SOC 131 UW Madison Final

Retribution

punishment inflicted on a person who has harmed others and so deserves to be penalized

// since the 1970s retribution has become the new interest as a justification for criminal sanctions

General deterrence

punishment of criminals that is intended to be an example to the general public and to discourage the commission of offenses

// Jeremy Bentham utilitarianism: human behavior is governed by the individuals calculation of benefits vs costs of actions

Specific deterrence

punishment inflicted on criminals to discourage them from committing future crimes

// deterrence assumes all people think before they act

Incapacitation

depriving an offender of the ability to commit crimes against society, usually by detaining the offender in prison

// offenders can be confined to secure institutions where they are prevented from committing additional harm against society

Selective Incapacitation

making the best use of expensive and limited prison space by targeting for incarceration those individuals whose incapacity will do the most to reduce crime in society

Rehabilitation

the goal of restoring a convicted offender to a constructive place in society through some form of vocational or educational training or therapy

// treated and re-socialized in ways that allow them to lead a crime-free, productive life upon release - focus on the individual

Restorative Justice

punishment designed to repair the damage done to the victim and community by an offender's criminal act

// looses suffered by the victim are restored, the treat to local safety if removed, and the offender becomes a fully participating member of the community

Indeterminate sentences

A period, set by a judge, that specifies a minimum and a maximum time to be served in prison. Sometime after the minimum, the offender may be eligible for parole

// closely related to rehabilitation, gives correctional officials and parole boards significant control over total time sentenced.

Determinate Sentences

a sentence that fixes the term of imprisonment at a specific period

// release does not depend on participation in programs nor on parole board's judgement

Presumptive Sentence

A sentence for which the legislature or a commission sets a minimum and maximum range of months or years. Judges are to fix the length of the sentence within that range, allowing for special circumstances

Mandatory Sentences

a sentence determined by statutes and requiring that a certain penalty be imposed and carried out for convicted offenders who meet certain criteria

// judges are not permitted to consider the circumstances of the offense or the background of the offender

Good time

a reduction of an inmate's prison sentence, at the discretion of the prison administrator, for good behavior or participation in vocational, educational, or treatment programs

Earned time

reduction in a prisoner's sentence as a reward for participation in educational or other rehabilitation programs, and for work assignments, such as disaster relief and conservation projects

Truth in sentencing

refers to laws that require offenders to serve a substantial proportion (usually 85% for violent crimes) of their prison sentence before being released on parole

Intermediate sanction

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

Probation

a sentence that the offender is allowed to serve under supervision in the community

Shock probation

a sentence in which the offender is released after a short incarceration and re-sentenced to probation

Furman v. Georgia (1972)

The death penalty, as administered, constituted cruel and unusual punishment

Gregg v. Georgia (1976)

Death penalty laws are constitutional if they require the judge and jury to consider certain mitigating and aggravating circumstances in deciding which convicted murderers should be sentenced to death. Proceedings must also be divided into a trial phase and a punishment phase, and there must be opportunities for appeal - may focus on aggravating and mitigating circumstances/factors

Atkins v. Virginia (2002)

execution of developmentally disabled offenders is unconstitutional

Roper v. Simmons (2005)

Execution of offenders for crimes committed while under the age of 18 is unconstitutional

Ford v Wrainwright (1986)

Execution of the mentally ill is unconstitutional is people become insane after entering prison (they can be treated with medication to make them not ill) // insanity already exists as a defense

Strickland v. Washington (1984)

defendants in capital cases have the right to representation that meets an "objective standard of reasonableness"

Witherspoon v. Illinois (1968)

Potential jurors who object to the death penalty cannot be automatically excluded from service; however, during voir dire, those who feel so strongly about capital punishment that they could not give an impartial verdict may be excluded = death qualified juries

Factors influencing sentencing process

1. administrative context

2. attitudes/values of judges

3. presentence report

4. sentencing guidelines

Misdemeanor Courts

(Assembly Line Justice) can impose no greater punishment than jail sentences of less than a year = 90% of criminal cases

Felony Courts

Felony offenders are sentenced in courts of general jurisdiction. Sentences are shaped by relationships, negotiations, and agreements among the prosecutor, defense attorney and judge.

