Unit

1. Unit 9 • Prisons / Jails

2. In this week’s seminar we will discuss the relationship, if any, between changes in the rate of criminal offending and changes in the rate of imprisonment in America during the last decade.

3. The history of penal institutions The U.S. correctional system was modeled on the penal systems in Europe. Prison was intended to be punitive in nature and give convicted offenders time to reflect on their crimes as well as deter them from offending in the future. States began to develop their own prison systems and experimented with ways to modify prisoner behavior.

4. Prison Systems Describe the Auburn System

5. Auburn System New York developed the congregate system where prisoners worked together during the day and were confined by themselves at night.

6. Prison Systems Describe the Pennsylvania System

7. Pennsylvania System Pennsylvania kept prisoners totally isolated in their cells for the duration of their sentences. This was found to increase the stress levels of prisoners and in many cases eventually led to insanity, due to complete social deprivation. Rehabilitation programs were introduced in the late 19th century in an attempt to help prisoners lead productive lives upon release.

8. Prison Systems The Industrial Era

9. The Industrial Era • Prisoners used for cheap labor. • Industrial production in the North; agriculture in the South. • Labor unions complained that they could not compete. • Some prison industries exist today.

10. Prison Systems The Community-Based Era

11. The Community-Based Era Based on premise that rehabilitation cannot occur in isolation from the real world. Developed programs to include: • Half-way houses • Work-release • Study-release

12. Prison Systems Welcome to the real world

13. Welcome to the real world Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. Prison overcrowding became widespread. Greater emphasis on incarcerating non-violent drug offenders.

14. Jails Explain the Function of a Jail

15. Functions of a Jail A confinement facility administered by an agency of local government, typically a law enforcement agency, intended for adults but sometimes also containing juveniles, which holds people detained pending adjudication or committed after adjudication, usually those sentenced to a year or less.

16. Prisons Explain the Function of a Prison

17. Prisons • A prison is a state or federal confinement facility that has custodial authority over adults sentenced to confinement.

18. Jails Original purpose—Short-term confinement of suspects following arrest and awaiting trial. Current use—Jails hold those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial.

19. Jails • Annually, 20 million people go to jail. In 2004, jails held 691,301 inmates. • 12% women • 6,869 juveniles • 25% awaiting arraignment or trial • More than 50% convicted offenders • Jails also hold inmates who cannot fit in the overcrowded prisons.

20. Jails Jail authorities supervised another 71,371 inmates under certain community-based programs. There are 3,365 jails in the U.S. Most jails are designed to hold 50 or fewer inmates. Some jails are very big, like “mega-jails” in LA and NYC. 6% of all jails hold over 50% of all prisoners.

21. Unit 9 • Prison Life

22. Inmate Subculture The loosely defined culture that pervades prisons and has its own norms, rules and language. Inmates bring values, roles, and behaviors with them from the outside world when they enter prison.

23. Inmate Subculture • Describe the Inmate Social Code

24. Inmate Social Code • The informal set of rules that govern inmates and shape the inmate culture. These are unique and unwritten guidelines that expressed the values attitudes and type of behavior that older inmates demanded of the younger ones.

25. Inmate Social Code This code represents the values of interpersonal relations within the prison. Prisoners tend to group themselves together in cliques on the basis of race, sexual preference, political beliefs and offense history.

26. Inmate Prison Code There are five basic elements of the prison code. Can you identify them.

27. Inmate Prison Code • Don’t interfere with interests of other inmates—don’t rat on others • Play it cool—do your own time • Don’t whine—be a man or a woman • Don’t exploit inmates—don’t break your word • Don’t be a sucker—don’t trust guards or staff

28. The experience of prison life Once incarcerated, inmates must learn to deal with the intricacies of prison culture. They are subjected to isolation, physical attacks, and administrative punishments and must make tremendous adjustments in order to survive. Prisoners learn to obey the inmates' code of conduct, established by a subculture that does not tolerate informers, or otherwise be subject to physical and sexual abuse.

29. Prison Subculture Prison subcultures are very influential, and both inmates and staff must reckon with them. Prison subculture supports role of: • Expecting prisoners to be tough • Values that say “only the strong survive”

30. “Prison Argot” Prison “Argot”, the official prison language.

31. “Prison Argot” Prison “Argot”, the official prison language.

32. “Prison Argot” What is a Mean Dude:

33. “Prison Argot” Mean Dude: • Quick to fight • Dangerous: best left alone • Receives frequent write-ups for violations • Spends a lot of time in solitary

34. “Prison Argot” What is an Opportunist:

35. “Prison Argot” Opportunist: … takes advantage of positive experiences prison has to offer, such as schooling, trade programs, counseling, etc.

36. “Prison Argot” What is a Colonist:

37. “Prison Argot” Colonist: • Views prison as “home” •  Has many friends inside • Often holds position of power and/or respect • Does not look forward to leaving prison • Has been known to commit new crimes to return to prison

38. “Prison Argot” What is a Realist:

39. “Prison Argot” Realist: … sees incarceration as a natural consequence of criminal activity— just an unfortunate part of “doing criminal business”—follows inmate code and does not get in trouble.

40. Female Inmates There are more than 97,000 women in state and federal facilities. • 6.8% of the total prison population • Increasing at a faster rate than male inmates

41. Female Inmates According to the NIC, women offenders are: • Disproportionately women of color • In their early to mid-30s • Most likely to have been convicted of a drug-related offense • From fragmented families that include other family members who also have been involved with the criminal justice system

42. Female Inmates Women offenders are: • Survivors of physicals and/or sexual abuse as children and adults • Individuals with significant substance abuse problems • Individuals with multiple physical and mental health problems • Unmarried mothers of minor children • Individuals with a high school diploma or GED but limited vocational training and sporadic work histories

43. Female Inmates Esther Hoffman (1972) found three types of female adaptation styles to prison life: The square The cool The life Recently, another type of inmate has arrived: “crack kids.”

44. Prison Staff Like inmates, correctional officers undergo a socialization processthat helps them function by the official and unofficial rules of staff society.

45. Prison Staff Prison staffers are most concerned with custody and control. Corrections personnel are becoming better trained and more proficient, leading to greater professionalism.

46. Prisoner Rights First Amendment guarantees of freedom of speech apply to inmates’ rights in three areas: • Receipt of mail • Communications with others (especially those on the outside) • Visitation

47. Receipt of Mail • The courts generally have not allowed restrictions on receipt of published mail. • Magazines that depict deviant sexual behavior can be banned. • A prisoner’s mail can be censored if necessary for security reasons. • Magazines, newspapers, and the like must be mailed from the publisher. • Prisons cannot ban nude pictures of inmates’ wives or girlfriends.

48. Communications with Others • In McNamara v. Moody (1979) a federal court upheld an inmate’s right to write vulgar letters to his girlfriend. • Prisoners have no inherent right to publish material for use by other prisoners.

49. Visitation • The U.S. Supreme Court upheld a policy that prohibited all inmate visits in Block v. Rutherford (1984). • In Overton v. Bazzetta(2003), the Court upheld a state’s visitation plan that limited visitation for certain substance abusing inmates. • Media members get no special privileges for interviews, but cannot be denied correspondence. • Policies for media access must be administered fairly and without bias.

50. What is a “jailhouse lawyer”? • A practicing attorney who works for free in jails and prisons. • A lawyer with a mean reputation who wins appeal cases. • An inmate with knowledge of the law that can assist another inmate on how to file petitions.