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Jails and Prisons

by: Autumn R

Jails and Prisons CORR 106

Autumn R
Minnesota State University, Mankato
GPA 3.9

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Introduction to Criminal Justice Systems
Jessica, Mclaughlin
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This 15 page Class Notes was uploaded by Autumn R on Monday April 25, 2016. The Class Notes belongs to CORR 106 at Minnesota State University - Mankato taught by Jessica, Mclaughlin in Spring 2016. Since its upload, it has received 14 views. For similar materials see Introduction to Criminal Justice Systems in Criminology and Criminal Justice at Minnesota State University - Mankato.

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Date Created: 04/25/16
3: Jails and Prisons Wednesday, April 13, 2016 5:03 PM Notes off Reading: Development of American Jails and Prisons  The first institutions for incarceration of prisoners in Colonial America and the United States were local jails which were primarily for detention prior to trial or execution rather than for punishment or rehabilitation of the criminal  Prisoners were expected to work at the jail to pay for their keep, not housed at the expense of the community Early Jail conditions  Not only used to confine criminals, but also those with mental illness and the poor  Overcrowding was a serious problem  Prisoners were responsible for providing their basic necessities of life with their own funds or help from outsiders  State had no obligation to provide food or medical treatment for inmates  Prisoners allowed to die of starvation if they couldn't provide for themselves  Men, women, and children confined in the same cell o No attempt to protect women and children from aggressive men  Contagious diseases quickly spread  No plumbing  1777 English reformer John Howard traveled extensively in Europe o Wrote State of Prisons which was influential and contributed to efforts of prison reform Reform at Last: The Walnut Street Jail  Reform movement had its origins with a group of Quakers  Benjamin Rush argued for prison reform  Society for Promoting Political Inquiries at the Alleviate the Miseries of Public Prisons o Lobbied the Pennsylvania legislature for human treatment of prisoners o Legislature passed a law calling for the renovation of the Walnut Street Jail in Philadelphia  Abolished practice of placing men, women and children in the same cell  Didn't allow prisoners to buy better treatment  Prohibit the consumption of alcohol by prisoners  Prisoners require to work but were paid  Children housed in separate buildings  Failed because of overcrowding, still Bigger is Better: Eastern State Penitentiary  Built in 1829  House 250 prisoners  Most expensive public building in New World  First in the country to have flush toilets and hot-air heating Penitence  Penitentiary, it was expected that inmates would reflect on their lives of crime and change their ways  Individual cell for each prisoner  Required to become proficient at a skill that would support them after their release  Silent system required that prisoners communicate only with guards or prison officials, not with other prisoners  Guilt and remorse or repentance would lead to rehabilitation Self-Contained Cells  Maximum-security, walled, self-contained institution  Cells designed so that inmates could not see any part of the prison other than the wall that was directly in front of the cell  All activities done in the individuals cell (working, eating, sleeping) The Auburn System  Congregate work system  Built in 1816  Multiple-level inmate cells located in the center of a secure building  House more prisoners in much less space with less expense  No windows or exercise area  No flush toilets or central heating  Inside cell block architecture o Became distinctive feature of the american penal system Work and Punishment  Cells only for sleeping  Congregate work system: inmates moved to other areas for work, dining, and recreation o Needed higher security due to movement o Silent system more difficult to enforce  Corporal punishment for violations of the rule Solitary Confinement  1821 legislature passed law requiring the "worst inmates" to be placed in solitary confinement o No work to do, no exercise yard, very small cell  Many inmates had mental breakdowns and committed suicide Economic Self-Sufficiency  Prison combined their labor in larger and more profitable industries and construction projects  Sale of prison made goods was very successful  After 13 years, warden announced that he no longer needed state funds to run the prison  Auburn system became the prototype of the american prison Southern Penal Systems Convict Lease System  Prisons practiced the system to supply farms with labor once provided by slaves  Inmate labor was used for agricultural work, some factory and construction work  Private contractor assumed all responsibility for the care and support of inmates