Dilemmas in Crim (exam 4)

Where does the rationale for punishment and correction come from?

The Social Contract

What are the goals of Corrections?

retribution, reform, incapacitation, deterrence, rehabilitation

What are some problematic issues of punishment?

What we do to punish someone can change from state to state or county to county.

What is Treatment Ethic?

The idea that all criminal acts were symptoms of underlying pathology. We address crime by trying to treat these. (EX: drug or alcohol abuse)

What are the 2 major justifications for punishment and treatment?

Retribution and Prevention

With Retribution, why do we limit the amount of punishment one receives?

the benefit the offender got, the punishment needs to equal it, and make it balance out. The punishment matches the extremity of the crime.

In Retribution, what is the Justice Model?

Punishment is used for restitution (repayment) only.

In Retribution, what is the “Just Deserts” Model?

How much punishment one deserves is based on how likely they will do it again.

What is Prevention?

Finding ways to eliminate criminal behavior.

What are the 3 methods of Prevention?

Deterrence, Incapacitation, and Treatment.

True or False

There has been spikes in crime after a public execution.

True

What is a “Habitual Felon Law”?

Laws that mandate harsher punishment for individuals who convict multiple felonies.

EX: 3 Strikes Law, Will lead to a life sentence after 3rd felony.

True or False

Habitual Felon Laws are typically not in place or utilized.

True

What are examples of Treatment?

Programming like education, job training, religious services, mental health, substance use.

In general things that are supposed to get offenders back on the right track. Typically good outcomes come from the treatments being voluntary.

What does the Utilitarianism Framework support?

deterrence, incapacitation, and treatment

With the Utilitarianism Framework, what happens when treatment and punishment are equal benefits to society?

It outweighs the negative effect of the offender.

If we modify their behavior, we can deter them from committing further crime and hurting society more.

Which view of punishment does the Ethical Formalism Framework support?

Retributive.

Criminals should be punished if they break the law.

Everyone should be punished the same and everyone should be treated the same if they break the law.

Which view of punishment does the Ethical Formalism Framework not support?

Treatment.

Technically uses the offender as a means to protect society.

An argument is made that if you force the offender to participate in drug treatment, you are using that person and the categorical imperative states you cannot use people.

Which view of punishment does the Ethics of Care Framework not support?

Punishment.

unless it is helping to make the offender a better person (supports treatment)

punishment alone is not making someone a better person

In the Ethics of Care Framework, is corrections system supported?

Yes, it does consider offenders needs with programs in place and treatment implimented.

In the Ethics of Care Framework, are community corrections supported?

Yes, it is thinking about needs of offenders.

It is the best way to support an offenders’ relationship with not only family and loved ones, but also the community.

What is the problem with the Rawlsian Ethics Framework?

It is not clear cut and we do not know how to know when things are balanced out.

What is the Rawlsian Ethics Framework?

A loss of rights should take place only when it is consistent with the best interests of the least advantaged.

When there is a shift in advantage the punishment should end, as it is like a rebalance.

When the advantage the offender got from commiting the crime goes down because of the punishment, the punishment is not needed anymore.

What does the 8th Amendment protect from?

Cruel and Unusual Punishment (Furman v. Georgia, 1972)

Why is it hard to determine what violates the 8th Amendment of Cruel and Unusual Punishment?

It is hard to determine what unusual is since it can be open to interpretation.

We have evolving standards of what is decent and what we think is humane.

fluctuates with societies views.

What kind of supervision does a Supermax Prison have?

24-hour isolation.

very little contact with officers and staff

It is like solitary confinement.

might have 1 hour in an outside cell as their break (23 in an inside cell)

What kinds of programs do Supermax Prisons have?

There are no programs in these types of programs.

What are some of the criticisms of Supermax Prisons?

• Conditions are not good at all, as they are meant to house the worst of the worst and the most violent criminals.

• The people that end up sent to these are just troublemakers that are not dangerous, but the correctional officers did not want to have to deal with them.

• They are very detrimental to mental health, as they can increase issues from lack of treatment.

• Correctional Officers also often cover up for each other so this can lead to ethical issues.

What is it like for the correctional officers in Supermax Prisons?

They also show signs of worsening mental health. They also have little alone time as there is not much interaction with the inmates.

How long are the lights on in Supermax Prisons?

24/7

The lights never turn off, so they have to try and sleep with the lights on.

What is a Private Prison?

A for profit prison. It is typically leased to states or run by private organizations.

