Study Notes on Corrections in the American Criminal Justice System

Chapter 13: Corrections in the American System of Criminal Justice

Learning Objectives

  • Development of Corrections: Describe how the American system of corrections has developed.
  • Government Roles: Analyze the roles of federal, state, and local governments in corrections.
  • Law of Corrections: Discuss the law of corrections and its application to offenders and correctional personnel.
  • Community Corrections: Describe the direction of community corrections.
  • Prison Population Growth: Explain the reasons behind the quadrupling of the prison population over the last three decades.

Development of Corrections

  • The spread of Enlightenment ideas in the 18th century fostered a rejection of corporal punishment.
  • In response to horrendous prison conditions described by John Howard in his 1777 book, reforms were initiated:   - Penitentiary Act included:     - Construction of a secure and sanitary building.     - Inspections to ensure that rules were adhered to by offenders.     - Abolition of fees charged to offenders for food.     - Implementation of a reformatory regime aimed at rehabilitation.

Historical Context of Punishments

  • Historically, physically painful punishments (such as flogging and branding) were prevalent in the U.S. until the early 1800s but are now deemed inappropriate.
  • Reflection question: Are current punishments like solitary confinement and death penalty likely to be regarded as inappropriate by future generations?

The Pennsylvania System

  • In 1790, Pennsylvania adopted a system for the separate confinement of criminals based on five principles:   1. Prisoners are not to be treated vengefully.   2. Solitary confinement would prevent further corruption within the prison.   3. Isolation would compel prisoners to reflect and repent.   4. Being social animals, solitary confinement serves as punishment.   5. Solitary confinement is economical.

The New York System

  • In 1819, New York introduced the congregate system:   - Inmates were isolated at night but worked and dined together during the day.   - Strict enforcement of a code of silence.   - Initiated a contract labor system, wherein prisoners were employed by private businesses, producing goods that were sold.

Prisons in the South and West

  • Post-Civil War, prisons in the South and West exploited the lease system:   - Inmates' labor was contracted out for agricultural, logging, and mining purposes.   - This system oppressed former slaves, who faced worse conditions than prior to emancipation.   - Example: In one railroad project, 45% of 285 prisoners perished over three years due to brutal working conditions.

Reformatory Movement

  • In 1870 at Cincinnati, the National Prison Association adopted a Declaration of Principles endorsing:   1. Reformation as a path to release.   2. Use of indeterminate sentences rather than fixed ones.   3. Reduction of reliance on silence and isolation.
  • Notable establishment: The first reformatory for young offenders emerged at Elmira, New York during the 1870s.

Prisons and Gender

  • Should correctional facilities for men and women mirror each other, or should adjustments be made to address differing needs in facilities and programming?

Improving Prison Conditions for Women

  • Prior to the mid-1800s, women and children were institutionalized in facilities meant for men.
  • The Women’s Prison Association was founded in New York in 1844.
  • Following the Civil War, states constructed female-specific prisons, emphasizing three reform principles:   - Separation of women from men.   - Tailored care for women's needs.   - Employment of female staff in these facilities.

Rehabilitation Model

  • Early 20th-century Progressives proposed:   1. Enhancement of social conditions contributing to crime.   2. Rehabilitation of offenders, often perceived through a medical model, treating criminal behavior as a condition requiring treatment.
  • By the 1970s, the consensus that “nothing works” led to skepticism about rehabilitation, although this viewpoint is no longer undisputed.

Community and Crime Control Models

  • The community model's goal was to reintegrate offenders back into society, dominant from the 1960s to the late 1970s.
  • This model eventually transitioned into a more punitive crime control model emphasizing incarceration, as well as determinate and mandatory sentences.
  • Financial and human costs of punitive approaches have become a pressing concern, leading to debates about whether reductions in crime result from policy shifts or demographic changes.

Federal Correctional Systems

  • The Federal Bureau of Prisons, established in 1930, currently supervises approximately 209,000 inmates.
  • Federal facilities range from low security (Level 1) to “supermax” facilities (Level 5).
  • Inmates in federal custody generally possess more financial means and are less violent compared to their state counterparts:   - About 50% are drug offenders; 25% are foreign nationals.

State Prison Systems

  • Significant variability exists across state prisons, with the largest, Angola in Louisiana, housing over 5,000 inmates.
  • Approximately 20,000 inmates are in supermax facilities characterized by military-style order.
  • Minimum security prisons allow for greater freedom and focus more on rehabilitation.
  • Example of disparity: Oklahoma incarcerates ten times more women than Massachusetts, many for severe drug offenses.

Private Prisons

  • A burgeoning $3 billion per year industry in the U.S. exists in the private prison sector.
  • Two major companies dominate: CCA and GEO.
  • Concerns raised by labor unions include criticisms regarding subpar benefits for staff.
  • Populations include undocumented immigrants, legal immigrants, and sentenced individuals.

The Privatizing Debate

  • Ethical and practical question: Should private companies manage government functions regarding detention and punishment?

Jails: Detention and Short-Term Incarceration

  • Jails primarily detain individuals for short durations, such as pretrial detention, while prisons hold offenders for a year or longer.
  • Approximately 3,400 jails exist within the U.S., with 2,700 under county-level jurisdiction.
  • Daily population: About 720,000 individuals are housed in jails:   - Annually, around 1.1 million admissions/releases include pretrial defendants, some of whom are innocent, as well as convicted criminals.

Characteristics of Jail Inmates

  • Jails show disproportionate representation of men, racial minorities, individuals lacking education, and low-income populations compared to the wider American demographic.

Law of Corrections

  • Judicial oversight of correctional administration waned after the 1960s.
  • Key court cases establishing constitutional rights for prisoners include:   - Cooper v. Pate (1964): Acknowledged prisoners as persons under the law.   - Procunier v. Martinez (1974): Restrained the censorship of inmate mail.   - Turner v. Safley (1987): Endorsed restrictions on mail correspondence between inmates in different facilities.