Corrections crju 312
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This 15 page Class Notes was uploaded by Madison McElheney on Wednesday February 24, 2016. The Class Notes belongs to crju 312 at University of South Carolina taught by Brian Fuleihan in Spring 2016. Since its upload, it has received 59 views. For similar materials see Corrections in Criminology and Criminal Justice at University of South Carolina.
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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. Intermediate Sanctions-Financial Options o Fines: financial penalty typically used in combination with another type of intermediate sanction Day fines: penalty based on the amount of income an offender earns in a days work o Forfeiture: the seizure of the offenders illegally used or acquired property or assets o Restitution: compensation for financial, physical or emotional loss caused by an offender o Community service: compensation for injury to society by the performance of service (unpaid labor) to the community Sanctions administered in community o Day reporting centers; non-residential locations/facilities at which offenders must appear daily to participate in programmed activities and to work o Intensive Supervision Programs (ISP) ** INTENSIVE PROBATION Emphasizes offender control and surveillance by using frequent contacts between the probation officer and the offender, strict enforcement of conditions; like the last chance; if you cant stay off drugs or follow the terms of probations; you have the same basic probation requirements just add requirements Home confinement (house arrest) Electronic monitoring-probation supervision ordinarily combined with home confinement, which uses electronic devices to maintain surveillance on offenders Shock Incarceration-a short period of incarceration followed by a sentence reduction. The goal is to make imprisonment unpleasant and deter offenders from re-offending o Boot camps Support for boot camps? o A sanction that retains the punitive orientation that became popular with the rise of the crime control model. o The punitive character of BCs has the potential to achieve deterrent effects o BCs were generally designed for 1 time offenders, typically youthful convicts o BS environment is intended to develop self control amongst inmates o BC are less expensive since the sanctions are shorter in length (90-180 days) o Help address the overcrowding problem in prisons Evaluations of Intermediate Sanctions o Effective in meeting their goals? Boot camps show worse behavior after attending them. Overcrowding Community safety Are the appropriate offenders being targeted for intermediate sanctions? o In practice, are I.S. (intermediate sanctions) being used as prison alternatives or probation alternatives? – no drugs are pure, more available then they ever were since this program started. Offenders’ perceptions of Intermediate sanctions o Probation under certain circumstances can reflect more punishment than prison; offenders often pick jail time over probation. Part 2- Chapter 5: TEST 2 MATERIAL Probation Supervision: o Split Orientation-Conflict between both functions o Humanitarian orientation (i.e. social worker, advocate, referral coordinator, and other related functions o Law enforcement function (i.e. enforcer, control, surveillance) o Probation officers get attached to their probationers The Dual Functions of Probations o Investigation -Presentence Investigation (PSI) Responsible for investigating and producing a report for judge-after conviction and before sentencing o Supervision Establish relationship, define roles (make goals for probationers on the future) Establish supervision goals (slowly tapering someone down, at first I want to see you this much, then later in probation, less and less) Termination-get off probation The Investigative Function o PSI o Sentencing: most important role of sentencing Rehabilitation-PSI has suggestions on how to get them drug help; your defense attorney will suggest rehab just as a probation officer will. Risk management- can someone make it while on probation, what is the risk of them being on probation o Plea bargaining-involves PSI, involves following the following up of PSI suggestion o Judges want to maintain balance between risk management and community safety. o Contents: Valid Reliable Victim Impact Statement o Recommendations: A probation officer might recommend a suggestion on a PSI: Controversial judge is supposed to be the one to make calls for the person being investigated Agreement with actual sentence Plea-bargaining o Disclosure In many states defendants do not receive a copy Cleansing Confidential comments Clinical Statements o Client-Specific planning Controversial as well; you might be more lenient as a PSI Better job? Liability? –might be treated worse or between considering who they are, might be made an example of The Supervisory Function o The Officer Conflict-the officer might be involved in helping resolve problems in the offenders life Motivational Interviewing-technique of therapy; motivate them to do the right thing. Getting someone to do the right thing of what you want them to do by not directly telling them to do something o The Offender Response-how does a offender respond Perception-what is their perception on their situation o The Bureaucracy-written agreements that spells out certain situations; they have to be responsibly for legal grammar and situations Standard conditions-probation officer must ensure the proper steps are taken to follow through with sentencing and probation terms Punitive conditions-will have to pay a fine Treatment conditions-fulfill any treatment options they might need that probation officer is responsible for ensuring actually happen The Effectiveness of Supervision o Recidivism o Case management Systems Statistical risk assessment Systematic needs assessment-statistically drug users are going to re offend. Contact supervision standards-how many times do we need to drug test this person, or see them face to face in the office. Case planning Workload accounting-law enforcement is buried in paperwork on top of dealing with the actual people; if a probation officer is too busy to go visit someone on