Chapter 17 Corrections History of Punishment and Corrections

Chapter 17 Corrections

History of Punishment and Corrections § § § Punishment reflects customs, economic conditions, religious and political ideals Banishment/exile was the most common in ancient times Many ancient nations viewed crime as a private matter

History of Punishment and Corrections • The Middle Ages § Offenses were settled by blood feuds § After the eleventh century forfeiture of land property was common punishment § Wergilds pacified the injured party § Punishment was often a public spectacle § Prisons existed as early as 1301 (Le Stinche)

History of Punishment and Corrections • Punishment in the Seventeenth and Eighteenth Centuries § Offenders were often forced to labor for their crimes § The English Vagrancy Act of 1597 legalized deportation of convicts § The American Revolution ended transportation of felons

History of Punishment and Corrections • Corrections in the Late Eighteenth and Nineteenth Centuries § William Penn instrumental in revising Pennsylvania’s criminal code to forbid torture of offenders § Creation of the Walnut Street Jail § The Auburn prison in New York (1816) became known as the tier system (big-house concept) § Combination of silence and solitude were used as a method of punishment

History of Punishment and Corrections • The New Pennsylvania System § In 1818 the Western Penitentiary used a semi-circle design to isolate inmates § Supporters of the Pennsylvania system believed prison was for doing penance § Prison brutality flourished despite its creation to be more humane

History of Punishment and Corrections • Post-Civil War Developments § Prison overcrowding forced inmates to be housed together § Prison industries became a predominant theme § Z. R. Brockway advocated individualized treatment, indeterminate sentences, and parole

History of Punishment and Corrections • Corrections in the Twentieth Century § Mutual Welfare League proposed better treatment for inmates and resocialization of criminal offenders § Some suggested stern discipline was needed to control inmates § Reforms such as elimination of striped suits and use of exercise, visits, and mail privileges occurred § Development of specialized prisons

History of Punishment and Corrections • The Modern Era § Between 1960 -1980 litigation was used to seek greater rights and privileges § Violence became a national scandal § The alleged failure of rehabilitation § The inability of prison to reduce recidivism prompted development of alternatives such as diversion, restitution, and communitybased corrections • Contemporary Corrections § Treatment in the community is viewed as a viable alternative due to cost efficiency, overcrowding, and avoiding the stigma of imprisonment

Probation • • Probation is one of the most common legal dispositions About 40 percent of people convicted of felony offenses receive probation Involves a contract of rules and conditions which if violated can be revoked Offenders are given hearings prior to revocation (Gagnon v. Scarpelli)

Figure 17. 1 Percentage of Felons Sentenced in State Court to Prison, Probation, or Jail

Probation • Probationary Sentences § Judges commonly have the final say in sentencing offenders to probation § Misdemeanor probation usually extends the entire period of the jail sentence § Typically felony probation runs between one and five years § Nearly 2, 000 agencies monitor more than 4 million adult probationers

Probation • Probation Services § Investigation: to determine if a person is suitable for probation (presentence investigations) § Treatment: offender classifications guide treatment plans, which may include counseling and substance abuse programs § Supervision: monitoring the offender through daily to yearly checks (hotspot probation)

Probation • Probation Rules and Revocation § Rules generally include: • Maintaining steady employment • Making restitution • Cooperating with the probation officer • Obeying all laws • Meeting family responsibilities § Searches man occur without warrants (U. S. v. Knights)

Probation • Success of Probation § Nearly 60 percent of probationers successfully complete their sentence § Most common revocations are for technical violations § The success of felons on probation may be less (Petersilia)

Intermediate Sanctions § § Includes: fines, forfeitures, home confinements, electronic monitoring, intensive probation, restitution, community corrections and boot camps Intermediate sanctions are designed to develop punishments that are fair, equitable, and proportional

Figure 17. 2 The Punishment Ladder

Intermediate Sanctions • Fines § Monetary payments imposed on an offender § Commonly used in misdemeanors, they can also be used in white -collar and corporate criminality § Day fines are geared to an offender’s net daily income § One of the most commonly used sanctions regardless of their effectiveness

Intermediate Sanctions • • Forfeiture § Financially based sanction used in both civil and criminal alternatives § Forfeiture was reintroduced in American law with passage of the RICO statutes (Racketeer Influenced and Corrupt Organizations) Restitution § Used in about one-third of felony cases to repay victims § Restitution may be used a diversionary sanction

Intermediate Sanctions • • Shock Probation and Split Sentencing § Allows offenders to sample prison life § Jail sentence is a condition of probation § Shock probation is commonly used with 90 days of incarceration for the offender Intensive Probation (ISP) § Small caseloads kept under close supervision § Reintegration is a goal of ISP § Routine drug testing often results in clients failing ISP

Intermediate Sanctions • Home Confinement/Electronic Monitoring § Monitoring systems can be passive or aggressive § Hailed as one of the most successful developments in correctional policy § Saves money and avoids new construction costs without widening the net of social control • Residential Community Corrections § Includes halfway houses with a central treatment theme such as rehabilitating and reintegrating clients § May also be used as pretrial release centers for offenders who need immediate social services

Intermediate Sanctions • Boot Camps/Shock Incarceration § Typically involves youthful first-time offenders § Short periods of high-intensity discipline and training § Costs are competitive with prisons and most studies suggest recidivism is no lower than prison • Can Alternatives Work § While evidence may not suggest they are more effective than prison, the costs are less

Jails § • Originated in Europe to house those awaiting trial and punishment Jail Populations § Populations have been increasing § Nearly 700, 000 people are in jail on a daily basis § Disproportionately houses minorities § Jail Conditions are marked by violence, overcrowding, deteriorated physical conditions, and lack of treatment efforts

