chapter 10 through...

Community Corrections (vocab)

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

Congregate System (vocab)

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

Contract Labor System (vocab)

A system under which inmates' labor was sold on a contractual basis to private employers who provided the machinery and raw materials with which inmates made salable products in the institution.

Cooper v. Pate (1964) (vocab)

Prisoners are entitled to the protection of the Civil Rights Act of 1871 and may challenge in federal courts the conditions of their confinement.

Corrections (vocab)

The variety of programs, services, facilities, and organizations responsible for the management of people who have been accused or convicted of criminal offenses.

Crime Control Model of Corrections (vocab)

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

Enlightenment (vocab)

A movement during the eighteenth century in England and France in which concepts of liberalism, rationalism, equality, and individualism dominated social and political thinking.

Gagnon v Scarpelli (1973) (vocab)

Before probation can be revoked, a two-stage hearing must beheld and the offender must be provided with specific elements of due process. Requested counsel will be allowed on a case-by-case basis.

Hands-Off Policy (vocab)

Judges should not interfere with the administration of correctional institutions.

Hudson v. Palmer (1984)

Prison officials have the authority to search cells and confiscate any materials found.

Jail (vocab)

An institution authorized to hold pretrial detainees and sentenced misdemeanants.

Lease System (vocab)

A system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor.

Mark System (vocab)

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

Medical Model (Vocab)

A model of corrections based on the assumption that criminal behavior is caused by biological or psychological conditions that require treatment.

Morrissey v. Brewer (1972) (vocab)

Due process rights require a prompt, informal, two-stage inquiry handled by an impartial hearing officer before parole may be revoked. The parolee may present relevant information and confront witnesses.

Penitentiary (vocab)

An institution intended to punish criminals by isolating them from society and from one another so they can reflect on their past misdeeds, repent, and reform.

Prison (vocab)

An institution for the incarceration of people convicted of serious crimes, usually felonies.

Reformatory (vocab)

An institution that emphasizes training, a mark system of classification, indeterminate sentences, and parole.

Rehabilitation Model (vocab)

A model of corrections 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.

Separate Confinement (vocab)

A penitentiary system, developed in Pennsylvania, in which each imprisoned person was held in isolation from others confined in the institution. All activities, including craftwork, took place in the cells.

Wolff v. McDonnell (1974) (vocab)

Basic elements of procedural due process must be present when decisions are made about imposing significant punishments on prisoners for violating institutional rules.

Enlightenment

reformers began to raise questions about the nature of criminal behavior and the methods of punishment.

The Penitentiary was invented in 1779, based on:

- Secure and sanitary building

− Inspection to ensure that offenders followed the rules

− Abolition of the fees charged offenders for their food

− A reformatory program

Reform in the United States

- The Pennsylvania system (1790)

- The New York system (1819)

- Prisons in the South and West

- Reformatory movement

- Women and prisons

- Rehabilitation model

- Community model

- Crime control model

The Pennsylvania system

- Walnut Street Jail

- Separate confinement

- Stressed repentance and reflection

Walnut Street Jail

Only one inmate occupied each cell, and no communications of any kind were allowed.

Separate confinement

- Prisoners should be convinced to change.

- Would prevent further corruption

- Would cause reflection

- Punishment because humans are social

- Economical because repentance would be quick

The New York System

- Auburn Penitentiary

- Congregate system

- Prisons in the South and West

Congregate system

- Prisoners were held in isolation at night but worked with other prisoners in shops during the day.

- Working under a rule of silence, they were forbidden even to exchange glances while on the job or at meals.

- Strict and rigid discipline, obedience, and silence

- Contract labor system

Prisons in the South and West

- Businesses contracted with the state for prisoners and their labor.

Reformatory movement

- National Prison Association, 1870

- Elmira Reformatory

- Emphasized training, mark system, indeterminate sentences, parole

Prion conditions for women

- Men and women separated in the 1930s

- Changes in management and care

Rehabilitation model

- Improving conditions in social environments that seemed to be the breeding grounds of crime

- Rehabilitating individual offenders

- New approach saw the social, intellectual, or biological deficiencies of criminals as causing their crimes

- Medical model

* Poorly designed programs, so theory was largely abandoned

Medical Model:

Correctional institutions were to be staffed with people who could diagnose the causes of an individual's criminal behavior, prescribe a treatment program, and determine when the offender was cured and could be safely released to the community.

