© 2003 Wadsworth Publishing Co.

Chapter 18Corrections

Criminology 8th edition

Larry J. Siegel

QUESTION

Is the deterrent effect of prison weakened when inmates are granted early release?

CORRECTIONAL TREATMENT

• Community-based programs

• Secure confinement

Why do we sentence

convicted offenders to prison?

Are offenders better served by

being treated in the

community or in a secure institution?

Why Use Community Based Corrections?

Why Use Community Based Corrections?

• Incarceration is more costly

• No evidence incarceration rehabilitates

• CBC maintains family & community ties

• Broader possibilities exist to balance the severity of the crime with punishment

• Incarceration is more costly

• No evidence incarceration rehabilitates

• CBC maintains family & community ties

• Broader possibilities exist to balance the severity of the crime with punishment

Death PenaltyDeath Penalty

PrisonPrison

Boot campsBoot camps

Split sentencesSplit sentences

Residential community centerResidential community center

Electronic monitoringElectronic monitoring

House arrestHouse arrest

Intensive probationIntensive probation

RestitutionRestitution

ProbationProbation

ForfeitureForfeiture

FinesFines

ThePunishment

Ladder

ThePunishment

LadderIntermediate Intermediate sanctionssanctions allow allow judges to fit judges to fit punishment to the punishment to the crime crime without without resorting to resorting to a prison a prison sentence.sentence. They are They are punitive because punitive because they are increasingly they are increasingly severe.severe.

What is Probation?What is Probation?

• The most common form of CBC – approximately 1/3 of all felony cases.

• Probation is a criminal sentence.

• Mandates placement of an offender in the community

• Under the supervision of an agent of the court

• The most common form of CBC – approximately 1/3 of all felony cases.

• Probation is a criminal sentence.

• Mandates placement of an offender in the community

• Under the supervision of an agent of the court

Special Conditions Imposed on Probationers

Supervision Levels

Is Probation Successful?Is Probation Successful?

• Evidence is mixed

• Recidivism - what does it mean?– Rearrest, reconviction, technical violations

• Serious offenders most likely to recidivate

• Probation recidivism is lower than prison recidivism

• Evidence is mixed

• Recidivism - what does it mean?– Rearrest, reconviction, technical violations

• Serious offenders most likely to recidivate

• Probation recidivism is lower than prison recidivism

QUESTION

Who should determine if a convicted offender receives probation?

How would determinate and indeterminate sentencing differ on this decision?

What factors should be taken into consideration?

What’s the Future of Probation?

What’s the Future of Probation?

It will likely continue to be the most popular alternative sentence because it is:

• Flexible

• Alleviates prison overcrowding

• Cost effective

• Allows for the imposition of probation fees

Fines as a Criminal SanctionFines as a Criminal Sanction

• Used more often in lesser offenses or when financial profits were high

• Fines may discriminate against the poor

• Many fines go uncollected

• Used more often in lesser offenses or when financial profits were high

• Fines may discriminate against the poor

• Many fines go uncollected

$$$

Day Fines are based on the seriousness of the offense and the offenders ability to pay.

Day Fines are based on the seriousness of the offense and the offenders ability to pay.

QUESTIONS

Is it fair to gear day fines to wages?

Should offenders be punished more severely because they are financially successful?

Should a fine be based on the crime or the ability to pay?

Forfeiture as a SanctionForfeiture as a Sanction

• Can be used in civil & criminal cases

• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act

• Zero tolerance

• Proportionality

• Can be used in civil & criminal cases

• Seizure of goods & instrumentalities related to the commission or outcome of a criminal act

• Zero tolerance

• Proportionality

RestitutionRestitution

• Pay back to victims or community service

• Used in 30% of probation cases; the average is $3400; 60% make full payment in 3 years

• Qualified success

• Widens the net of social control

• Pay back to victims or community service

• Used in 30% of probation cases; the average is $3400; 60% make full payment in 3 years

• Qualified success

• Widens the net of social control

Shock Probation & Split Sentencing

Shock Probation & Split Sentencing

• Community release after sampling prison life

• Split sentence means jail term is a condition of probation

• Shock probation usually involves resentencing after a short prison stay

• Community release after sampling prison life

• Split sentence means jail term is a condition of probation

• Shock probation usually involves resentencing after a short prison stay

Intensive Probation GoalsIntensive Probation Goals

• Diversion from prison

• Maintain control of the individual

• Facilitate reintegration into the community

• High Failure Rate (approx. 50%)

House ArrestHouse Arrest

• Offender required to spend extended periods of time in one’s own home as an alternative to incarceration.

• Little standardization throughout the U.S. in how house arrest is administered.

• Offender required to spend extended periods of time in one’s own home as an alternative to incarceration.

• Little standardization throughout the U.S. in how house arrest is administered.

