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by: Rebecca Notetaker

Corrections Pols 353

Rebecca Notetaker
CSU Chico
GPA 2.8

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About this Document

Dr. Doris Schartmueller
Class Notes
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This 12 page Class Notes was uploaded by Rebecca Notetaker on Monday October 10, 2016. The Class Notes belongs to Pols 353 at California State University Chico taught by Dr. Doris Schartmueller in Fall 2016. Since its upload, it has received 8 views. For similar materials see Corrections in Political Science at California State University Chico.

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Date Created: 10/10/16
Corrections: institutions and methods that deal with punishment, supervision, management, and treatment of people part of a larger criminal justice system (e.g Law enforcement, courts, victim services, juvenile justice system) takes place within a larger social context which influences human behavior and reactions COMMUNITY CORRECTIONS: probation, parole In CA, parole is state level and probation is county level INSTITUTIONAL CORRECTIONS: jails, prisons 33 state prisons in CA Organized on federal, state, and local level federal government has its own prisons and community supervision KEY FIGURES 2014 year-end correctional population: 6.85M under correctional supervision; 1 in 36 adults (2.8% of adult population) 56% on probation, 12% parole, 22% prison, and 10% local jail INCARCERATION RATES: # of prisoners per 100,000 population # of prisoners per 100,000 adults time period rearrest or reconviction CORRECTIONS YESTERDAY AND TODAY a lot of the issues we deal with are the same: overcrowding, financial costs, social costs, and reform THEORIES OF PUNISHMENT The function of punishment EMILE DURKHEIM • looked at history of society and said crime was “normal” and there is ALWAYS going to be crime • everything depends on society and the time we are living in • if crime is normal, so is punishment • through punishment rituals, moral boundaries of the community are marked out • society punishes so it can defend itself punishment is used to maintain social solidarity • PUNISHMENT IN PRE MODERN SOCIETY • private vengeance • arbitrary • punishment is decided by one monarch • cruel and unusual • class-based - lower class = harder punishment CODE OF HAMMURABI (1780 B.C): • state controlled punishment was introduced THE AGE OF ENLIGHTMENT: “AGE OF REASON” 18TH CENTURY • focused on individuals: they have inherent human rights/dignity • human knowledge based on reason • limited government power • NEEDED laws passed by legislature in democratic society • government was necessary but only for ORDER and to protect citizens rights ENLIGHTENMENT AND PUNISHMENT • punishment must be based on laws • laws and punishment are minimally restrictive • punishment should fit the CRIME and NOT the CRIMINAL CLASSICAL SCHOOL OF CRIMINOLOGY CESARE BECCARIA (1738-1794) 1. Specific deterrence (criminal) 2. General deterrence (society) • when a crime is committed it is not only just for the victim but society as a whole which is why we need STRICT laws in place to punish people who commit crimes • we see crime as being done to society as a whole (e.g Mendez v State of California) • if we are not aware of the punishment we are facing, deterrence will NOT work; he believed the death penalty was too quick to influence deterrence and there would be no effect THEORIES OF PUNISHMENT RETRIBUTION IMMANUEL KANT (1792) • to achieve just dessert punishment must be based on “lex talionis” (eye for an eye) similar to • Beccaria, we should have punishment based on laws and this means having laws for retribution (eye for an eye) GOALS: fairness and justice, NOT to prevent future crime (deterrence) EXAMPLE: death penalty DETERRENCE BECCARIA (1763) BENTHAM (1789) by knowing about the punishment, we know as rational human beings that • crime will NOT pay GOALS: to achieve the greatest happiness possible for society to prevent future crimes EXAMPLE: fire extinguisher; 3-strikes laws REHABILITATION • through rehabilitation, offenders will refrain from re-offending we have to understand the CAUSES for criminal behavior then find the • right kind of treatment depending on their personal needs • individualized form of punishment (e.g treatment, drug, training, education) belief in malleability of an offender; they can CHANGE and become better • citizens GOAL: Specific deterrence EXAMPLES: 15 to life prison sentence, probation INCAPACITATION ENRICO FERRI (1897) • had a negative outlook on human nature (different from rehabilitation where they might have the potential to change) • the reason for why we punish must be based on the belief that some individuals are dangers; must be from restraining offenders from reoffending • punishment must be used to defend public • incarceration or execution to ensure that the offenders are removed from society - Incapacitation is a broad method of WHY we punish, incarceration is a way we practice incapacitation - Gross