Exam 1

american corrections today

\-6.9 million people in corrections system today

\-4 million on probation

\-1 in 28 males age 30+ have been in prison

\-1% of all adults are incarcerated

purpose of corrections

carry out criminal sentence

social contract

how you learn social norms; helps define behavioral limits

\-informal: parents and schools

\-formal cj system

\-also compels people to behave according to societal norms

\-2/3 of offenders are supervised in the community

corrections systems today

\-employs 700,000 people

\-annual cost is over 50 billion

\-big 4 in corrections: california, florida, texas, new york

\--now known as big 3: CA, TX, GA\*

\--1/3 of all state inmates

\--2/5 of all under correctional control

\*NY prison count decreased by a third, due to sending less people to prison and for shorter stays (less drug arrests, a drop in violent crime, and closing of Riker’s island

key issues in corrections

\-managing the correctional organization

\--issues: confronting goals and difficult to obtain adequate funding

\-working with people

\--mental illness, uncooperative, women guards dealing w male inmates (ie. comments, sexual harassment, etc), relationship with staff

\-upholding social values → ethics

\--corruption of guards

history of corrections

1. penitentiary
2. Pennsylvania system
3. new york system (auburn)
4. reformatory movement
5. corrections in the 20th century

penitentiary

* 1776-1830
* took from ideas of harsh labor
* isolation from society and each other
* productive behavior
* reflect and report

Pennsylvania system

separate confinement

new york system (auburn)

\-congregate system: were only in isolation at night

\--day worked alongside other inmates and couldn’t speak

reformatory movement

\-Elmira reformatory: initially designed for younger offenders (more receptive for rehabilitation)

\-Zebulon Brockway → rehab/education

\-marks system: earn an early release

corrections in the 20th century

\-medical model, community model, crime control model

medical model

emphasis was on the treatment of offenders

community model

focus on re-integration (support from family), look at factors involved in why a person committed a crime

crime control model

focused on punishment

punishment from middle ages to the American revolution

\-boiling alive, broken by wheel, burned internally, flayed alive, hanged, iron-maiden, rack

\-more current: lethal injection, electric chair, firing squad, gas chamber

written codes

\-sumerian laws of mesopotamia

\-code of hammurabi

\-lex talionis: “eye for an eye”

age of reason/ the enlightenment period

\-shifted thoughts on punishment

\-focused more on equality of punishment and correctional reforms

\-pushed idea of set punishments for different acts

classical school

\-free will

\-offenders make choices,

\-crimes are not random,

\-punishment should be swift, certain, and severe

\-punishment should be enough to deter

utilitarianism

\-jeremy benthem

\-pain vs pleasure

\-people want to maximize pleasure and minimize pain

\-deter people first from committing a crime or continuing to commit a crime

purpose of corrections

\-inflicting some type of deserved suffering

\-prevent crime in the future

4 goals of punishment

1. retribution: punishment is deserved
2. deterrence: discourage future crime


1. general: effects everyone
2. specific: effects individual\*
3. rehabilitation: treat/reform the individual
4. incapacitation: focus on punishment, remove someone from society and lock them up

\*general and specific occur at the same time

* goals are not isolated from each other

restoration

you should restore the harm that you caused

\-ex. a person who commits vandalism has to clean it up

forms of criminal sanctions

\-incarceration

\-intermediate sanctions

\-probation

\-death

incarceration

\-2.2 million → prisons and jails

\-intermediate: case by case, range from 2-5 years (minimums and maximums, goal is rehabilitation)

\-determinate: fixed period of time, 5 years

\-mandatory: based on crime committed, must serve time

\-mandatory reserved for habitual or career drug crimes, violent crimes, firearms (3 strikes law)

\-good time: following rules, participating in programs, treatment, etc. which can reduce time in incarceration (incentive for person and for facility, applies for intermediate, determinate, and mandatory but varies)

intermediate sanctions

\-range from least to most restrictive

\-target offender rather than offense

\--most effective when used in combination with other sanctions

\--ex. shock incarceration then probation

\--should reflect severity of offense, offender, and needs of the community

probation

\-most frequently applied sanction (approx. 4 million)

\-can stay in community; meet with probation officer, forced to get job or participate in education (conditions)

