Notes for Corrections
Notes for Corrections crju 312
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This 8 page Bundle was uploaded by Madison McElheney on Wednesday February 3, 2016. The Bundle belongs to crju 312 at University of South Carolina taught by Brian Fuleihan in Spring 2016. Since its upload, it has received 60 views. For similar materials see Corrections in Criminology and Criminal Justice at University of South Carolina.
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Date Created: 02/03/16
Corrections Exam 1: Chapters 1-4 Chapter 1 Corrections has been an amazing “growth industry”. We spend $70 billion annually on corrections. Americans have experienced one of the greatest policy experiments in modern history o 1973: 96 per 100,000 (incarceration rate) o 2008: 506 per 100,000 More people get locked up when things like the war on drugs happen Enforcing severe punishment will solve the problems in society. It has not solved problems, but the idea is deterrence. Great Experiment in Social Control o “Greatest expansion in governmental control” o Factors: Increases in crime Increased effectiveness of criminal justice processing Changes in punishment policy What is corrections: C,C,C Cops, Courts, Corrections (CRJU System) o Purpose of Corrections Social Control-control theories, keeps us within limits, if we don’t have anything threatening us, we are humans and will probably offend. Helps define the limits of behavior Punishment Change offenders-some people change but others do not change for the better. Programs, services and facilities and organizations responsible for managing people accused or convicted criminal offenses A Systems Framework for studying corrections o System Police, prosecutors, courts, corrections o Goals Punishment Protection o Interconnectedness A view of corrections as a series of processes that can influence one another o Environment Corrections agencies must deal with forces in the environment (e.g. public opinion, fiscal constraints, law, etc.) Reciprocal relationship with its environment- “open system” o Feedback Systems learn, grow, and improve based on feedback about their effectiveness o Complexity It occurs as a result of systems that grow and mature (larger=more complex) Offenders are supervised by carious agencies at different levels of government and in different branches of government 5 The Corrections System Today o Federalism o State Level Corrections California Florida New York Texas o Main Components of Corrections Prison Jail Probation Intermediate sanctions Parole Lecture Jan 20, 2016-How do we treat offenders o We want people to change when they are in prison. o The penitentiary was to reflect on your ways and change when you get out in history. o The positivist school said they can treat people with physiological problems. The History of Corrections in America o The Colonial Period “The Great Law” The Quaker Code The Anglican Code o The arrival of the Penitentiary o The Penitentiary Act of 1779 4 principles A secure and sanitary building Inspection to ensure that offenders followed the rules Abolition of fees charged offenders of their food A reformatory regime o The Pennsylvania System 5 principles Prisoners would not be treated vengefully Solitary confinement would prevent further corruption In isolation, offenders would reflect on their transgressions and repent Solitary confinement would be punishment Solitary confinement would be economical o The New York (Auburn) System Congregate System Isolation at night Workshops in the day o Prisons in the South and West Lease system The Reformatory Movement o Cincinnati, 1870 Declaration of principles o Elmira Reformatory Three grade system of classification Inderminate sentence Corrections in the 20 Century o The Progressives The positivist School o The Medical Model Social deficiencies Psychological deficiencies Biological deficiencies o The Community Model Civil rights movement War on poverty Vietnam war Presidents commission on law enforcement and administration of justice Attica o The Decline of Rehabilitation Public concern about rising crime rates Studies challenge treatment programs Martinson Correctional discretion o The Emergence of Crime Control Determinate sentencing Incarceration Risk containment Intensive supervision probation Mandatory penalties Evidence-based correction o Where are we today? Billions in budget deficits Six times as many people incarcerated as in the 1970’s o Patters Ideas Learn from history Chapter 2 o Early forms of punishment Public spectacle/humiliation Control crime (prevention) Exert sovereign’s power-to show who was in power Punishment focused on the body Torture o Forms of punishment Branks and bridles Branding Whipping Ducking stool (dunk people in water) Hangings What is, the modern penitentiary movement had failed and banishment, public punishments and fines were still the means for dealing with common criminals? Would this be a deterrent for violent crimes and property crimes? o There would be fewer crimes committed if people were more afraid of the punishment. We have a semi lenient system. We couldn’t handle such harsh punishment. In other counties if people steal, they will lose their hands and are killed for much minor offenses that would not be capital in our country. It some countries strict punishment works better than the system we have now. Can you instill enough fear in people that they will behave? 