Corrections Final Exam

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roots of american parole

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Alexander Maconochie
Walter Crofton

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Alexander Machonochie

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Mark System
established a form of parole in 1840
allowing inmates to earn credits ("marks") toward a conditional release now called a "ticket of leave"
"if men have the key to liberty in their hands, they will quickly insert it in the lock and thus earn their freedom"

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Walter Crofton

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Irish System
director of the irish system in 1846
improved "ticket of leave" by including revocation of that ticket if previously established conditions were violated.
provided for supervision by police

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Parole comes to the USA

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1870 convention of prison wardens and political leaders in Cincinnati, Ohio who met to address prison overcrowding and conditions.

adopted resolution in favor of parole as an early release option and for good-time laws

advocated assistance to released prisoners

urged adoption of "ticket of leave" system and argued for people

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Wickersham Commission (parole development in the early 20th century)

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issued a report in 1931 that advocated uniformity in state parole practices by recommending that states establish centralized policymaking boards to write standards and guidelines for parole practices.

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parole development in the 20th century

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1960s- opposition to parole resurfaced
1970s- research indicated that prison rehabilitation programs had few positive benefits
1980s- the american probation and parole association voiced its support of parole and objected to efforts to abolish it
2000s- 16 states and the federal government had abolished it and another 4 states had abolished discretionary parole release for certain violent offenses or other crimes against a person

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rehabilitation of the offender in the community, based on the belief that

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the cause of crime lies within the community and the manner in which the offender functions

criminal behavior results from absence of legitimate opportunity to succeed

legitimate opportunities must be provided for those returning to the community from a period of incarceration in a jail or prison

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reentry preparation

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all states have some type of prisoner reentry programming, they often include exposure to education, job readiness programs, and substance abuse counseling.

there are many barriers to successful reentry for prisoners

major problems of adjustment

to remain crime-free, offenders must receive the supervision and services that will help

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role of parole boards

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most states have a parole board, they vary in size, operating procedures, independence and selection

some members are appointed by governor, some are part of the correctional staff

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functions of parole authorities

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select inmates for parole
place inmates on parole
set conditions of release
return paroles to prison if conditions are not met
recommend commutation of sentence to the chief executive of their jurisdictions

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examples of parole conditions

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stay away orders

education

counseling

employment

drug testing

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Morrissey v. Brewer (1972)

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Due process mandates both a preliminary and a final hearing before parole can be revoked

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Gagnon v. Scarpelli (1973)

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parolees are entitled to legal representation at all revocation hearings

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Greenholtz v. Inmates of the Nebraska Penal and Corrections Complex (1979)

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Parole is a privilege not a right and only limited due process rights apply

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unconditional release

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communities fear of crime can increase

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what is a pardon?

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an act of executive clemency that absolves the party in part or in full from the legal consequences of the crime and conviction .

for the accused, pardon stops further criminal proceedings on the instant charges

can be full or conditional

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full pardon

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applies to both guilt and punishment of the offender

blots out the existence of guilt in the eyes of the law

removes an offender's disabilities

restores civil rights

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conditional pardon

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falls short of the remedies available in the full pardon

is an expression of guilt if accepted

does not obliterate the conviction

may restore civil rights

varies by state

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reentry courts

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manages the return to the community of individuals released from prison

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U.S Department if Justice proposed reentry courts have six core elements

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1. assessment and planning
2. active judicial oversight
3. case management of support services
4. accountability to the community
5. graduated sanctions
6. rewarding success

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most common reason for parole failures

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1. technical revocation
no supervision

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most likely to be on parole for what type of offense?

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drug

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how long does parole usually last?

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more than 2 but usually less than 7 years

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cruel and unusual punishment

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a penalty that is grossly disproportionate to the offense or that violates today's broad and idealistic concepts of dignity, civilized standards, humanity and decency.

in the area of capital punishment, cruel and unusual punishments are those involving torture, a lingering death, or unnecessary pain.

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how is corporal punishment used?

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corporal punishment is forced pain intended to change or punish a person's behavior.

historically speaking, most punishments were corporal in basis

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forms of corporal punishment

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spanking
birching
caning
paddle

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spanking

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by todays definition consists of striking the butt either w an open hand or various implements including a cane, belt, or strap, various whips.
most commonly used form of corporal punishment

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birching

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birch rod, typically applied to the recipient's bare butt, although occasionally to the back and or shoulders

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caning

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physical punishment consisting of a # of hits known as strokes or cuts with a wooden cane

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capital punishment began changing in the 18th century during the enlightenment

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at the turn of the 20th century some states began to ban capital punishment

by 1950, public sentiment for capital punishment faded and the number of executions dropped

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Furman v. Georgia (1972)

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temporarily banned capital punishment in the US.

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majority of federal defendants are

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black and one-half of the remaining defendants are mexican-american

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methods of execution

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lethal injection (most common)

electrocution

gas chamber

firing squad/hanging

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what is death row like?

