Corrections Exam 1 (Ch1,2,3,4,5).txt

the range of community and institutional sanctions, treatment programs, and services for managing criminal offenders

• protection of society
• (including: surveillance & control, treatment & rehab, incarceration)

Police, Corrections, and Courts

the large numerical difference between the number of crimes reported and the number of offenders convicted

• Cesare Beccaria
• free will
• deterrence
• hedonism

• Cesare Lombroso
• non-free will
• biological, psychological, and sociological causes of crime
• punishment should fit the crime

• Gabriel Tarde
• considers mitigating and aggravating circumstances
• intent plays a big role in determining guilt, partially used today

• individual cells
• not permitted to talk to each other
• often masked to hide their identities
• inmates were provided work such as handicrafts during the day
• inmates were encouraged to read the Bible and repent for their crimes

• separate and silent
• solitary confinement
• hard labor within the cells
• repentance
• caused mental problems
• short lived

• congregate and silent
• work in groups
• repentance and hard labor
• fewer mental problems
• adopted by other states

replaced the Auburn System with an emphasis on education and vocational programs

emphasis on work and producing products for sale (manual labor - brings in money for the prison)

lack of programs, much idleness, prisoner discontent, the "hands-off" doctrine

option of the medical model of criminality, emphasis on treatment programs

emphasis on incapacitation and tough on crime laws, mass imprisonment

• [Hawes-Cooper Act 1929] [Ashurst-Sumners Act 1935&1940]
• limited the sale of prison-made products on the open market
• drove other companies out of business - needed to be regulated

emphasized the professionalizing of staff through recruitment and training, implementation of many self-improvement programs of prison management

offenders are sick, inflicted with problems that caused their criminality (need to be diagnosed and treated), would resolve offenders' problems and prepare them for release into the community

after offenders complete their treatment in prison they need transitional care, the community must be involved in their successful return to society

infliction of pain and suffering

punishment for those who deserve it

specific and general

removing potential for criminality (jail or prison)

programmed efforts to change the attitudes and behaviors of offenders

paying for harm to victims and society (restoration) - restorative justice

• 1) pretrial detention (jail)
• 2) bail
• 3) supervision alternatives
• 4) diversion
• 5) legal representation

• mores serious
• possible incarceration of more than one year
• potential sanctions are more severe

• less serious
• possible incarceration of less than one year,
• often involve community-based sanctions

• 1) pretrial detention
• 2) release on own recognizance or posting of bail
• 3) pretrial diversion

offender signs a promise to appear in court

amount of money the offender must post in cash or with a bondsman (surety) to guarantee his appearance in court

• the seriousness of the crime
• offender's prior criminal record
• offender's ties to the community
• the likelihood the offender would flee the jurisdiction

the suspension of the criminal process while the offender is provided the chance to participate in treatment programs

• ROR
• unsecured bond
• percentage bond
• third-party custody
• collateral
• surety bond

offender promises to pay a certain amount of money if he fails to appear in court

offender must pay a portion of the bond amount in cash or other security to guarantee his appearance in court

offender is placed with a person or organization pending trial

offender pledges property to secure his appearance in court

payment of money to a bondsman who guarantees the offender's appearance in court

project successfully reduced overcrowding and met public's concern for supervision of pretrial offenders

• RoR
• posting of bail (cash or surety)
• no bail
• pretrial detention
• supervised pretrial release for higher-risk offenders

• (90% of cases)
• defendant enters plea or guilty to lesser charge
• prosecutor agrees to lesser sentence
• prosecutor agrees to dismiss some charges in exchange for a guilty plea to others
• prosecutor gets conviction without cost of trial
• [without plea bargaining, the crju system would come to a complete halt]

• used in sentencing by court
• determining supervision needs during probation
• for research purposes
• used by the parole board in making release decisions
• used by prison officials in classifying offenders and determining program needs

• put together by probation officers (offer a recommendation on sentencing)
• the status of the case
• offender's statement of responsibility
• financial ability to pay
• sentencing options
• prior criminal history
• information about the offense
• victim impact information, offender characteristics, recommended outcome

• economic sanctions (i.e.: fines)
• probation
• intermediate sanctions
• short-term confinement (i.e.: "shock")
• imprisonment
• capital punishment

• sentences have a minimum and maximum time to serve
• a parole board determines the actual amount of time served

• sentence with a fixed term
• the defendant is still entitle to earn "good time"

if the defendant is convicted of more than one offense, the sentences are served at the same time (based on the discretion of the judge)

if the defendant is convicted of more than one offense, the sentences are served one after the other (based on the discretion of the judge)

• the offender serves the sentence imposed, not the uncertainty of the indeterminate sentence model
• inmate must serve 85% of their total time
• prison populations increased - use "good time" to control the population
• states that adopted these laws were awarded federal funds to build more prisons

• limited in sentencing guidelines
• if there are mandatory minimum sentence
• three strikes law (3 convictions = life sentence)

predetermined range of a minimum, average, and maximum term for specific

structured sentences that take into account the severity of the crime and offender's prior criminal history

• used for certain types of offenders (habitual criminals, sexual predators)
• used for certain crimes (violent crimes, crimes with a gun, distribution of narcotics