Incapacitation: we want to punish as many offenders as possible; the more we lock up, the better for society to ensure public safety - Selective Incapacitation: rather than trying to punish as many criminals as possible, we only target the ones who are “career’ criminals; we have only a few out of the many criminals who are responsible for the majority of crimes committed someone would prefer this than gross incapacitation due to COSTS. GOAL: To prevent future crime EXAMPLE: LWOP, 3-strikes Law RESTORATIVE JUSTICE • what we have to assume is that the three components: victim, offender, and community have to work together to try and resolve the issue • they will meet, and discuss why it happened; both give their point of view and also discuss community safety • separation makes offenders worse • reintegration is best for victims, offenders, and community • limited role of government GOALS: restore justice, reparation, prevent future crime (specific deterrence) Theories of punishment exercise: what is the focus of perspective for the theory of punishment? the crime or the criminal? retribution: CRIME (the punishment they deserve comes from the crime committed) deterrence: CRIMINAL + CRIME, Rehabilitation: CRIMINAL incapacitation: CRIME (doesn’t look at the criminal, pure punishment) Restorative Justice: CRIMINAL is punishment justified primarily due to a concern for the past, present, or future? All of them are concerned about the FUTURE, except retribution how does the theory view the criminal? What are the basic assumptions of human nature? retribution and deterrence assumes people are rational and they know what they are doing; they understand they have to be punished rehabilitation thinks people are good and willing to change which of these goals of punishment do you think the U.S uses the most? the least? HISTORY OF CORRECTIONS CORRECTIONAL THEMES • 1st theme: sense of compassion/humanity over concern about public safety • 2nd theme: punishment in relation to the historical context • ideas on how the best deal with criminal offenders change based on this context • we cant discuss the present without knowing about the past PUNISHMENT AND SOCIETY • political factors, economic factors, demographic factors, and cultural factors all influence HOW and WHY we punish EARLY CORRECTIONAL INSTITUTIONS IN CONTINENTAL EUROPE AND ENGLAND • Monastic confinement • Jails (gaols) • Bridewells/Houses of Corrections - Used mostly for beggars and those who could not take care of themselves - Taught them industry - Had to pay for their stay EARLY AMERICA • The first prison in America: old Newgate Prison, CT (1773) - Built in an old copper mine prisoners had to perform hard labor - Economic motive for punishment EARLY 19TH CENTURY: PRISON REFORM PENNSYLVANIA PRISON SYSTEM EASTERN STATE PENITENTIARY - Based on reform - 7 hubs that are connected by 1 central hub - All about solitary confinement - Never left their cell - Complete anonymity - One of the first public buildings to have flush toilets - Did not have to preform hard labor - Based on religion and rehabilitation AUBURN PRISON SYSTEM (1816) • Congregate but silent system - Perform hard labor - Had to march - Discipline and obedience were very important - Through discipline obedience and instruction they will become law abiding citizens MICHEL FOUCAULT (1975). DISCIPLINE AND PUNISH "New penal style" was introduced: we do not body directly anymore, we use it as WHAT LED TO THE RISE OF PRISONS • Economic motives MERCANTILISM (18TH CENTURY) • Forced labor, factory INDUSTRIALIZATION (19TH CENTURY) • Corrective detention Advances in science • • Study of prisoners as objects • The prisons were only one of several social institutions that "discipline" society JEREMY BENTHAM'S PANOPTICON • Foucault picks up the idea of Bentham • Main idea: constant surveillance rather than isolation • Circular structure • Watchtower • To maintain power and control REFORM AND REHABILITATION(19TH CENTURY) • Societal context ELMIRA REFORMATORY (NEW YORK, 1876) Reform focus • • Individualized • Education vocational • Mark system • Indeterminate sentencing • Early release THE MEDICAL MODEL (EARLY 20TH CENTURY) • Prison influenced by success of modern medicine • Strong belief in possibility of examination, diagnosis, and treatment of criminal offenders • Prisoner "classification" systems emerged EMPHASIS ON PENAL LABOR CONTINUED INTO 1930S • South: convict- leasing system • Prison industries continued to flourish until the 1930s (depression)---> new laws placed restrictions on inmate products • --->Prisons became warehouses DECLINE OF REHABILITATIVE IDEALS (1960S-1970S) • Martinson Report (1974): "Nothing works" doctrine HISTORICAL CONTEXT OF THE DECLINE OF THE REHABILITATIVE IDEAL 1. Increase in population "at risk" - large baby boom caused large amount of younger people 2. Increased opportunities for crime - more people had cars; more opportunity to move around - more people moving around and being able to be anonymous 3. Reduced situational controls - more women began to work, caused less