Probation v Parole
Probation: Court-ordered period of correctional supervision in the community, generally as an alternative to incarceration Parole: conditional release of an inmate from incarceration, under supervision, after part or all of the prison sentence has been served.
Panopticon
A central observation tower placed within a circle of prison cells
Hedonism
People seek pleasure and avoid pain
Social Contract
Social contract theory says that people live together in society in accordance with an agreement that establishes moral and political rules of behavior
Utilitarianism
All actions are calculated in accordance with their likelihood of bringing happiness or unhappiness
therefore, penalties should be set just a bit in excess of the pleasure one might derive from committing a crime
False Consciousness
Karl Marx
A way of thinking that prevents a person from perceiving the true nature of their social or economic situation
Racial Resentment
Kinder and sanders
If blacks would only try harder they could be as well of as whites; most blacks who receive welfare could get along without it
Racial Resentment- Research Findings
Experimental study finds that participants are more likely to allocate welfare funds to whites with “excellent work history” compared to blacks with the same whites who score higher on racial resentment are more punitive, after controlling for religiosity, political conservatism, and education
Retribution
Punishment inflicted on someone as vengeance for a wrong or criminal act.
Mandatory v. Discretionary Release
Discretionary: released at the discretion of the parole board within the boundaries set by the sentence and penal law.
Mandatory: release is required after completion of the determinate sentence.
Rehabilitation
The idea that the purpose of punishment is to apply treatment and training to the offender so that he is made capable of returning to society and functioning as a law-abiding member of the community.
Incapacitation
The act of making an individual “incapable” of committing a crime—historically by execution or banishment, and in more modern times by execution or lengthy periods of incarceration.
Indeterminate vs Determinate Sentence
Indeterminate sentencing- a range of years of prisoners might serve, highly tailored to individual
Determinate sentencing-
a jail or prison sentence that has a definite length and can't be reviewed or changed by a parole board or any other agency
Implicit Bias
Automatic, subconscious associations, theoretically contribute to disparities in sentencing, but hard to test
Parens Patriae
Court acting as parent for the child, informality, individualization and intervention
Culpability and Competence
Culpability- Are adolescents as legally responsible as adults for their criminal behavior?
Competence- Do adolescents differ in ability to make informed decisions?
Proletariat and Bourgeoisie
Karl Marx
Bourgeoisie- those who control the means of production
Proletariat- those who labor to produce goods
Pre-Frontal Cortex
regulates behavior (the “brake”)
Heuristics
Mental shortcuts used by individuals to simplify problems and make decisions – bayesian learning theory
risk perception
prior
signals
weighting
updating
Parole Revocation
The formal procedure by which the Board may terminate or revoke an offender's release on parole for conduct or omissions which violate the conditions of such offender's parole after his or her release.
Prison Nursery
A section of a prison that houses incarcerated mothers and their very young children
Jury Nullification
Finding a defendant not guilty because they do not support the law, the punishment for the law, or the law being applied to the defendant
American history – prohibition 1920s
1895 - sparf v united states - trail judges has no responsibility to inform the jury of the right to nullify laws
Pre-Sentence Report
A report prepared by a probation officer after you have been convicted of a crime
Plea Bargain
An arrangement between a prosecutor and a defendant whereby the defendant pleads guilty to a lesser charge in the expectation of leniency
Pros and Cons of Plea Bargaining
pros
reduced costs
improved efficiency
concentrate on serious cases
avoids pretrial detention and delays
cons
can infringe on right to trial
sentencing disparities
may coerce innocent to plead guilty
Voir Dire
Prospective jurors are questioned
Peremptory Challenge
eliminating jurors for no particular/undisclosed reasons
Number of challenges are limited
Can't be used to eliminate jurors on the basis of race, ethnicity, or gender
Batson challenge: steps when one party thinks an elimination was requested due to race or other impermissible grounds
The defense are given more challenges which is supposed to tip in favor of the defense
In Maryland defense gets 20 and prosecution gets 10
Challenge for Cause
Reason for excusing juror must be given or approved by judge
Example: Unable to make a fair decision due to biases
Unlimited in number
Shame Punishment
Stigma as a formal cost of punishment
Types of Community Supervision
Pretrial supervision
Probation
Parole
Total Institution
Goffman
“Storage dumps for inmates”
“A place of residence or work where a large number of like-situated individuals is cut off from the wider society for an appreciable period of time, and together lead an enclosed, formally administered round of life.”
Functionalism
Each aspect of society is necessary and works for the stability of the whole; including crime
Social Solidarity
Emphasizes the interdependence between individuals in a society, which allows individuals to feel that they can enhance the lives of others
Recidivism
The tendency of a convicted criminal to reoffend
Collective Conscience
Totality of beliefs and sentiments common to the average citizens of the same society, which forms a determinate system which has its own life
Solitary Confinement
“The confinement of prisoners for 22 hours or more a day without meaningful human contact.” –United Nations
Prolonged confinement is considered more than 15 consecutive days.
