Introduction to Criminal Justice

1. Introduction to Criminal Justice Chapter 13

2. Prison Life • Principle of least eligibility: the least advantaged in outside society should lead a better existence than any person in prison or jail • Incarceration by itself is not enough • Daily life inside must be an arduous trial for prisoners • This is currently a popular philosophy

3. Prison Culture • Prisons are total institutions that can encompass every aspect of a prisoner’s life • Cannot leave or have interaction with outsiders • Every aspect of daily life is arranged • Inmates create a separate social world where power involves threats and violence

4. Question??? • Is it possible to make prisons less violent, safer, reduce predatory attacks, other negative effects of incarceration? • Or is these just necessary “by products” of maintaining people in a prison setting?

5. Profile of the Prison Population • One person out of 20 will be confined in a prison during their lifetime • The percentage is higher for minority groups (1 of 6 African American males) • Rates of women and minorities in prison grew rapidly in the 1980’s and 1990’s • Number of older inmates growing as well • Creates special problems • Mandatory sentences, sex offenders have influenced this growth

6. Older Inmates (over 40)-- Challenges • Have serious medical problems requiring expensive treatment • Tend to have the lowest rates of recidivism • Commit the least rule violations in prison • May consider “medical parole” to transfer ill older prisoners to home confinement

7. Adapting to Prison • Prisonization: inmate comes to gradually understand what is acceptable behavior in prison, as defined by other inmates** • Professional criminals (Irwin)– “Do time”; follow the rules to speed up release** • Frequently incarcerated convicts– “Jailing”; they are more comfortable inside than outside** • “Gleaning”; take advantage of prison resources to improve themselves • “Disorganized criminals”– mental illness or lower intelligence complicates adaptation to prison**

8. Prison Culture is Based on Violence • Correctional officers use threats of violence, and violence to control inmate • Among prisoners, violence is used to establish power and dominance • 26,000 inmate on inmate assaults yearly • Prison culture did not support such violence until 1970’s • Today, violence is used to establish the inmate hierarchy

9. Reasons for Violence in Prison • Deterrence against being victimized– Build a reputation • Enhances self image where other attributes (intelligence, honesty) are not respected • Allows the acquisition of material goods, illicit sex • Deprivation model– stressful and oppressive life in prison lead to aggressive behavior

10. Reasons for Violence in Prison • May have no purpose– just release of tension • Exacerbated by the experience of prison gangs • Relative deprivation– Because prisoners receive meager privileges to start, further deprivation can spark disorder

11. Types of Prison Violence • Riots– where tension builds to where it explodes in mass violence • Rapes— • 21% of all inmates in one study reported having been raped • Often afraid to report attacks • Those subject to rape near bottom of prison hierarchy • May accept rape in exchange for protection • Many victims suffer from long term psychological trauma • Issue: Condoms in prison?

12. Women’s Prisons • Much lower security requirements in most- Few medium or maximum security prisons • Profile of inmate: • Racial or ethnic minority • 25-44 age range • Non-violent drug or property crime • Unemployed • History of being abused • Drug/ and or alcohol abuser

13. Profile of Woman Inmate (cont’d) • 7 of 10 have a minor child • Her children are likely to be with a relative (not the father) or in foster care • Often are housed a great distance from their family • Virtually no prisons allow inmates to have their infants with them

14. Life in Women’s Prisons • Comparatively low levels of violence • The “pseudo family” provides a structure which mimics the family • More experienced convicts become the “father and mother”; younger members become “sons and daughters” • They rely on each other for support– Rarely engage in sexual activity

15. Correctional Officers’ Role • Must use threat of violence, or violence, to keep order and discipline • Discipline is a means of social organization, as well as a punishment • Distrust, fear and tension between the correctional officers and inmates • Hierarchical structure– • Captain: Upper level administrator • Lieutenant: In charge of discipline, order • Sergeant: Supervises unit of correctional officers

16. Correctional Officers– 6 Categories • Block Officers– supervises a unit; maintains order, well-being of inmates • Work Detail Supervisor– oversees inmate while involved in various jobs • Industrial Supervisor & School Officers– supervises those two units • Yard Officer– Very difficult, stressful • Tower Guards– mans the elevated units with firearms • Administrative Building Assignment– Visiting Room, entrances, liaison with civilians

17. Inmate Discipline • Most difficult and stressful part of correctional officer’s job • Can provoke strong defensive reactions • Discipline required depends on severity of sanction • Imposed by prison disciplinary committee • Ranges from loss of a minor privilege to solitary confinement

18. Inmate Discipline • Courts have given prison administrators significant discretion • Excessive force can be considered necessary if “legitimate security concerns” represented • Standard– Did the officer act “sadistically and maliciously?” (Low standard) • Only about 20% of inmate lawsuits charging excessive force are successful