Figure 17. 3 Jail Populations by Age and Gender, 1990 -2003

Figure 17. 4 Jail Incarceration Rates by Race and Ethnicity, 1990 -2003

Jails • New Generation Jails § Cluster of cells surrounding a pod § Officer has visual observation of inmates § Interaction is constant and closely monitored § Most time is spent in dayrooms

Prisons § State and federal governments maintain closed correctional facilities • Types of Prisons § Categorized according to their level of security • Maximum security (elaborate security) • Medium security (less violent inmates) • Minimum security (most trustworthy inmates) • Super. Maximum Security Prisons § Ultra high-security § Common cell furniture and features have been removed § Critics charge sensory deprivation might be harmful

Figure 17. 5 Incarceration Rate, 1980 -2003

Prisons • Farms and Camps § Found primarily in the South and the West § Prisoners produce products used in government facilities such as grain and vegetable crops § Use of stun belts has been controversial • Private Prisons § More than one-third of community-based facilities in 2000 were privately operated § Critics charge private prisons are not as efficient as state-run institutions § Legal issues include: civil litigation from rights violations and lack of employee competence

Prisons • Prison Inmates: Male § Most inmates are young males, poor, with less than a high school education § Longer sentences have dictated an aging prison population § Inmates aged 51 and beyond will make up 33 percent of the total prison population by 2010 § About 80 percent of inmates have had prior sentences § Nearly 75 percent may suffer from substance abuse § Only about 18 percent of inmates were married when incarcerated

Prisons • Living in Prison § Inmates are classified and given job assignments § Major losses include: goods, services, liberty, heterosexual relationships, autonomy, and security § Loss of privacy is a major readjustment for inmates § Inmates must learn to adapt to sexual exploitation and violence in prison § Inmates participate in a black-market economy (hustling) § Influence of gangs and daily racial conflict § Prevalence of psychological problems and coping

Prisons • Inmate Society § Inmate subculture includes a unique social code which involves an argot for prisoners § Prisonization prevents reform in most inmates • The New Inmate Culture § Changes in the old subculture precipitated by Black power movement of the 1960 s and 1970 s § Minorities are more organized than Whites (Jacobs) § Gang groups are sometimes rooted in religious and political affiliations

Prisons • Prison Inmates: Females § Comprise about 5 -6 percent of adult prison population § Women inmates tend to be of three types: • Squares (noncriminal and acted on rage) • Life (repeat offender) • Cool (part of sophisticated underworld) § Women are less likely to experience violence in prison § Low self-esteem issues are common due to separation from their families § Women are often trained vocationally for women’s roles and may end up with longer sentences than males

Table 17. 1 Prisoners Under the Jurisdiction of State or Federal Correctional Authorities by Gender, 1995 -2003

Prisons • Correctional Treatment § More than 90 percent of inmates participate in some type of treatment program or activity after admission • Therapy and Counseling (psychological) • Therapeutic Communities (substance abuse) • Educational Programs (GED) • Vocational Rehabilitation (skill based) • Private Industry (free venture programs)

Prisons • Elderly Inmates § Older inmates tend to be increasing § Older inmates are most likely unmarried white men with children § Older inmates are most likely incarcerated for violent crimes § Older inmates suffer chronic health problems

Prisons • Inmate Self-Help § Inmates have organized programs to assist in the prevention of recidivism • Alcoholics Anonymous • Boy Scout Troops • Chicanos Organizados Pintos Aztlan (COPA) • Afro-American Coalition • Native American Brotherhood • Fortune Society • Seventh Step Organization

Prisons • Does Rehabilitation Work? § Robert Martinson suggested rehabilitative efforts have no appreciable effects § Recent analysis suggests that education and work programs lower recidivism rates § Treatment is most effective when matched with the needs of inmates

Prisons • Prison Violence § Sexual assault is a common threat § Congress enacted the Prison Rape Reduction Act of 2003 to deal with prison rapes § Causes of prison violence include: violence prone nature of inmates, crowded, and dehumanizing conditions § Prison Riots: occur due to unnatural environment, antisocial nature of inmates, inept management, inadequate personal practices, inadequate facilities, insufficient activity and rewards, inadequate finances, and inequities and complexities of the criminal justice system

Prisons • Corrections and the Rule of Law § The Supreme Court upheld inmate rights after 1960 s for improper or damaging prison conditions § In 1996 Congress limited inmate law suits with the Prison Litigation Reform Act (PLRA) § Gains won by inmates include: Freedom of press and speech, and medical rights

Prisons • Cruel and Unusual Punishment § In 1970 the entire prison system in Arkansas was declared unconstitutional due to over physical punishment § The Court has ruled the correctional officials who knowingly violate inmate civil rights can be held liable for damages § Hope v. Pelzer

Parole § § § Planned release and community supervision of incarcerated offenders before the expiration of their prison sentence Parole boards either grant or deny an inmates early release (except for states with determinate sentence statutes) Prediction tables help decision makers decide parole (Salient Factor Score Index)

Parole • Weblink www. usdoj. gov/uspc/

Parole • The Parolee in the Community § Offender is supervised by parole officers and subject to strict rules and personalized conditions of parole § Inmates can be returned to prison for revocation of parole § Parole population has tripled since 1980 • How Effective Is Parole? § Majority of parolees return to prison within 3 years of leaving § Prisons do little to help inmates adjust to the outside § Antisocial personality, substance abuse, and family dysfunction all contribute to postrelease recidivism

Figure 17. 6 Annual State Parole Population and Entries to State Parole, 1980 -2003

Figure 17. 7 Percent of Released Prisoners Rearrested Within Three Years by Offense, 1983 and 1994