What are the ethical issues with private prisons?

Organizations buy them to make money off prisons. Because of this organizations get into bidding wars. Bidding wars can lead to the prisons cutting corners to make up for money used in bidding war.

What can cutting corners in private prisons cause?

• lack of repairs. during building use cheaper materials, which causes safety concerns.

• lack of resources

• lack of staffing and training for the staff.

Approximately, what percent of prisoners in the US are in private prisons?

23%

Why does the government argue for private prisons?

it saves money. The private organizations are paying to run it and fix any issues with building.

What percent of Americans support the death penalty?

56%

When does the percent of americans who support the death penalty drop? and what percent does it drop to?

Percentage of Americans supporting drops when they are asked if they prefer the death penalty over life in prison with no chance of parole. Percent drops to 36%

With capital punishment, what is a retentionist?

they believe and support the death penalty

With capital punishment, what is a Abolitionist?

Think we should abolish the death penalty.

True or False

Both Retentionists and Abolitionists can be supported by utilitarianism, ethical formalism, and religious justification.

True

In the State of Georgia, what ethical dilemma is shown for the death penalty?

Black individuals who killed a white individual is 5.3% more likely to be sentenced to death, but not if they killed a black individual.

What was the ruling of Ford v. Wainwright (1986)?

execution of mentally ill is cruel and unusual punishment

What was the ruling of Atkins v. Virginia (2002)?

those with “mental retardation” cannot be executed

What was the ruling of Roper v. Simmons (2005)?

cannot execute juveniles

What was the ruling of Kennedy v. Louisiana (2008)?

Rape does not constitute the death penalty

why can lethan injection be considered cruel and unusual?

studies done say that it is painful

• first drug injected is paralytic, and it has been said the next two drugs mixed are very painful

Does “Ethics of Care” support community corrections?

Yes; all about the needs of individual and maintaining relationships.

Does “Utilitarianism” support community corrections?

Yes; keeps offender engaged in community and the community benefits from the offender being an active member of society.

What is the Code of Ethics for members of the American Correctional Association (ACA)?

Being Honest, Respecting the dignity of individuals, and commit to professional and compassionate service.

Who is the American Jail Association for?

correctional officers who work at jails

The ACA code of ethics provides standards for what?

probation and parole

What are the leading principles of the American Correctional Health Services Association?

Respect for Human Dignity, Beneficence, trustworthiness, autonomy, prevention of harm, and promotion of safe environment.

What are the norms of Correctional Officer subculture?

Always go to the aid of another officer, don’t lug drugs, don’t rat, never make a fellow officer look bad in front of inmates, always support officer in a dispute with an inmate, don’t be a white hat, maintain officer solidarity, and show positive concern for fellow officers.

What is Pluralistic Ignorance?

The prevalent misconception of the popularity of a belief among a group because of the influence of a vocal minority

What are the norms for Probation/Parole Officers?

Cynicism, Lethargy, and Individualism.

What are the 2 goals of Corrections Personnel?

1. Protecting Society

2. Assisting in the reform of the offender

What did the Prison Litigation Reform Act of 1996 do?

Made it difficult for inmates to file lawsuits.

This protected Correctional officers.

What changes were made because of the Rehabilitation Era (1970s)?

Change of title from guard to correctional officer to make it not as punitive sounding.

Courts expanded rights to prisoners including religious beliefs, obtaining medical care, and expanding due process rights.

More of a shift to trying to help instead of just punish.

What was the “Due Deference” Era?

Was a shift from protecting prisoners rights and relying on the expertise form the correctional staff when dealing with security and administration.

There was only a need to prove a rational relationship between the policies and the procedures and the goal of safety and security.

What is Reciprocity?

When COs become indebted to inmates in return for favors. Causes COs to show favoritism and treat inmates differently.

What do personal relationships between COs and Inmates compromise?

Professionalism and Judgement

Why are sexual relationships between COs and Inmates unethical?

it is problematic and can be seen as a form of coercion.

inmates cannot give consent because of the power dynamic

What are some ways COs can abuse Inmates?

Physical or Mental Abuse. Taking away privileges because they do not like them and not as a real punishment.

Describe the Violence-Prone CO.

authoritarian role.

work by the book and take control and very structured

Describe the Timeserver CO.

Come to just give their work time and avoid trouble or unnecessary interactions

Describe the Counselor CO.

they want to help, known as the “human service officer”

they act as a mentor and provide guidance.

