In and Out of Prison

In and Out of Prison CJ101

Learning Objectives

  • Explain the concept of the prison as a total institution.
  • Describe some of the reasons for violence in prisons.
  • List the means and mechanisms by which people get out of prison.
  • Explain the goals of reentry programs.

Total Institutions

  • Prisons encompass all aspects of life:
    • Food
    • Shelter
    • Language
    • Economy
    • Art
    • Norms, values, and mores
  • Historically, prisons operated under a "hands-off" doctrine, limiting external oversight from authorities like judges.

Elements of Life in Prison

  • Rehabilitation and education programs.
  • Violence.
  • Rape.
  • Racial tension.
  • Gangs.
  • Riots.

Four Strategies for Inmates

  • Doing time: Avoiding trouble, keeping a low profile, and passively serving the sentence.
  • Jailing: Embracing prison life, seeking power and status within the prison culture.
  • Gleaning: Utilizing prison resources for self-improvement and personal growth.
  • No strategy: Disorganized inmates who are easily influenced and controlled by others.

Special Issues Facing Women in Prison

  • Often located farther from their homes.
  • Receive fewer visitors.
  • Experience separation from their children.
  • Form prison "families" for support.
  • Face the risk of sexual assault by staff.

Types of Release

  • Expiration of Sentence
  • Parole
  • Pardon
  • Furlough
  • Work Release
  • Halfway Houses
  • Escape
  • Vacation of conviction

Escape Methods

  • Failure to return from furlough or work release.
  • Escape from prison vehicles during transport.
  • Escape from court buildings.
  • Paperwork deception.
  • Containment penetration.
  • Hiding in vehicles.
  • Disguise.
  • Bribery and corruption of prison staff.
  • Physical force.

Escapes by Security Level

  • Maximum: 27%
  • Medium: 40%
  • Minimum: 33%

Exoneration and Vacation

  • New Evidence: Undiscovered and undiscoverable at original trial.
  • Defense: Motion for New Trial
  • Judge: Grants Motion
  • Prosecutor: Declines to pursue new trial
  • Jury: Not guilty verdict on new trial
  • Defense or Prosecutor: Motion for Vacation of Conviction
  • DOC: Releases Prisoner
  • Judge: Grants Motion
  • Executive: Grants Pardon or Clemency

Re-entry "To Do" List

  • Find a place to live.
  • Find a job.
  • Make amends with family and friends.
  • Identify support resources.
  • Keep up with release requirements.
  • Stay out of trouble (real or perceived).

Sex Offender Laws

  • Mandatory registration (years vary).
  • Tiers based on nature of offense.
  • Registry Board that determines tiers.
  • Restrictions on contacts with children.
  • Restrictions on residency.
  • Community notification.
  • Civil confinement.

Recidivism

  • 2/32/3 of prisoners re-arrested within 5 years.
  • 4/54/5 of prisoners aged 24 or younger
  • Half of prisoners re-incarcerated within 5 years.
  • By crime:
    • Sex offenses: 20-35%
    • Manslaughter: 35-40%
    • Murder: 45-55%
    • Assault: 55-65%
    • Burglary: 60-65%
    • Robbery: 60-70%

Crime Investigation

  • Grand Jury/Indictment
  • Arrest
  • Summons
  • Warrant
  • Complaint
  • Pre-Trial
  • Detention
  • Initial Appearance
  • Bail
  • Preliminary Hearing
  • Arraignment
  • No prosecution
  • Diversion
  • Dismissal
  • Guilty Plea
  • Nolo Plea
  • Plea Bargain
  • Trial (Jury Selection)
  • (Hearings)
  • (Interlocutory Appeals)
  • (Mistrials)
  • Not Guilty
  • Guilty
  • Sentencing
  • Alternative
  • Probation
  • Jail/HOC
  • Prison
  • Release
  • Parole
  • Appeal

Key Terms and Concepts

  • Total institution
  • Deprivation model
  • Solitary confinement
  • "Hands-off" doctrine
  • Expiration release
  • Pardon
  • Furlough
  • Reentry
  • Halfway house
  • Sex offender registry