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by: Ericka Williamson

Corrections SOC 332

Ericka Williamson
GPA 3.54


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This 7 page Class Notes was uploaded by Ericka Williamson on Friday October 23, 2015. The Class Notes belongs to SOC 332 at University of Idaho taught by Sommerlad-Rogers in Fall. Since its upload, it has received 6 views. For similar materials see /class/227755/soc-332-university-of-idaho in Sociology at University of Idaho.


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Date Created: 10/23/15
So 332 Corrections Text Review for Exam 2 Section IV Legal Issues in Corrections Hands off doctrine Until the 19605 the courts did not practically interfere with prison life The courts adopted a handsoff doctrine towards convicted offenders Pursuant to the quothandsoff doctrine the courts were without power to supervise prison administration or interfere with ordinary prison rules and regulations Ex parte ex parte means a legal proceeding brought by one person in the absence of and without representation or notification of other parties An ex parte decision is one decided by a judge without requiring all of the parties to the controversy to be present Habeas corpus A writ of habeas corpus is a summons with the force of a court order addressed to the custodian a prison official for example demanding that a prisoner be taken before the court and that the custodian present proof of authority allowing the court to determine if the custodian has lawful authority to detain the person If the custodian does not have authority to detain the prisoner then he must be released from custody First Amendment The amendment prohibits the making of any law quotrespecting an establishment of religionquot impeding the free exercise of religion infringing on the freedom of speech infringing on the freedom of the press interfering with the right to peaceably assemble or prohibiting the petitioning for a governmental redress of grievances Fourth Amendment The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures along with requiring any warrant to be judicially sanctioned and supported by probable cause Hudson V Palmer Although a ward of the prison system the respondent Russel Palmer claimed that his personal rights were infringed after an quotunreasonablequot and cruel quotShakedownquot by prison guard Ted Hudson He also contended that the guards intentional search and seizure was conducted solely as harassment and that there existed no reason to suspect Palmer harbored contraband The US Supreme Court however judged that a prison inmate39s rights under the Fourth Amendment could not be standardized equalized with personal rights outside penal institutions thus damage to a prisoner s personal property if sustained in custody did not usurp due process of law under the Fourteenth Amendment so long as a postdeprivation remedy was provided by the state 8th Amendment The Eighth Amendment to the United States Constitution is the part of the United States Bill of Rights which prohibits the federal government from imposing excessive bail excessive fines or cruel and unusual punishments 14th Amendment 7 The Fourteenth Amendment is relevant to correction through the due process clause Due process is the principle that the government must respect all of the legal rights that are owed to a person according to the law Due process holds the government subservient to the law of the land protecting individual persons from the state When a government harms a person without following the exact course of the law it constitutes a due process violation which offends against the rule of law No state shall deprive any person of life liberty or property without due process of the law Prison Litigation Reform Act PLRA The Prison Litigation Reform Act PLRA is a US federal law that was enacted in 1996 Congress enacted PLRA in response to a signi cant increase in prisoner litigation in the federal courts the PLRA was designed to help unclog the court system from this litigation The primary intention of the PLRA was to free state prisons and jails from federal court supervision as well as limit prisoners access to the federal courts Another way Congress tried to curb prison litigation was by setting up an exhaustion requirement Before prisoners may challenge a condition of their confinement in federal court the PLRA requires them to rst exhaust available administrative remedies by pursuing to completion whatever inmate grievance andor appeal procedures their prison custodians provide Antiterrorism and Effective Death Penalty Act AEDPA The AEDPA had a tremendous impact on the law of habeas corpus in the United States One provision of the AEDPA limits the power of federal judges to grant relief unless the state court39s adjudication of the claim resulted in a decision that was l contrary to or involved an unreasonable application of clearly established federal law as determined by the Supreme Court of the United States or 2 based on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding 0 Search and seizure rights of those on probation and parole Because probationers and parolees waive their 4Lh amendment rights probation and parole officers may conduct searches at any time without a warrant and with the probable cause needed by police officers 0 Baze V Rees Baze v Rees 553 US 35 2008 was a United States Supreme Court case The court agreed to hear the appeal of two men Ralph Baze and Thomas Bowling who were sentenced to death in Kentucky The men argue that executing them by lethal injection would violate the 8th Amendment prohibition