While the use of force is legal and sometimes necessary, what are some examples that can make the use of force an ethical issue?

• “tune-ups” : verbal humiliation and yelling profanities; shoving and kicking inmates

• Tucker Phone: electronic device connected to private parts and providing a shock.

What is subculture role in use of force?

sometimes tolerates the victimization with use of force.

unless there is a serious injury the punishment is not cruel and unusual.

What are the 3 characteristics of a good CO?

Consistency, Fairness, and Flexibility

What are some issues that jail officers deal with that COs might not?

• Population fluctuations and constant turnover

• Mental Illness, Homelessness, coming off drug or alcohol, family issues, overdoses, higher rates of suicidal tendencies

• frequent visitations

• not trained well enough for issues

What are the dual goals for treatment staff?

treating individuals and duty as government employee to maintain safety and security.

For treatment staff, why are there more risks?

They are dealing with a more unpredictable population and cannot approach the same as other populations.

What is an ethical issue with experimental treatment programs?

Deciding which inmates get to be part of these programs.

When dealing with the use of Antipsychotic Drugs what did Washington v. Harper (1990) rule?

giving drugs to unwilling inmate is not a violation of the constitution and if they are prescribed a drug as part of mental health care we can force them to take it.

What is an example of a medical service that had issues and what court case was involved with this?

The shackling of pregnant prisoners while in labor.

The case Nelson v. Norris (2008) deemed this practice as cruel and unusual.

What is the Tarasoff Rule?

3rd parties must be notified if there is a risk of harm and needs to be aware.

Describe the Punitive Law Enforcer POs

enforce every rule by the book. Any violation is written up

Describe the Welfare/Therapeutic Worker POs

role of counselor. want to do what is best for client and their rehabilitation

Describe the Passive Time Server POs

bare minimum and will not do more than what is necessary

What are some recidivism stats?

• Men more likely than women

• Blacks more likely than whites

• younger more likely than older

• higher rates of car theft and stolen property

What can burnout cause and why is there burnout?

Burnout occurs because of the stress of the job and can happen quickly.

Stress often bleeds into personal life.

can lead to abuse of power, excessive force, and development of more personal relationships.

these jobs have higher turnover rates

What are ethical dilemmas with caseload supervision?

POs often handle cases on their own with little supervision from supervisors.

This can effect discretion since it is all up to the PO.

can cause more personal relationships or even getting gratuities.

What is the confidentiality for psychologists

they have very limited confidentiality, or none if they were appointed by the court.

What are the categories for the major types of corruption?

• theft

• trafficking

• embezzlement

• misuse of authority

What is Acts of Misfeasance?

illegitimate act done for personal gain

What is Acts of Malfeasance?

acts that violate authority

What is Acts of momfeasance?

acts of omission

What are the 3 types of prison abuse?

1. malicious or purposeful abuse

2. negligent abuse

3. systematic or budgetary abuse

What are some examples of misconduct or corruption for COs?

not giving inmate good food or proper nutrition, putting misbehaving inmate in seclusion with known rapists, rape, etc.

What are some examples of malicious or purposeful abuse?

physical/excessive force, rape/sexual assault, not giving medical care when inmate is in need, excesses strip searches

What are some examples of negligent abuse?

failure to protect, loss of property, lack of responsiveness

What are some examples of systematic or budgetary abuse?

policies that are problematic, overcrowding, inadequate medical care, elimination of programming

What is the Prison Rape Elimination Act (2003)?

collects info on statistics of sexual assault and rape among the prison population.

In women’s prisons, how were they housed?

during mid-1800s housed with men.

In women’s prisons, who were the guards?

in the mid-1970s it went from only female COs to both male and female COs.

In women’s prisons, what were the issues regarding how females were housed?

women sexually assaulted at alarming rates. nothing in place to protect them and they were targeted.

What are examples of treatment professionals’ misconduct?

• smuggle contraband

• coerce and engage in sexual acts

• not providing services (most common)

What are examples of corruption in community corrections?

• “parole consultants”

  • people who used to sit on parole board and serve as consultant for inmates going up for parole to help them get it.

• boards operate in secrecy and swiftly

• probationers give money to get out of community service

• probationers give bribes to avoid mandatory drug tests.

In women’s prisons, what were the issues regarding guards?

higher rates of accusations, higher rates of sexual relationships, forcible rape

what is subcultures role regarding rape within prisons?

even if inmate reports it, nobody believes it and do not support the inmate.

look the other way, it is not your business.