Community Model

- Claimed that the purpose of corrections should be to reintegrate the offender into the community

- Argued that corrections should focus on providing psychological treatment and on increasing opportunities for offenders to succeed as citizens

Crime control model

- Return to late 1900s

- More punitive and makes greater use of incarceration (especially for violent offenders and career criminals), longer sentences, mandatory sentences, and strict supervision of probationers and parolees

Federal corrections system

- Federal Bureau of Prisons

- Federal Probation and Parole Supervision

State corrections systems

- May include prisons, reformatories, halfway houses

- Fewer than 8 percent of those incarcerated are women.

− 21 percent of men are under maximum security.

Private Prisons

- 131,300 prisoners, 6 percent of state and 19 percent of federal

− States contract with private companies.

− Advocates tout cost-cutting claims without evidence.

Who is in jail?

- Jails are local facilities for the detention of people awaiting trial or sentenced misdemeanants.

- Different from prisons

− 13 million admitted per year to 3,376 jails.

− Increasingly used to hold immigrants

− Jail administrators have problems.

- The role of jail is in flux.

- They hold a wide mixture of offenders.

- They are very expensive for local governments to operate.

Fiscal Problems

- Jails help control crime.

- Jails drain local resources and revenues.

- The public often does not understand the cost of jail operations.

- Issues lead to overcrowding, lack of programs, and insufficient officers for jailsupervision.

Role of the jail

- To detain accused people awaiting trial

- Most correctional officers work under the direction of the county sheriffs.

- Many of the inmates are sentenced offenders under correctional authority.

The law of corrections

- A hands-off policy dominated prior to 1960: Advocated that judges should not interfere with administration of correctional institutions

- Cooper v. Pate (1964) signaled the end of the hands-off policy

Corrections and Constitutional Rights

- First Amendment rights

- Fourth Amendments rights

- Eighth Amendment

- Fourteenth Amendment

- Due process in prison discipline

- Equal protection

- Impact of prisoners' rights movement

First Amendment rights

Since 1970 courts have extended the rights of freedom of speech and expression to prisoners

Fourth Amendment rights

- Courts have not extended these protections much to prisoners

- Hudson v. Palmer (1984) allowed prison officials to search cells and confiscate materials

Eighth Amendment

Prohibition of cruel and unusual punishments has been tied to prisoners' needs for decent treatment and minimum health standards

Fourteenth Amendment

Used to apply the U.S. Constitution to state government functions, such as prisons.

Due process in prison discipline

Wolff v. McDonnell (1974) allowed for basic procedural rights when decisions are made about disciplining inmates.

Equal protection

Lee v. Washington (1968) said there should be no discrimination based on race.

- Glover v. Johnson (1991) said there should be no discrimination based on sex

Impact of prisoners' rights movement

Improved the institutional living conditions and administrative practices

Law and community corrections

- Morrissey v. Brewer (1972) required that parole revocation hearings follow due process.

- Gagnon v. Scarpelli (1973) extended due process rights to offenders in probation revocation hearings

Law and correctional personnel

- Civil service laws set the procedures for hiring, promoting, assigning, disciplining, and firing public employees.

- Section 1983 provides means for prisoners to bring lawsuits against correctional officials.

Since 1970s corrections has increased dramatically:

- 500 percent budget increase

- 2 million incarcerated

- 4 million on probation

- 850,000 under parole supervision

Probation

- People on probation make up 60 percent of the correctional population.

- Probation officer caseloads have not kept pace.

- Growth has been based on cost factor more than ideological support.

Parole

- An exploding prison population has a corresponding increase in parole populations.

- Today's parolees are older, are more likely to have been sentenced for drug violations, have served longer prison sentences, and have higher levels of substance abuse and mental illness.

Incarceration

- The United States has the highest incarceration rate in the developed world.

- Five reasons are often cited for the sharp increase of incarceration rates:

- Increased arrests and more likely incarceration

- Tougher sentencing

- Prison construction

- The war on drugs

- State politics

Increased prison population

- Tougher sentencing practices

- Hardening public attitude toward lawbreakers

- Longer prison sentences

- Smaller percentage of offenders getting probation

- Fewer being released at first parole hearing

- War on drugs

- State politics