and paid the state a fee for the inmates' labor Chain Gangs  Worked 12 to 15 hours a day  To prevent escapes when the prisoners worked in open areas, they were shackled together Prison Farms  Replaced the prisoner lease system in the 1930s  Aka the plantation system  State used inmate labor to maintain large prison farm complexes The Contemporary Correctional System Highest Incarceration Rate in the World  Less than 5% of the world's population, 25% of the worlds criminals Nonviolent Offenders Less than half incarcerated are violent offenders   War on drugs increased imprisonment for drug use Causes of High Incarceration Rates  Philosophy of incapacitation rather than rehabilitation  Emphasizing mandatory sentencing, long prison terms, reduced discretion of judges to adjust sentences, and enhanced sentences for repeat offenders  Can be argued that we have a lot of people in prison, but it's not because the laws are unjust, but because there are too many people who are causing havoc in the community The Rising Cost of Incarceration  Three changes had a significant influence on the rising cost of incarceration Education and Rehabilitation Programs  Lombroso-based correctional philosophies that criminality is an inherited trait o Assumes that criminals are biologically distinct from and inferior to noncriminals o No need for rehabilitation programs  Now there is the financial burden of education and rehabilitation programs Restrictions on Prison-Made Goods and Services  During the great depression, the federal government passed laws prohibiting the sale of convict-made products that competed with local businesses on the open market o Took away a significant income for prison operations Recognition of Constitutional Rights of Prisoners  Abandonment of the philosophy of civil death for inmates resulted in significant increases in the cost of incarceration  Warren Court decided that the constitutional protections extended to prisoners and prisoners were given the right to file lawsuits concerning the conditions of their incarceration Number of Prisons  More incarceration means more need for prisons Cost of Corrections  Increased 127% in the last 20 years  Some states spend more on corrections than they do on higher education  Cost of imprisonment forces states to examine alternatives Jails Short-term Facilities  Jails are short-term facilities that are used for more purposes  Hold local, state, federal and military prisoners  Majority in local jails have not been convicted of a crime but are waiting to be charged, tried, or transported to another institution Native American Country Jails  Hold only native americans living in native american country who have been sentenced by a native american court for an offense committed there  Restricted by the crimes and punishments which they have control over  Maximum sentence is one year Federal Jails  House inmates incarcerated for misdemeanor offenses  Maximum sentence is one year  Primary purpose is to hold federal jail inmates convicted of misdemeanor crimes and federal jail inmates awaiting adjudication or transfer City and County Jails  Face some of the most difficult challenges of the various correctional institutions  Size of inmate populations of jails varies significantly Varying Jail Conditions  Prison life varies Jail Operation Major responsibility of sheriffs' offices  o If not, they are operated by a county department of corrections employing only civilian personnel  Jail staff and facilities must have the ability to serve the variety of inmates Functions of Locally Operated Jails  See page 216 for list Jail Population  doubled since 1983  Blacks three times more likely than Hispanics and five times more likely than whites Municipal Jails  Primary purpose of these holding cells is to temporarily house arrestees until they can be booked and moved to another facility or pay their bail or until detectives can determine whether they are to be charged with a crime  People typically are not confined longer than 48 hours State Prisons  Containing only convicted offenders, usually felony inmates sentenced to prison as punishment for a crime  Population of inmates usually have similar characteristics  Inmates require educational, counseling, vocational, and recreational programs that are usually not required of local jails Prisoner Classification  Prisons are distinguished by security level and the programs available to inmates  Process of prisoner classification, performed in a specially designated facility, is commonly known as reception and diagnosis Prison Consultants and Prison Classification  Prison consultants are private for-profit advisors who are familiar with the prison culture and classification process o Can lobby for good prison placement, to mitigate sentence length, and to offer crash courses in prison culture for their client o Offer advice on how to behave in prison to minimize risk Induction into the prison  Exchange of clothing  Extensive searches  