20 lashed with no record for minor offenses or have a record of your transgression that will always follow you. Lex talionis-Law of retaliation o The principle that punishment should correspond in degree and kind to the offense “eye for an eye” Age of Reason o “The Enlightenment”: (18 Century) Concepts of liberalism, rationality, equality, and individualism dominated social and political thinking. o How do we punish people, reason began to be used to figure out these issues Cesare Beccaria-Italian Criminologist, Economist, Jurist o Wrote a cook On Crimes and Punishments Pleasures=principal good Punishment should have a purpose Choose between pleasure and pain Crime must produce some pleasure that outweighs pain Therefore, punishment mist outweigh pleasure Linked to deterrence Beccaria and the Classical School o Crime is considered an injury to society o Prevention is more important than punishment o Only justification for punishment is utility o Rational link between severity of the crime and sanction (no revenge) o Deterrence can work as long as it is certain, swift and severe (certainty and swiftness are most important) –not too severe o There is no certianity for the same crime in different parts of the country o Shift away from infliction of pain on the body to dealing with the mind o Advocated for humane treatment of prisoners and classification for age, sex and offense. The Bail Problem and Alternatives o Bail: an amount of money determined by a judge that must be posted as a condition of pretrial release (ensures appearance of accused in court) Release on Recognizance (ROR) o A pretrial release option based on the defendants promise to appear in court (ties to community family, job are strong) Day reporting centers Electronic monitoring Pretrial diversion: o The use of an alternative to the adjudication process whereby the person is never formally processes through the CJ system (eg. Drug treatment, job program) Many offenders cannot be deductively managed through the cj system Stigma attached to formal criminal labeling works against REHAB Diversion is cheaper than cj processing Preventive Detention o An offender is detained in jail pretrial if the judge at arraignment decides they pose a flight isk or a danger to themselves or the community o It is constitutional “Widening the net” o Increasing the scope of corrections or social control by applying a corrections option to a person who it was not intended to serve Issues in Jail management o Legal liability o Jail standards o Personnel matters o Jail crowding o The jail facility Standard Probation o The least restrictive and most common of the correctional alternatives, allow in the offender to remain in the community under limited supervision and subject to conditions set by the court History of Probation o John Augustus-Father of probation o Stand Bail-in municipal court of Boston o MA became the first state to authorize a formal probation program (Massachusetts) First state to do a formal probation system Development of Probation o Judicial Reprieve-a judge could suspend the imposition or execution of a sentence on condition of good behavior; 2 years sentence, 5 years probation and if you violate probation in that 5 years you can go to jail for that 2 years. o Recognizance-a formally recorded obligation to perform some act entered by a judge to permit an offender to live in the community; being released on bail o Half the people today get put on probations; 20% get put on probation for a violent felony instead of jail time. Modern Probation o As od 1957-every state had a probation program o During its development, probation underwent a split in orientation Probation was a humanitarian move, to help people. But there was conflict when it became a law enforcement function. o 1970’s-importance of rehab/reintegration faded and risk management emerged as a focus Community based programs for treatment Not about human interaction anymore and personal relationships, but more like risk management. We cant lock up all felons and probation officers watch them once their out on probation. Risk management. Minimize the likelihood of an offender committing a new offense Tighter controls, surveillance, risk classification Recent Stats (2009) o 4.2 million people under probation supervision in the U.S> 84% of those on community supervision on probation o 1,799 probationers per 100,000 adult U.S residents o Males-76% o White-55%; Black-30% o Felony offense-51% o Violent-19% o Property-26% o Drug-26% Intermediate Sanctions o Punishment options that are more restrictive than traditional probation but less sever and costly than incarceration Giving someone a curfew, house arrest, ect. What is the rationale for using intermediate sanctions? o Costs (reduce costs) o Sanctions needed to “fit” the crime –for people that don’t necessarily need to go to prison o Community safety-keep people on the street but keep them under supervision Continuum of Sanctions o A range of correctional options that carry depending on the degree of intrusiveness and control over the offender, along which an offender can move based on their response to programs and supervision o Traditional Probation-fine-ISP-house arrest-EM-boot camps-prison o Intrusiveness/control increases as you move of the scale o Movement depends on performance of the client o Provides flexibility with sanctioning and supervision violations Principle of Interchangeability o The concept that different forms of intermediate sanctions can be developed to make them equivalent as punishment despite their difference in approach Concerns with Intermediate Sanctions o Three types of “nets” Wider Nets: increase the proportion o people in society whose behavior is regulated or controlled by the state Stronger Nets; reforms add to the states capacity to control individuals through intensified interventions Different Nets: reforms create new jurisdictional authority or move it from one agency to the next.
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