Institutions and Corrections Exam 2

Similarities/Differences of Probation/Institutional Corrections

• Similarities of Probation to Other Correctional Agencies

  • Clientele are offenders

    • Seek to punish/rehabilitate

    • Uncertain goals/objectives 

  • Great increase in population/spending 

  • Lack of feedback

    • Effectiveness of programming is questionable

  • Operate amid social and political pressures 

  • Commonly administered at the county/state level

• Differences between probation and other correctional agencies

  • Operate directly within the community

    • Far more visible to the public

    • Greater threat to the public

    • Addresses the issues offenders face in a realistic context 

  • Most commonly imposed sanction

  • Much cheaper than incarceration

  • Commonly court-administered

  • Seen as soft on crime measures

    • Somewhat lacking in public support

    • Greater emphasis on rehabilitation 

History of Probation 

• Within the U.S., 1841, and John Augustus 

  • Formally established the practice in MA for drunkards 

Measuring Success on Probation 

• Effectiveness of Probation

  • Depends on an individual's definition of success

    • No new arrest?

    • Complied with all conditions and received no violations?

    • Not revoked from supervision?

    • Completed treatment programs?

    • Made significant pro-social changes? 

• Supervision outcomes

  • Successful completions

    • No revocations ~65%

  • Revocation 

    • New arrest

      • ~16%

  • Technical failure

    • ~11%

  • Absconding 

    • ~3%

2 Primary Roles of Probation Officer 

• The LEO/Social Worker dichotomy

• LEOs

  • Emphasis on surveillance

  • Conditions must be realistic, individualized, and enforceable 

• Social Work 

  • Emphasis on rehabilitation

  • Supervision must include therapeutic interventions

Prison Design 

Wagon Wheel, Telephone Pole, Courtyard, Campus 

• Radical design, AKA wagon wheel

  • Oldest design

  • Centralized control

  • Isolation of Spokes as necessary

• Telephone pole design

  • The central corridor connecting many housing areas

  • Centralized control

  • Isolation of various wires as necessary

  • Common for maximum security prisons

• Courtyard Style

  • Functional portions of prisons are contained in buildings inside an open square

  • Movement from one area to another goes across a courtyard

  • Movement is restricted by locking down functional areas 

• Campus Style

  • Newer developments in prison design

  • Small mixed-use buildings are scattered throughout prison prison-secured area

  • Inmates and staff move from building to building for various activities

Prison Classification and Characteristics 

Supermax, Maximum, Medium, Minimum, Private 

• Maxium Security

  • High walls with guard towers 

  • Individual cells

  • Militiaristic 

  • Frequent Headcounts

  • Close surveillance

    • Complete loss of Privacy

  • Rehab/Reintegration is completely sacrificed 

• Medium Security

  • High walls with guard towers

  • Inmate control is less rigid

  • Greater emphasis on rehab/reintegration

• Minimum Security

  • Least violent offenders

  • Long-term offenders with clean disciplinary records

  • Lacks tower/walls

  • Dormitory living more common

  • More personal freedom

  • Greatest opportunities for rehab/reintegration

• Private Prisons 

  • Various forms of operation/ownership

    • Almost all are used by states

  • Little evidence of effective or cost-saving

  • Questionable ethics and legality

  • 1983 suits are not permitted, but individual officers may be targeted 

Causes, Prevalence, and Characteristics Leading to Prison Violence

Inmate on Inmate; Inmate on Staff; and Staff on Inmate 

• Violence in Prison

  • Prison offers a perfect stage for violence

    • Ultra-masculine culture

    • Overcrowding

    • Lack of emotional/physical/sexual outlets

    • Strict control/routinization

    • Isolation from loved ones

    • Grouping of individuals with a history of violent activity

  • Official records of violence are down, but like UCR, some contend the counts are inaccurate

  • Some inmates report a feeling of continual threat of victimization 

• Riots

  • Extreme cases of violence

  • Known to occur when inmate needs are not addressed

  • Prevalence is relatively rare

• Who does violence

  • Young, state prisons

  • Lack of possession/commitments

  • Machismo

    • History of resorting to violence to address problems 

  • Race can play an important role, especially if violence is gang-related

• Gang members

  • Protection

  • Camaraderie

  • Promote violence among other races

  • Protective custody

    • Used as a means to mitigate violence 

RNR Model of Supervision 

• Risk-Needs-Responsivity Model of Supervision (RNR)