19. Inmate Discipline • Courts have traditionally taken “hands off” approach to prisons • Leave the care of inmates to prison officials, not the courts • This began to change in 1960’s (Cooper v. Pate case, allowed inmates to file civil rights actions against prisons for unreasonable conditions • Inmates have filed suit for right to practice religion in prison, time limits on solitary confinement

20. Discipline Procedures and Rights • Fair hearing– with basic due process • 24 hour notice of changes • Right to speak at hearing • Right to call witnesses • Written notice of final decision of committee

21. Disciplinary Procedures and Rights • Since 1976, “deliberate indifference” standard emerged (Estelle v. Gamble case) • Prison officials purposefully placed inmate in harms way (later interpretation) • “Identifiable human needs” protected are food, warmth, exercise– other definitions left to lower courts to determine • Even have backtracked on hearing rights recently– May be required only when “atypical or significant hardships are imposed”

22. Parole • Definition: conditional release of inmate by commission or board before his sentence of imprisonment has expired • Based on: • Grace– have no right to release • Parole Contract– Terms by which he agrees to abide • Still technically under custodial jurisdiction of the state • Because of good time and parole, most state inmates only server 50% of maximum term

23. Other Types of Release from Confinement • Pardon: executive clemency which erases the crime and conviction • Mandatory release: Offender has served all of this sentence, except for good time reduction • Furlough (Temporary Release): For short time periods, usually for specific purposes (funeral, death bed visit)

24. Parole • Usually granted after person is sentenced to indeterminate term (up to 10 years) • Parole Board then determines appropriate date for release of offender • Parole is a privilege, not a right • Many states have a minimum period which must be served before parole eligible • Murderers, some drug distributors, sex offenders can receive life without parole • “Three strikes” (Habitual Offender) laws have also prohibited parole for certain repeaters

25. Discussion Question??? • What factors do you think the Parole Board should consider in considering the release of an inmate on parole?

26. Role and Function of Parole Board • Determine which offenders should be placed on parole (Parole Grant hearing) --Tends to be a short proceeding where board reviews information about the background and adjustment of inmate • Determine the conditions of parole to aid in the supervision of the offender • Discharge the offender when the conditions of parole have not been met • Decide if parole should be revoked when violations occur

27. Truth in Sentencing Movement • Indeterminate sentences and parole decisions seen as arbitrary and unfair– wide disparity in terms imposed and served • Some state implemented determinate sentencing– required terms without parole • Offenders must be released at expiration, minus good time

28. Truth in Sentencing Movement • Federal sentencing guidelines implemented– 1987 • Greatly curtailed judges’ discretion in sentencing • Must sentence according to a grid which considers two major factors: prior record, and seriousness of the crime committed • Federal prisoners serve 85% of terms • Some states have adopted similar systems

29. Truth in Sentencing Movement • Total of 43 states have now adopted some type of statutes which have following goals: • Eliminate parole of offenders serving less than minimum term to which they were sentenced • Increase percentage of term actually served • Give corrections officials predictable terms to manage their prison space • Policy makers know the impact each change in the law will have on the population

30. Parole Supervision • Parole Guidelines are used in a number of states to assist in determining if an offender is prepared for release • Parole Contract sets down conditions by which the offender must abide • Quite similar to probationary requirements • See Fig. 13.4, p. 354 • Revocations or modifications are determined by the Parole Board

31. Parole Officers’ Role • Similar duties to Probation Officer • Enforce conditions of parole by monitoring and surveillance • Assist offender in adjusting to community • Service broker, helper, counselor, social worker (2 hats) • Try to establish trust and commitment • Agents of change, not just control behavior

32. Parole Revocation • 47% nationally (one study) return to incarceration for violations before expiration • Parole revocation procedures similar to probation • Parole Board, not court, determines if revocation is in order • New law violations vs. technical violations (discretion of parole officer and board) • Same basic procedural rights for parolees as in probation violation– notice, right to be heard & present witnesses, confront hostile witnesses

33. Prisoner Re-entry • Definition: All activities and programming to prepare ex-inmate to return safely to the community to live as a law abiding citizen • Must adjust to changes in society and community since his confinement • Housing can be difficult to obtain (especially sexual offenders) • Record can inhibit ability to find employment • Physical and mental conditions of inmate can impede adjustment back to re-entry programs

34. Supervising Sex Offenders • New laws (state and federal) allow public to learn identities of sex offenders in their communities • Passive notification: information is open to public (web sites, public postings, lists) • Active notification: directly notify community through posters, bulletins, announcements • Most sex offenders have strict special conditions on supervision (no contact with children, stay away from parks, schools, and places where children are present, no job or activity with any contact with children)

35. Laws are Getting Tougher • Florida– passed mandatory 25 yr. term for molesting a child, plus lifetime parole • 20 states– after service of prison term, offender can be civilly committed to another non-correctional facility • Must be proof of serious difficulty in controlling offender’s behavior