Criminal Justice 'Jails and Prisons' Notes

Enlightenment Movement

  • Overview: 18th-century movement in England and France characterized by liberalism, rationalism, equality, and individualism.

    • Influenced social and political thoughts.

    • Raised questions concerning:

      • Nature of criminal behavior.

      • Methods of punishment in America.

Penitentiary System

  • Definition: Institutions designed to punish criminals by isolating them from society.

    • Aimed at reflecting on misdeeds, repenting, and reforming offenders.

  • Principles of Penitentiary:

    • Secure and sanitary buildings.

    • Regular inspections to ensure adherence to rules.

    • No fees charged to offenders for food.

    • A reformatory regime.

Reform Movements

Pennsylvania System (1790)

  • Emerged during the rise of penitentiaries.

  • Pennsylvania legislature constructed two penitentiaries for solitary confinement.

  • Walnut Street Jail:

    • First penitentiary, repurposed from a three-story structure in Philadelphia.

  • Advocated for:

    • Separate confinement (Separate and silent system).

Auburn System

  • Definition: Congregate and silent system where prisoners work together by day but are isolated at night.

    • Inmates worked in silence and were forbidden from communication.

    • First to implement a convict labor system for manufacturing products.

National Prison Association

  • Established: Originated in 1870, Cincinnati.

  • Signified a new reform spirit in corrections.

  • 'Declaration of Principles':

    • Philosophy centered on inmate change and reformation.

    • Emphasized proof of reformation for release.

    • Focused on classifying inmates based on character and improvement.

Prisons vs. Jails

Prisons

  • Operated by federal and state governments.

  • Secure long-term inmates convicted of serious crimes.

    • Offer rehabilitation and educational programs.

Jails

  • Operated by county and city governments.

  • House pre-trial detainees and inmates serving less than a year.

    • Focus mainly on basic needs: safety, food, clothing.

Key Statistics

  • Over 3,116 jails in the US, primarily county-operated by sheriffs.

  • Inmate Challenges: Mental illness, physical health issues, substance abuse, overcrowding.

Prison Organization

  • Dual Prison System: Parallels the dual court system.

    • Federal Bureau of Prisons: Offenders of federal laws.

    • State Systems: For those violating state laws.

Prison Classification Criteria

  1. Seriousness of crime.

  2. Risk of future criminal or violent conduct.

  3. Need for treatment and rehabilitation.

Security Levels of Prisons

  • Minimum Security: Low-risk; more freedom.

  • Medium Security: Less dangerous inmates, more programs.

  • Maximum Security: Houses dangerous felons; strict surveillance.

  • Supermax: For the “worst of the worst”; perpetual lockdown.

Influential Factors in Incarceration

  • Increased criminalization of drugs.

  • Longer sentences for non-violent offenders.

    • Growing federal prison population, especially among drug offenders and women.

Consequences of Incarceration

  • Community Impact: 2.7 million minors have a parent in prison; linked to increased STDs and pregnancies.

  • Personal Impact on Offenders:

    • Health problems, addiction, unemployment, homelessness.

    • Disproportionate effects on minority groups.

Decarceration Trends

  • States seek to cut costs and reduce inmate populations.

  • Strategies for Decarceration:

    1. Reducing prison sentences for nonviolent offenders.

    2. Increasing imprisonment for probation/parole violations.

    3. Decreasing imprisonment rates for failures in probation/parole.

Release From Prison

  • Types of Release:

    • Discretionary Release: Parole board decisions.

    • Mandatory Release: Sentence completion under set guidelines.

    • Expiration Release: Fulfillment of the maximum sentence.

    • Pardon: Executive clemency.

Prisoner Reentry Strategies

  • Aim: Facilitate successful reintegration into society.

  • Programs focus on:

    • Desistance: Continued support post-release.

    • Treatment curriculum, work-release initiatives, halfway houses.

Barriers to Successful Reintegration

  • Cultural discrepancies between prison norms and societal values.

  • Economic, technological changes complicating reentry.

  • Issues with employment, housing, and transportation availability.

Legislative Efforts for Reintegration

  • Second Chance Legislation: Aims to support those reentering society.

  • Measures include:

    • Expungement of records.

    • 'Ban the box' initiatives to help mitigate discrimination in hiring.

Discussion Questions

  • Courtroom Workgroup:

    • Who are the participants and their roles? Interaction dynamics?

  • Intermediate Sanctions: Definition and examples.

  • Discretion in CJS: What is it? Application in police, courts, corrections.