intro criminal justice SECOND HALF

how did incarceration originate?

• Incarceration wasn’t really a thing pre-1800; mostly physical punishment

  • Changed during Enlightenment from 1685-1815

• John Howard created idea of incarceration for reform in 1787

  • Believed punishment should shame people’s wrongs & give them opportunity to change

what was the first prison reform group?

Philadelphia Society for Alleviating Miseries of Public Prisons (now called Pennsylvania Prison Society)

what were elements of the first penitentiary in the Pennsylvania System (Walnut Street Prison in Philadelphia)?

• Cells built 6x8x9 ft, separate confinement, cells had tiny windows

• Believed prisoners shouldn’t be allowed to communicate with each other because it would make them better criminals & people should have to reflect on their crimes/repent

• Frequent use of solitary confinement

• Lasted until 1838 due to high rate of disciplinary problems & extreme overcrowding

what were elements of the Eastern State Penitentiary (1829-1970)?

• overcrowding ended separate confinement

• Investigations found that excessive use of solitary confinement made prisoners violent

• 2 people assigned to 12x10x8 cells

when did the Auburn Correctional Facility open under the New York system?

1819

what was the congregate system at the Auburn Correctional Facility?

prisoners were kept in isolation during evening/night & had to work during the day to make products

what was the contract labor system at the Auburn Correctional Facility?

prison labor was sold to private employers to produce furniture, machinery, clothing, etc.

what were the elements of corrections in the South?

• Communities were impoverished after war

• Lease system → prisoners leased to contractors who gave them food/clothing in exchange for work

• Worked prisoners to death with poor working conditions; majority of prisoners were black

what was the Anti-Contract Law of 1877?

established that contractors aren’t allowed to work people to death

what was the origin of the prison reform movement?

• Penitentiaries became overcrowded & understaffed

• National Prison Association in 1870 in Cincinnati came up with indeterminate sentences

what were the elements of the Elmira Reformatory?

• first reformatory; designed for first time offenders between 16-30

• Performed personalized work & programming

• Mark system → prisoners would reduce their sentence by gaining points for good behavior, education, etc. to get time off

  • didn’t run effectively; frequent riots

what was the Women’s Prison Association?

created in 1844 with the goal of separating women from men to improve their treatment

what state implemented the first women’s prison in 1873?

Indiana

what was the rehabilitation/medical model of corrections from the 1930s-1970s?

• Goal of corrections should be to restore an offender to a law abiding citizen

• Diagnosing prisoners to determine how they should be rehabilitated

• doctors/psychologists went back to positivist idea of criminology that offenders can be treated/cured

  • Discredited in 1970s

what was the community model of corrections in the 1970s?

• Avoid incarcerating people at all because it hindered people from healthy lifestyles

• Emphasized probation over incarceration, people were mostly sent out on parole

• People were encouraged to participate in programs

what is the crime control model of corrections from the 1980s to the present?

• Get tough on crime, war on drugs, parolees returned to prisons

• Nixon elected in 1969 & created shift in crime; abandoned rehabilitation in favor of crime control

• Return to solitary confinement

who is the federal corrections system run by?

Federal Bureau of Prisons

who is the parole system run by?

administrative office of federal courts

what are minimum security correctional facilities?

for nonviolent, first-time offenders; dorm/camp style, not fence, lots of free time

what are medium security correctional facilities?

for violent/sex crimes; armed perimeter guards, cells, fences, restricted movement

what are high/maximum security level correctional facilities?

• strictest of all general prison populations

• for multiple offenses

• patrols

• high staff to inmate ratio

• for most violent offenders deemed unsafe for lower security levels

what are administrative correctional facilities?

• for people who are completely unsuited for other facilities; can include medical institutions, escapees, supermax prisons, ADMAX

• Ex: El Chapo, Ted Bundy, Unabomber

what are the elements of the state corrections system?

• Each state handles their prison system differently in security levels, designs

• Divided into minimum, medium, maximum

• Correctional facilities are way more overcrowded; more state offenses than federal offenses

• Community corrections

why are women’s state prisons more lax than men’s?

they commit more non-violent crimes

what are private prisons?

• run by a third party contracted through government; for profit prisons

• $3 billion/year industry; more prisoners = more money 💰

• 158 private prisons with 97k inmates

when/why were private prisons created?

created in 80s due to crazy prison overcrowding from get tough on crime/war on drugs era

what are some of the concerns posed by private prisons?