Presentence Report

a report, prepared by a probation officer, that presents a convicted offender's background and is used by the judge in selecting an appropriate sentence

Sentencing Guidelines

a mechanism to indicate to judges the expected sanction for certain offenses, in order to reduce disparities in sentencing

Wrongful convictions

a serious dilemma for the criminal justice system is when people are wrongfully convicted and sentenced - the development of DNA technology has increased the number of exonerated people after being convicted

// the relationship between race and sentencing is complex

Enlightenment

A movement in the 18th century that advocated the use of reason in the reappraisal of accepted ideas and social institutions.

Penitentiary Act 1779

The institution would be based on four principles of punishment and reform:

1. a secure and sanitary building

2. inspection to ensure that offenders followed the rules

3. abolition of the fees charged for food

4. a reformatory regime

Penitentiary

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

Pennsylvania system of separate confinement

Based on 5 principles:

1. prisoners would not be treated vengefully, but in a way that will help them change their lives

2. solitary confinement would prevent further corruption inside the prison

3. isolation would help prisoners to reflect on their transgressions and repent

4. solitary confinement would be a punishment because humans are social animals

5. it is economical because prisoners would not need a long time to repent

New York system of congregate system

a penitentiary system developed in Auburn, NY, in which each inmate was held in isolation during the night but worked and ate with other prisoners during the day under a rule of silence

Contract labor system

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

Prisons in the South and West

After the civil war, communities' economies were built largely agriculturally. They lacked funds and instead built a plantation model of corrections that exploited prisoners as slave labor (lease system)

Lease system

a system under which inmates were leased to contractors who provided prisoners with food and clothing in exchange for their labor. Business owners could always rely on the criminal justice system to provide more slaves by convicting innocent African American men

reformatory movement

late 19th century trend toward use of incarceration to reform through education

Cincinnati 1870

Advocated a new design for the penitentiary system, reform should be rewarded by release, indeterminate sentencing guidelines instead of fixed sentences

(Elmira) Reformatory

an institution that emphasizes training, a mark system of classification, indeterminate sentencing, and parole

// individualized work, and education treatment programs prioritized

Mark system

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

Improving prison conditions for women

The Women's Prison Association was formed in NY with the goal of improving the treatment of female prisoners and separating them from men

Female guided prison reform principles:

1. separation from men

2. provision of care in keeping with the needs of women

3. management of women's prisons by female staff

Rehabilitation model

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

criminal rehabilitation

1. improving conditions in social environments

2. rehabilitating individual offenders

Medical Model

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

Community Model

a model of corrections based on the goal of reintegrating the offender into the community

// civil rights era where psychological treatment and increasing opportunities for offenders was prioritized

Crime Control Model of Corrections

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

// punitive: longer sentences, mandatory sentences, strict supervision = get-tough policies

Federal Bureau of prisons

the agency responsible for the administrative oversight of federal prisons and jails. facilities and inmates are classified by security level (1 = minimum security, 5 = maximum)

Federal Probation and Parole suprevision

Assist with presentence investigations but focus primarily on supervising offenders on probation and those released either on parole or by mandatory release

Community Corrections (probation)

States decide how to carry out community corrections, usually through probation, intermediate sanctions, and parole.

State Prison Systems

state correctional institutions, facilities, and programs exist consisting of prisons, reformatories, prison farms, forestry camps, and halfway houses. these institutions are also classified by level of security

Maximum-security Prison

holds 21% of state inmates, built like a fortress with guard towers. it is designed to prevent escape and maintains a military-style approach to order

Medium-Security Prison

holds 40% of state inmates, externally resembles max-security but organized differently as prisoners have more privileges

Minimum-Security prison

holds 33% of state inmates who are the least violent or have almost completed their terms

State Institutions for Women

Comprise only 8% of the prison population

(Higher proportion of women than men sentenced to probation and intermediate sanctions. A high percentage of drug offenses, property crime, and minor white-collar frauds. Institutions often located in areas that isolate the inmate from their families and communities)

Private Prisons

Corrections is a multibillion dollar government-funded enterprise that purchases supplies and services from the private sector.