Used as both punishment and as protection
Felon Disenfranchisement
To deprive an individual/group the right to vote on the basis of a felony conviction.
Amygdala
processes emotion and motivation
Statistical Discrimination
“Employers use characteristics such as race or gender to draw ‘quick and dirty’ assumptions about group differences in productivity and other attributes, particularly when they lack detailed information about applicants” (Vuolo et al., 2017: 143)
Reintegrative vs Disintegrative Shaming
Reintegrative shaming- Communicates disapproval within a continuum of respect for the offender
Disintegrative shaming- Shaming where the focus is not only on the actual act committed, but on the person as a whole
Racial Inequality in Punishment
Black and Hispanic males tend to be more harshly sentenced for the same crime compared to white males
Deterrence Theory- Types of Deterrence
type of deterrence
general deterrence: to what extent does a punishment deter the unpunished - the general public?
specific deterrence: to what extent does a punishment deter the punished from committing a crime again?
Deterrence Theory- 3 Dimensions of Punishment
certainty: the probability that a crime will be detected and punished
celerity: the swiftness with which punishment follows a crime
severity: the painfulness or unpleasantness of punishment
Prison Deprivations
(Sykes 1958)
Liberty
Autonomy
Heterosexual Relationships
Security
Goods and services
Foucault’s Shifts in Punishment
Foucault described shifts in punishment occurring during the 1700s as coinciding with the age of enlightenment
other purpose of punishment: deterrence
Incarceration and Health Effects
Breeding ground for germs
Lots of stress and related problems
Employment and Reentry
Most likely to receive callbacks
White men with no record
White men with a record
Black men with no record
Black men with a record
Prison Culture- Importation vs Generation
Importation- Suggests that certain beliefs, values, roles, and behaviors are brought into the prison by inmates
Generation- Certain beliefs are generated by the inmates while incarcerated
Stress Process Theory
Primary and Secondary Stressors
Primary stressor- stress from the main event
Ex: being incarcerated, not being able to see family, violence
secondary stressor- collateral stress
Ex: financial challenges
Biological Predisposition vs Determinism
Biological Predisposition- Genetic factors, representing an important influence in a variety of mental disorders such as schizophrenia, depression, and anxiety, may play a role in predisposing certain individuals to criminal behavior
Determinism- philosophy contending that human behavior is caused by biological and psychological factors specific to individuals and/or the structural factors that comprise one's environment
Criminals are born, not made
There has been a shift in biocriminology from \n biological determinism to biological predisposition
The Prison Boom
Between 1926 and 1940, state prison populations across the country increased by 67 percent
Causes:
imprisonment rate gone up since 1990s
probability of arrest (murder, rape decrease) since 2000
prison admissions per arrest of drugs increase in 1996
time served since 2000 became stable
the dramatic increase in prison populations can be directly tied to law and policy changes that are directly tied to the oversized role of race and racism in America.
Auburn vs Pennsylvania Prison Systems
Auburn System
opened in 1819
prisoners worked together but in silence, they were in solitary confinement at all other times
Pennsylvania System
eastern state build 1829
prisoners lived in solitary and in silence; influenced by quaker principles
Prison-asylum Link
It was a revolutionary idea in the beginning of the 19th century that society rather than individuals had the responsibility for criminal activity and had the duty to treat neglected children and rehabilitate alcoholics.
True Grit
Prison program in Nevada
over ~60 and behind bars
senior structured living program
no one released has reoffended
must have proven record of good conduct with other requirements (eg. being clean, participating)
get donations from outside and volunteers
Group Threat Theory
central hypothesis: when/where the size of the relative minority group increases, control efforts of that group should also increase
economic threat
power threat
criminal threat (taylor, 1998; chiricos, 1997)
Recommendations for Job Applications for Criminal Record
Equal Opportunity Commission
Blanket exclusion is not permitted, but employers can use it as evidence as long as they consider (1) the type of crime, (2) the time that has passed, and (3) the nature of the job.
Impression Management
Goffman, 1956
Trying to look and act like other, certain, prisoners
Trends in Death Penalty Methods
Shift from hanging as most dominant method to electrocution in early to mid 1900s, to lethal injection today.
Conditions of Community Supervision
– Standard conditions
Reporting for meetings, Reporting a change of address, not leaving the jurisdiction
– Punitive conditions
Fines, community service, restitution
– Treatment conditions
Dealing with specific needs/problems, such as substance use
War on Drugs
anti war movement and drugs
1967 - LSD made illegal
1971 - drugs are “public enemy number one”
1973 - Nixon creates the DEA
most dangerous man in America - Timothy Leary
Four Orientations to Prison Life (Irwin)
Doing Time
Focused on just getting through sentence. May have no plans of changing.