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all but 2 states segregate death row inmates from he general pop.

most inmates spend 22 to 23 hours in a 5 by 8 or 6 by 9 foot cell

only two showers a week

must eat in their cells

usually lose their ties w the outside world. about one-half of the states allow contact visitation.

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issues of deterrence and the death penalty

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excessive cruelty (8th amendment)

equability (4th and 6th amendments)

public attitudes

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abolitionists

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avoid botched executions

some executed offenders were innocent

DNA testing has established the factual innocence of a number of death row inmates

the death penalty is inhumane

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why is the prosecutor known as the gatekeeper?

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if the death penalty is not sought by the prosecutor, it cannot be imposed

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just deserts argument

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argument that an offender should receive severe punishment bc of the nature of the crime committed

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societal protection argument

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the argument that once executed, the offender cannot commit another crime, thus protecting society

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the views of prisoners' rights

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legalistic/due process view

crime control view

humanistic view

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legalistic/ due process view of prisoners' rights

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convicted felons do not have the rights other than those derived from the constitution, congress and state legislatures ("due process")

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crime control view of prisoners' rights

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convicted felons have by definition, forfeited their right to freedom and liberty. suffering in confinement serves to deter them from future criminal behavior

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humanistic view of prisoners' rights

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philosophy that inmates are human and if given the same rights and privileges as other citizens their anger towards society will diminish and rehabilitation will take place

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three phases of developing prisoners' rights

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1. the convicted felon as-slave-of-the-state phase

2. the high-water mark of the prisoners' rights movement

3. the crime control response of the federal and state government

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phase 1: convicted felons as slaves of the state

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"hands- off doctrine" as a judicial policy- federal and state courts were reluctant to intervene in the administration of prisons unless it pertained to the 8th amendment protection against cruel and unusual punishment

1. correctional administration was best left to experts
2. society was apathetic to what went on in prisons
3. prisoners complaints involved privileges rather than rights

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phase 2- high-water mark

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a number of cases were heard and decided:
religious freedoms
personal correspondence
disciplinary procedures
quality medical care

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phase 3: crime control

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"restraining hand doctrine:
granting greater freedoms to inmates
tightening controls of inmates
Prison litigation Reform Act (PLRA)

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Prison Litigation Reform Act (PLRA) of 1996

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limits the ability of prisoners to complain about conditions of confinement and to allege violation of their constitutional rights

requires payment of fee per complaint filed

three-strikes component prevents inmates from filing repeated frivolous claims

can revoke the good time credits of prisoners who file frivolous or harassing lawsuits or present false testimony or evidence to the court

burden of proof falls on the inmate in most cases to produce clear and convincing evidence of violation

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Johnson v. Avery (1969)

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Supreme Court ruled that unless the state could provide some reasonable alternative type of legal assistance to inmates, a jailhouse lawyer must be permitted to aid inmates in filing habeas corpus petitions.

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what region executes the most people?

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the south

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men are how many more times as likely to go to prison than women?

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6 times more likely

male inmates tend to suppress emotions for real of humiliation or victimization

black males in their 20s and 30s have high rates of incarceration relative to other groups

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elderly inmates

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inmates 55 and older increased from 3% in 2003 to 5% in 2006

1 in 10 inmates will be age 50 or older

more likely to commit serious crimes- homicide & manslaughter and less likely for property & burglary offenses

geriatric center- special staff necessary

health care cost increases as the prison population ages

more vulnerable to victimization, isolation from the outside especially w family and friends

middle-aged inmates make up a growing portion of the prison population

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minorities and prison

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minorities compromise about 20% of the u.s population but make up 65% of all incarcerated offenders

racial profiling and racism in the CJS

faulty data collection

social problems

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prison classification

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assess the risk and needs of inmates

objective: balance the security needs of the institution with the treatment needs of the individual

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external classification system

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used in all federal and state prisons

assessment tool is used to assign inmates to certain security level

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internal classification system

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assigns inmate housing and facility programs

may assess dangerousness, gang affiliations, physical/mental health, reclassification

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women inmates

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represent the tastes growing population in correctional facilities

2/3 of women in prison are black, hispanic or of other nonwhite ethnic groups

young and poor

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explanations for the increase in women's incarceration

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more opportunities to commit crime as women move into jobs from which they were formerly excluded

criminal justice has become "gender blond"; harsher sentencing laws especially related to the "war on drugs"

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prisons for women: history and characteristics

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in the early days, women were confined in separate quarters in men's prisons

suffered from overcrowding, filth, harsh conditions similar to male inmates

often subject to beatings and sexual abuse by male guards

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Elizabeth Fry

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organized the women confined in London's Newgate Gaol in the early 1800s

challenged the rampant sexual abuse of female inmates

advocated that they be under the authority of other women and confined in their own institution

called for the elimination of the "silent system" so that inmates could communicate w one another to help each other reform

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traditional female crimes?

