Psych 401 Final UW Madison

custodial model

prisoners are incarcerated for incapacitation, deterrence, and retribution

rehabilitation model

stresses individual treatment

reintregration model

correctional institutions are training ground for the inmate to prepare for existence in the community

federal prison offenses

51% drug offenses

state prison offenses

54% violent offenses

why do we punish?

resolve conflict, maintain values/social borders, get people to stop doing things, make ourselves feel better, hold people accountable, protect society, rehabilitate/treat the offender

individually oriented punishment philosophies

(past tense orientation)

retribution

revenge

society-wide oriented punishment philosophies

(present tense orientation)

control/order maintenance

recividism rates

For the 2004 cohort of young men released from prison, 75 per cent of 18 to 20 year-olds had re-offended within two years.

overuse of incarceration problems

-expensive

-biased/ discriminatory

-unconstitutational conditions of confinement

-overcrowding logistics

-aggravates the crime problem

what happens when inmates misbehave?

-transfer from one prison to another that is extremely restrictive

-little human contact

-prison staff: countertransference reaction to violent & other untoward behaviors

-looping

definition of jails

-Operated by county and city governments

-Hold mostly inmates from the local community

-House those who are awaiting trial or have recently been arrested, in addition to convicts

-Generally hold inmates who have been found guilty of minor crimes and are serving sentences of less than a year

-Due to smaller budgets, tend to focus only on the necessities of safety, food, and clothing

definition of prisons

-Operated by the federal and state governments

-Hold inmates who may have lived quite far away before being arrested

-House only those who have been convicted of a crime

-Generally hold inmates who have been found guilty of serious crimes and received sentences of longer than one year

-Often offer a wide variety of rehabilitation and educational programs for long-term prisoners

supermax prisons

-prisons reserved for the worst of the worst

-controlled environment

-relatively rare

maximum-security prisons

-violent and repeat offenders

-conduct disorders

-has fortresses, watchtowers, and armed guards

medium-security prisons

-house less dangerous inmates than maximum security

-less restrictive sescurity than maximum security, usually fences instead of walls

-provides rehabilitative programming

minimum-security prisons

designed for inmates who are a low-security risk, such as non-violent and first-time offenders

-gives inmates more freedom to move about the facility

-similar to college campuses

Estelle v Gamble (1976)

inmates have right to receive adequate treatment for physical and psychological disorders

decarceration

corrections attempt at cutting costs through reduction of inmate populations

methods of decarceration

-decreasing probability that nonviolent offenders will be sentenced to prison

-increasing the rate of release of nonviolent offenders

-decreasing the rate of imprisonment for probation and parole violators

probation

-court administered program, in lieu of incarceration

-behavioral contact, could result in probation being revoked and a prison/jail sentence imposed

supervision and monitoring methodology of probation

-regular

-intensive

-electronic

-home detention

-halfway house confinement

parole

-post prison release mechanism

-generally administered by the executive branch

-behavior contract, could result in parole being revoked and being returned to prison

supervision and monitoring methodology of parole

-regular

-intensive

-electronic

-home detention

-halfway house confinement

parole release decisions are affected by

-institutional behavior

-crime severity

-criminal history

-length of incarceration, usually not eligible until 1/3 of the maximum sentence has been served

-mental state/mental illness concerns

-victim input

-reintegration factors, such as place to live, family situation, employment opportunities

future of incarceration

-build more prisons/continue mass incarceration

-tear down the prisons that exist

-no more building of prisons

prison collateral consequences

-attenuated community acceptance/social stigmization

-political alienation

-de-stabilization of the family and impaired development of children

-diminshed mental and physical health

-homelesness

reentry challenges

-civic restrictions

-insurance restrictions

-educational restrictions

-occupational license restrictions

-bonding restrictions

-governemnt employments restrictions

-public housing restrictions

-limited access to adequeate health care

-family stabilization issues

four foundations of criminal justice

-incapacitation

-rehabilitation

-deterrence

-retribution

incapacition

preventing the person from being able to commit crime

Rehabilitation

enabling the re-integration into a crime free lifestyle

retribution

-principle of proportionality, the level of punishment should fit the seriousness of the crime

