Prison Life Living In and Leaving Prison Prison

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Prison Life: Living In and Leaving Prison

Prison Life: Living In and Leaving Prison

Prison � More than 1, 600 adult correctional facilities in US � Many facilities

Prison � More than 1, 600 adult correctional facilities in US � Many facilities are old and decrepit � Institutions holding a thousand or more inmates still predominate the system

Entering Prisons After sentencing �Classification: deciding what type of prison to be sent to

Entering Prisons After sentencing �Classification: deciding what type of prison to be sent to ◦ Based on assessment of risk, seriousness of offense, rehabilitation potential �Types of prisons ◦ Supermax, maximum, medium, minimum (“country clubs”)

Entry Procedures � Entry procedures ◦ Depends on type of prisons ◦ E. g.

Entry Procedures � Entry procedures ◦ Depends on type of prisons ◦ E. g. , Maximum security prison: strip search, health checks, issuing of materials, personal belongings saved in property room, lecture on procedures to be followed (do what the guards tell you) ◦ Symbolic and real humiliation during entry – body cavity searches; strip of conventional identity (clothing, haircuts) ◦ Basic message: “you are ours, ” “you are powerless, ” “you ain’t nobody now” ◦ Assignment to job � Regimes (how to behave) ◦ If behave, no problems, earning good time; privileges (e. g. , conjugal visits)

Men Imprisoned � Prisons in the U. S. are “total institutions” –the lives of

Men Imprisoned � Prisons in the U. S. are “total institutions” –the lives of prisoners are totally controlled � Living in prison ◦ Personal losses include deprivation of liberty, goods and services, heterosexual relationships, autonomy, and security. ◦ Inmates must learn to cope with loneliness and dangers of prison life

Men Imprisoned (cont. ) � Inmate’s methods of coping ◦ Inmate Subculture: loosely defined

Men Imprisoned (cont. ) � Inmate’s methods of coping ◦ Inmate Subculture: loosely defined culture that pervades prisons and has its own norms, rules, and language ◦ Inmate Social Code: unwritten guidelines that express values, attitudes, and types of behavior that older inmates demand of younger ones. Represents values of interpersonal relations within the prison ◦ Prisonization: assimilation into the inmate subculture.

Inmate Social Code: Rules to Live By

Inmate Social Code: Rules to Live By

Prisonization �What do prisoners learn in the inmate culture? ◦ Criminal skills (e. g.

Prisonization �What do prisoners learn in the inmate culture? ◦ Criminal skills (e. g. , how to burglarize a house) ◦ Disrespect for authority (do not trust guards and staff) ◦ Crime as a way of life (hustling, smuggling, illegal commerce) ◦ Force is necessary to solve some problems ◦ The need for group support and loyalty (hard to survive by yourself; do not rat)

Consequences of prisonization ◦ Make reintegration into society difficult �The skills learned on how

Consequences of prisonization ◦ Make reintegration into society difficult �The skills learned on how to survive in prison do not work well outside ◦ Leads to recidivism (parole violations, new crimes) ◦ Research shows the most prisoners have become prisonized, have adjusted to life inside, after two years

Men Imprisoned (cont. ) � The new inmate culture ◦ Precipitated by black power

Men Imprisoned (cont. ) � The new inmate culture ◦ Precipitated by black power movement in the 1960’s and 70’s ◦ African American and Latin inmates are now more organized ◦ Racial polarity and tension is a dominant force ◦ Groups formed as a result of various factors: �Religious or political affiliations �To combat discrimination �Previous street gang membership

Women Imprisoned � At beginning of 20 th century female inmates were viewed as

Women Imprisoned � At beginning of 20 th century female inmates were viewed as morally depraved individuals who flouted conventional rules of female behavior. � Only 4 women’s prisons were built between 1930 and 1950. � Before 1960 few women were in prison. � 34 women’s prisons were built during 1980’s as crime rates soared.

Women Imprisoned (cont. ) � Female institutions ◦ Generally smaller than those housing male

Women Imprisoned (cont. ) � Female institutions ◦ Generally smaller than those housing male inmates ◦ Majority are minimum security ◦ Suffer from lack of health, treatment, and educational facilities ◦ Limited vocational training

Women Imprisoned (cont. ) � Primarily young, unmarried, poorly educated, minority group members �

Women Imprisoned (cont. ) � Primarily young, unmarried, poorly educated, minority group members � From broken homes � Suffered from physical and sexual abuse, domestic violence � Psychological/substance abuse problems � Subject to sexual exploitation/abuse by staff

Women Imprisoned (cont. ) � Adapting to the female institution ◦ Behavior is less

