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special offense incarcerated persons
incarcerated persons with substance abuse histories, sex offenders, and terrorists
special needs incarcerated persons
incarcerated persons with HIV and chronic physical or mental health conditions
special needs population
incarcerated persons who are older adults or undocumented immigrants
nearly __ of incarcerated persons in federal prisons are drug offenders
50%
what did more than half of state prisoners and 2/3 of jail-incarcerated persons meet the criteria for
drug dependence or abuse
what is true about incarcerated persons who meet the criteria for drug dependence or abuse
they are twice as likely to have at least one parent who abused alcohol or drugs and are more likely to have dropped out of high school and be unemployed before incarceration
what are system challenges regarding substance involved incarcerated persons
sudden withdrawals and/or continued substance use
sudden withdrawls in prison
Their system may go into shock and cause cardiac arrest
resulting costs of medical treatment
continued substance abuse while incarcerated
homemade alcohol
drug/alcohol economy and related violence
programs for substance-involved incarcerated persons
90% of all state and federal prisons offer some form of substance abuse counseling
1 in 8 incarcerated persons have participated in said programs
examples of programs for substance-involved incarcerated persons
Alcoholics anonymous (AA)
Narcotics anonymous (NA)
impact of megans law
requires sex offenders to register and be tracked by the state
national sex offender registry (1999)
sex offenders in prison
the number varies by individual state, but about 14% of prisoners in state prisons and 12% in federal facilities have been convicted of a sex offense
problems of working with sex offenders
have long had difficulty with prison adjustment
in many prisons, unless pedophiles are placed in protective custody, they are likely to be sexually assaulted or even killed
estimated 95% of sex offenders who are sentenced to prison eventually return to the community
have low recidivism rate, but are three times as likely to be rearrested for a sex crime within 12 months or release
how many sex offenders are currently being held indefinitely in facilities
nearly 6,300
sex offenders who have been diagnosed as criminal…..
pose an extreme risk to the community
terrorists in prison
generally, imprisoned or held at Guantanamo Bay Naval Base or the United States Penitentiary Administrative Maximum Facility (ADX)
concern about communication with outside prisons
the ticking bomb scenario
a proposed philosophy to justify the use of torture on suspected terrorists in custody
special needs inmates
a variety of people with particular mental or physical conditions that require they either be separated from the general prison population and/or receive unique treatment tailored to their particular circumstance
who are some special needs incarcerated persons?
persons with HIV
chronic mental health conditions
there has been a ____ in in infected incarcerated persons over the past decade
decline
questions surrounding the integration of the HIV population within the general prison population
should they be hospitalized, segregated, or paroled?
Should officers be notified when someone tests or is positive?
does safe sex/needle hygiene education promote at-risk activity?
almost __ of state and federal incarcerated persons report having at least on disability.
70%
what percent of disabled incarcerated persons have a cognitive disability?
20%
who’s more likely to report having a disability?
females are more likely than males
disabilities tend to be co occurring
are more likely to also have an infectious disease, psychological distress, and/or obesity
problems of working with incarcerated persons with chronic mental health issues
more than ½ of all state, federal, and local jail inmate populations have a mental health condition
inmates with such problems typically have had behavioral and substance abuse problems and report past physical or sexual abuse
require administrators to develop/use screening instruments for identification and classification
how many incarcerated persons aged 55+ are there?
more than 178,000 (more than twice as a decade earlier)
why are older populations so high in incarceration?
due to the aging of the U.S. population and the get-tough-on-crime measures in current sentencing
by the year 2030 __ of the population will be geriatric
1/3
system challenges with older adults
vulnerable to victimization
require special attention in medical treatment, housing, nutrition, and institutional activities
care is expensive
Medicaid use to help finance prison healthcare
what is the average cost of an incarcerated person over the age of 60?