• created to deal with the underlying drug problem as the basis of the offender's criminal behavior
• emphasis on drug treatment to combat recidivism

• identify those with mental illness
• treat the illness
• team approach, increase public safety

• secure and sanity
• systematic inspections
• no fees to prisoners
• reformatory regime

• pending arraignment, awaiting trial, conviction, or sentencing
• probation, parole, and bail bond violators
• juveniles, pending transfer to juvenile authorities
• mentally ill, pending movement to mental health facilities
• military, for protective custody, contempt, or as court witnesses
• inmates pending transfer to state or federal facilities
• offenders assigned to work release
• inmates sentenced for misdemeanor offenses

• Sheriff (or elected county official) has responsibility for jail management
• Funded and operated by multiple small counties to maximize resources

• "tough on crime" mentality
• "shock time"
• overcrowding of state and federal prisons

• identification, fingerprinting, property is inventoried
• post bail - release
• doesn't post bail - classification, mental health screening, physical

• need for detox?
• potential suicide risk?
• protective custody?

Suicide

• deputies assigned to housing units
• transportation of inmates between jail and court
• clerical and maintenance
• administrative
• professional and technical

• linear design in which cells are aligned in long, straight rows with walkways in front of them
• problem: correctional officers cannot see everything going on in the cells

• common area in the middle of the cells for inmate recreation
• problem: common area could be an issue - disputes between inmates

• officers in a secure control room overlooking cells and day room
• problem: correctional officers are removed from interaction with inmates, technological problems

• Officers are located in the housing unit in direct contract with inmates
• problem: correction officers have direct contact with inmates (i.e.: riots)

• mental illness
• drug and alcohol addictions
• suicide
• sexual assault
• housing juveniles

• federal jail in NYC was overcrowded - did this violate the 8th amendment?
• Supreme Court ruled that it did not violate the 8th

• suicide watch - most inmate suicides occur within the first week after intake
• screening-risk assessment at admission
• suicide prevention programs - training staff is critical however

• "father" of probation
• bailed out more than 2,000 inmates and children who were awaiting trial - only 4 recidivated

Probation - serving time in the community (limited rights)

standard probationers requiring no special program or supervision

• higher risk offenders
• created as an alternative to prison

• offenders with similar issues
• i.e.: substance abuse, mental illness, history of sex offenses

• conditions everyone on probation follows (vary by state, but is the same for the same offenses)
• remain within jurisdiction
• report to PO as directed
• maintain employment
• refrain from excessive use of alcohol (no drugs)
• don't commit any crimes

• drug or alcohol counseling
• drug testing (random)
• mental health counseling
• non association with certain persons (i.e.: gangs)
• stay out of bars and poolrooms

right to attorney during revocation hearing

probation is a privilege, not a right

identified due process rights for parole hearings

extended Morrissey rights to probationers

• promptly addressing issues to avoid greater instability
• minimum supervision - offender can do whatever they want
• regular supervision - heavy caseloads
• intensive supervision - watching too close, find everything

target resources for higher risk offenders

focus on needs which could lead to new crimes

not one size fits all (reactive - case by case)

first 6-9 months of supervision has highest risk of recidivism

integrated treatment plan

• intense punishments (typically surveillance)
• (i.e.: economic sanctions, intensive probation, "shock" time, boot camps, residential centers, house arrest, community service, electronic monitoring)

• initiated in Georgia in 1974 to more closely monitor higher-risk probationers
• watched more closely, which initially resulted in more probation violations

• notifies PO if offender is not in authorized location
• GPS can identify offender's location
• cost is borne by offender

recognized in the 1980s as an aid to probationers who needed greater structure

• correctional boot camps are similar to military boot camps (usually for juveniles)
• (i.e.: short hair, shined shoes, uniforms, discipline, exercise, hard work)

• short period of incarceration during probation as an intermediate sanction for violations
• objective deterrence

• intermediate sanctions should divert offenders from prison
• intermediate sanctions should reduce the cost of corrections
• intermediate sanctions should reduce recidivism

• protect inmates, protect public from criminality
• prepare inmates for release into the community

• "tough on crime" - determinate sentences, new penology
• explosion in drug crimes - proliferations of guns
• since the 1980s, prison population has risen 500%

creation of 3 federal prisons (Kansas, Washington, and Georgia)

• Sanford Bates appointed director
• only 8 directors since 1930

• abolished parole
• determinate sentencing
• abolished good time

• Minimum - dormitory housing, limited fencing
• Low - mostly dormitory housing, work programs
• Medium - electronic fencing, housed in cells
• High - high security, close control of inmate movement
• Administrative - "supermax" (Florence, CO)

• Govenor --> corrections directors
• Governor --> board of corrections --> corrections director

• criminal history
• family/social history
• education/vocational history
• employment history
• mental health status

• Immigration Customs Enforcement
• housing illegal immigrants
• deporting illegal immigrants that are wanted in their home country

military prison

prison on US territories (Virgin Islands, Puerto Rico…)

• secure facility
• operated for profit
• state and federal
• (Corrections Corporation of America, GEO Group, INC, Management Training Corporation)