Electronic MonitoringElectronic Monitoring

• Often used to ensure compliance with house arrest

• Similar recidivism to traditional systems

• Costs are lower (capital v. labor)

• Overcrowding is reduced

• Issues of privacy and liberty

• Compliance technologies vary

• Often used to ensure compliance with house arrest

• Similar recidivism to traditional systems

• Costs are lower (capital v. labor)

• Overcrowding is reduced

• Issues of privacy and liberty

• Compliance technologies vary

Residential Community Corrections

Residential Community Corrections

• Combines reintegration & control goals

• Usually involves a nonsecure building

• Houses pretrial & adjudicated adults

• Residents:– Work and/or– Attend school and– Participate in corrections program

• Combines reintegration & control goals

• Usually involves a nonsecure building

• Houses pretrial & adjudicated adults

• Residents:– Work and/or– Attend school and– Participate in corrections program

• A branch of local government – city/county• Pre-trial detention for adults and juveniles• Detain offenders awaiting sentencing• Confine misdemeanants• Transfer inmates to federal, state, or other

authorities, i.e., courtroom appearances.• Hold probation & parole violators• Hold mentally ill persons pending transfer• Hold inmates sentenced to short terms• Relieve prison overcrowding through

contracts with the state and federal government

Purpose of Jails in America

Who Are the Most Common Kinds of Jail Inmates?

Who Are the Most Common Kinds of Jail Inmates?

• Undereducated

• Minorities

• Low income

• Single parent family

• Drug/alcohol abuse

• Male (90%),young, and single

• Property crimes

• Undereducated

• Minorities

• Low income

• Single parent family

• Drug/alcohol abuse

• Male (90%),young, and single

• Property crimes

Jail ConditionsJail Conditions

• Operated under concept of custodial convenience

• Understaffed, underpaid

• Lack of basic programs and services

• Suicides common

• New generation jails

• Operated under concept of custodial convenience

• Understaffed, underpaid

• Lack of basic programs and services

• Suicides common

• New generation jails

The Modern Prison Era

Increased prisoner litigation seeking greater

rights and privileges

Increase in prison

violence

Alleged failure of

correctional rehabilitation

Three Major Trends

State Prison OrganizationState Prison Organization

Classification Classification basedbasedon: Genderon: Gender AgeAge SecuritySecurity

Female

FemaleMaxMaxMedMedMinMin

Male Juvenile

Male

StatePrison Dept.

Maximum Security PrisonsMaximum Security Prisons

• Fortresses

• Cells / Blocks / Wings

• Standard uniform & dress codes

• Everything based on security (lock psychosis)

• Fortresses

• Cells / Blocks / Wings

• Standard uniform & dress codes

• Everything based on security (lock psychosis)

Medium Security PrisonsMedium Security Prisons

• Similar appearance to maximum security

• Security is less intense

• More privileges

• More treatment effort

• Similar appearance to maximum security

• Security is less intense

• More privileges

• More treatment effort

Minimum Security PrisonsMinimum Security Prisons

• No armed guards or walls

• House most trustworthy & least violent offenders

• Dormitory style housing or small rooms

• Often farms or ranches

• No armed guards or walls

• House most trustworthy & least violent offenders

• Dormitory style housing or small rooms

• Often farms or ranches

Ultra-Maximum Security Prisons

Ultra-Maximum Security Prisons

• House most dangerous, predatory criminals

• Extra-tight security and isolated conditions are common

• All potential weapons removed, e.g. mirrors, toilet seat, soap dishes, etc.

• Some claim violations of United Nations standards for the treatment of inmates

• House most dangerous, predatory criminals

• Extra-tight security and isolated conditions are common

• All potential weapons removed, e.g. mirrors, toilet seat, soap dishes, etc.

• Some claim violations of United Nations standards for the treatment of inmates

QUESTION

Is the privatization of prisons a good idea?

Or,

Is it wrong to make a profit off of crime?

Private PrisonsPrivate Prisons

• A private company builds prison and contracts to run it.

• In some cases, the prison and programs are leased to the state.

• In other cases, specific service program contracts are made.

Problems With Private PrisonsProblems With Private Prisons

• Biased evaluations re: effectiveness

• Cut corners to save costs

• Hard core prisoners not accepted for state care

• Maintenance of liability

• Loss of state jobs

• Difficult to control quality

• Moral considerations

• Biased evaluations re: effectiveness

• Cut corners to save costs

• Hard core prisoners not accepted for state care

• Maintenance of liability

• Loss of state jobs

• Difficult to control quality

• Moral considerationsModule 15 - 26

When Were Prisons Built?

25 before 1875

79 between 1875 – 1924

141 between 1925 – 1949

First built were Auburn and Elmira which are still used.

Prison InmatesPersonal Characteristics

Prison InmatesPersonal Characteristics

• Young (although older ages are now more common – average age is 32, 33% over 51 by 2010).

• Single

• Poorly Educated

• Male (Approx. 6.6% were female)

• Minority group member (2000, 9.7% of all black males between 25-29 were in prison).

• Substance abuse history (80%); drug use history (60%).

• Young (although older ages are now more common – average age is 32, 33% over 51 by 2010).

• Single

• Poorly Educated

• Male (Approx. 6.6% were female)

• Minority group member (2000, 9.7% of all black males between 25-29 were in prison).

• Substance abuse history (80%); drug use history (60%).