  • Seeks to find out what programs work and why 

  • 4 primary principles → effective supervision 

    • Focus resources/supervision on high-risk clients

    • Ensure treatment program addresses problems/needs faced by offender population

    • Make referrals to treatment programs as necessary

      • LEO mentality alone is ineffective

      • Require the development of a range of programs for various levels of offenders (responsivity)

    • Make sure programs operate according to proven principles (fidelity)

Federal vs State Prisons 

• State Prisons

  • Typically operated by the executive branch

    • Contrast with the sentencing and probation/parole functions carried out by the judiciary

  • Immense variation in the types of rehabilitative programming offerings

    • Tend to have fewer offerings than feds

    • Tend to have more violence than feds

  • Populations tend to be far more varied 

• On the federal side

  • Bureau of Prisons 

    • Organized under Dept of Justice

    • 6 regions

    • > 100 agencies of varying levels of security

    • Incarcerate ~210,000 prisoners

  • Incarcerates only federal criminals

    • Most common 

      • Drug offenders

      • Weapons offenders

    • Crimes committed on federal property

    • Large-scale frauds

Common Cycle of Returning Offenders 

• Predictable Cycle of Return

  • At the time of release

    • Excitement, energetic, hopeful, some anxiety

  • During the initial stages of supervision

    • Confusion, anomie, minor frustration, willingness to comply 

  • Within 6 months - 1 year

    • Major frustration, anger, cynicism, apathy, detachment, move towards noncompliance

Rapport and Its Importance 

• The Importance of Rapport

  • Like all other correctional agencies, PO’s authority is limited 

    • Must rely on trust and compliance from offenders to complete the job 

      • To develop this relationship, time must pass, and rapport must be developed

  • Initially, PO will be concerned about the enforcement of rules

    • Gradually, knowledge of the offender and needs → more rehab-oriented approach 

• Without Rapport

  • If the relationship does not develop, strain does

    • Successful completion becomes difficult

    • Recent research suggests that PO’s attitude toward offender/work is the main determinant of whether the offender will complete supervision successfully

  • Some discretionary power

    • Increasingly limited as liability concerns arise

Challenges of Re-Entry 

• Re-entry is a very difficult process

  • Link offender to services to help transition 

  • Motivate offender to overcome negative emotions rather than succumb to old temptations

• Supervision is necessary to monitor behaviour

  • Crime-prone individuals need to be monitored to protect public safety

2 Step Process for Revocation 

• Procedural Revocation Requirements

  • SCOTUS requires a 2-part procedure

    • Prelim before parole board to determine probable cause- due process attaches

    • Determination by the parole board if the offense warrants return to the Institution

Actuarial vs. Clinical Judgment  

• Actuarial vs Clinical Judgement

  • Problems are too complex to address

  • Resources are too limited

  • Political interference limits effectiveness

  • Most effective practices are unknown 

  • In short, need both 

Supervision Case Plans 

Identification, Importance, Development, and External Constraints in

• Supervision case plans 

  • Supervision is organized around the supervision case plan

    • Some argue this is of limited value

    • Cannot be a fixed and unchanging plan

      • Must adapt to the needs of supervision

      • Failure to change → bureaucratic exercise 

• External Constraints

  • Resources 

    • What money is available

    • What programs are available 

  • Politics 

    • Policies

    • Who’s in office

    • Who wants to be in the office 

  • Public opinion 

    • What is the local attitude on crime control

    • What is the judicial opinion on crime control

Alternatives to Traditional Parole 

• Residential Programs

  • Address identifiable need via provision of stable residence/structure environment