$70,000 a year
corrections and undocumented immigrants
this population is a long-time concern despite growing evidence they have very low crime rates
what has public fear of undocumented immigrants done?
led to high levels of detention among Hispanic immigrants who break the law and an increased burden in court
problems undocumented immigrant bring to the prison
they may be recruited into ethnically compatible gangs
they frequently have difficulty communicating with staff due to their limited ability to use English
increased need for bilingual correctional staff
as many as ___ of the incarcerated population have previously experienced homelessness
15%
problems for unhoused population leaving housing
lack of support
lack of job experience
what do incarceration and homelessness share?
mutual risk factors, resulting in an overrepresentation of persons with mental health needs in the unhoused prison population as they are released
children who experience homelessness typically have…
poor quality of family relationships, problems adjusting in school, and criminal victimization
experiencing homelessness is linked to trauma-related anger among runaway youth
where do most challenges come from for the death penalty?
the eighth amendment prohibition against cruel and unusual punishment
is the death penalty constitutional?
yes - with limitations
states may abolish the death penalty for crimes in that state
true
most states have _____ the use of traditional methods of execution like….. and the …., relying only on……
discontinued, hanging, electric chair
what method of execution is used by the federal government and 35 states, 30 of which use the same combination of 3 drugs
lethal injection
nance v. ward (2022)
established there may be circumstances were alternatives are more appropriate
death penalty cases use bifurcated (split in two) trials
The prosecution gives notice of seeking the death penalty
guilt-innocence phase of the trial (resulting in the conviction of acquittal)
punishment phase of trial where the jury will decide on the death penalty or life in prison
what happens after the trial in a death penalty case?
the convicted defendant will begin a process of lengthy appeals in both state courts and then federal appeals court
what is a death-qualified jury?
any individual opposed to the death penalty must be removed during voir dire
issues with death-qualified jury
pro-death penalty jurors are also generally more likely to convict
why does the review process for death penalty cases take ten or more years from conviction to execution
possibility of error
complex process
appellate delay
appeals are automatic in DP cases, but there are limits on the number/type of appeals
true
researchers Cunningham and Vigen found:
a large number of death row incarcerated persons are Southern males, frequently intellectually limited and academically deficient, with developmental histories of trauma, family disruption, and substance abuse
majority do not exhibit violence in prison
support for the death penalty has _____ since its height in 1994
declined
in 2022, ___ of Americans were in favor of the death penalty
55%
why did support for the death penalty support
the option of life imprisonment with the possibility of parole was introduced
what else might be altering views on the death penalty?
media reports and popular books
eighth amendment concerns debated against the death penalty
while considered cruel by many, its lengthy and consistent use does not make it unusual
constitutional specifically contemplates DP as a sentence
aggravating and mitigating factors
are considered in many criminal sentencing prodecures
every state has the same laws that define aggravating and mitigating factors in DP cases
false
common aggravating factors in DP cases:
premeditation and planning
killing multiple victims
murder of law enforcement or other public officials
previous violent criminal history
common mitigating factors in DP cases:
serious mental illness
playing a minor role in the crime
remorse
DP and the 6th amendment
right to trial by jury, in DP cases, the jury must make findings about aggravating factors and all other critical finding
what has the supreme court decisions dont to the death penalty?
it has limited the death penalty to adults over the age of 18 who are mentally sound and commit murder in the first degree with extenuating or aggravating circumstances
Furman v. Georgia (1972)
found Georgia’s application of the DP unconstitutional - arbitrary, too much discretion by judges
did not decide DP was unconstitutional
did result in a halt to executions in the U.S.
Gregg v. Georgia
found Georgia’s application of the DP constitutional
requires at least one aggravating circumstance to pronounce the death penalty in murder cases
it there a racial effect in DP sentencing?
a disproportionate number of black incarcerated persons have been executed and a disproportionate number of victims in death penalty cases were white
women on death row
lull in execution of women after the reinstatement of the death penalty in 1976
Atkins v. Virginia (2002)
The Supreme Court ruled that the execution of people with a significant mental disease or defect was unconstitutional
roper v. Virginia (2005)
the U.S. supreme court disallowed the execution of juveniles who committed a capital crime when under the age of eighteen
death penalty can only be given….