Adjusting to Prison Life – Prizonization Process (Clemmer)

Adjusting to Prison Life – Prizonization Process (Clemmer)

• Finding a coping style– Loner– Joining a gang or group – Avoiding victimization– Racial conflict– Sexual exploitation– Black-market economy– Anxiety of being released – Loss of privacy

• Hustling to maintain some power

• Being politically “savvy” – inmate subculture/social code

• Finding a coping style– Loner– Joining a gang or group – Avoiding victimization– Racial conflict– Sexual exploitation– Black-market economy– Anxiety of being released – Loss of privacy

• Hustling to maintain some power

• Being politically “savvy” – inmate subculture/social code

Finding a way to do one’s time helps the quality of survival

Finding a way to do one’s time helps the quality of survival

The “New” Inmate CultureThe “New” Inmate Culture

• Black Power movementBlack Power movement

• Black and Latin inmates more organizedBlack and Latin inmates more organized

• Racial polarity and tension is a dominant forceRacial polarity and tension is a dominant force

• Violence and danger of the streets is imported Violence and danger of the streets is imported into the prison cultureinto the prison culture

• Groups form because of ...Groups form because of ...– Religious or political affiliationsReligious or political affiliations– To combat discriminationTo combat discrimination– Previous street gang membershipPrevious street gang membership

Female InstitutionsFemale Institutions

• Overcrowding

• Smaller than male institutions

• Many are minimum security

• Some similar to college dorms

• Many lack treatment programs

• Overcrowding

• Smaller than male institutions

• Many are minimum security

• Some similar to college dorms

• Many lack treatment programs

The Female SubcultureThe Female Subculture

• Nonviolent to staff

• Lack anti-authority inmatesocial code

• Direct anger inward because of low-self esteem, i.e., self mutilation - “carving”

• Make believe families – surrogate families

• Sexual exploitation

• Health care, i.e., pregnancy

• Nonviolent to staff

• Lack anti-authority inmatesocial code

• Direct anger inward because of low-self esteem, i.e., self mutilation - “carving”

• Make believe families – surrogate families

• Sexual exploitation

• Health care, i.e., pregnancy

Problems With Treatment ProgramsProblems With Treatment Programs

•Lack of qualified staffLack of qualified staff

Institutional Treatment:General Types

Institutional Treatment:General Types

• Individual therapy – focuses on self-awareness and dealing with everyday problems

• Group therapy – used more often due to lack of resources

• Educational training

• Vocational training

• Individual therapy – focuses on self-awareness and dealing with everyday problems

• Group therapy – used more often due to lack of resources

• Educational training

• Vocational training

Inmate ConflictInmate Conflict

• Inmate violence (inmate against inmate)– Average 70 incidents/year/institution

• Homosexual rape

• Nonsexual assault (shake down)

• Prison riots (90% of all riots have taken place since 1952)

Causes of Prison ViolenceCauses of Prison Violence

• Inmates are violence proneInmates are violence prone

• Prisons convert people to violence Prisons convert people to violence - “survival mentality”- “survival mentality”

• Prison mismanagementPrison mismanagement

• OvercrowdingOvercrowding

Causes of Prison Riots

Environmentalconditions

Spontaneity

Collective behavior and social control

Conflict Power vacuum

Rising expectations

Prisoner RightsPrisoner Rights

Prior to 1960 the Supreme Court followed a Hands-off Doctrine unless there was a

serious breach of 8th Amendment rights

(Cruel and Unusual Punishment)

Prior to 1960 the Supreme Court followed a Hands-off Doctrine unless there was a

serious breach of 8th Amendment rights

(Cruel and Unusual Punishment)

Prisoner’s Rights

• Freedom of religion

• Freedom of press and speech

• Freedom of medical care

• Freedom against cruel and unusual punishment

• Most litigation is brought under the federal Civil Rights Act.

Should prison inmates

retain their constitutional

rights after conviction?

Primary Functions of Parole Boards

Primary Functions of Parole Boards

• To select and place prisoners on parole

• To supervise parolees in the community

• To determine when parole is complete and discharge parolees

• To determine if parole revocation should take place

• To select and place prisoners on parole

• To supervise parolees in the community

• To determine when parole is complete and discharge parolees

• To determine if parole revocation should take place

Conditions of ParoleConditions of Parole

• Rules fall into two categories:– General rules required of all parolees– Specific rules applied to an individual case.

• Rules may prohibit some types of behavior and demand others.

• Violation of rules may lead to parole being revoked.

• Rules fall into two categories:– General rules required of all parolees– Specific rules applied to an individual case.

• Rules may prohibit some types of behavior and demand others.

• Violation of rules may lead to parole being revoked.

QUESTIONS

How effective is parole?

What factors predict parole failure?

Can parolees destabilize neighborhoods?

If so, how?

Recidivism: A Traditional Measure of Parole Effectiveness

Recidivism: A Traditional Measure of Parole Effectiveness

What is recidivism? The definition can vary.

Is it :– Those who re-commit another crime of any

kind?– Those who re-commit the same type of crime?– Those who re-commit crime within a certain

time period?– Those who are returned to prison for technical

violations?