CHAPTER

1. CHAPTER 14 • Prison Life

2. Total Institutions • … places where people work, play, eat, sleep, and recreate together on a daily basis (coined by Erving Goffman, 1961). • Examples of total institutions: • Prisons • Concentration camps • Summer camps • Mental hospitals • Seminaries

3. The Male Inmate’s World

4. Prison Subculture New inmates undergo a process of prisonization, through which they learn convict values, attitudes, roles, and language (argot) that make up the prison subculture.

5. Prison Subcultures Two Models of Prison Society: • Deprivation model—Prison subculture is an adaptation to the situation. • Importation model—Inmates bring values, roles, and behaviors with them from the outside world when they enter prison.

6. Prison Lifestyles and Inmate Types Some of the types of inmates that researchers have described are: • Mean dude • Hedonist • Opportunist • Retreatist • Legalist • Radical • Colonist • Religious • Realist

7. Inmate Types • Mean Dude: • Quick to fight • Dangerous: best left alone • Receives frequent write-ups for violations • Spends a lot of time in solitary • Prison subculture supports role of mean dude by: • Expecting prisoners to be tough • Values that say “only the strong survive”

8. Inmate Types Hedonist: … builds life around limited pleasures in prison (smuggling, gambling, drug running, homosexuality, etc.). Opportunist: … takes advantage of positive experiences prison has to offer, such as schooling, trade programs, counseling, etc.

9. Inmate Types Retreatist: … attempts some form of psychological retreat from realities of prison, often becoming heavily involved in drug and alcohol use leading to depression and mental illness. Legalist: … the “jail house” lawyer—fights confinement through the law.

10. Inmate Types Radical: … views himself as a political prisoner, society = the oppressor. Religious: … has strong religious ties and may be “born again.”

11. Inmate Types • 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

12. Inmate Types 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.

13. Homosexuality in Prison Prison subculture both constrains and promotes homosexuality. • Words within argot describe homosexuality. • Newcomers frequently preyed upon. • Sex used as a commodity. • Prison rape does occur.

14. Homosexual Assault in Prison Sexual assaults in prison are likely to leave psychological scars long after the physical event is over.

15. Homosexual Assault in Prison • Most sexual aggressors do not consider themselves homosexuals. • Sexual release is not the primary motivation for sexual attack. • Many aggressors must continue to participate in gang rapes to avoid being victims themselves. • The aggressors have themselves suffered much damage to their masculinity in the past.

16. Women’s Prisons

17. National Profile of Women OffendersThe National Institute of Corrections (2003) • 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

18. National Profile of Women OffendersThe National Institute of Corrections (2003) • 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

19. Institutions for Women General descriptions of institutions that house women inmates include: • Usually located in towns with fewer than 25,000 • inhabitants. • Typically not designed to house female inmates. • Some also house men. • Few have programs especially designed for • female offenders. • Few major disturbances or escapes reported. • High rates of substance abuse. • Few work assignments.

20. Social Structure in Women’s Prisons Some researchers have discovered a social structure in which women form relationships with each other that are similar to those experienced outside of prison life. • Courtship, marriage • Kinship systems • Additionally, lesbianism and staff- • inmate sexual misconduct exists.

21. Violence in Women’s Prison Violence is less frequent than in men’s facilities. Violence sometimes comes from staff.

22. Addressing the Problems of Imprisoned Women • The Task Force on the Female Offender • recommends the following changes: • Make substance abuse programs available. • Build greater literacy skills. • House females in separate facilities. • Develop programs allowing women to keep children in the facility. • Ensure equal access to assistance with programming.

23. Prison Staff

24. About 350,000 people are employed in corrections. Staff roles can include: Warden Psychologist Counselor Area supervisor Program director Instructor Correctional officers Physician Therapist The Staff World

25. Correctional Officers Like inmates, correctional officers undergo a socialization process that helps them function by the official and unofficial rules of staff society.