\--traditional condition

\--punitive conditions: specific to offender

\--treatment conditions

death

\-most executions occur in Texas and Florida (south)

\-suspension from 1968-1976, reserved 1977

invisible punishments

\-follow a person after a conviction or sentence

\-loss of right to vote

\-termination of parental rights

\-divorce

\-occupations

\-public welfare programs (ex. housing assistance)

sentencing disparities

\-ex. crack vs cocaine possession

\-different sentences for same offense

\-usually no justification

wrongful convictions

\-innocence project

\-DNA has been key factor

\-some other states have formula of money given to those wrongfully convicted

\-others sue state for larger amounts (both exonerated and family)

\-bias from jury, faulty eye witness testimony, inadequate counsel, unethical conduct by police, false confessions, community pressure, false accusations, plea bargaining pressures

who is in jail?

\-detainees awaiting trial, not convicted

\-sentenced offenders: been convicted (usually misdemeanor)

entrance to the correctional system

\-731,208 people in 2,830 jails

\-jail population have been declining (filled at only 84%)

\-population

\--86% are male, nearly 2/3 are under 35 y/o, almost half are white, disproportionate amount of poc, most have little education/low income

pretrial detention

\-arrested, not convicted

\-common response is to panic

\-1/3 deaths in jails are suicide (6-10 hours after lockup)

\

special problems of detainees

\-mental health problems (2/3 have history of mental problems)

\-substance dependency (1/2 are under influence at time of arrest, 2/3 have history of substance abuse)

\-medical needs (major or minor injuries)

\-legal needs (from bail to trial)

\-pretrial detainees’ rights (1/2 are awaiting trial)

bail

to ensure the accused appears in court

\-cash and bondsman

problems in bail

\-indigent defendents (\~90%)

\-freedom from a price

release on recognizance

\-higher rearrest rates

\-lower rearrest rates

\-higher probation sentences

\-only a small number of defendants qualify for this

pretrial diversion

\-offender crimes caused by special problems

\-stigma attached to formal criminal labeling

\-cheaper than formal cj processing

preventative detention

\-defendants are kept in jail for society’s protection

\-court cases approving use of preventative detention

\-schall v martin (1984)

\-US v salerno (1987)

community corrections

\-primary punishment alternative to incarceration

\-goal is to find the least-restrictive alternative

\-probation and intermediate sanctions make up community corrections (approx. 4 million people on probation)

\-- live in community under certain conditions

history and development of probation

\-john augustus was first probation officer to use term “probation”

\-presentence investigation, supervision conditions, social casework, reports to the court, revocation of probation

modernization of probation

\-how it started

\--social work role (support services)

\--law enforcement role (control and surveillance)

\-medical model (rehabilitation)

\-reintegration model (assessed clients)

\-risk management (surveillance and control; what we use now)

intermediate sanctions and probation

\-more restrictive than traditional probation but less severe and costly than incarcerations

problems with intermediate sanctions and probation

\-unclear who administers these

\-selecting the “right” offender

\-net widening

net widening

increases social control over people (but not usually major safety concerns/ re-offenders)

continuum of sanctions

low control to high control model in textbook

community corrections legislation

goal is to reduce the reliance on prisons

goals of community corrections legislation

1. reduce rate and number of people sent to correctional facilities
2. reduce tax revenues spent on corrections
3. reduce overall prison populations

complex outcomes

dual function of probation

investigative vs supervision

investigation

\-pre-sentence investigation (PSI)

\-assists the judge in sentencing

\-higher priority than supervision

supervision

\-begins once offender is sentenced to probation

\-must establish relationship and define goals

\-series of tasks loosely connected to possible rehabilitation

the investigative function

\-PSI plays most important role in the sentencing process

\--balance of rehabilitation and risk management

\--content must be valid and reliable

\--PSI reccommendations

\--agreement with judges range from 70-90% (most useful with plea bargaining)

\--disclosure (defendants not usually provided with a copy)

the supervisory function

\-role conflict officers

\--enforcing the law vs helping the offender

\-conflict of power and authority

\-motivational interviewing (behavior change)

\-offenders’ response influences effectiveness

\--officers must balance support vs control

\-probation conditions (standard, punitive, treatment)

revocation and termination of probation

\-probation ends in one of two ways (success or revocation)