Women Imprisoned (cont. ) � Adapting to the female institution ◦ Behavior is less violent than male inmates ◦ Anti-authority inmate social code of male institutions does not exist ◦ May engage in self-destructive behavior to cope with problems ◦ Creation of make-believe families as coping mechanism

Who Is in Prison? � Inmates � Guards � Staff (education, counseling, drug treatment,

Who Is in Prison? � Inmates � Guards � Staff (education, counseling, drug treatment, rehabilitation services) � Administrators � Visitors � Each group has different needs for protection and safety

Correctional Treatment Methods � Individual ◦ ◦ ◦ and group treatment Behavior modification Aversive

Correctional Treatment Methods � Individual ◦ ◦ ◦ and group treatment Behavior modification Aversive therapy Milieu therapy Reality therapy Cognitive skills Formal education � Faith-based rehabilitation efforts

Correctional Treatment Methods (cont. ) � Special-needs ◦ ◦ ◦ ◦ inmates Drug-dependent Mental

Correctional Treatment Methods (cont. ) � Special-needs ◦ ◦ ◦ ◦ inmates Drug-dependent Mental problems Physical disability problems AIDS - infectious diseases Elderly and sick Gays and lesbians Women with children

Correctional Treatment Methods (cont. ) � Drug treatment ◦ Programs to treat alcohol and

Correctional Treatment Methods (cont. ) � Drug treatment ◦ Programs to treat alcohol and substance abuse ◦ Use of methadone ◦ Creation of therapeutic communities

Correctional Treatment Methods (cont. ) � AIDS-infected ◦ ◦ inmates Homosexual behavior and in

Correctional Treatment Methods (cont. ) � AIDS-infected ◦ ◦ inmates Homosexual behavior and in drug use increase risk Both behaviors common in prison Approximately two percent of prisoners are infected Administrators reluctance to provide education on prevention as riskiest activities are forbidden in prison

Gays and Lesbians � Need protection from other inmates and staff � Have low

Gays and Lesbians � Need protection from other inmates and staff � Have low status among other inmates � Segregation in separate housing areas (same as women with children who need special facilities to be with their children)

Correctional Treatment Methods (cont. ) � Vocational training programs ◦ Most institutions provide ◦

Correctional Treatment Methods (cont. ) � Vocational training programs ◦ Most institutions provide ◦ New York has more than 42 trade and technical courses for inmates ◦ While programs provide benefits for inmates and institutions they are subject to criticism �Inability to find related jobs on release �Equipment is inadequate or obsolete �Programs used solely for prison maintenance �Objections of unions

Correctional Treatment Methods (cont. ) � Work release ◦ Furlough programs allow deserving inmates

Correctional Treatment Methods (cont. ) � Work release ◦ Furlough programs allow deserving inmates to leave the institution and hold regular jobs in the community ◦ Inmates are able to maintain work skills and community ties ◦ Transition from prison to outside world is easier ◦ Citizens are worried about inmates “stealing” jobs from them ◦ Worries about safety and new crimes being committed while on release � Post release programs

Correctional Treatment Methods (cont. ) � Rehabilitation ◦ Robert Martinson’s “nothing works” ◦ Conservative

Correctional Treatment Methods (cont. ) � Rehabilitation ◦ Robert Martinson’s “nothing works” ◦ Conservative view of corrections currently emphasizes punishment over treatment ◦ Recent research indicates it is possible to lower recidivism rates

Guarding the Institution � Control is a complex task � Prison guards were traditionally

Guarding the Institution � Control is a complex task � Prison guards were traditionally viewed as ruthless � Now viewed as public servants � Guards play a number of roles � Despite appearances and total institutions – order is maintained in prisons by the inmates as well

Guarding the Institution (cont. ) � Female correctional officers ◦ Estimated 5, 000 women

Guarding the Institution (cont. ) � Female correctional officers ◦ Estimated 5, 000 women are assigned to all-male institutions ◦ Questions of privacy and safety ◦ Dothard v. Rawlinson (1977) ◦ Research indicates that discipline has not suffered because of the inclusion of women

Prison Violence � Inmate v. inmate � Inmate v. staff/guards � Guards/staff v. inmate

Prison Violence � Inmate v. inmate � Inmate v. staff/guards � Guards/staff v. inmate � Sexual assault ◦ In prisons – inmate on inmate gay sex; male guards -female prisoners ◦ Outside prison – prostitution rings, sex services provided by staff/guards to outsiders; “rent” out female inmates

Prison Violence (cont. ) � Contributing ◦ ◦ ◦ factors to violence Poor communication