-mens rea considerations, the level of punishment should fit the criminal intent of the offender

-the desire to harm in response to percieved moral violation

moral reasoning is influenced by:

-disgust

-otherness

-outrage or anger

-perceived threat

-other issues

four assumptions around mass shootings

-mental illness causes gun violence

-psychiatric diagnosis can predict gun crime before it happens

-US mass shootings teach us to fear mentally ill longer

-due to complex psychiatric histories of mass shooters, gun control won't prevent another mass shooting

weak correlation between gun violence against others and mental illness

-the vast majority of violent acts (96%) are not attributable to mental illness

-more likely to be victims than perpetrators

-stronger correlation between suicide and mental illness

public perception fun facts

60 of US public believes that people with schizophrenia are likely or very likely to act violently

reality 12% of people with schizophrenia display sign of minor or serious violent behavior

gun violence in america

-on average, 32 americans are murdered with guns every day and 140 are treated for a gun assault in an emergency room

-the US. firearm homicide rate is 20x higher than the combined rates of 22 countries that are our peers in wealth and population

-1/3 in US. know someone who has been shot

District of Columbia v. Heller (2008)

-first SCOTUS ruling that 2A pertained to an individual right to have a gun for self-protection

-prior rulings said that 2A pertained to the State's right to raise and arm a militia

The Dickey Amendment

-1996 addition to the federal budget bill

-effectively banned research into gun crime in the US

Kansas City Gun Experiment

(1992-1993)

-Police seized every illegal gun found in traffic stops, plain sight, arrests, etc. (found 1 gun for every 28 traffic stops) over a 29 week time frame

-Matched to a nearby district with business as usual

-gun crime dropped 49%

-homicides dropped 67%

-no change in the matched "control" district

National Instant Criminal Background Check System (NICS)

goal was to systemically identify and register excluded individuals in advance, enter their names into an easily accessed computerized database that could be accessed by firearms retailers, and thus prevent disqualified people from purchasing guns

effectiveness of regulations

-studies indicate no change in overall homicide and suicide rates with firearms after the enactment of the NICS

-no evidence to suggest that people covered by this law are actually at higher risk than other groups with mental illness

-40% of fire sales come from private owners, 1998-2010 over 5000 people were denied gun purchases because of their mental health histories

support for the death penalty

-retribution

punishment should fit the crime so crimes that result in death of a victim should subject the offender to death

support for the death penalty

-deterrence

the death penalty will deter others from committing heinous crimes (false)

capital punishment stats

-US is one of the few countries with penalty

-31 states, federal government, military authorize use of death penalty

-4 states responsible for 59% of all US executions since 1976

-Texas accounts for more than 37%

-capital crimes include treason, espionage, murdering a government official, using WMD

capital punishment methods

-lethal injection, gas, electrocution, gas chamber

-from 2000-2016 759 people were executed via capital punishment in the US

Gregg v Georgia (1976)

-guided discretion, bifurcated proceedings

-SCOTUS upholds Georgia's new capital punishment law

-1976 Oklahoma adopts lethal injection becasue it is cheaper

Lockett v Ohio (1978)

juror consideration of aggravating and mitigating factors

Atkins v Virginia (2002)

-eliminated death sentence for execution of mentally retarded prisoners

-SCOTUS ruled that persons with intellectual disabilites cannot be executed

-the States are allowed to define "intellectual disabilities"

Ring v Arizona (2002)

only jury can make decisions regarding capital punishment

Roper v Simmons (2005)

-prohibits execution of juveniles

-Chris Simmons is 17 when he and some other teens break into a house to steal stuff

-Over several hours, Simmons gags the homeowner puts her in the trunk of the car and eventually drops her off a bridge into a river where she drowns

-Court ruled that juveniles have a diminished culpability due to immaturity and DP for juveniles is cruel and unusual punishment (8thAmendment).

