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Transportation
A common sentence in Europe for many centuries which involved exiling convicts to labor or penal colonies and forcing them to work
Maconochie
served as a warden of Norfolk island
first warden to institute a marks system (earned though good behavior and could be traded for privileges) Norfolk is the most documented penal colonies- it was brutal and violent and prisoners were poorly fed, clothed, housed, and were mistreated by staff (institutional violence)
Pennsylvania Model
Built to replace the Walnut Street Jail; prisons that emphasized silence and isolated inmates in their cells, restricting their contact with others-enforcing penitence. Didn’t even want them to work because it interrupted their time to reflect and feel remorse
New York Model
Was preferred over the Penn model and was copied extensively by American prison builders. Prisoners included congregate work and eating arrangements but silent and separate housing
institutional corrections
Incarceration of offenders in a jail or prison, apart from a community
Community-based corrections
Performed by agents of state/fed government to help offenders establish or reestablish law-abiding roles in the community while also monitoring their behavior
Specific and general deterrence
Deterring a specific offender from committing a specific act. Deterring law-abiding citizens from committing crime by demonstrating that bad guys get punished for their actions
Beccaria’s 3 conditions for effective punishment
Certainty, swiftness, severity. Believed that punishment should fit the crime, in speedy public trials, and that capital punishment should be done away with completely.
Indeterminate sentence
when the number of years a person may serve in prisons is a range (not a fixed number)
Determinate sentence
A specific, fixed-period sentence ordered by a court (still allows probation)
Consecutive Sentence
A sentence in which two or more sentences must be served sequentially
Ex parte Hull
·
Ruled that prison officials could not take actions against inmates that prevented them from filing habeas corpus petitions
Samson v California
The court ruled that since parolees had just been released from prison, were serious offenders, and at a high risk of reoffending, police, and parole officers were provided the justification to search parolees without any direct evidence that there was reasonable suspicion they were engaged in a crime. The mere fact that parolees are on parole can justify a search of their persons or home.
Hands-off Doctrine
(1866-1963) courts shouldn’t interfere with prison management and prisoners only have rights if those rights are specifically granted by the Constitution, a statue, or a policy
Prisoners’ Rights Period (1964-1978) and Intervention Doctrine
Courts should hear the claims of inmates and support their rights regarding the conditions of their confinement, including religious liberty, privacy, communication, safety, and due process
Jones v. Cunnigham (1963)
Prisoners can also legally challenge the conditions of their confinement
Cooper v. Pate (1964)
State prison inmates can sue state officials in federal court under the Civil Rights Act
Prison Litigation Act of 1995
3 major provisions:
Frequent Filer Provision- requires that inmates pay the ful filing fee when filing a complaint (exception for the indigent)
Three Strikes Provision - states that indigent prisoners who cannot pay their filing fee and court costs will be prohibited from filing any new lawsuits if they have previously filed three or more action actions that were dismissed as frivolous or malicious
Exhausted Remedies Provision - inmates must exhaust all available administrative remedies through the inmate grievance system in their prison or place of confinement, before they can file a complaint with the court
Jail
typically a locally operated, secure institution headed by a county sheriff; however, these can also be operated by city policing agencies, tribal communities, or the fed government
Who is detained in jails?
All sexes and offense types. Mostly adults awaiting adjudication or sentencing
Deaths in Custody Reporting Act
Required states to submit a quarterly report regarding deaths that occurred during arrest, transport, or while in custody at a jail, juvenile center, or state prison
More prisoners in our states or in the federal system?
State
More private or public prisons?
Public (93%)
More inmates incarcerated for violent or nonviolent offenses in the states?
Violent in states. Drugs in Federal prisons and public order
3 reasons why we classify inmates:
Reduce and control violence, minimize risk of inmate escape, separate the sexes.
External classification
determines custody classification (security level) and institution
Internal classification
determines where an inmate will be housed within an institution, the programs or
services they will have access to, whether or not they will be allowed to have a work assignment, and what the work assignment will be
Need Assessment
determine what needs the inmate has that may affect internal or external housing
decisions, such as medical or mental health needs
5 categories of prison violence:
Intrapersonal: violence against oneself (suicide, suicide attempts, self-harm &
mutilation)
→ Interpersonal: physical, sexual, or psychological violence initiated by an inmate
against another inmate or staff person
→ Group: physical, sexual, or psychological violence between two social groups of
inmates (such as, gang-on-gang fighting)
→ Organized: planned violence by two or more inmates on the institution and/or
staff (riots or premeditated violence on an officer)
→ Institutional: physical, sexual, or psychological violence by staff on an inmate or
inmates (sexual contact, excessive force, retaliatory & unnecessary restrictions,
etc.)
