Corrections in America An Introduction Eleventh Edition

1. Corrections in AmericaAn IntroductionEleventh Edition Allen, Latessa, Ponder and Simonsen Chapter 3: Correctional Ideologies: The Pendulum Swings

2. Overview • Previous chapters asked: ”Who are offenders and what shall we do with them?” • Punishment? • Reform? • Education? • Medical model? • Reintegration?

3. Conflicting Correctional Ideologies Correction Ideology Refers to a body of ideas and practices that pertain to the processing of offenders, as determined by law

4. Conflicting: cont. The actions of corrections are shaped by the ideology subscribed to or by the will of citizens being served and protected

5. Conflicting: cont. Ideologies of society supply the bases and rationalization of efforts Draconian to semi-human . . . aimed at getting criminals off the streets

6. Conflicting: cont. Ideology will shift with time and experience Unproven efficacy of one ideology has led some to commit vast sums of money…perhaps to be shackled to a worthless plan

7. Ideology cont. Three basic reasons for punishment: 1. Retribution or Getting Even Over time this has transferred from the individual to the state 2. Deterrence Punishment that is closely linked to the crime will discourage reoccurrence 3. Incapacitation To isolate…remove or cripple offenders in some way. This theory finds no hope for rehabilitation.

8. The Effects of Punishment • Some punishments can be effective when applied in the right amounts and at the right time • In some cases, a necessary precursor to treatment

9. Punishment’s Effects cont. 3. The result in a correctional institution is often negative for both the punished and the punisher 4. Correctional personnel are always on the lookout for “Do-Nots” 5. Creates environment of almost no leeway to “do” anything

10. Punishment’s Effects cont. 6. Harsh punishment by law does not create much respect of law . . . even when punishments are swift, harsh, and certain

11. Punishment’s Effects cont. 7. Overuse of punishment, in a society that claims to be open and free, creates a situation in which the punished can characterize the punishers as persecutors of the poor and helpless • Why?

12. Punishment’s Effects cont. 8. Minority groups are likely to blame their incarcerations on repression by the rich, political persecution, or attempted genocide 9. This can create a cycle where punishments are made more and more severe, a desperate but hopeless effort to overcome their ineffectiveness

13. Punishment’s Effects cont. 10. Offenders become more and more skilled . . . and both parties are degraded in the process

14. Punishment as Deterrence Punishment is the least effective means of reducing crime Over-severe application of punishment can arouse sympathy for the offender Those imprisoned are already accustomed to experiencing frustration of personal goals

15. Punishment Least Effective cont. Not possible to fashion a legal “slide rule” to determine exact degrees of retribution for the entire spectrum of crime

16. Punishment Least Effective cont. Simple application of coercion does not guarantee that offenders will alter their behavior to conform to new norms or conformity with norms previously violated . . .

17. Punishment Least Effective cont. Deterrence varies with the chance of keeping the crime a secret, thus avoiding Social Reprobation

18. Punishment Least Effective cont. Significance of punishment lies in the viewpoint of the offenders: Unjust? Just? May be able to lead to a morepro-social life

19. Punishment Trends. • 1.5 million prison inmates by the year 2010. • Need to open a new 900 bed prison every other week for the next five years • 4,000 new correctional officers each year • 100,000 elderly prisoners by 2020 • Will remain #1 in the rate of incarceration per 100,000 residents • 8 million persons under correction supervision

20. The Treatment Ideology The trend is to treat offenders much as one would treat the mentally ill, neglected, or under-privileged It is NOT a “soft-approach” . . . it CAN be used in the most restrictive and security-oriented institution

21. Treatment cont. Why treat? Treatment prepares for life after prison Punishment leaves little room for treatment

22. Treatments cont. The Medical Model Developed in the 1920s and 1930s Once problem identified, then treatment could begin

23. Treatment cont. • Indeterminate sentencing at the core of the treatment model • Before 1975, Federal and all state systems had indeterminate sentencing • Parole boards had broad discretion in determining when offender was ready to be released

24. Treatment cont. • Since 1975, almost two-thirds of the States and the Federal System now have limited parole discretion . . . Why? • Inmates released through parole board discretion declined from 72% (1976) to 39% (2003) . . . Why?

25. Reintegration Model • Assumptions are made about the causes and solutions to crime and the criminal • Community was seen as the basic etiological factor • Offender is a product of community that excluded, failed to provide, or discriminated against offender

26. Reintegration Model cont. • Treatment best addresses the underlying community problems • Poverty rates • Investing in children • Urban revitalization • Head start programs • Job training

27. Reintegration Model cont. • Reintegration requires the offender’s participation • Correctional agencies serve as brokers for services • Works best when several officers can specialize to maximize the opportunities

28. The Prevention Ideology • Recidivism rates range from 40%-70% • Perceived minimal success of current programs • Almost all offenders are released back into community

29. Prevention cont. • Prevention steps include: • Identify those at risk as future offenders; this is very difficult to do as the Sheldon and Eleanor Glick studies have shown • Specialized classes • Vocational education

30. Prevention Methods cont. • Counseling • NOT expulsion from school • Physical infrastructure • Lighting • Window bars, fences, locks

31. Prevention Methods cont. • Maximum use of resources in areas of high poverty, for crime prevention • Community awareness programs • . . . criminal justice agencies tend to create more problems for minor offenders

32. The Pendulum Swings • Prison populations have soared • Scarce resources used to add beds, food, and custody staff • Get Tough at all levels“exacerbates” this situation

33. Restorative Justice • Balanced and Restorative Justice Model (BARJ) • Makes amends to victims and community • Increases offender’s competencies • Protects public by including victims, community, and offenders as active participants

34. Restorative cont. • BARJ addresses many of the issues of the Victim’s Rights Movement • Victims have little input in resolution? • Rarely feel heard? • Lack of remorse from an offender?

35. Philosophy • Crime injures victims, communities, and offenders • Obligation to make things right • All parties should be part of the response to the crime

36. Philosophy cont. • Accountability • Repairing the harm and rebuilding relationships in the community

37. Four Major Developmentsin the Last Century • Abandonment of the Medical Model • Shift to determinate sentencing • Intermediate punishment • Restorative justice

38. Other Developmentsin the Last Century • Mandatory sentence enhancements for use of a gun • Truth-in-Sentencing . . . so called 85% rule • Reemergence of retribution

39. Adults under Correctional Control1980-2010**Data extrapolated to 2010 Source: Bureau of Justice Statistics (2002). Correctional Populations, 1980- 2000 (http://www.ojp.usdoj.gov/bjs/glance/tables/corr2tab.htm). Data for 2010 are estimated.

40. Summary • Corrections in America is in a crisis and at a crossroads • Some programs exacerbate already overcrowded prisons and thus more prone to violence • Custody and control now rule • Need to identify the best or combination of ideologies