for homicide offenses
the process of death varies from state to state but typically includes:
final visits from family and attorney
final meal
The warden and chaplain visit and stay through the execution
fresh clothing may be provided after the shower
The incarcerated person is connected to an EKG machine
arguments for the death penalty
has a deterrent value
it is fair punishment
that life imprisonment does not protect society
there is the threat of recidivism
arguments against the death penalty
morally opposed to state-sponsored homicide
constitutional concerns
pragmatic
possibility of errors
cost
parens patriae
the state is parent; the right and responsibility of the state to protect those who cannot protect themselves
laid the groundwork for the development of juvenile justice and still provides the basis of juvenile court today
child savers and the origin of the juvenile court
the child-saving movement used the concept of parens patriae to control the lives of poor and immigrant children
it culminated in the establishment of the nation’s first independent juvenile court through the Illinois Juvenile Court Act of 1899
by 1928 almost all states had followed suit
now, all states have separate juvenile systems
where was the first juvenile court?
cook county, Illinois in 1899
what were the four major elements of the first juvenile court?
separate court for delinquent, dependent, and neglected children
special legal procedures that were less adversarial than those in the adult system
separation of children from adults in all portions of the justice system
programs of probation to assist the courts in deciding what the best interest of the state and child entails
delinquency
an act committed by a juvenile that would be a crime if committed by an adult
status offense
any act committed by a juvenile that is unlawful for a child, only because of his/her age
examples of status offenses
truancy
underage drinking
tobacco use
curfew laws
juvenile justice system
interrelated with the adult criminal justice system but is primarily responsible for dealing with two types of cases
what two types of cases does the juvenile justice system deal with?
juvenile delinquents - minors who violate criminal law
status offenders - those who have not committed a crime but are incorrigible, runaways, or unmanageable
contemporary juvenile justice system
utilizes the framework of treatment and rehabilitation
community treatment efforts provide care, protection, and treatment for juveniles in need
these efforts include probation and treatment services
contemporary juvenile justice institutional treatment facilities
restrict the movement of residents through staff monitoring, locked exits, and interior fence controls
similarities between the adult and juvenile justice system
both consist of three basic subsystems and interrelated agencies
the basic vocabulary is the same or, when it differs, the intent is the same
both systems are under fire to “get tough”
both must deal with excessive caseloads and institutional overcrowding
both must deal with under-funding and high staff turnover
who is a juvenile?
depends on the state
age limits for juvenile court jurisdiction
in most states, the upper age limit is 17 - meaning that you are a “juvenile” at age 17 and an “adult” at age 18
some states set the limit at 16 - you are a “juvenile” at age 16 and an “adult” at age 17
15
juvenile probation
primary form of community treatment used in the juvenile justice system
approximately __ of adjudicated juveniles receive probation
65%
what is a major difference between juvenile and adult probation
juvenile probations focus on treatment, contact with families, and providing specialized services (guardians can be given conditions")
probation is ordered for an indefinite period
intermediate sanctions for juveniles
intensive supervision probation
electronic monitoring (EM)
house arrest
nonresidential programs for intermediate sanctions
you remain in their homes and receive programming at a community-based center
Counselors or probation officers give innovative and intensive support
may include family therapy, tutoring and job placement
placement
disposition available to judges in juvenile court proceedings after an adjudication
what is placement?
when a juvenile is ordered to reside in a place other than their home or with their immediate family. sometimes referred to as “out-of-home placement”
placement can be in a non-secure or secure place or facility
nonsecure placements are not restricted to delinquent youth
secure placement
confinement in a locked facility
considered a LAST RESORT for juveniles
juvenile detention centers
equivalent of jail for adults
secure, short-term custodial public and local facilities for youth
hold youth awaiting court appearances and with shorter-term placements
terms used to define juvenile prisons
industrial schools
training schools
secure treatment facilities
corrections
correctional facility
What to juvenile prisons offer?
educational, vocational, and therapeutic programming along with the most secure placement option available
residential treatment for juveniles
group homes: nonsecure residences that provide counseling, education, job training, and family living
family group homes: group homes run by a family rather than professional staff
wilderness programs: programs that occur in outdoor spaces that teach survival skills and cooperation
boot camps: short-term programs that operate similar to military basic training
juveniles have a legal right to treatment
true
