Chapter 13-14 Criminal Justice 101
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Criminal Justice 101
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This 0 page Class Notes was uploaded by Savannah Tipton on Sunday December 6, 2015. The Class Notes belongs to Criminal Justice 101 at Ball State University taught by Jennifer Christman in Summer 2015. Since its upload, it has received 34 views. For similar materials see Introduction to American Criminal Justice System in Criminal Justice at Ball State University.
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Date Created: 12/06/15
Chapter 13 Continued State Institutions for Women 7 of the incarcerated population are women Ratio of arrests 6 men to 1 woman Females more likely sentenced to probation and intermediate punishments 98 institutions for women 93 coed facilities Private Prisons Many jurisdictions have long contracted with private vendors to provide speci c institutional services and to operate facilities and programs for offenders who are released from prison or who are sentenced to community based programs A response to prison and jail overcrowding and rising staff costs comes from private entrepreneurs who argue they can build and run prisons as least as effectively safely and humanely as any level of government can at a pro t and lower cost to taxpayers In 2010 68 of state prisons were private and 161 of federal prisons were private Pros and Cons for Private Prisons PRO CON Cheaper Poor service and programming Reduce jail and prison overcrowding Lower wages and bene ts for of cers Receive state and federal governments burdens Poor training of of cers Same level of care Moral considerations Constitutional violations Incarcerated Immigrants The United States has experienced an upsurge in the number of noncitizen immigrants during the past 20 years The number of undocumented immigrants has been estimated at more than 12 million whereas since 2000 about 1 million immigrants per year have legally become residents Complex jurisdictional and Operational Situations Involving Incarcerated Immigrants Undocumented immigrants subject to deportation Sentenced undocumented immigrants some undocumented immigrants have been sentenced to prisons and jails for criminal offenses Usually serve sentences before being handed over to ICE for deportation Sentenced legal immigrants subject to deportation upon completion of sentence is offense is serious Jails Detention and Short Term Incarceration 3376 jails in US 2700 operate at the county level over 735000 inmates are in US jails everyday Bureau of prisons operate 12 jails housing 14000 Inmates held include o Pretrial detention Offenders awaiting sentencing Misdemeanors Hold probation and parole violators Receive prison overcrowding through contracts with the state 0 O O 0 Characteristics of Adult Inmates in US jails Management ofjails Role ofjails 0 Holding offenders awaiting trial or those convicted and waiting prison space in a state or federal facility 0 Critics jails are now a major correctional institution 0 Fiscal problems Inmate characteristics 0 High turnover of personnel 0 Lack of programs and medical services 0 High rates of suicide and mental illness The Law of Corrections 0 Prior to the 19605 handsoff policy 0 Since that time offenders have gained access to the courts 0 Case law has de ned and recognized constitutional rights of inmates 0 Civil Rights Act of 1871 state inmates are citizens with certain civil rights if violated can le 0 Section 1983 lawsuits as a result of 0 Cooper v Pate 1964 court decides civil rights act of 1871 is applied to inmates First Amendment 0 Since 1970 courts have extended the rights of freedom of speech and expression to prisoners Procunier v Martinez 1974 restricted censorship of inmate mail Turner v Sa ey 1987 ban on mail correspondence between inmates in different facilities Fourth Amendment 0 Hudson v Palmer 1984 o Prisoners don39t have protection against search and seizure o No right to privacy 0 Safety is more important searches are necessary Eighth Amendment Courts consider whether 0 The punishments shocks the conscience of a civilized society 0 The punishment is cruel o The punishment goes beyond legitimate penal aims o Estelle v Gamble 1976 o quotdeliberate indifferencequot violates 8th amendment Fourteenth Amendment 0 Due process in prison discipline 0 Wolff v McDonnell 1974 Basic procedure rights when decisions are made about the disciplining of inmates Equal protection 0 Lee v Washington 1968 Racial discrimination may not be of cial policy within prison walls Laws and Community Corrections 0 Conditions of probation and parole o Samson v California 2006 Police do not need to show reasonable suspicion to search as parolee Revocation of probation and parole o Morrissey v Brewer 1972 Parolees have a right to an attorney and a twostep revocation hearing process Parolees have a right