Deprivation theory
contends that prison subcultures arise as a direct
result of the deprivations built into incarceration and prison life.
Importation theory
prison subcultures have their origins in the street, outside of prison walls. This could explain why some gangs exist both in and outside the prison and why gang affiliation and membership don’t necessarily change upon incarceration or release.
Prison gangs
are groups of people who socialize together, support one another, and often engage in criminal activities together. Gangs have a hierarchical organizational structure and a strict code of conduct and social expectations for their members.
Pseudofamilies
are social groups created within the prison (usually by women) that resemble traditional family roles and structure. In other words, they often include mother, father, daughter, and sister roles
Total Institution
Life is spent in only one place according to Goffman.
5 pains of imprisonment
Gresham Sykes identified several pains that inmates suffer upon their incarceration.
1) Lose liberty 2) Loss of goods and services 3) Loss of heterosexual relationships 4) Loss of autonomy 5) Deprivation of security
Probation
A sentence imposed upon a convicted offender that allows that person to remain in the community while under the supervision of a probation officer. Rooted in the Latin word probare.
General conditions
"same for everyone" such as employment, reporting as directed, sobriety, and no firearms.
Specific conditions
"vary for each individual" such as community service, treatment/group services, and restitution.
Technical violations
Non-criminal violations of conditions of probation.
Law Violation
New crimes committed by a probationer while on probation; same laws for everyone regardless of on probation or not.
Revocation
Formal termination of an offender's freedom due to violation of conditions of probation.
Positive and Negative Reinforcement and Punishment
Positive reinforcement is meant to increase a behavior while punishment is used to decrease a behavior.
-Positive reinforcement = behaving well so you get a reward
-Negative reinforcement = taking away something unpleasant or uncomfortable
-Positive punishment= spanking
-Negative punishment = being grounded
3 variables known to impact efficacy of problem-solving courts
1. level of judge involvement
2. consistency of the staff
3. duration of the program
Judicial Reprieve
The British and early American practice of delaying an offender's sentencing to prison following their conviction, allowing them to live in the community. If they behaved, the delay could become permanent; if they did not behave, they would be incarcerated.
John Augustus
he is the person who created the idea of probation
National Probation Act of 1925
allowed federal courts to suspend the imposition of a prison sentence and place offenders on probation
Pretrial Diversion
Prosecutor withholds charge if the offender agrees to participate in the program
•If the offender completes the program, the charge is not imposed
• If the offender fails, the prosecutor can pursue a charge
Deferred Adjudication
Prosecutor charges offender and offender agrees to plead guilty
• Court suspends the formal entry of the plea if offender completes program
• If successful, the formal plea is never entered into the court record and charges are dismissed
• If offender fails, plea is entered and sentence is imposed
4 benefits of probation
1. Less expensive than incarceration
2. Boosts local economies (especially those with high crime)
3. Keeps families intact
4. Maintains offender's connection to the community
Two roles/tasks of probation officers
case investigation and offender supervision
Mempa v. Rhay (1967)
people on probation or parole have a right to representation and legal counsel during revocation
Intermediate Sanction
any sentence imposed on an offender that exerts more control over the offender than traditional probation and less control than incarceration
Intensive Supervision Probation
an approach to probation that includes smaller caseloads for officers, increased supervision for offenders, more frequent home visits with offenders, stricter conditions of probation, and harsher consequences for technical violations
Work Release Program
typically operate within a jail or minimum-security prison and allow offenders to work in the community while still remaining confined when they are not working
Shock Probation
means that the offender spends a short period of time in jail before probation, usually around 30 days
Home confinement
house arrest means the offender is confined to their home (versus a jail or prison) and monitored through an electronic monitoring device
Day reporting center
Facility where offenders are required to go daily for a specified amount of time during which they can access programs and classes related to mental health, education, and employment
Split sentence
an offender serves part of their sentence in prison or jail and the other part on probation (unlike shock probation, a split sentence will likely include a year or more of incarceration, followed by probation)
Ticket of leave
The original Ticket-of-Leave (TOL) allowed inmates from Norfolk Island to earn early release, but it came with three conditions:
✓ Refrain from committing another crime
✓ Appear in court regularly
✓ Attend church dutifully
parole
the conditional release of a prisoner (before the completion of their full prison term) under the community-based supervision of a parole officer