probation at their work place, and the offender knows they are too busy to keep up with them-the recidivism is higher. o Evidence-Based Supervision Evidence-Based practice-it will tell you that more a probation officer can physically lay eyes on their probationer, the less likely recidivism is. There are 4 principles in which we fall back on when handling criminal offenders: Risk principle- has to do with predicting crime; if they’re married, if they’re employed Supervision principle Treatment principle-treat people like we can treat them to stop committing crimes; rehab etc. Referral principle-how to refer them to the right place once their done o Specialized supervision programs Sex offenders Drug offenders Mentally ill offenders Techniques for drug surveillance and treatment Urinalysis Antabuse-a pill alcoholics take everyday and if you drink with it it’ll make you violently sick Methadone o Performance-Based Supervision Focus on results Public safety Broken windows probation o Is Probation Effective Regardless? Comparison of probation strategies reveal little differences What if methods matter little but probation works? Recent study: Reduction in criminality following probation sentence Revocation and Termination of Probation o Probation Status Ends in One of Two Ways: Successful completion Revocation-technical violation Go back to prison o Three Stages of Revocation Preliminary hearing Hearing Sentencing Probation in the Coming Decade o Dramatic changes Growing caseloads Two types of probation in the future Probation officer as referral agent Highly trained professional closely watching offenders Evaluation by “performance indicators” Community service projects performed by probationers Probation fees and restitution collected Days free of drug use Employment rates Taxes paid Chapter 6: Prisons-Institutional Corrections: o Links to the Past Oldest prison in the U.S-built in 1798 New Jersey State Prison in Trenton Modeled after the Walnut Street Jail and reflected the influence of the Quakers (labor, silence, penitence) The first state prison was three story structured modeled after the cognitive plan The North and South Hall wings were added around the late 1830 Quakers heavily influenced the developments of American prisons “Big Hoses” emerged during the 1940’s and 1950’s Walled prisons with large, tiered cell blocks, a yard, shops and industries 1960’-1970s were characterized by “Correctional Institutions: Stressed rehabilitation, focus on inmates constitutional rights Past 40 years More inmates are African American, Hispanic, come from urban areas, committed drug-related and violent crimes Overcrowding issues, Crime Control Model o The goals of Incarcerations Predominant Models since 1940’s Custodial model-emphasis on security, discipline and order o Purpose of correction is deterrence, incapacitation and retribution Rehabilitation model-emphasis on treatment o Developed during the 1950’s. Few prisons conform to this model today Reintegration model-emphasis on maintaining inmates ties to family and the community (community connections focus) o Acknowledgment that most offenders will return to the community at some point o Gradual increase of freedoms and responsibility during confinement Prison Systems o All 50 states and the federal government operate prisons 92% of prisons are state operated Differences in how each system is organized and operated o The Federal Bureau of Prisons 116 institutions (note updated info from the book) 6 regional offices 22 community correction officers Feb 22-Eastern State penitentiary-Documentary (extra credit question on this) Quaker ideals Convicts work in isolation of their cells to connect to God Building itself had to prevent communication between prisoners; each cell had its own heat and water systems Based on watching, convenience and economy Central guard and 6 wings Watching was important Guard patrols with stockings covering their shoes to prevent the inmates hearing them coming Interior cell doors, small feeding windows (inconvenient for guards and the priests coming to talk to them about their faith) 30 foot stone wall to intimidate citizens on the outside and keep the inmates in men and women served time there Sentences typically 2-3 years Hoods were placed over their heads to hide their identity when outside their cell No contact with family, friends and they got no news of the outside world. They were allowed one hour outside They did jobs like shoe making and if you had experience with construction you were instructed to help build the rest of the prison and maintenance Cells were often damp and cold or hot and muggy, the air didn’t work well Plumbing was weak causing the prisoners to breathe tainted air Majority of visitors applauded the prison and it became a model for prisons around the world There were however critics of the prison o Solidary confinement was not productive o Learned nothing from being alone always Investigations were made on the prison for cruel and inhumane behavior o Severe and awful punishment of prisoners o Starvation and deliria o Buckets of cold water poured on a prisoner o Iron gag, a punishment for speaking There were deaths due to this device Prisoners would communicate through writing notes and tapping on the cell bars and doors Eastern survived investigation and critic When prisoners got out, they showed no change or retribution People were mostly locked up for property crimes, robbery, larceny, horse stealing There was reform to the prison system Chapter 7-The Prison Experience o Prison society Norms and values Fish-new people coming in Prisonization The inmate code Don’t interfere with inmate interests Don’t quarrel with fellow inmates Don’t exploit inmates Don’t trust the guards or the things they stand for Contemporary inmate society Race Ethnicity Age The Prison Economy Commissary o Toiletries o Tobacco o Snacks Underground Economy o Food o Homemade wine o Drugs o Sex o Prison Subculture: Deprivation or Importation? Pains of imprisonment Deprivation of liberty, autonomy, security, goods and services, and heterosexual relationships Three Subcultures: Convict, thief, “straight” Prison Society Adaptations Adaptive Roles o Doing time o Gleaning o Jailing o Disorganized criminal