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drug offense. 2/3 of all women in federal prisons are serving time on drug charges.

have shorter criminal records than males

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women in prison characteristics

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typically had a troubled family life, broken homes, on welfare, experienced harsh discipline and physical abuse, many were victims of domestic violence

many display psychological problems, and many have substance abuse issues. face a high risk of exposure to hiv and other health issues

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Rose Giallombardo's and Esther Heffernan 1972

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a major difference between male and female prisoners- females form "fictive families" (kinship structure- mothers, aunts, grandmothers)

women attempt to establish similar relationship to that of the free world

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mothers in prison

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4,000 woman prisoners give birth each year

few institutions allow women prisoners to keep newborns with them in the prison

more than 75% of all women prisoners have children under the age of 18

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issues faced by women in prison include

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motherhood in prison- anger, bitterness and guilt
programs for incarcerated mothers- mother and child bonding programs

prison health care- lack of qualified personnel, inadequate reproductive health care, shackling during pregnancy, lack of treatment for substance abuse, lack of adequate or appropriate mental health services

sexual abuse- co towards female inmates, most vulnerable are first time offenders, the young or mentally ill, lesbian and transgendered, many of them already had a history of abuse

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most females are households at what security level?

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minimum

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causes of juvenile delinquency

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crack cocaine and gang activities contributed to an increase in juvenile crime between 1980s and 1990s

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juvenile justice system

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has suffered from a lack of consistency with regard to its mission and approach

2.2 million juveniles were arrested in 2006

media coverage of juvenile criminal activity influences policy more than actual data trends

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reform school

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was a penal institution to which especially young or first-time offenders are committed for training and reformation.

The Lyman School, the first state-sponsored reform school, opened in Massachusetts in 1848

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Parens Patriae definition

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latin tern that refers to the state as guardian of minors and incompetent people.

A concept established in 1601 to allow officials to take charge of delinquent children and place them in poorhouses and orphanages

The English and American Juvenile Systems use this doctrine

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Parens Patriae history

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historically, juvenile offenders in England were confined with adults

in 1704, Hogn Howard introduced a Roman Institutional model for juvenile offenders

American colonists brought his ideas to the new world

reformers tailored Howard's ideas to create houses of refuge, reform schools, and industrial schools for juveniles.

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juveniles may be transferred to adult court under one of three provisions

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1. waiver provisions: the juvenile court orders transfer of the case to adult criminal court
2. DIRECT FILE PROVISIONS: the prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court
3. Statutory Exclusion provisions: the adult criminal court jurisdiction for certain juvenile cases is established by state law.

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Direct file provisions

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The prosecutor determines whether to initiate a case against a juvenile in juvenile court or in adult criminal court.

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Steps in the Juvenile Justice Process

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1. contact w law enforcement
2. detained for short period
3. juvenile detention- temporary care in physically restrained facilities pending court disposition or transfer to another jurisdiction or agency
4. intake- conducted by juvenile probation department to see if evidence exists to process an allegation
5. consent decree- informal; admits to wrongdoing and follows cartain conditions
6. referral to juvenile court if cannot be handled informally
7. delinquency petition (similar to indictment for adults) may ask court to find guilty
8. probation or residential placement
9. aftercare supervision similar to parole

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how are juvenile residential facilities different from adult>

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similar to prisons for adults
number of youth committed is increasing
residential care usually includes education, vocational training, and substance abuse treatment

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profile of the juvenile delinquent

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58% involve a juvenile age 15 or younger

74% involve boys

67% involve white juveniles

most are property offenses then public order then drug offenses

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children under certain ages were not responsible for their actions and a certain category of children was in need of protection by the state ( parens patriae)

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16 and 18

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treatment of mentally ill in prison falls into three categories

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1. screening inmates at intake for mental health conditions
2. therapy and counseling
3. psychotropic medications

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why so many mentally ill behind bars?

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failure to differentiate who should be in jail and who shouldn't

failure to treat people before they enter the cis.

stricter commitment laws

less stringent discharge criteria

reductions of public funding

lack of adequate insurance coverage

three-strikes laws

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percentage of inmates 50 or older

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33%

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end-of -life programs

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formalized measures to assist terminally ill inmates through their passing

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hospice

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an interdisciplinary, comfort-oriented care facility that helps seriously ill patients to die with dignity and humanity in an environment that facilitates mental and spiritual preparation for the natural process of dying

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increase in elderly offenders poses problems for prison management

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increase in medical costs

security, work opportunities, and program issues

some units have separate housing for aging inmates

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most elderly inmates committed what type of crime?

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violent

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# of sex offenders under correctional supervision has increased due to

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public education and increase in reporting these types of crimes

laws to support and aid victims

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treatment and management of sex offenders

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treatment

supervision and surveillance

polygraph exams

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inmates and infectious diseases

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criminal offenders generally come from a high-risk group for infectious diseases

often greater than in the general us population

the rate of AIDS cases in prison is 4 times the rate of u.s. population

slightly greater proportion of female inmates than male inmates are infected

HIV inmates are sometimes housed separately from general prison population

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prisons cannot discriminate agains prisoners with disabilities

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must make reasonable modifications

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transincarceration

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movement of offenders diverted from mental health institutions to prisons

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Roper v. Simmons (2005)

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in which the court struck down the use of the death penalty for juveniles.