Prison Violence (cont. ) � Contributing ◦ ◦ ◦ factors to violence Poor communication Destructive environmental conditions Faulty classification Promised, but undelivered reforms Lack of treatment programs

Prison Violence (cont. ) � Causes ◦ ◦ ◦ of individual violence Violence-prone individuals

Prison Violence (cont. ) � Causes ◦ ◦ ◦ of individual violence Violence-prone individuals Personality disorders Lack of effective grievance processes Violence as a survival mechanism Staged fights by guards

Prison Violence (cont. ) � Causes ◦ ◦ of collective violence Inmate-balance theory Administrative-control

Prison Violence (cont. ) � Causes ◦ ◦ of collective violence Inmate-balance theory Administrative-control theory Overcrowding Rise of gangs within prisons

Prisoner’s Rights � Hands-off doctrine: administrators were given a free hand to run institutions

Prisoner’s Rights � Hands-off doctrine: administrators were given a free hand to run institutions irrespective of constitutional violations ◦ Prison administration was a technical matter best left to experts ◦ Society was apathetic ◦ Prisoner’s constitutional rights viewed as limited approach � Cooper v. Pate signaled the end of the handsoff doctrine

Prisoner’s Rights (cont. ) �Minimal standards of human dignity: prisoners are still persons under

Prisoner’s Rights (cont. ) �Minimal standards of human dignity: prisoners are still persons under the law ◦ ◦ ◦ Access to courts, legal services and materials Freedom of expression Freedom of religion Right to medical treatment Access to reading materials and media Prohibition against cruel and unusual punishment – conduct which shocks the reasonable conscience (lengthy solitary confinement, shackling, excessive physical punishment,

Leaving Prison � Notice that less than 20%, one in five, of prisoners leave

Leaving Prison � Notice that less than 20%, one in five, of prisoners leave because they have finished their sentence

Leaving Prison � Parole: early release of prisoner subject to conditions set by a

Leaving Prison � Parole: early release of prisoner subject to conditions set by a parole board ◦ Decision to parole is determined by statutory requirement �Discretionary parole �Mandatory parole release

Leaving Prison (cont. ) � Functions of the parole board ◦ Select and place

Leaving Prison (cont. ) � Functions of the parole board ◦ Select and place prisoners on parole ◦ Aid, supervise, and provide control of parolees in the community ◦ Determine when parole has been completed and the parolee may be discharged ◦ Whether parole should be revoked if violations occur

Leaving Prison (cont. ) � Parole hearings ◦ Method of case review varies by

Leaving Prison (cont. ) � Parole hearings ◦ Method of case review varies by jurisdiction ◦ Consider factors such as crime, institutional record, and willingness to accept responsibility ◦ Few legal guidelines on decisions to parole or not – highly discretionary

Leaving Prison (cont. ) � The parolee in the community ◦ Must adhere to

Leaving Prison (cont. ) � The parolee in the community ◦ Must adhere to conditions of release ◦ Parole is viewed as a privilege and not a right ◦ Failure to comply with conditions of release results in return to prison � Intensive supervision parole

Leaving Prison (cont. ) � The effectiveness of parole ◦ More than half return

Leaving Prison (cont. ) � The effectiveness of parole ◦ More than half return to prison shortly after their release, many for technical violations, not new crimes ◦ Re-arrests are most common in the first six months after release ◦ Cost of recidivism is acute – high number of new criminal offenses

Leaving Prison (cont. ) �Factors leading to parole failures ◦ Consequences of prisonization ◦

Leaving Prison (cont. ) �Factors leading to parole failures ◦ Consequences of prisonization ◦ Prisons rarely address psychological and economic problems that are likely to lead parolees to recidivism ◦ Little preparation for reintegration while in prison ◦ Prisons do not allow development of skills essential to cope with outside world ◦ Disruption of home life while incarcerated and lack of support systems once released ◦ Limited resources when are released (e. g. , bus fare home) ◦ Loss of rights/inability to find employment ◦ “Civic death” laws

Civic Rights Lost by Ex. Prisoners

Civic Rights Lost by Ex. Prisoners

Reforming Prisons � The � argument: Prisons make bad people worse Reform prisons ◦

Reforming Prisons � The � argument: Prisons make bad people worse Reform prisons ◦ Ensure minimal standards of dignity and well-being ◦ minimize abuses ◦ Lessen disconnect from society � Increase external oversight ◦ Enhance transparency, oversight, legal remedies � Create and use alternatives to prisons ◦ Drug courts, intermediate sanctions, community corrections � Change the metaphor from war-making to peacemaking: use prisons only as last resort and only for those who need to be in prison ◦ Restorative justice