Discretionary Parole
refers to a prisoner's conditional release from prison early into the supervision of a parole officer as a result of a parole board's decision (requires an indeterminate sentence and an offender serving at least 1/3 of their sentence)
Discretionary Parole process
1) An inmate reaches eligibility for parole in their state (usually 1/3 of sentence)
2) An institutional parole officer interviews the inmate in order to develop an inmate's parole plan
3) The parole plan is investigated and verified by a field parole officer
4) Parole hearing is scheduled (family members, victim, etc. are invited)
5) Parole hearing is held - members review records, speak to the inmate, supporters and opposers are heard, and members vote
Discretionary Parole Advantages
1. Incentivizes inmates to behave in prison and focus on their reentry
2. Can help ease institutional crowding and reduce correctional costs
3.Can result in more inmates being supervised and supported after prison
Discretionary Parole disadvantages
1. Victims can be harmed by this process, especially if they don't want to see their offender released early and experience distress every time that offender is up for parole
2. Members of parole boards may or may not be well educated, capable, or trained to make the decisions they are making 3. Discretion always makes our system more vulnerable to discrimination and disparity
parole board
a group of community members, usually appointed by the governor, who facilitate discretionary parole hearings in which inmates eligible for parole can petition for early release
Unconditional Release
refers to a prisoner's release from supervision because they have served their full sentence, received a pardon, or their sentence was commuted
Mandatory Conditional Release
refers to a prisoner's conditional release from prison early due to the mandates of determinate sentencing statutes and "good time" provisions(requires a determinate sentence) - this is now the more common form of early release
Programs can help inmates:
1. Cope with incarceration
2. Develop and grow as individuals
3. Prepare for reentry
5 types of programs
1.Vocational
2.Recreational
3.Religious
4.Educational
5. Rehabilitative/Therapeutic
Risk, Needs, and Responsivity (RNR) Model
maintains treatment should be determined by factoring in an offender's risk for reoffending, their needs, and their developmental stage
Risk Principle
offenders with the highest risk for reoffending should receive the most intense treatment
Needs Principle
treatment should target needs related to reoffending (criminogenic needs)
Responsivity Principle
treatment should be tailored to an offender's developmental stage and learning style
Static factors
do not change (race, sex, upbringing, etc.)
Dynamic factors
an change (values, attitudes, behaviors,etc.)
BIG 4 central domains of criminogenic risk
1. History of antisocial behavior
2. Antisocial personality pattern
3. Antisocial cognition
4. Antisocial associates
PIECP (Prison Industry Enhancement Certification Program)
Allows private companies to set up industries in prisons, inmates are the sole workforce and goods are sold/distributed in the for-profit open market
Must meet the criteria:
-inmates must be paid the same wage as someone in the private sector
-the prison industry must not displace existing workers in the community
-inmate participation must be voluntary
A portion of inmate pay (between 5-20%) must be given to victim assistance programs
2 states that have the most prison inmates in private insitutions
montana and new mexico
Does the federal BOP currently use private prisons?
no but will probably change
Illinois Juvenile Court Act
1. created a separate juvenile court
2. established the separate detention of juvenile and adult offenders
3. created a juvenile probation system
Delinquency offenses
are acts that would be considered criminal in the adult criminal court, such as assault, property damage, or theft
Status offenses
are activities that are illegal only for minors, such as skipping school (truancy) and running away from home
Judicial Waiver
Juvenile Court Judge transfers case
Direct File (prosecutorial discretion)
Prosecutor with concurrent jurisdiction files in the adult court instead of the juvenile court
Automatic Waiver (statutory exclusion)
Legislative body mandates that the prosecutor file in the adult court due to nature of the offense and the age of the defendant
Residential Placement
refers to institutional corrections in the juvenile justice system
Kent v. United States (1966
Due process rights extend to juveniles in the Juvenile Court
In re Gault (1967
When a hearing in juvenile court could result in institutional commitment,juveniles have five due process rights:
✓ Proper notification of charges
✓ Legal counsel
✓ Confront witnesses
✓ Privilege against self-incrimination
✓ Appellate review
In re Winship (1970)
In delinquency cases,the government must prove guilt beyond a reasonable doubt(versus civil standard of preponderance of evidence)
Schall v. Martin (1984)
The preventative detention of juveniles is permissible under certain circumstances(such as with notice and after a hearing) and there is no right or process for bail.
Roper v. Simmons (2005)
found that the penalty is unconstitutional for all juveniles regardless of offense
Graham v. Florida (2010)
LWOP is unconstitutional for juveniles except in cases of homicide
Miller v. Alabama (2012)
Mandatory sentences of LWOP is unconstitutional for juveniles even in cases of homicide