• Facilitates rehab approach

  • Employment

  • Structure

  • Reinforcement of pro-social values

  • Gradual increase responsibilities/permitted activities 

Common Barriers to Completion of Parole 

• Additional Obstavles

  • Criminal Record

    • Community stigma

    • New limitations and legal prohibitions

  • Absence from the community

  • Readjustment to life that is not 100% controlled and routinized

Keys to Overcoming Common Barriers 

• Option 1: Overcome negative emotions

  • Accept the new status and the challenges that accompany 

  • Adopt law-abiding social norms

  • Engaging in long-term behavior change 

• Option 2: Fail to overcome negative emotions

  • Return to old friends, old habits, criminal lifestyle

  • Likely to → Revocation

Court Waiver to Adult Court  

• Waiver to adult court

  • Even if convicted, only ¼ are incarcerated

  • Issues

    • Often disproportionately applied

      • Bias toward minorities 

    • Inappropriate/politically-driven waivers 

  • If conviction/incarceration occurs, there is a high chance of victimization

School to Prison Pipeline

The school-to-prison pipeline is a national trend where children are funneled out of public schools and into the juvenile and criminal legal systems. This process is driven by policies and practices that prioritize punitive measures over supportive educational and counseling services, disproportionately affecting students of color, students with disabilities, and those from disadvantaged backgrounds. 

Parens Patriae

In re Gault 

In re Gault established that juvenile courts could no longer use the doctrine of parens patriae (state as parent) to deny juveniles constitutional due process rights. The Supreme Court ruled that juveniles facing delinquency proceedings are entitled to rights such as notice of charges, the right to counsel, the right to cross-examine witnesses, and the privilege against self-incrimination, similar to adult criminal defendants. Prior to Gault, the informal and paternalistic approach of the juvenile justice system, justified by parens patriae, often led to a lack of these fundamental protections. 

Role Graduated Sanctions and Rewards (Carrot and Stick Approach)

Graduated sanctions and rewards, also known as the "carrot and stick" approach, is a behavioral modification strategy used in the criminal justice system (particularly probation and parole) that uses a structured, clear continuum of consequences and incentives to encourage compliance and rehabilitation among offenders.

Pros/Cons of Intermediate Sanctions

Pros

• Cost-effective: They are generally less expensive than incarceration, potentially saving significant public funds.

• Reduces prison overcrowding: By diverting offenders from prisons, they help alleviate overcrowding in correctional facilities.

• Allows for community integration: Offenders can remain in their communities, which can help with rehabilitation and maintaining ties to family and work.

• Tailored punishments: They allow for more individualized sanctions that can be matched to the severity of the offense and the offender's needs, such as mandated treatment or counseling. 

Cons

• Risk to public safety: Since offenders are supervised in the community, there is an increased public safety risk compared to secure prison environments.

• Mixed effectiveness: There is limited evidence that they are more effective than other sentencing options at reducing recidivism (reoffending).

• Public perception: They can be viewed as "soft on crime" by the public and some policymakers, which can reduce political support and funding.

• Implementation challenges: Their success can be undermined by improper placement of offenders, insufficient resources, and biased application.

• Expanded supervision: There is a risk of unintentionally expanding the number of people under correctional supervision, as they can be used to intensify supervision on those who might have otherwise received standard probation. 

“Nothing Works” and Its Repercussions for Program Operations

The "Nothing Works" doctrine, popularized in the 1970s by Robert Martinson's review of correctional programs, asserted that rehabilitative efforts generally fail to reduce recidivism. This pessimistic conclusion had profound and largely negative repercussions for program operations in the criminal justice system and beyond, leading to a shift towards more punitive approaches and a reduction in funding for social programs

Correctional Continuum 

The Correctional Continuum is a model that organizes correctional sanctions from least to most restrictive, spanning from community-based options like probation to institutional corrections like prisons. It is a range of punishments and supervision that includes intermediate sanctions, such as halfway houses and intensive probation, which bridge the gap between the two extremes. 

Language Differences in Juvenile 

Language differences can be both a risk factor for and a result of juvenile delinquency, with youth in the justice system showing significantly higher rates of language impairments compared to the general population. These difficulties include poor grammar, limited vocabulary, and trouble with communication, which can lead to being misunderstood and can impact a young person's ability to navigate the legal system

Intermediate Sanction Types—Pros/Cons and Effectiveness 

Pretrial Diversion

Pros:

• Reduces recidivism and costs.

• Addresses root causes through treatment and support.

• Confidential process avoids public stigma.
  Cons:

• Requires guilt admission.

• May include offenders suited for probation (“net widening”).

• Limited accessibility.
  Effectiveness: Highly effective when well-targeted and implemented.

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Fines

Pros:

• Low-cost and efficient.

• Can deter offenders with financial means.

• Generates public revenue.
  Cons:

• Disproportionately affects low-income offenders.