• Corrupt; judges take bribes to send people to private prisons

• Private prison orgs donate tons of money to people who advocate for them

• black/brown people = more likely to be sentenced to private prison than state/federal

• Don’t cost taxpayers any less money

what are jails?

• facilities for those awaiting trial, transfer to prison, & those sentenced to a year or less

• Minimal services

• insane overcrowding; often service huge regions but facilities are very small

• Lately used by ICE for holding people awaiting deportation

how were prisoners’ rights handled before the 1960’s?

prisoners didn’t have any rights; courts were told not to interfere with corrections

what was the holding under Cooper v. Pate (1964)?

• SCOTUS held prisoners have constitutional rights under Civil Rights Act

• 1st Amendment → right to reading/writing materials, right to religious practices

• 4th Amendment → searches/seizures must be reasonable, can’t be used to humiliate people

• 8th Amendment → have right to decent treatment & minimum health standards

• 13th Amendment → slavery = legal in prison

• 14th Amendment → right to due process & equal protection

who is a warden?

• highest ranking official in prison; enforce policy, advise staff, manage budgets, maintain discipline, rehabilitation programs

• Face political pressure, balancing security with rights, staffing

what are the responsibilities of correctional officers?

• inmate supervision, conflict resolution, patrolling, conducting searches for contraband, monitoring behavior, enforcing rules, responding to violence, transporting inmates to facilities

• High stress & burnout, high rates of PTSD & depression

• over 20% experience physical assaults during careers

• Understaffing can lead to working overtime

who are correctional counselors/case managers?

in-prison social workers; help with rehabilitation efforts, plan ahead for parole, behavior risk/needs assessments

who are mental health & medical staff in correctional facilities?

people who engage in crisis intervention, psychologists

what are the responsibilities of specialized units in correctional facilities?

handle prison riots, hostage situations, emergency responses

what are challenges faced by all prison personnel?

• psychological/physical stress, corruption & ethical dilemmas, staff shortages & overcrowding

• Exposure to suicide, traumatic events

  • 39% higher suicide rate for correctional officers compared to police

what are the age demographics of prisoners & what implications does this have?

• 22% of inmates are elderly (over 55); costs $75k/year; more than younger inmates

• Medical costs = very expensive

• Some states have separate geriatric wings for elder prisoners

how do prisons pose health risks?

• high risk of health issues & HIV/AIDS (double risk of general population)

• Hotspots for COVID during pandemic; staff couldn’t socially distance

how prevalent is mental illness in correctional facilities?

• 64% of jail inmates, 54% of state prisoners, 45% of federal prisoners have mental illness

• Only ⅓ of people with a diagnosed mental illness will actually receive treatment

• 20% of all suicides in the US are from people who were released from prison within a year

how is sexual misconduct a problem in prisons?

• Women = at higher risk of sexual misconduct in prison

• Fear of retaliation, power dynamic situations

• 1 in 4 incarcerated women are raped during their incarceration

  • Half of these were from prison staff; began with unnecessary strip/body searches

• DOJ found in 2012 that women = 5x more likely to be sexually assaulted in prison than men

  • Black women & queer women = twice as much

what is the Prison Rape Elimination Act?

established mandatory reporting & protection measures for rape in prisons; not consistently enforced

how is women’s health a problem in prisons?

• Women lack regular access to healthcare; no scanning for breast cancer

• 10% of women who go into correctional facilities are pregnant; no access to prenatal care

  • Mothers are separated from their children right after birth; causes post-partum depression, suicide

• Some prisons offer prison nursery programs to allow mothers to stay with their babies

• 25% of incarcerated women have women under the age of 4

• Women’s prisons in a state can be very far from children/family

who was Tiana Hill?

• entered prison pregnant but didn’t know, asked staff to take a pregnancy test

• Staff kept refusing

• Forced to give birth at 6 months because staff didn’t believe her

• Staff took the baby away & it died, didn’t tell her or give her any details

• Placed in solitary confinement & placed on suicide watch; no mental health care

as prison programs vary by state and security level, what are the main concerns that they pose?

overcrowding, budget cuts, limited access

what are prison education programs?