supervision of children - less community ties and less personal responsibility to neighbors and self 4. Civil rights movement (Cullen) 5. Growing mistrust in government (Cullen) 6. Economic decline after social welfare period - caused people to believe that rehabilitation in prisons was another "social welfare" program the government could not manage - another waste of money SENTENCING AND THE CORRECTIONAL PROCESS • Who/what decides on what kind of sentence an offender should get? • Legislative body creates sentence type and length • Court personnel has some discretion: - Prosecutor - Judge - Probation Staff BASIC SENTENCING STRUCTURES Indeterminate Sentencing- minimum and maximum sentences for offenders to serve. Lots of discretion for parole board Goal: rehabilitation Problems: sentencing disparities, victims rights Determinate Sentencing- concrete amount of time. Goal: retribution, reduce sentencing disparities, victim and offender know when they are getting out - Presumptive Sentencing- legislator sets amount of time, but judge can decide based on mitigating and aggravating circumstances - Truth-in-Sentencing- must serve a certain percentage of their sentence (must serve 85% of sentence), violent offenders only in California - Mandatory Minimum Sentencing- certain crimes have a certain amount of time they must serve - Habitual Offender Statute- 3-strikes, 25 to life CONCURRENT/CONSECUTIVE • Concurrent- serving multiple terms together • Consecutive- serving multiple terms after one another CALIFORNIA • DSL (1977) • 15 to life • 25 to life • Life Without Parole 3-Strikes law (1994/2012) • • Truth-In-Sentencing (1994) CHANGES SINCE 2010; BROWN V PLATA (2011) • Prisons overcrowded Lack of medical care • - In violation of 8th Amendment • Population must be decreased by 33,000 - AB 109, Realignment PROPOSITION 47 • Passed by 59% of voters in November 2014 - Reduced 9 classifications of "non-serious and non-violent and property and drug crimes" from felonies to misdemeanors - Prop 47 also applied retroactively THE JAIL • "Intake centers" of the correctional system • Local confinement facility • Most underfunded/understudied component of correctional system JAIL POPULATION • Pretrial detainees • Inmates serving time for misdemeanors Inmates awaiting transfer to prison • • Inmates doing time in jail rather than prison due to overcrowding • Repository for homeless, mentally-ill THE CONTEMPORARY JAIL POPULATION 2014 DATA (BUREAU OF JUSTICE STATISTICS) • More than 745,000 inmates held in jails today (11% of total population under correctional supervision) - Age - Gender - Offender type - Health - Substance Abuse JAIL PROCESS • Initial booking - Holding cell to sober up - Fingerprinting, paper work • Release or detained? Classification • - Gang affiliated - Medical needs • Arraignment - California: must be arraigned within 48 hours - Decide if the person should be released or detained pretrial PRETRIAL RELEASE V PRETRIAL DETENTION PRETRIAL RELEASE 1. Bail - Cash bail - Bail bonds - Property bonds 2. Release on Own Recognizance (RoR) ADJUSTMENT TO LIFE IN JAIL • Pretrial confinement can be a very disruptive and traumatic experience DIFFERENT TYPES OF JAILS • 1st generation jail - Long corridors - Several inmates in one cell • New generation jail with indirect or direct supervision - Constant supervision - Officers with inmates in common area - Discourage violence PRISONS • Social institution- set of norms/rules ERVING GOFFMAN (1961)- Prison is a "total institution:" • - Same place and same authority - Constant immediate company of many others - Tight schedules and formal rules - Single overall rational plan to fulfill institutions goals - Total control over those confined - Prison subculture solidifies PRISON SUBCULTURE PRISON LIFE 2 major components dictate prisoner life: 1. Organizational components Formal structure, classification, rules • - Macro-level: big picture (political, economic, laws dictating prison) - Meso-level: prison facilities in each state - Micro-level: the relationships between others inmates and correctional officers 2. Subcultural components • Informal structures, prison subculture PRISON JURISDICTIONS • Federal Bureau of Prisons - Inmate characteristics: more drug offenders, more foreign citizens, higher socio-economic status • State Department of Corrections (CDCR) • Private prisons INITIAL CLASSIFICATION • In separate classification/reception center • Review of inmate material • Medical/mental health screening • Offender will be assigned to to most appropriate custody classification • Choice of prison depends on inmates security needs, space available, and inmates needs TYPES OF CORRECTIONAL FACILITIES • Minimum-security prisons - No fences - More freedom • Medium security prison - Fences - Moderate danger - No leaving - Violent offenders • Maximum security prison - Completely separate - Complete control of prisoners - No freedom • Supermax - Security Housing Units/Admin segregation - Solitary confinement - Highest risk to society


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