• Ineffective for those unable to pay.

• Perceived unfairness for wealthy offenders.
  Effectiveness: Improved with “day fines” scaled to income and offense.

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Forfeiture

Pros:

• Removes profits and tools of crime.

• Deters organized and financial crimes.
  Cons:

• Risk of abuse and due process violations.

• May harm innocent co-owners.
  Effectiveness: Mixed evidence; strong deterrent in specific cases.

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Community Service

Pros:

• Promotes reparation, rehabilitation, and responsibility.

• Cost-effective alternative to incarceration.
  Cons:

• Noncompliance risk.

• Limited U.S. research on impact.
  Effectiveness: Can reduce recidivism when well-monitored.

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Location Monitoring

Pros:

• Provides security and supervision at low cost.

• Allows employment and family stability.
  Cons:

• Privacy concerns.

• Possible technical failures.
  Effectiveness: Reduces recidivism when paired with treatment or supervision.

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Day Reporting Centers

Pros:

• Offers structure, treatment, and education.

• Can lower recidivism.
  Cons:

• Resource and staffing demands.

• Risk of noncompliance.
  Effectiveness: Effective when well-funded and managed.

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Boot Camps

Pros:

• Promotes discipline and eases overcrowding.
  Cons:

• High recidivism; limited long-term benefits.

• Fails to address root behavioral issues.
  Effectiveness: Generally ineffective long-term.

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Treatment / Problem-Solving Courts

Pros:

• Targets root causes like addiction and mental illness.

• Lowers recidivism and saves costs.
  Cons:

• Resource-intensive and selective eligibility.

• Requires strong participant commitment.
  Effectiveness: Among the most effective sanctions for rehabilitation and public safety.

PSI-Purpose, Parts, Effectiveness  

PSI stands for the Pre-Sentence Investigation (also referred to as the Presentence Investigation Report or PSIR). 

The effectiveness of the PSI in achieving its purpose depends on the accurate and objective preparation of its various components, which include:

• Defendant's Background: Details on family, education, employment, physical/mental health, and substance abuse history help judges understand the defendant as an individual and identify potential avenues for rehabilitation (e.g., mandatory drug treatment for an offender with substance abuse issues).

• Offense Details: A thorough account of the crime ensures the judge understands the severity and circumstances of the offense.

• Victim Impact Statement: This section gives a voice to victims, allowing judges to consider the emotional, physical, and financial impact of the crime when determining a just sentence and ordering restitution.

• Criminal History and Risk Assessment: Information on prior offenses and an evaluation of the defendant's risk of reoffending (recidivism) help judges determine the appropriate level of supervision or the need for incarceration to protect the community.

• Probation Officer Recommendations: The probation officer's recommendations for sentencing options (e.g., probation, community service, rehabilitation programs, or incarceration) and specific conditions are highly influential, with judges relying heavily on these reports. 

Effectiveness in the Criminal Justice System

• Informed Sentencing: The PSI is a cornerstone of the sentencing process, with studies showing approximately 75% of judges rely on it for their decisions. It helps ensure sentences are tailored to individual circumstances, promoting fairness and individualized justice.

• Rehabilitation and Reintegration: By identifying specific needs (e.g., substance abuse, lack of education), the PSI guides the implementation of effective treatment and skill-building programs, aiding the offender's reintegration into society and reducing the likelihood of future crimes.

• Post-Sentencing Decisions: The PSI is vital for correctional officials in determining inmate classification, security levels, and eligibility for programs or early release (e.g., halfway houses). 

Effectiveness of Parole Supervision

Parole supervision is effective at reducing recidivism, with parolees showing lower rates of re-conviction and re-imprisonment compared to those released without supervision.

Funding Ratio of Institutional to Community/Intermediate Sanctions 

Across the United States, the funding ratio overwhelmingly favors institutional corrections (prisons and jails) over community/intermediate sanctions (probation, parole, house arrest, etc.), despite the majority of offenders being under community supervision. 

Types of Programs Offered in Prison 

Prisons offer programs in several categories, including educational, vocational, and therapeutic services. Educational programs include adult basic education and GED preparation, while vocational programs teach job skills like welding or carpentry. Therapeutic programs help with mental health issues and substance abuse, and many facilities also have reentry programs to help with the transition back to society.