of cruel and unusual punishment Under court precedent lethal injection must not in ict quotunnecessary painquot The men39s attorneys argued that the chemicals used to kill them carried an unnecessary risk of in icting pain during the process The supreme court upheld the use of lethal injection so long as it administration did not carry an objectively intolerable risk of harm 0 Furman V Georgia Furman v Georgia 408 US 238 1972 was a United States Supreme Court decision that ruled on the requirement for a degree of consistency in the application of the death penalty In the case the victim awoke in the middle of the night to find William Henry Furman burgling his house At trial in an unswom statement allowed under Georgia criminal procedure Furman said that while trying to escape he tripped and the weapon he was carrying fired accidentally killing the victim This contradicted his prior statement to police that he had turned and blindly red a shot while eeing In either event because the shooting occurred during the commission of a felony Furman would have been guilty of murder and eligible for the death penalty under thenextant state law Furman was tried for murder and was found guilty based largely on his own statement He was sentenced to death Although he was sentenced to death the punishment was never carried out 0 Gregg V Georgia this case reaf rmed the United States Supreme Court39s acceptance of the use of the death penalty in the United States upholding in particular the death sentence imposed on Troy Leon Gregg The Court went farther than it had in Furman by holding once and for all that capital punishment was cruel and unusual punishment that violated the Eighth Amendment However the Court responded that quotThe most marked indication of society s endorsement of the death penalty for murder is the legislative response to Furmanquot Both Congress and 35 states had complied with the Court39s dictates in Furman by either specifying factors to be weighed and procedures to be followed when imposing a death sentence or dictating that the death penalty would be mandatory for speci c crimes 0 Woodson V North Carolina That a North Carolina law establishing a mandatory death sentence for all convicted rstdegree murderers constituted a violation of the Eighth and Fourteenth Amendments to the Constitution The ruling was that North Carolina law was unconstitutional because it failed to take into account the quotfundamental respect for humanity inherent in the Eighth A J quots A 39 that A 39 39 be quotexercised within the limits of civilized standardsquot 0 Coker V Georgia Coker v Georgia 433 US 584 1977 held that the Eighth Amendment to the United States Constitution forbade the death penalty for the crime of rape of a woman While serving several sentences for rape kidnapping one count of rst degree murder and aggravated assault Erlich Anthony Coker escaped from prison Coker broke into Allen and Elnita Carver39s home near Waycross Georgia raped Elnita Carver and stole the family39s vehicle Coker was convicted of rape armed robbery and the other offenses He was sentenced to death on the rape charge after the jury found two of the aggravating circumstances present for imposing such a sentence that the rape was committed by a person with prior convictions for capital felonies and that the rape was committed in the course of committing another capital felonyithe armed robbery The Supreme Court of Georgia upheld the sentence In a 7to2 decision the Court held that the death penalty was a quot grossly disproportionatequot punishment for the crime of rape The Court noted that nearly all states at that time declined to impose such a harsh penalty with Georgia being the only state that authorized death for the rape of an adult woman Because rape did not involve the taking of another human life the Court found the death penalty excessive quotin its severity and revocabilityquot 0 Atkins V Virginia Daryl Renard Atkins was convicted of abduction armed robbery and capital murder In the penalty phase of Atkins39 trial the defense relied on one witness a forensic psychologist who testified that Readin O Atkins was mildly mentally retarded The jury sentenced Atkins to death but the Virginia Supreme Court ordered a second sentencing hearing because the trial court had used a misleading verdict form During resentencing the same forensic psychologist testified but this time the State rebutted Atkins39 intelligence The jury again sentenced Atkins to death In affirming the Virginia Supreme Court relied on Penry V Lynaugh in rejecting Atkins39 contention that he could not be sentenced to death because he is mentally retarded the Court held that executions of mentally retarded criminals are quotcruel and unusual punishmentsquot prohibited by the Eighth Amendment Since it last confronted the issue the Court reasoned that a significant number of States have concluded that death is not a suitable punishment for a mentally retarded criminal Moreover the Court concluded that there was serious concern whether either justification underpinning the death penalty retribution and deterrence of capital crimes applies to mentally retarded offenders due to their lessened culpability quotConstruing and applying the Eighth Amendment in the light of our 39evolving standards of decency we therefore conclude that such punishment is excessive and that the Constitution 39places a substantive restriction on the State s power to take the life39 of a mentally retarded offenderquot wrote Justice Stevens Eddings V Oklahoma In 1977 Monty Lee Eddings age 16 and several younger companions ran away from their