• GED programs, adult education courses, post-secondary education

• Inmates who participate in educational programs = 43% less likely to reoffend

what are prison vocational training programs?

teach marketable skills to offenders; ex: carpentry, welding, computer programming

what are prison substance abuse treatment programs?

provide therapy based treatment & lower rates of relapse

what are examples of various programs implemented in prisons for inmates?

• education programs

• vocational training programs

• substance abuse treatment programs

• Mental health programs

• Religious/faith-based programs

• Prison work programs

• parenting/family programs

• therapy/behavioral programs

a _____% increase in suicide rates among prisoners is due to solitary confinement

78%

what are the different types of violence in prison?

• inmate on inmate

• inmate on staff

• staff on inmate

• riots

• gangs

_____ assaults occur per every 100 inmates in state federal prisons

3

what do prison riots result from?

poor conditions & leadership struggles

what are examples of prison gangs?

• Aryan Brotherhood → organized hits, drug trafficking, extortion, 15,000 members in and out of prison

• La Eme → originated in CA prisons in 1950s, controls drug trade, racial conflicts, orders killings from inside prisons

• Black Guerilla Family → originated in 60s, racial ideology, drug trade, organizing riots

• MS-13 → originated in LA in 80’s, spread internationally, extreme violence, brutal retaliation, ordering deaths on law enforcement

• Texas Syndicate → started in CA in 70’s, violence against other gangs

what country has the highest incarceration rate in the world?

US; 1.2 million people in prison

what causes violence in prison?

• Overcrowding

• Organized violence → bunch of gangs, responsible for half of prison violence

• Contraband & drugs

• Lack of mental health services

what are the consequences of violence in prison?

• Injuries & fatalities

• Increased recidivism

• Trauma

• legal/financial consequences

what are ways to reduce violence in prisons?

• Training

• Separation

• Mental health care

• Reduce overcrowding

what were the Rikers fight nights?

• officers forced prisoners to fight, placed bets on who would win

  • Would get favors from correctional staff for fighting

• People refusing to fight would be put into solitary confinement, denied food

where did our guest speaker Tom Irvin work?

ADX (administrative maximum) facility in Florence, Colorado; now works in pharmaceuticals

who are some of the people our guest speaker Tom Irvin dealt with in his work?

• Ted Kaczynski (unabomber), Ramzi Yousef (1993 World Trade Center bombing)

• Other people imprisoned at ADX = Woody Harrelson’s dad, Tupac Shakur’s stepdad, Boston Marathon bomber

  • Met Woody Harrelson

who is Charles “Sonny” Burton?

• was involved in a robbery but someone else shot the store clerk; charged with 2nd degree murder & has been on death row

• The guy who pulled the trigger had his sentence overturned & isn’t on death row anymore

• Governor changed his sentence to life in prison before his scheduled execution

what is probation?

• conditional release of a person convicted of a crime back into the community under supervision of a probation officer

• Can be combined with other punishments

• Seen as a rehabilitative approach; focuses on reintegrating person into society

• Varies on state basis who controls probation

• People follow a specific set of conditions (drug/alcohol testing, curfew, check-ins, maintaining a job, staying in school, treatment program, no contact with victims, GPS, etc.)

• Less expensive than imprisonment (~ $4.5k vs $35k)

what is a technical violation spiral?

violating terms of your probation

what is intensive supervision probation?

higher monitoring & support

what are risk assessments?

• determine whether someone is eligible for probation

• Determine who is most likely to recidivate & how to prevent it

  • look at employment history, substance abuse, marital history, financial status, past offenses

• Determine the right amount of supervision & conditions

what is COMPAS?

risk assessment using AI to answer 130 questions with data & create risk assessment score; cuts out discretion & bias

what are the responsibilities of probation officers?

• supervise & enforce conditions

• Help clients with rides to go to drug tests, therapy, etc.

• Support pre-trial investigations by collecting background info on the offender to help provide information outside of sentencing

how many probation officers are there?

• 90k probation officers in the US & 3 million people on probation

• Higher percentage of women who are probation officers (54%)

what are the main issues that probation officers face?

• Issues = huge caseloads, low pay, safety threats

  • Average probation officer has 83 cases in Maryland

  • Average salary = $49k/year

• Most probation officers aren’t allowed to carry a firearm

• 55% of probation officers are assaulted

who was Davis Martinez?

Maryland probation officer; conducted routine home visit & was stabbed to death

what is house confinement/house arrest?