Assigned prisoner identification number Inmate Placement  Includes decisions such as to which correctional facility the inmate should be assigned, the inmate's security risk level, and the living environment of the inmate Living Environment  Single cell, multiple-inmate cell, or dormitory style housing  Inproper assignment may result in injury or death to an inmate Change in Classification  Can be changed based on behavior, status, or other considerations Special Prison Populations  Some prisoners not suited to transfer to the general prison population  Inmates with characteristics that may result in significant risks to themselves or others are referred to as special prison populations Mental Stability  Multiple classifications to determine stability Lifestyle Age Gang Affiliation Women Equality of Male versus Female Prisons Health Issues for Women Victimization Dependent Children and Broken Families Institutional Racism and Incarceration  Ratio of minorities to whites in prison  Disproportionate confinement rate for minorities Deprivation of the Right to Vote Federal Prisons  Oversight is balanced between the legislative, executive, and judicial branches of the federal government  Congress funds The Federal Bureau of Prisons (BOP)  1930-Unified prisons under the BOP  Overcrowding lead to new federal prisons being built Alcatraz  Most violent and highest security risk inmates  No educational, rehabilitation or treatment programs  Escape-proof  Closed in 1963 Federal Correctional Facilities  Range from administrative-maximum prison to minimum security federal prison camps Federal Military Prisons  For members of the armed services who are convicted of offenses under the Uniform Code of Military Justice and sentenced to imprisonment  Not under the authority of the BOP  Appearance and operation closely resembles civilian prisons Privatization Cost-Reduction Benefits  Primary reason  Allow local jails and state and federal prisons to house prisoners in private facilities and pay a per diem rate per prisoner rather than build new prisons to accommodate the increasing demand for bed space  Typically medium security Criticisms of Privatization  Argue that given the emphasis on containing costs, private companies provide less training and lower salaries to prison personnel and have higher inmate-to-correctional officer ratios than do government prisons Detriments to the Surrounding Community  Detrimental to low-income communities where most of them are located  Private companies market their services to the state on promises of providing jobs in low-income communities and providing inmate labor for community projects State Liability  State has liability for violation of inmates' constitutional rights and the abuse of inmates while housed in a private prison  State retains liability but little control Escaped Prisoners  Escape suggests that private prisons fail to provide adequate public safety regardless of the costs Prison Life Sexual Violence in Prisons  National concern inmate lawsuits claim that prison officials turn a blind eye to sexual violence in prison  Prison rape elimination act of 2003 required the BJS to develop new national data collections on the incidence and prevalence of sexual violence in correctional facilities 2004 Data on Sexual violence  42% of reported sexual violence involved staff sexual misconduct  Juvenile facilities reported the highest rates of alleged sexual violence Sanctions for Sexual Violence  Moving perpetrator to solitary confinement  Changing the inmate to a higher custody level  Transferring the inmate to another facility  Losing good time credit  Losing privileges  Confining the inmate to his or her cell or quarters 2012 Data on Sexual Violence  Surveyed former inmates  See page 229 for results Prison Gangs  Stricter control attempts to prevent gangs  Special security risks o Codes of conduct discourage obedience to prison rules o Frequently involved in trafficking of prison contraband and protection o Codes require absolute loyalty to the gang Trafficking in Contraband  Gang members extends outside the prison  Contraband is used to buy favors, recruit members, pay prison debts, and make a profit Inmate Protection  Unintended consequence of longer prison terms has been an increase in gang affiliation Physical Health in Prisons  Prisoners have significant physical and mental health problems Long-term Health Care  Increase in long term incarceration increases health care dramatically The Burden of Health Care Costs  Some costs are so burdensome on the state that state legislators and parole boards have provided for early release of these prisoners to reduce the cost to the state Drug Treatment Programs  Over 50% of inmates can be classified as drug dependent  Trying to divert offenders to treatment programs rather than prison Feeding Inmates  Low per day use for food per inmate HIV/AIDS and STDs Affects greater percentage of women   AIDs related deaths in prison have dropped  