homes in Missouri They drove toward Oklahoma in a car owned by Eddings s brother armed with a shotgun and ri es taken from Eddings father Eddings at one point lost control of his car momentarily and was pulled over by an Oklahoma Highway Patrol officer As the of cer approached the car Eddings red the shotgun out of the window killing the of cer he Oklahoma death penalty statute provides that in a sentencing proceeding evidence may be presented as to quotany mitigating circumstancesquot or as to any of certain enumerated quot 39 At the hearing the State alleged certain of the enumerated aggravating circumstances and petitioner in mitigation presented substantial evidence of a turbulent family history of beatings by a harsh father and of serious emotional disturbance In imposing the death sentence the trial judge found that the State had proved each of the alleged aggravating circumstances But he refused as a matter of law to consider in mitigation the circumstances of petitioner39s unhappy upbringing and emotional disturbance and found that the only mitigating circumstance was petitioner39s youth which circumstance was held to be insufficient to outweigh the aggravating circumstances The Oklahoma Court of Criminal Appeals affirmed The death sentence must be vacated as it was imposed without quotthe type of individualized consideration of mitigating factors required by the Eighth and Fourteenth Amendments in capital casesquot Roper V Simmons This case in Missouri involved Christopher Simmons who in 1993 at the age of 17 concocted a plan to murder Shirley Crook bringing two younger friends Charles Benjamin and John Tessmer into the plot The plan was to commit burglary and murder by breaking and entering tying up a victim and tossing the victim off a bridge The three met in the middle of the night however Tessmer then dropped out of the plot Simmons and Benjamin broke into Mrs Crook39s home bound her hands and covered her eyes They drove her to a state park and threw her off a bridge Roper v Simmons 543 US 551 2005 was a decision in which the Supreme Court of the United States held that it is unconstitutional to impose capital punishment for crimes committed while under the age of 18 g 12 Civil Liability Farmer V Brennan Farmer v Brennan 511 US 825 1994 was a case in which the Supreme Court of the United States ruled that a prison of cial39s quotdeliberate indifferencequot to a substantial risk of serious harm to an inmate violates the cruel and unusual punishment clause of the Eighth Amendment An amicus brief was submitted by Stop Prisoner Rape which lauded the decision The case concerned Dee Farmer a maleto female transsexual who had been incarcerated with the general male population after being transferred to US Penitentiary Terre Haute Indiana She was repeatedly raped and beaten by the other inmates and acquired HIV as a result Farmer claimed that the prison administration should have known that she was particularly vulnerable to sexual violence Deliberate indifference Deliberate indifference is the conscious or reckless disregard of the consequences of one s acts or omissions It entails something more than negligence but is satis ed by something less than acts or omissions for the very purpose of causing harm or with knowledge that harm will result In law the courts apply the deliberate indifference standard to determine if a professional has violated an inmate s civil rights Deliberate indifference occurs when a professional knows of and disregards an excessive risk to an inmate s health or safety Readin 0 g 14 Who Has the Body Habeas corpus Habeas corpus Latin meaning quotyou are to have the bodyquot is a writ or legal action through which a prisoner can be released from unlawful detention Antiterrorism and Effective Death Penalty Act AEDPA The AEDPA had a tremendous impact on the law of habeas corpus in the United States One provision of the AEDPA limits the power of federal judges to grant relief unless the state court39s adjudication of the claim resulted in a decision that was 1 contrary to or involved an unreasonable application of clearly established federal law as determined by the Suprem 2 base Readin 0 e Court of the United States or d on an unreasonable determination of the facts in light of the evidence presented in the state court proceeding Section on the Judicial Politics of Habeas Corpus Reform The purpose of this article is to place the Antiterrorism and Effective Death Penalty Act AEDPA of 1996 within a political and historical framework that describes the effort by the Supreme Court and various interested parties to restrict prisoners access to the federal courts by way of habeas corpus Of principal concem here is how an act of terrorism against the United States provides an opportunity for congress to restrict death row prisoners from obtaining habeas corpus review Along with an analysis of Supreme Court decisions three attempts to limit federal habeas corpus review for state prisoners from the late 1980s to the middle 1990s are described all of which helped Congress to pass the AEDPA a law that rati ed the Supreme Court s most restrictive habeas corpus decisions dating back some 35 years g 15 Sex Offender Laws Civil commitment is the practice of placing a person to a psychiatric hospital or ward against his or her will in compliance with mental health laws of the country Commitment is normally timelimited and requires reevaluation at fixed intervals Kansas V Hendricks Kansas v Hendricks 521 US 346 1997 is a case in which US Supreme Court set forth procedures for the inde nite civil commitment of prisoners convicted of a sex offense