Tropp v. Dulles (1958)

-followed several rulings in which the definiton of cruel and unusual punishment was explored

-ruled that cruel and unusual must draw its meaning from the evolving standards of decency that mark the progress of a maturing society

Furman v Georgia (1972)

SCOTUS ruled Death Penalty was cruel and unusual (8A), and violated the equal protection clause of 14A as it was carried out because African Americans were disproportionately executed

-each of 9 justices wrote a separate opinion

-backlash by Death Penalty advocates

Thompson v Oklahoma (1987)

-SCOTUS rules that it is cruel and unusual punishment to execute a person for a crime committed before they were 16

-concurring opinions left some room for states to specify a minimum age younger than 16

victim impact statements (VISs)

statement made during penalty stage by victims surviving family and friends that explain impact of loss

Payne v Tennesse (1991)

Jury is able to use evidence that shows the turmoil of families and “victim impact” which used to be illegal

-controversy: unfair juror bias toward harsher punishment; difference in perceived victim quality

Execution impact statements (EISs)

statements used to explain severe negative impact on defendant family

McClesky v Kemp (1987)

-some unfairness is tolerable and inevitable because discretion is inescapable in capital sentencing

-to overturn death sentence because of racial bias, evidence must prove that jurors acted with discriminatory purpose

-critics suggest that legal standard for death penalty higher than what is needed for discrimination in housing or employment

women and the death penalty

-actual exections of women are rare

-first execution of a woman was in 1632

-there are only 568 documented executions of women, making up 2.8% of total executions since 1608

-as of 12/31/07 there were 51 women on death row

errors and mistakes in death penalty cases

-68% of death sentences reversed due to errors at trail

-at retrail, 82% given lesser punishment

-7% found not guilty

-caused by police error, witness error, prosecutorial error

death penalty in US

-typically capital crimes included rape, some thefts, homosexual acts, treason, murder

-other forms of public torture were also available

-never really sat well with American colonies because it was seen as a remnant of colonial rule

electricity and the death penalty

-1888 New York develops the first electric chair

-rapidly adopted as quick, effective, and humane

other forms of execution

-1924 first use of cyanide Nevada

-originally planned to just secretly pump poison gas into his cell while he slept (didn't work)

-1930 Eva Dugan's head is ripped off during her hanging in Arizona

-executions in general dropped until they were almost eliminated in 1970's

Tropp v Dulles (1958)

-followed several rulings in which the definition of "cruel and unusual punishment" was explored

Furman v Georgia (1972)

-SCOTUS ruled DP was cruel and unusual (8A) violated the equal protection clause of the 14A as it was carried out because African Americans were disproportionately executed

-by 1975 30 reinstated the DP with new laws that were supposed to be unbiased

Greg v Georgia (1976)

-SCOTUS upholds Georgia's new capital punishment law

-1976 Oklahoma adopts lethal injection because it is cheaper

International Covenant on Civil and Politcal Rights

-includes a section on the right to physcial integrity and life

-does not quite ban the death penalty

-a sub-protocol bans capitol punishment

-widely cited as the foundation for nations that ban captiol punishment

-incorporated into several national consitutions

types of imprisonment

jails

short-term local facility

types of imprisonment

prison

long-term state facility

types of imprisonment

federal prison

breaking federal law

types of imprisonment

supermax

serious violent criminals

goals of imprisonment

-incapacititation through containment

-deterrence to prevent further crimes

-retribution to punish and cause suffering

-rehabilitation to improve or transform during imprisonment

people in prison per 100,000

-707/100,000 United States

-284/100,000

Iran

-118/100,000 Canada -78/100,000 Germany

Cooper v Pate (1964)

religious rights for prisoners

Procunier v Martinez (1974)

right to mail, access to law students/ paralegals

most effective rehabilitative program attempts

-correct educational and job skill deficits

-change attitudes and thinking patterns that promote criminal behavior

-improve self-awareness and self-esteem

-enhance interpersonal relationship skills

-reduce drug abuse

-reduce contact with criminal peers

cognitive-behavior therapy (CBT)

reduces recidivism

supermax prison definition

A Supermax facility (or control unit facility) is a facility that holds prisoners in their personal cells 22-23 hours per day, under constant surveillance, generally only allowing them out for medical attention, visitations that are extremely rare and non-contact.