Gleaning
Try to better themselves.
Jailing
Institutionalized – think of the prison self as the main role and attempt to establish leadership roles.
Disorganized
Those who are less capable of adapting or are “broken” by prison life
Differential Involvement vs Treatment
Blumstein (1982; 1993)
Between 75-80 percent of the black-white disparity in incarceration was due to higher arrest rates among blacks.
% unexplained by arrest was greater for less serious offenses, where judges have more discretion
Tonry and Melewski (2008) - only 61 percent of the racial disparity could be attributed to differences at the arrest stage.
Baumer (2013) - 55% using 2008 data
Self-report studies indicate that black and Hispanic males self-report higher involvement in violence –importantly, involvement in illegal drug use is higher or comparable between blacks and whites
However, black and/or Hispanic males are consistently sentenced more harshly for the same offense than white males (controlling for socioeconomic status, criminal record, etc.)
One of the main challenges: understanding the source of bias and how it operates.
Chivalry Hypothesis
women perceived as less threatening than men
paternalistic desire to protect women
higher perceived social costs bc of childcare responsibilities – Sphoner and Beicher
analysis finds support for chivalry perspectives, finding that in 65% of studies, women were sentenced less harshly than men
studies are showing declines over time in preferential treatment of women
Logic of Twin Studies
Twin Studies
•Fraternal vs. identical twins
• If other twin is a criminal, most studies find that the chances of being a criminal are higher for identical twins
Incarceration as Exposure
Social conditions a “fundamental causes of disease” (Link and Phelan, 1995)
Epidemiological correlates of infectious disease spread
Prisons are “breeding grounds” for microbes
Unhygienic conditions
Poor air circulation
Risky inmate behavior
High rates of disease
Eugenics Movement
Eugenics Movement • Forced sterilizations of criminals, persons with mental illness, and minorities • Over 64,000 people between 1907-1963 • Starting declining in 1940s due to intense scrutiny by some scientists and the actions of Hitler in Germany
Constitutionality of Shame Punishments
Superior courts have ruled that shaming is constitutional as long as the goal is primarily deterrence.
Recommendations for Juvenile Corrections
Interventions should be structured to respond to the developmental needs of adolescents;
Programs should target risk factors for recidivism in individual youths;
Correctional interventions should be in the community (unless the juvenile poses serious threats)
Developmentally responsive risk reduction programs should be an integral part of facility-based dispositions; and
Evidence-based programming should continue during reentry into the community.
Missing Link in Deterrence Theory
The link between conditions in jails and prisons and broader criminal justice reform efforts.
Shift Away from Shame Punishments
popular during colonial times, but began disappearing during 1800s because:
perceived failure to deter crime
may lead offenders to join criminal subcultures (labeling)
attack on human dignity
unseemly and could spread criminogenic thoughts
led to unruly crowds
Jail vs Prison
jails have a younger population on average
jails have more turnover: 55% per week
jails have fewer programs, more idleness
jails have less security and more interaction between incarcerated persons
Safety Hypothesis
technological advances in the quantity and quality of security were responsible for the change in crime patterns because they reduced the number of suitable targets and altered the behaviour patterns of those who might previously have become involved in crime
Effects of Incarceration on Partners and Children
Consequences for partners
– Stress/Strain
– Financial hardship
– Relationship quality
Outcomes for children:
– Delinquency
Especially aggressive/destructive behavior
– Externalizing behaviors
– Placement in foster care
– Obesity
– Mental health
– Academic performance
Labeling Theory
People obtain labels from how others view their tendencies or behaviors.
Discretion (Prosecutors, Jury, and Judicial)
prosecutors resisting harsher punishment regimes – lowering charge severity
juries are more likley to convict when death penalty is not on table
danziger reading: the percentage of favorable rulings drops gradually from ≈65% to nearly zero within each decision session and returns abruptly to ≈65% after a break
judicial rulings can be swayed by extraneous variables that should have no bearing on legal decisions.
Crack epidemic
a surge of crack cocaine use in major cities across the United States, primarily between the mid 1980s and the early 1990s
Incarceration as Protection/Prevention
Healthcare –detection, and treatment
Lifestyle adjustments and constraints
The safety hypothesis
Mortality rates of young black men are lower in prison than outside of prison (Patterson, 2010; Rosen et al., 2008; Wildeman, 2010)
Has only been supported by young, black males
“Young black men are so marginalized that they may be safer as captives than as free men" (Wildeman, 2010: 26).