whom the state deems dangerous due to a mental abnormality Is civil commitment punishment Although patients involuntarily committed theoretically have a legal right to refuse treatment refusal to take medications or participate in other treatments is noted by hospital staff Court reviews usually are heavily weighted toward the hospital staff with the patient input during such hearings minimal In Kansas v Hendricks the US Supreme Court found that civil commitment is constitutional regardless of whether any treatment is provided Kansas v Crane Kansas v Crane 534 US 407 2002 is a United States Supreme Court case in which the Court upheld the Kansas Sexually Violent Predator Act SVPA as consistent with substantive due process The Court clari ed that its earlier holding in Kansas v Hendricks did not set forth a requirement of total or complete lack of control but noted that the Constitution does not permit commitment of a sex offender without some lackofcontrol determination Registration and community notification Sex offender registration is a system in the United States designed to allow government authorities to keep track of the residence and activities of sex offenders including those who have completed their criminal sentences In some jurisdictions especially in the United States information in the registry is made available to the general public via a website or other means In many jurisdictions registered sex offenders are subject to additional restrictions including housing Those on parole or probation may be subject to restrictions that don t apply to other parolees or probationers Depo Provera DepoProvera is also used with male sex offenders as a form of chemical castration as it has the effect of drastically reducing sex drive in males Section V Treatment Programming and Rehabilitation Research Rehabilitation Rehabilitation means To restore to useful life as through therapy and education or To restore to good condition operation or capacityThe assumption of rehabilitation is that people are not permanently criminal and that it is possible to restore a criminal to a useful life to a life in which they contribute to themselves and to society A goal of rehabilitation is to prevent habitual offending also known as criminal recidivism Rather than punishing the harm out of a criminal rehabilitation would seek by means of education or therapy to bring a criminal into a more normal state of mind or into an attitude which would be helpful to society rather than be harmful to society Medical model In the 1950s through the 1970s the medical model of criminal behavior was the prevailing model in corrections The medical model viewed crime as a moral sickness that required treatment Under the medical model prisoners were to remain in custody under indeterminate sentences until cured of their criminal ways Move to justice model The justice model has emerged as an quot quot to the quot quot 39 39 as a basis for sanctioning policy Retributivism or just deserts is offered as the primary justi cation for the criminal sanction in this model although sometimes in combination with incapacitation and deterrence as companion rationales for sanctioning The move to the justice model did not mean the death of rehabilitation This movement resulted in determinant fairness 39 39J quot and control of those who are in danger Cognitive Behavioral approach Cognitive behavioral therapy has been found to be effective with juvenile and adult offenders substance abusing and violent offenders and probationers prisoners and parolees It is effective in various criminal justice settings both in institutions and in the community and addresses a host of problems associated with criminal behavior For instance in most cognitive behavioral therapy programs offenders improve their social skills meansends problem solving critical reasoning moral reasoning cognitive style selfcontrol impulse management and selfef cacy Thinking errors Yocbelson and Samenow 1976 pioneered treatment theories based on challenging criminal thinking errors when the realized that modalities based on outside circumstances theories didn t work The task is to understand how criminals perceive and evaluate themselves and their world so that we can change them Type I and type II alcoholics Type II alcoholics start drinking and using drugs earlier become more rapidly addicted and exhibit many more character disorders behavior problems and criminal involvement both prior and subsequent to their alcoholism than do Type I alcoholics Type II has about a 090 gene attribution to alcohol and Type I has about a 40 Drugscrime connection o Drug use and criminality are very positively correlated o No study has failed to nd the correlation o Users of Drugs are extremely more likely to I 39139 I ideal l Participate in a wide variety of criminal activity 2 Engage in more violent crime 3 Engage in more serious crime 0 The more one uses drugs the more likely one is to be involved in criminal activity Section VI Probation and Community Corrections Judicial reprieve In English courts judicial reprieve empowered judges to temporarily suspend either the imposition or execution of a sentence in order to permit a defendant to appeal to the Crown for a pardon Abidinsky39 Allen et al Although suspension was intended to be temporary further prosecution of such cases was sometimes abandoned Allen et al Judges in the United States exercised a similar power enabling them to suspend the sentence of a convicted defendant if justice had in any way been miscarried The use of judicial power to suspend a sentence was extended to cases in which there existed