• offender must remain inside their home during specific times

• Can be assigned at any point during justice process

• Offender is GPS monitored with ankle monitor & supervised by probation/parole officer

• Typically for low risk offenders or people released due to overcrowding

what is a concern posed by house confinement/house arrest?

Government doesn’t pay for ankle monitor, offender does; if offenders can’t afford it they’ll be punished through other methods (i.e jail)

what are day reporting centers?

• offenders live at home but report to a center during the day for ~ 8 hours

• Provide treatment, help find jobs, educational programs, etc.

what are boot camps?

• short term sentence followed by probation

• Usually for young or first time offenders

• Physical regimens develop discipline

• Doesn’t work ❌🙅‍♀

what is intermittent confinement?

people live at home during the week & jailed only on weekends

what is community service?

service unpaid labor in the community; can be instead of incarceration/probation or at the same time

what are fines?

sum of money to be paid to the state

what is restitution?

repaying the victim for the harm caused

what is forfeiture?

seizure of property & other assets derived from or used for criminal activity (ex: taking away the car you used in a hit & run)

what is reentry?

• the process of leaving incarceration & returning to society

• Analogous to coming back to a completely different place/society

what is reintegration?

• analogous to moving back into the house you lived in before

• resuming life just like how it was before incarceration

how many people are incarcerated in the US?

2.1 million people

how many people are under correctional supervision?

• 5 million are under correctional supervision

• 1 in 38 adults are under supervision

how much recidivism takes place within the first 6 months immediately following release?

37%

what are structural barriers to reentry?

need an ID, restrictions to employment, social security, etc.

what are psychological barriers to reentry?

• isolation, PTSD, fear, trauma, institutionalization, internalization of labeling theory

• In prison all of your decisions are made for you; when release, you have to figure all of this out on your own & know how to use your freedom

what are social barriers to reentry?

family relationships, emotional distance, stigma, stereotypes, peers

what are systemic barriers to reentry?

• rules & conditions placed on people after their release

  • Ex: supervision conditions

• technical violation → probation is revoked if you violate any terms of your probation & you’re sent back to prison

how is adjusting to a whole new world a barrier to reentry?

learning to live in a world that moved on without you

what is a survival crime?

committing a crime because there’s no alternative, not because they want to (ex: robbing a bank for money to survive)

how do reentry programs compare to incarceration?

• cheaper than incarceration, more effective long term

• Politicians prefer short-term timelines & favor cheap, visible control strategies

• Voters tend to respond to immediate cost cutting rather than long term saving

• Short term political survival > public safety

how can politics shape criminal justice policy?

• Politics = shaped by high profile cases, media coverage, public panic/fear

• People get scared and vote for fear based policy

• Politicians don’t want to be labeled as “soft on crime”; can cost them elections

what is the parole panic effect?

takes just 1 instance of a person visibly getting out of jail to reoffend & scare society into cracking down on incarceration

what are some incentives of incarceration?

• Counties have incentives to incarcerate more people with private prison influence & profits from technical violations

• When profit is tied to punishment, failure = business model

how does media shape our perceptions of crime?

• by focusing on rare, extreme cases like escapes, violent reoffending

• Fear influences public opinion, which influences policy

  • Creates panic, dehumanizes criminals, promotes more strict crime policy

• Perception of crime doesn’t accurately reflect reality & amplifies perceptions of fear

who was Willie Horton?

• murdered a boy in a robbery & received 10 weekend passes

• Bush’s presidential campaign ad emphasized how Dukakis was soft on crime & as a result Horton reoffended & raped his girlfriend and committed a bunch of violent crimes after his release

what was the New York House of Refuge?

• First juvenile facility (1825)

• housed over 1k youth

• Known as “houses of refuge,” overcrowded, had abusive staff

• Juveniles didn’t receive education

what are reform/industrial/training schools?

penitentiaries with focus on education

when/where was the first juvenile court established?

• 1899 in Illinois

• Informal; no representation & formal court process

• Included probation, rehabilitation, treatment facilities

• Every state established juvenile courts by 1920s

what was the holding in In re Gault (1967)?

• Constitution protects juveniles’ right to due process

• Juvenile taken into custody for making a prank phone call & sentenced to juvenile facility for 7 years

• Parents weren’t notified

• Juveniles have most of the same rights as adults in criminal cases