disciplinary/punitive segregation

punishment for violating prison rules

administrative segregation

based on gang affiliation, political beliefs, original crime, or other classifications

involuntary protective custody

protection for vulnderable people in prison

solitary confinement

-research since the 1970s shows that solitary confinement alters neural and therefore psychological states

-prisoners in solitary develop psychopathologies at much higher rates than those in the general population

-prisoners exhibited decreased EEG activity after just one week in solitary

effects of supermax prisons

-psychologically damaging effects of isolation, often amplified if preexisting mental illness present

-majority of these prisoners released into society

-refroms to reduce destructive effects largely not followed

symptoms of special housing unit (SHU syndrome)

-social withdrawal

-panic attacks

-irrational rage

-loss of impulse control

-paranoia

-hypersensitivity to external stimuli

-severe and chronic depression

-difficultied with concentration and memory

-perceptual distortions and illusions

crimes and LWOP

-many are sentenced for felony murder, which does not require the person to have killed anyone

-1/3 of people given LWOP for non-homicide offenses, including possession of marijuana

Graham v Flordia (2010)

limited LWOP to homicide cases only for people under age 18 (proportionality)

Miller v Alabama (2012)

banned use of mandatory life without parole

-Miller and a friend attempted to rob an unconscious friend of his wallet

-Friend wakes up and Miller's accomplice hits him with a baseball bat

-Miller takes the bat and beats the friend to death

-Miller was 14 at the time. Mandatory LWOP sentence

-Ruling was the Juvenile LWOP cannot be mandatory

Montgomery v Louisiana (2016)

held Miller v Alabama applies retroactively, states need to remedy laws, need to review old cases in light of Miller v Alabama

pros for LWOP

-protection of the public, can't trust parole boards to assess risk with some offenders

-retributive punishment, the person deserves LWOP because of their behavior

-deterrence/ incapacitation

cons of LWOP

-international standards: it is considered a crime against humanity, especially when applied to children

-expensive

parole boards

-most states have no required qualifications for serving on a parole board

-prisoners have rights to a parole hearing

-parole boards can deny parole for any reason, or no reason

-often parole is denied becasue the barod want the person to stay in prison

-parole is almost never granted at the first opportunity

life sentences

-about half of all prisoners over 50 are ineligible for parole

-wsiconsin has over 1000 prisoners over 60

adjudicaton-arrest

-police are required to have "probable cause" to intervene in your life in any way, and to make an arrest

probable cause

-reason to believe that a crime has been committed and that you had something to do with it or you have evidence related to it, including knowledge

-ex: Can be that you are in a high crime area, bear some resemblance to a suspect, etc -Mistakes at this level are tolerated

Brady v Maryland (1963)

-John Brady and Donald Boblit murdered an acquaintance, both were convicted of murder and given the death penalty

-Brady admitted involvement but claimed that Boblit did the killing

-Prosecution withheld a written statement from Boblit saying that he had done the killing by himself

-SCOTUS ruled that exculpatory evidence could not be withheld, "where the evidence is material either to guilt or to punishment." -Reinforced the standard that the prosecution has an obligation to insure a fair trial

self-deceptive enhancement

the characteristic of convincing yourself that you are more virtuous, skilled, etc, than is supported by the facts

prosecutorial misconduct

unknown prevalence but assumed infrequent

-misrepesenting the opinion of an expert is ok

-talking about real but excluded evidence is not ok

-no independent review

sovereign power

is the full right and power of a governing body over itself, without any interference from outside sources or bodies.

police power

-government's authority to act in maintaining public safety and order

parens pariae

-the state has a duty to protect citizens from bad things in the way that a parent would protect a child

-requires the person have a mental disturbance and poses a danger to themselves or others in society

-it's about what the person is and what might happen