Three restrictions on judicial discretion:

1. Three restrictions on judicial discretion: Mandatory minimum sentences “Three strikes” Sentencing guidelines

2. Sentencing Guidelines • Typical Guideline • Criminal History Score X Offense Severity • Each combination = specific range of sentences • Do they work? • They do reduce sentencing disparity • BUT, do they simply shift discretion to the prosecutors and the legislature?

3. Corrections • Carrying out the sentence of the decreed by the judicial system • History of Corrections • Community Corrections • Intermediate Sanctions • Institutional Corrections

4. The Middle Ages to the 17th Century • The Middle Ages • Feudal period: blood feuds--> wergild • Later Middle ages (Henry VIII, Elizabeth I) • Increase in corporal and capital punishment • Bizarre and extravagant tortures • 17th Century • Poor laws and “houses of correction” • Transportation (for profit), galley slaves

5. Colonial America (1600s-1750s) • Punishment was public • Punishment was corporal or capital • Prison-like institutions existed, but were not used as “punishment”

6. COPORAL PUNISHMENTS

7. The Rise of the Penitentiary (1750-1800) • William Penn • Revised criminal code in Pennsylvania to forbid torture and mutilation; ordered new “houses of correction” • Walnut Street Prison (1790) • Other states (New Jersey, New York) followed

8. Walnut Street Jail and Eastern Penitentiary

9. Pennsylvania vs. Auburn System • Pennsylvania • Western Penitentiary, Eastern Penitentiary • Silent System • New York • Auburn Prison • Congregate System • Only difference? • Isolation of inmates during the day

10. Corrections in the 1800s • Auburn System wins debate • Easier to perform labor; the only way to perform factory labor • But, prison brutal, corporal punishment prevalent • Prison building boom (1850s) • Prison Industry • Contract system, convict-lease, state account

11. The Progressive Era • We’ve already talked about the progressives • 1920s • Attacked many social ills (working conditions, poverty….) • In Criminal Justice • Argued that rehabilitation (not punishment, penance) should be the goal of corrections • Platform of indeterminate sentences, probation, parole.

12. Corrections from 1970 to present • Faith in rehabilitation crushed • Liberals = justice model; Conservatives = punish • 1970s = deterrence • 1980s-present = deterrence/incapacitation • Return to determinate sentencing • 3 strikes legislation • Chain gangs, “strip-down” prisons

13. Pennsylvania vs. Auburn System • Pennsylvania • Western Penitentiary, Eastern Penitentiary • Silent System • New York • Auburn Prison • Congregate System • Only difference? • Isolation of inmates during the day

14. Corrections in the 1800s • Auburn System wins debate • Easier to perform labor; the only way to perform factory labor • But, prison brutal, corporal punishment prevalent • Prison building boom (1850s) • Prison Industry • Contract system, convict-lease, state account

15. The Progressive Era • We’ve already talked about the progressives • 1920s • Attacked many social ills (working conditions, poverty….) • In Criminal Justice • Argued that rehabilitation (not punishment, penance) should be the goal of corrections • Platform of indeterminate sentences, probation, parole.

16. Corrections from 1970 to present • Faith in rehabilitation crushed • Liberals = justice model; Conservatives = punish • 1970s = deterrence • 1980s-present=deterrence/incapacitation • Return to determinate sentencing • 3 strikes legislation • Chain gangs, “strip-down” prisons

17. Conscience and Convenience • Why were the first prison built? • “Penitentiaries” • “Correctional Facilities” • Why do we still build prisons if we no longer believe in rehabilitation? • Incapacitation as the “default” goal of prisons….or “convenience”

18. The Corrections Continuum • Probation • Intermediate Sanctions • Jails • Prisons

19. Probation • Father of Probation is John Augustus • Formally adopted in progressive era • Suspend sentence, in return, offender abides by “conditions of probation” • Conditions set and enforced by judicial system • Offenders who “fail” may have probation revoked, and original sentence imposed

20. Functions of Probation Departments • Pre-sentence Investigation (PSI) • Interview offender, case history, tied to rehabilitation • Includes recommendation for sentence • Supervision of Offenders • Counseling, meet with offenders • Help with job, broker community resources • Supervise (house visits, drug testing)

21. Use of Probation • Almost 2/3 of the total corrections population is on probation • Roughly 3.5 million offenders are on probation • Average Caseload = 113 • Goal has shifted • Rehabilitation to supervision/zero tolerance

22. Parole • Parole as release from prison • Discretionary release • Parole board = appointed by governor • Rehabilitation and intermediate sentences • Parole as supervision • Similar to probation supervision • Early release a privilege, therefore must follow conditions of release

23. Abolish Parole? • Typically, states move to abolish “discretionary parole release” • When this is done, “post release supervision” is still part of the process

24. How “effective” are probation and parole supervision? • Cost savings • Probation and parole are much less expensive than prison • Recidivism • Large differences in “recidivism” across jurisdictions • As high as 65% (California felons), as low as 25% (Huntsville, TX) • Depends upon “risk” of clients