\-

revocation

new arrest/conviction vs technical violation

3 stages of revocation

1. preliminary hearing: probable cause
2. hearing: facts heard and determines


1. sentencing: confinement or amend probation

types of termination from probation

*look at notes/book*

corrections

variety of programs, services, facilities, and organizations responsible for the management of individuals who have been accused/convicted of criminal offenses

federalism

power and responsibility are divided between national and state gov

prisons

for serious crimes, usually felonies

jails

holds pre-trial detainees and sentenced misdemeanants for periods longer than 48 hours (county mostly sometimes state)

probation

ppl are convicted but not sentenced to confinement

parole

4 people out of confinement or early release before end of sentence

private prisons

prison under private company under contract w local state or federal gov often as a for profit business

penitentiary

institution intended to isolate prisoners from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergoreformation

lease system

inmates were leased to contractors who provided prisoners w food and clothing in exchange for their labor

mark system

offenders assessed a certain number of points at the time of sentencing, based on severity of their crime (prisoners could reduce their term and gain release by earning marks through labor, good behavior, and education environ

positivist

social, economic, bio, and psychological factors rather than religious or mental expectations

evidence-based corrections

ensure that correctional programs and policies are based on research evidence about “what works”

justice reinvestment

save money by reducing number of prisoners and then use some of the funds to invest in crime prevention in the community

classical school

cesare beccaria, only justification for punishment is utility

selective incapacitation

sentencing to long prison terms offenders who repeat certain types of crimes; use for careers

presumptive sentences

legislation or commission sets a max and min range of months or years

\-judges are to fix length within the range, allowing for specific circumstances

shock probation

sentence in which offender is released after short incarceration and resentenced to probation

blameworthiness

amount of blame that the offender deserves for the crime

presentence report

prepared by probation officer, who investigates a convicted offender’s background to help judge select an appropriate sentence

sentencing guidelines

indicates usual sanctions given previously to particular offenses

\-2 scores: seriousness of offense and criminal history of offender

wrongful conviction

innocent person is found guilty by plea of verdict

bail

amount of money specified by the judge, to be posted as condition for pretrial release

bondsman

an independent businessperson who provides bail $ for a fee, usually 5-10% of the total

day reporting centers

facility where offenders (like personal releasees and probation violators) attend daylong intervention and treatment sessions

electronic monitoring

community supervision technique, ordinarily combined with home confinement that uses electronic devices to maintain surveillance on offenders

absconders

people who fail to appear for court date and have no legitimate reason for doing so

\-unless good reason, warrent is sent out for arrest

new generation jail

facility with podular architectural designmanagementt policies that emphasize interaction of inmates and staff and provision of services

podular unit

self-contained living areas, for 12-15 inmates, composed of individual cells 4 privacy and open areas for social interaction

\-new gen jails made up of 2 or more pods

direct supervision

method od correctional supervision in which staff members have physical interaction w inmates throughout the day

judicial reprieve

practice under englsih common law whereby a judge could suspend the imposition or execution of a sentence on condition of good behavior on the part of the offender

reintegration model

part of medical model, belief that crime is caused by poverty, inequality, and lack of opportunity, dealing w crime requires that the effect of these problems be reduced

day fine

crime penalty based on amount of income that offender earns in a day’s work

forfeiture

gov. seizure of property/ other assetsderived from/used in crim activity

community service

compensation for injury to society by performance or service in community

restitution

compensation for injury to society by performance or service in community

drug courts

specialized way to handle drug involved offenders in which court take more active role in probationer is under supervision

probation center

residential facility where persistent probation violators are sent for short periods of time

restitution center

facility where probationers who fall behind on restitution are sent to make payments on their debt

intensive supervision probation

probation granted w conditions of strict reporting to a probation officer w a limited caseload

principle of interchangeability

idea that diff forms of intermediate sanctions can be calibrated to make them equivalent as punishments despite their diff in approach

justice reinvestment

savings from community corrections used to help build up the crime prevention people programs in communities that have most people under community supervision

presentence investigation

invesitgation and summary report of a convicted offender’s background, which helps the judge decide on appropriate sentence

victim impact statement

description in a PSI of the costs of the crime fro the victim, including financial/emotional losses