26. Custody + Control • Prison staffers are most concerned with custody and control. • Has led to institutionalized procedures for ensuring safety.

27. Professionalism of Correctional Officers Corrections personnel are becoming better trained and more proficient, leading to greater professionalism.

28. Prison Riots

29. Prison Riots • 1971—Attica Prison, NY • 1987—Atlanta Federal • Penitentiary • 1989—State Correctional Institution, Camp Hill, PA • 1993—Southern Correctional Facility, Lucasville, OH • 2004—Arizona State Prison • complex-Lewis

30. Insensitive prison administration and neglected inmate demands Carry-over of violent criminal lifestyles Dehumanizing prison conditions, including:—overcrowding—lack of personal expression Regulate inmate society and redistribute power among inmates Power vacuums are created among prison administration Causes of Prison Riots

31. Explosion which involves binges (alcohol and drugs), burned buildings, hostage taking, settling of old grudges Organizationinto inmate led groups Confrontationwith authorities Termination through negotiation or physical confrontation Reaction and explanation usually by investigative commission Stages of Prison Riots

32. Prisoner Rights

33. Prior to the 1960s, American courts had taken a neutral approach—commonly called the hands-off doctrine—toward the running of prisons. Rested on the belief that inmates experienced civil death. Hands Off Doctrine

34. In Pell v. Procunier (1974) the U.S. Supreme Court established the “balancing test.” Balancing test—attempts to weigh the rights of individuals against the state’s authority to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens. Legal Basis of Prisoner Rights

35. 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 Communications and Visitation

36. 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. Communications and Visitation

37. 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. Communications and Visitation

38. 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. Communications and Visitation

39. The First and Fourteenth Amendments provide the basis for inmates’ rights claim in the area of religious freedom. Religious Freedom

40. Established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship. Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. Religious Freedom Cruz v. Beto (1972)

41. Prisoners in segregation do not have to be permitted the opportunity to attend religious services. Religious Freedom

42. Possessing Items of Worship In Dettmer v. Landona federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts needed for worship. Drugs, dangerous substances, and dangerous items of worship may be banned. It is acceptable to ban wearing beards, even those grown for religious reasons (Hill v. Blackwell [1985]). Religious Freedom

43. The Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person 1) is in furtherance of compelling governmental interest; and 2) is the least restrictive means of furthering that compelling governmental interest.” Religious Freedom

44. Bounds v. Smith (1977) recognized the right of prisoners to petition the court. It is the duty of the state to assist prisoners in preparation and filing of legal papers. Assistance could be in the form of trained personnel or institutional law libraries. Access to the Courts and Legal Assistance

45. The Court in Lewis v. Casey (1996) overturned part of Bounds. Prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” Access to the Courts and Legal Assistance

46. The Court in Johnson v. Avery (1968) held that prisoners under correctional supervision have a right to consult “jailhouse lawyers” for advice when assistance from trained professional is not available. Access to the Courts and Legal Assistance

47. Indigent inmates: Do not have the right to an appointed lawyer if no judicial proceedings have been initiated against them. Must be provided with stamps for purposes of legal correspondence. Access to the Courts and Legal Assistance

48. In Estelle v. Gamble (1976) the U.S. Supreme Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for medical attention. Court held prison officials responsible for providing adequate medical care. Deliberate indifference requires both actual knowledge and disregard of risk of harm (per Hudson v. McMillan [1992]). Medical Care

49. The issue of medical care includes whether inmates can be forced to take medication. In Washington v. Harper (1990), the U.S. Supreme Court held that prisoners can refuse the involuntary administration of antipsychotic drugs unless government officials can demonstrate an “overriding justification” as to why the drugs may be necessary. Medical Care

50. In Pennsylvania Department of Corrections v. Yeskey (1998), the U.S. Supreme Court held that the Americans with Disabilities Act (ADA) of 1990 applies to prisons and to prison inmates. Medical Care