Testing is important  Pose problems for correctional employees o At risk when handling inmates Tuberculosis and Other Communicable Diseases  Prisons and jails have optimal conditions for the spread of diseases  TB more difficult than HIV because it is more easily spread by contact Mental Health in Prisons Deinstitutionalization  In 1960s mental hospitals were forced to release people committed against their will unless the state could prove that they were a danger to themselves or the public o Not enough community based facilities to take care of those that were sent out  Individuals instead ended up in jail for petty crimes they committed due to their illness Behavioral Problems  Mentally ill inmates frequently are unable to abide by prison rules and discipline  More likely to engage in fights and other violent behaviors Prisons as Contributing Factors of Mental Illness  Total institutions o Inmate has little responsibility, no decision making, no engagement in problem solving o Institution dictates needs and schedule  Prison environment; o Does not promote effective treatment of mentally ill offenders o Encourages the development of prisonization-socialization into a distinct prison subculture with its own norms, values, and sanctions Problems for the Community  Prisoners demonstrate maladaptive behaviors when they are returned to the community Notes off PowerPoint: Sesame Street  Socializing kids into culture  Alex is most recently added character o His dad is in prison o 2.3 million American's incarcerated…common in our culture o Normalize having parent in prison so kids can deal with it o 1/28 children  Average 1/ elementary school classroom Historically  Prison purpose= detain people o No talk of rehabilitation or treatment o Had to pay your own way (no cooks, laundry, services, etc.)  No segregation o Between age, race, or gender  Poor conditions o No heat or plumbing, overcrowding Reform  Benjamin rush legislated in 1787/1790  Segregated populations  Improved conditions o Food at public expense (taxes)  Prohibited alcohol and ability to purchase better conditions Eastern State Penitentiary  1829 Became the first public building in america to have toilets that flushed  "penance" and rehabilitation (serving time for sins)  Individual cells, spent majority of time, allows for self-reflection o Spent time developing a skill (everyone does something they are good at/different) o Skill building, prisoners retain profit for products  Silence->guilt/remorse->repentance-> rehabilitation -> productive lives at release o Works well if taking the view of rational choice  Rational choice theory o Can choose or un-choose crime  Structure= wheel-like (picture) o No gathering place Auburn System  Congregate work system (everyone does same thing in the same wing)  Spent little time in cell  Solitary confinement for worst criminals o Tends to bring out bad traits from people  Prototype of American prisons  Prison sell product for profit/self-sufficient Southern penal Systems  Prisoners are leased for labor  Chain gangs o So prisoners wouldn't run off  1930s leasing replaced by prison farm system US Contemporary Correctional System  America has most inmates per capita  Longest sentences  Mostly non-violent offenses  Why high rates o Pro-incarceration  More crime and more criminals?  Focus on public safety  Mandatory sentencing/longer terms as a response to increasing crime in 70s and 80s  Redefining crime o Anti-incarceration  Too many for parole/probation violations  Too many non-violent crimes  Too many minor crimes  Underagers, disorderly conduct, etc. Cost of Incarceration  education and rehabilitation programs  Restrictions on prison-made goods and services o Too much competition during the great depression  Constitutional rights of prisoners Prison Language Prison Culture  Prisoners come up with own language o So correctional officers can't tell what they are talking about  Come up with own economy  Come up with own hierarchy of power  Prisonization o To adapt to prison culture  Erving Goffman o Came up with idea of prison as a total institution (encompasses whole life)  Nothing outside of prison walls Prison Gangs  (see powerpoint)  People with power on the outside also have power on the inside of prison  More common in men prisons  Males tend to base reality off of power and violence Characteristics of Female Inmates  1/2 have been a victim of physical or sexual violence o Between 10 and 15% for males  Other health problems o Mental health, pregnancy, STDs  Motherhood Culture of Women's Prisons  The pseudo-family (pretend) o Social structures like families  Sexual violence o Less gang violence, but higher rate of abuse Dependent Children and Broken Families  1.5 million children +  80% of incarcerated women have dependent children  Female offenders have less visits o Few female prisons, so further away o Incarcerated females, grandparents get custody


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