to an attorney and a twostep revocation hearing process Law and Correctional Personnel 0 Civil Rights Act of 1964 o Inmates are protected against discriminatory practices 0 Civil liability 0 Cooper v Pater 1964 Prisoners probationers and paroees may sue correctional employees who violate their civil rights Correctional Policy Trends 0 There has been a signi cant increase in the population under correction supervision 0 Increased correctional budgets o Tougher sentences 0 War on drugs war on terrorism 0 quotlaw and orderquot election promises Chapter 14 Community Corrections Probation and Intermediate Sanctions Support for Community Corrections 0 Not all offenders deserve to be incarcerated It is cheaper than incarceration Recidivism rates no higher than for those who go to prison generally lower Probation NOT an intermediate sanction Conditional release with supervision Most commonly used sanctions such as nes restitution and community service 0 More than 42 million offenders are on probation Origins and Evaluation of Probation John Augustus 1841 Boston rst probation of cer 0 Pay bond for release 0 Meantime supervise them 0 Massachusetts 1880 0 First statewide probation system 0 1940s focus was on therapeutic counseling 0 1960s providing social services 0 19705 until current risk management How Does Probation Work Sentence is suspended Functions of a Probation Of cer Presentence investigation report Supervise clients 0 Includes drug tests 0 Violation of rules 0 Help clients obtain housing employment and treatment services Absconding person on probation does not keep in contact important to le Probation Revocation Revocation occurs by either 0 Technical violation rules of probation broken 0 New arrest or conviction Probation of cer has discretion to call the violation to the attention of the court 0 Before revocation can occur a hearing must be held Is Probation Successful Evidence is mixed recidivism especially high for drug addicted offenders Electronic monitoring reduces risk of new crime Probation recidivism is lower than prison recidivism Continuum of Intermediate Sanctions IMAGE Fines as a Criminal Sanction More than 1 billion per year 0 Used more often in lesser offenses or when nancial pro ts were high Fines may discriminate against poor offenders Many nes go uncollected especially when most offenders are poor Restitution Repay victims or carry out courtordered community service 0 Is derived from o Informed agreements between police and offenders 0 During plea bargaining o The prosecutor39s sentence recommendation Forfeiture as a Sanction Racketeer In uenced and Corrupt Organizations Act RICO 0 Federal seizure of goods and instrumentalities related to the commission or outcome of a federal act 0 Austin v United States 0 Limits government ability to seize property of offenders Great potential for abuse Home Con nement House arrest in lieu of incarceration Restrictions o curfews o checkin times 0 random alcohol and drug testing 0 as a sanction it offers a great deal of exibility 0 Some work attend school receive treatment etc Electronic Monitoring 0 Ensure compliance with house arrest and other rules 0 Problems 0 Issues of privacy and liberty 0 Compliance technologies expensive 0 Compliance tech vary 0 Recidivism rates are high Community service orders Offenders work without pay at projects that either bene t their communities or other charities Can be tailored to skills of an offender Symbolic function allows offender to remain part of the community Day reporting centers 0 A location that nonresidential clients report to on a daily basis for supervision and treatments 0 Use of multiple correctional methods Often used for probation failures 0 Success rates vary for different kinds of clients Intensive supervision probation ISP More restrictive than traditional community based programs including regular probation Probation of cer have summer caseloads to provide more intensive supervision all movements are tracked Two speci c types 0 Probation diversion o lnstitutionaldiversion Boot Camps Used mostly for juvenile offenders Also referred to as quotshock incarcerationquot 3090 days Military style program focusing on discipline After release probation of cer takes over Used mostly for juvenile offenders Also referred to as quotshock incarcerationquot 3090 days Military style program focusing on discipline After release probation of cer takes over Research is unsupportive of these programs Three Considerations 0 Which agencies should implement the sanction Which offenders should be admitted to these programs 0 Will the quotcommunity corrections netquot widen o More sanctions available more likely to sustain those new programs The Future of Community Corrections 0 Americans under community supervision grew from 37 million to 5 million over the past 10 years 0 Lack of legislative support 0 Too many control policies Supervision must be tighter