Privately run prisons pose serious challenges for supervision and accountability as the government seeks to make sure they are being run properly

30 states reported 131,300 prisoners in private facilities.

Advocates: provide same level of care as state prisons but do it cheaper and are more flexible

Scholars: fear private corporations will press to maintain high occupancy

Prison

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

Jail

an institution authorized to hold pretrial detainees and sentenced misdemeanants for periods longer than 48 hours (700,000)

Managing Jails

problems to overcome:

1. role of the jail in local CJS (run by law enforcement: arrests, transports defendants to court, maintain holding facilities)

2. characteristics of the inmate population (facilities are old, lacking basic facilities, overcrowded may aggravate defendants further)

3. fiscal problems (jails drain local revenues, as jails became more punitive, they also became more overcrowded)

Hands-off Policy

judges should not interfere with the administration of correctional institutions

Cooper v. Pate (1964)

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

// becuase of this case, federal courts now recognize prisoners may sue over brutality, inadequate nutrition/medical care, theft of personal property, and the denial of basic rights. also triggeredcourt decisions regarding 1st, 5th, 8th, and 14th amdendments

First Amendment Prisoner Rights

Since 1970 courts have extended the rights of freedom of speech and expression to prisoners. Communication between inmates and the outside world has increased. The first amendment prevents Congress from making laws respecting the establishment of religion or prohibiting its free exercise. Yet, issuses concerning freedom of religion continue to be raised with regulatiy by contemporary prisoners

Fourth Amendment Prisoner rights

Courts have extended very limites protections to prisoners regarding searches and seizures. Prison regulations viewed as reasonable to maintain security/order may justify searches and seizures that toherwise might not be.

Hudson v. Palmer (1984)

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

// people who are arrested can be strip searched upon entering jail - courts ruled that the jail's security needs outweigh the intrusion of the privacy of prople arrested

Eight Amendment Prisoner rights

Three principal test to see if conditions are unconstitutional:

1. if the punishment shocks society

2. if the punishment id unnecessarily cruel

3. if the punishment goes beyond legitimate penal aims

combination = totality of conditions

Fourteenth Amendment prisoner rights

Due process of discipline (basic procedural rights must be present when decisions are made about the disciplining of inmates - prisoners have the right to receive notice of the complaint, fair hearing, confront witnesses, help in hearing prep, and a written statement of decision)

Equal protection (racial discrimination cannot be official policy in prison walls, female inmates receive equal quality of programs as male inmates)

Morrissey v. Brewer (1972)

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

Gagnon v. Scarpelli (1973)

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

Civil Service Laws

Set the procedures for hiring, promoting, assigning, disciplining, and firing public employees.

Liability of correctional personnel

provide a means for prisoners, but also probationers and parolees, to bring law suits against correctional officers

Incarceration

Crime rates have dropped throughout the country, even in states where incarceration rates were low. No one factor is the primary cause but the five main reasons are:

1. increased arrests (more likely incarceration for drug violations, aggravated assaults, sexual assaults)

2. tougher sentencing (hardening of public opinion towards criminals resulted in longer sentences and fewer probation/parolees --> budget pressures as well)

3. increased prison construction (prison overcrowding lead to the doubling of prison facilities, 400 built, incarceration rates may have increased to fill the created space)

4. war on drugs (mandatory minimum sentences for federal drug law violations - states copied, public opinion is changing though)

5. state politics (local officials often promote prisons as an economic development, and to get tough on crime)

Models of Incarceration

custodial, rehabilitation, reintegration

most prisons are custodial, but elements of all three are found despite being in competition and incompatible with each other

Custodial Model

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

Rehabilitation Model

a model of incarceration that emphasizes treatment programs to help prisoners address the personal problems and issues that led them to commit crimes

Reintegration model

A model of a correctional institution that emphasizes maintaining the offender's ties to family and community as a method of reform, recognizing that the offender will be returning to society.