Secondary Prisonization
Comfort 2008
A process of adaptation to the correctional environment and culture similar to that undergone by people who are incarcerated
Not just indirect contact that matters.
Direct interactions with the prison environment can affect family members
Abolitionist Movement
The prison abolition movement is a network of groups and activists that seek to reduce or eliminate prisons and the prison system, and replace them with systems of rehabilitation that do not place a focus on punishment and government institutionalization.
Defiance Theory
sherman
laws perceived as unjust or too severe may lead to defiance
What Works in Rehabilitation
martinson report
“... with few and isolated exceptions, the rehabilitative efforts that have been reported so far have had no appreciable effect on recidivism”
“our present strategies… cannot overcome, or even appreciably reduce, the powerful tendencies of offenders to continue in criminal behavior
Cognitive Behavioral Theory
a type of psychotherapy in which negative patterns of thought about the self and the world are challenged in order to alter unwanted behavior patterns or treat mood disorders such as depression.
Stress Proliferation Theory
the observation that stress experiences often beget more stress in people's lives, creating a causal chain of stressors that can directly and indirectly be harmful to mental health
Contributing Factors for Wrongful Convictions in Death Penalty
mistaken eyewitness identification
perjury or false accusation
fabricated or false confession
false or misleading forensic evidence
official misconduct
inadequate legal defense
Fair Sentencing Act (2010)
reduced the sentencing disparity between offenses for crack and powder cocaine from 100:1 to 18:1
Anti-Drug Abuse Act (1986)
mandatory minimums for drugs offenses
5 grams of crack or 500grams of cocaine = minimum 5 year of sentence
continuing controversy over drug policies and race
81% of all crack-cocaine users are black, compared to 27% of powder cocaine users
Miller v Alabama
Even if homicide, need possibility of parole for juveniles
1994 Crime Bill
aka (violent crime control and law enforcement act)
provided incentive grants to build and expand prisons in states that enforced mandatory sentencing of 85% of a person’s sentence – “truth in sentencing”
mixed evidence of direct impact on prison boom
Sparf v United States
trial judges has no responsibility to inform the jury of the right to nullify laws
Ban the Box
Civil rights movement aimed at the removal of the criminal record question on job applications.
Also aimed at reducing disparities in hiring –especially racial disparities
23 states and more than 100 cities and counties have adopted a policy
185 million people (57% of Americans) live in a jurisdiction with some sort of Ban the Box policy (National Employment Law Project, 2016)
Traffic Law Reform Act
Ohio law that enforced shame punishments for DUIs; didn't work in general but counties with more enforcement had more results
although on the graph there was a decreased trend, it was already on a downward trajectory and had implementation issues
Furman v Georgia
(1972) struck down all state laws allowing the death penalty stating that they allowed for too much discretion on the part of the judge and jury resulting in a lack of consistent administration of the penalty. Death penalty constituted cruel and unusual punishment.
Graham v Florida
Cannot be sentenced to life without parole except in cases of homicide
Emile Durkeim
french sociologist and philosopher, passionate about moral reform
wanted sociology to be accepted as legitimate science
practice functionalism
did studies on suicide (said social factors were in play in addition to mental)
principles of collective conscience, social solidarity
believed punishment served the purpose of retribution
Michel Foucault
described shifts in punishment occurring during 1700s as coinciding with the age of enlightenment
power and the labor market
bodies are profitable
must preserve the bodies of the working class, torture seen as no longer profitable
wrote Discipline and Punish: The Birth of the Prison
Cesare Beccaria
Father of deterrence theory
laid foundation for current American system
wrote on Crimes and Punishment
Design for enlightened criminal justice system that serves the people rather than the monarchy
rationalism and hedonism
Some principles:
punishment should be based on the pleasure/pain principle
punishment should be based on the act, not the actor treated people differently based on their status/wealth
punishment should be swift, prompt, and effective
all people should be treated equally
it is better to prevent crimes than punish them
Jeremy Bentham
founder of modern utilitarianism
wrote Introduction to Principles of Morals and Legislation
came up with the Panopticon prison model
Utilitarianism
all actions are calculated in accordance with their likelihood of bringing happiness or unhappiness
therefore, penalties should be set just a bit in excess of the pleasure one might derive from committing a crime (deterrence)
Robert Martinson
wrote the 1974 Martinson Report (“Nothing works report”
the rehabilitative efforts that have been reported so far have had no appreciable effect on recidivism
our present strategies cannot overcome or reduce the powerful tendencies of offenders to continue in criminal behavior
Karl Marx
german philosopher
key ideas
proletariat and bourgeoisie
means of production
false consciousness
Richard Nixon
Called timothy leary (advocate of psychedelics) the most dangerous man in America
drugs are public enemy number one
nixon started the war on drugs
created the DEA