25. Intermediate Sanctions Probation Prison Death ISP EM Boot Camp

26. WHY do these critters exist? • Prison crowding in 1980s • Probation viewed as failure • Need for “continuum” of sanctions

27. What is the goal of these critters? • Divert offenders from prison (save money) • Reduce recidivism (through deterrence) • Provide an option to judges that fits between prison and probation

28. Intensive Probation or Parole Supervision (IPS) • Idea is to “soup up” traditional supervision • Reduce Caseloads (15 to 40 offenders) • Daily contact with offender • Routine drug testing • Curfews, home and employment visits

29. Do ISP’s work? • Do ISP’s divert from prison? • NO, judges are reluctant to send “prison-bound” offenders to ISP (Net Widening) • Do ISP’s reduce recidivism? • NO, when compared to similar group of offenders, they actually do worse (fishbowl effect) • Similar to “California Caseload Experiments” of the 1970s

30. Shock Incarceration (boot camps) • Short, intense incarceration to “shock” the offender into his/her senses • military drill and discipline, physical exercise, hard physical labor • typically reserved for young, non-violent, first-time offenders • short time-span, typically 6 months

31. Do boot camps work? • Reduce Recidivism? • NO, boot camp graduates have similar recidivism rates as offenders who receive different sanctions • Divert Offenders? • Possible, but not likely • Depends upon where in the system they are diverted

32. Home Confinement and Electronic Monitoring • Home confinement is an old practice • Electronic Monitoring is used to enforce home confinement • Technology emerged in the 1980s • Most are bracelets that work like invisible dog fences • Tell probation/parole officers whether or not a person has broken curfew

33. Residential Community Corrections • Traditional “Half-way house” • Used to reintegrate prison inmates into society • Now • Traditional functions • Sanction for probation violators • Day reporting centers • Split sentences (probation + RCC time)

34. How do RCC’s Work? • Typically, they are house-like structures (not prison-like) • Inmates (clients) are usually free to leave during the day (job, classes) • Return at night • Most RCC’s are privately run

35. Evidence for Cost Savings and Diversion • In order to divert and save $, demonstrate that the offender would’ve went to prison if not for the intermediate sanction • Most programs demonstrate “net widening” • Exception--if correctional personnel make decision.

36. Evidence for Recidivism • None of these sanctions have demonstrated recidivism reductions. • Why not? All of them are based on the principle of specific deterrence. Example of boot camp--why would this reduce recidivism? • Exception: some incorporate intervention programs grounded in good theory

37. Evidence for Providing a “Continuum” • This is the sole “Victory” for intermediate sanctions • Offenders report that ISP is more painful than traditional probation, and some suggest it is worse than prison • Is this enough to justify intermediate sanctions?

38. Why are these Critters thriving? • Provide Continuum • Politically Powerful • Boot camp residents with shaved heads, saluting…. • Public wants “harsh” punishments • Myth of effectiveness

39. Institutional Corrections Go to jail, go directly to jail, do not pass go, do not collect $200

40. JAILS • County Level Institutions • Usually run by Sheriff and deputies • House inmates (less than 1 year) and pre-trial detainees • Conditions notoriously poor • Little programming, no medical facilities • Violence, shifting population, suicide rates high

41. Prisons • Hold individuals sentence to at least 1 year • Operated by the executive branch • Federal Bureau of Prisons (BOP) • 98 Facilities • 126,000 inmates • Most inmates (60%) are serving time for drug offense • Prisons ranked on a 1 to 6 scale (1 = FCI in Colorado)

42. State Prisons • Over 500 prisons, and 1.2 million offenders • Governor typically appoints warden • Organization • Maximum (razor wire, guard towers…) • Medium (similar to max, but less serious offenders) • Minimum (typically campus style)

43. Since the late 1970s, the total number of inmates in custody has increased dramatically

44. The incarceration rate has kept pace

45. Why the dramatic increase? • Change in public opinion, and political emphasis • Three strikes laws, “truth in sentencing” • Drug Policies • Increase in felony convictions • Factors that do not clearly influence incarceration • Crime rates • Economy

46. Profile of Prison and Jail Inmates • Racial Profile • 35% White, 44% Black, 11%, Hispanic • 11% of black males in 20s and 30s • Most (98%) are male • Most are poor, with less than a high school education • Most (60%) have been in prison before

47. The Pains of Imprisonment • Gresham Sykes • Material possessions • Heterosexual relationships • Security • Autonomy • Deprivation model vs. Importation model • Does old “inmate code” still exist? NO

48. The Inmate Economy • A black market exists in almost all prisons • Sex, drugs, alcohol, food, better living conditions… • What is the currency of the prison economy?CIGARETTES • Why not “stamp out” the prison economy? • Guards are pragmatic (worry about the big stuff) • Some guards are part of the economy

49. Prison Gangs • Similar to the “outside,” gangs are divided along racial lines • Roughly 6% of inmates identify with a gang • Gangs control economy, rackets… • Primary concern is gang violence, and the possibility of riots

50. Women’s Issues • Typically single prison per state • Get less resources • More difficult to visit • Pregnancy, motherhood • Where do children go if mothers are locked up?