Prison Managers

1. cannot select clients (prisoners)

2. have no control over release of clients

3. must deal with clients against their will

4. rely on clients to do most of the work

5. maintain satisfactory relationships

Four factors differentiating prisons from other Gov Orgs

1. defects of total power (power of officers to force compliance with rules is limited, the use of force on a regular basis disrupts order)

2. rewards and punishments (gain cooperation through rewards like granting privileges, and punish by removing/denying privileges)

3. Exchange relationships (gain cooperation by tolerating minor rule infractions in exchange for compliance with major aspects of custodial regime)

4. Inmate leadership (can acquire and access inmate information from inmate leaders with rewards)

Challenges: managing these factors - wardens must apply management principles within the context of their own style of leadership

Officers' role

crucial professional that has the closest contact with prisoners and prison staff. expected to counsel, supervise, protect inmates while also dealing with complex bureaucratic organization

Recruitment of officers

Incentive = financial security of civil service workers

Demographic: rural whites, this is where prisons are located

Use of force by correctional officers

five legally acceptable situations

1. self defense: if threatened, they may use a reasonable level of force

2. defense of third persons: reasonable self defense in protection of another inmate

3. upholding prison rules: use force to obtain safety and security if ruled violated

4. prevention of a crime: force used to stop a crime

5. prevention of escapes: escapes threaten external society, and within prison

Who is in prison?

-men in their late 20s & early 30s (29%, 30% respectively)

- 50% have a high school education

-disproportionately members of minority groups (38% black, 35% white, 21% hispanic)

- 50% violent crimes

Elderly Prisoners

prisoners over the age of 55; issues of different medical needs; increase because of increase in incarceration lengths and harsher sentencing

Prisoners with HIV/AIDS

- 1.5% tested positive in 2008

- rate in 2.5x higher than general public

Prisoners who are mentally ill

1960s - mass closing of public hospitals for mentally ill

prisons = de facto mental hospitals, even though correctional officers are unprepared to death with them

people with mental illness tend to follow the revolving door from homelessness to incarceration and back

Long term prisoners

nearly 310000 prisoners are serving at least a 20 year sentence costing tax payers 1 million dollars per sentence

addressing mental health is critical in preventing suicide

ways of making sentences bearable:

1. maximize opportunities to choose living conditions

2. create opportunities for meaningful living

3. maintain contact with outside world

Inmate code

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

also emphasizes the solidarity of all inmates against staff

Doing Time

Men "doing time" view their prison term as a brief, inevitable break in their criminal careers, a cost of doing business - least amount of suffering and most amount of comfort

Gleaning

take advantage of prison programs to better themselves and improve their prospects for success after release

Jailing

cut themselves off from the outside and try to construct a life within the prison - seek power and influence in prison society

Disorganized Criminal

cannot develop any of the other three orientations - low intelligence, psychological/physical disabilities

Prison Economy

the exchange of goods, services, and contraband by prisoners in place of money since amenities and basic necessities are sparse (cigarettes)

Women in prison

8% of entire us prison population

smaller facilities, looser security, underground economy less developed, less committed to inmate code, shorter sentences than men, lack high walls guard towers, cyclone fences. geographic remoteness and diverse

Subculture of Women's Prisons

same-sex relationships, pseudo-families relieve prison tensions, less violence, less gang activity, and lack racial tension - women want to do their time and go home

Male vs female subcultures

1. 50% + male inmate serve time for violent crimes, 33% women

2. less violence in women's prison

3. women are responsive to prisoner programs

4. mens prisons are separated by security level, women's are mixed

5. men tend to segregate by race, less true for women

6. women tend to share lives with officers

Sexual Misconduct

cases of sexual misconduct by male correctional officers has escalated since 90s

Prison Rape Eliminate act requires state correctional systems to develop standards to collect data on rape in prisons to reduce its incidence

Educational and Vocational Programs

these programs matter a great deal considering that women must supports themselves and their children upon release - they are lacking compared to the male institutions

Medical Services (women)

women prisoners usually have more-serious health problems than men (asthma, drug use, diabetes, heart disorders)

Mothers and their Children

60% of women inmates are mothers

leads to questions of prison structure in future

Intermediate sanctions

1. criminal records and current offenses are not serious enough to warrant incarceration

2. community supervision is cheaper

3. recidivism rate lower

4. support and supervision given while living in community

Origins of probation

started as humanitarian effort to allow first time/minor offenders a second chance

60s emphasis on reintegration

70s orientation on rehabilitation and reintegration (with risk management)

today growing interest in community justice