no miscarriage of justice Sentences were 1 J J 39 39 to give J f J another chance Documentation of this practice in Boston dates back to 1830 Such suspensions were challenged near the turn of the twentieth century in a New York state court 1894 and later in the Supreme Court 1916 Both courts held that absent a legislative directive judges did not possess the authority to suspend sentences John Augustus During roughly the same time period a shoemakerphilanthropist in Boston named John Augustus began the practice of bailing offenders out of court and assuming responsibility for them in the community Bailing hundreds of offenders between the years 1841 and 1859 John Augustus is most often credited as being the founder of probation in the United States Augustus bailed the offenders out after conviction As a result of this favor and with further acts of friendliness such as helping the offender obtain employment and aiding the offender39s family in other ways the offender was indebted to Augustus and was willing to abide by agreements After a period of supervision in the community the bailed offenders returned to court armed with Augustus s sentencing recommendations Due to his efforts John Augustus s charges were typically spared incarceration John Augustus s probation bears much resemblance to probation as it is practiced today Augustus took great care in deciding which prisoners were promising candidates for probation He considered the person s quotcharacterquot age and factors that would impact the offender after release In dubious cases he required the offender to attend school or to be employed Thus Augustus s activities provided the origins for the presentence investigation as well as common conditions of presentday community supervision such as education or employmentNot long after John Augustus published an account of his work in 1852 the Massachusetts legislature in 1878 passed a bill authorizing the city of Boston to hire a probation of cer Abidinsky The practice of probation spread through the state of Massachusetts and was later adopted by numerous states around the turn of the twentieth century Between 1897 and 1920 for example twentysix states and the District of Columbia passed adult probation statutes Champion By 1927 all states except Wyoming had adopted some type of probation law for juveniles However probation was not available for all adult offenders in the United States until 1956Regardless of whether the origins of probation are traced to judicial reprieve or to the work of John Augustus it is clear that the guiding philosophy of probation was rehabilitation John Augustus leaves no room for doubt stating quotIt became pretty generally known that my labors were upon the ground of reform that I confined my efforts mainly to those who were indicted for their first offence and whose hearts were not wholly depraved but gave promise of better things quot Augustus Probation implies quotforgivenessquot and quottrialquot or a period during which offenders may prove themselves capable of obeying the law and abiding by society s norms Court opinions as well as state statutes generally af rm that the overarching purpose of probation is rehabilitation Brilliant Probation Probation literally means testing of behaviour or abilities In a legal sense an offender on probation is ordered to follow certain conditions set forth by the court often under the supervision of a probation officer Offenders are ordinarily required to refrain from subsequent possession of rearms and may be ordered to remain employed abide to a curfew live at a directed place obey the orders of the probation of cer or not leave the jurisdiction Benefits of probation Decreasing probation inmate ratio Sentencing guidelines Outcomes of guidelines Engaging the community to prevent recidivism Intermediate sanctions Intensive supervision probation and coercion Shock probationparole VORPS and restorative justice Section VII Parole and Prisoner Reentry Parole Zebulon Brockway Discretionary vs mandatory parole Glaze and Palla success rates of probationers and parolees What is reentry and what makes for a successful one Halfway houses House arrest electronic monitoring and GPS You should be able to recognize the cases that are marked with an asterisk by name For those that are not marked with an asterisk it is enough to know the rulingpolicy inVolVedthe matter of law that was established by the case The name may be included in the question but only for the purposes of providing information not to confuse you If I were to ask a truefalse question about one of the nonasterisk cases it would not be false because the policy was established by a different case Topics covered in class These are potential short answeressay question areas List will be narrowed on Monday Furman V Georgia Gregg V Georgia Constitutionality issues and solutions Thompson V Oklahoma Stanford V Kentucky Wilkins V Missouri Roper V Simmons Constitutionality Coker V Georgia Kennedy V Louisiana Penry V Lynaugh Atkins V Virginia 8th Amendment considerations EVolVing standards of decency Proportionality Goals of corrections and the death penalty Writ of habeas corpus Antiterrorism and EffectiVe Death Penalty Act of 1996 4 main features Pris on Litigation Reform Act Graham V Florida and goals of corrections SeX offender laws CiVil commitment 39 quot and Chemical castration Polygraph testing Basic assumptions of positiVist theory Rehabilitation and the medical model Medical model Vs justice model CognitiVe behaVioral therapy Origins of probation Sentencing alternatiVes Parole


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