CJ Chapter 12 Flashcards
Total institutions
Regimented, dehumanizing institutions such as prison, in which inmates are kept in social isolation, cut of from the world at large.
Prison rapes are common, and many inmates are sexually assaulted soon after they arrive in prison. T or F
Reality (approx. 10%)
Inmate subculture
The loosely defined culture that pervades prisons and has its own norms, rules and language
Inmate social code
An unwritten code of behavior, passed from older inmates to younger ones, that serves as a guideline to appropriate inmate behavior within the correctional institution.
Prisonization
Assimilation into the separate culture in the prison that has its own set of rewards and behaviors, as well as its own norms, rules, and language. The traditional prison culture is now being replaced by a violent gang culture.
make-believe family, also known as a play family
In female institutions, the substitute family group including faux father, mother, and siblings created by some inmates.
Cognitive-behavioral therapy (CBT)
A treatment approach that focuses on patterns of thinking and beliefs to help people become conscious of their own thoughts and behaviors so they can make positive changes.
Therapeutic communites
Institutions that rely on positive peer pressure within a highly structured social environment to create positive inmate change.
Work release
A prison treatment program that allows inmates to be released during the day to work in the community and then return to prison at night.
Furlough
A correctional policy that allows inmates to leave the institution for vocational or educational training, for employment, or to maintain family ties.
Despite negative publicity that “nothing works” many prison rehabilitation efforts are actually effective. T or F
Reality
hands-off doctrine
The legal practice of allowing prison administrators a free hand to run the institution, even if correctional practices violate inmates’ constitutional rights; ended with the onset of the prisoners’ rights movement in the 1960s
Substantive rights
A number of civil rights that the courts, through a slow process of legal review, have established for inmates, including the rights to receive mail and medical benefits and to practice their religion.
Jailhouse lawyers
inmates trained in law or otherwise educated who help other inmates prepare legal briefs and appeals
Cruel and unusual punishment
Physical punishment or punishments that is far in excess of that given to people under similar circumstances and is therefore banned by the Eighth Amendment. The death penalty has so far not been considered cruel and unusual if it is administered in a fair and nondiscriminatory fashion.
Inmates lose all civil rights after they enter a high-security correctional facility. T or F
False
Parole
The early release of a prisoner from imprisonment, subject to conditions set by a parole board
Parole board
A panel of people who decide whether an offender should be released from prison on parole after serving the minimum portion of their sentence ordered by the sentencing judge.
What is assessed in risk assessments?
Personality, background, offense history, and treatment needs.
James Paluch
inmate turned author… called cell a cod coffin
Who is responsible for a majority of inmate on inmate assaults’.
young aggressive men
How common are prison rapes?
pretty common. At least 10% of released. Skewed 4% of those still in prison
Who are the most frequently targeted victims of rape in prison?
gay and bisexual men
Are inmates more or less likely to experience sexual coercions from staff
More
Prison rape reduction act of 2003
dedicated to collection national prison rape statistics, dissemination of information and procedures for combating rape, and a program to assist in funding state programs
Those who become the most prisonized are the least or most likely to reform on the outside?
least
What type of treatments are there in prison?
Individual and group, anger management, CBT, Faith based, drug treatment, HIV/Aids treatment
What amendment protects against cruel and unusual punishment?
8
What are substantive rights?
1) Access to courts, legal services, and legal materials
2) Freedom of the press and of expression
3) Freedom of religion
4) Medical rights
5) Cruel and unusual punishment (protection from)
6) Racial segregation
7) Overall prison conditions
Probation
A sentence entailing the conditional release of a convicted offender into the community under the supervision of the court subject to certain conditions for a specified time.
Judicial reprieve
The common-law practice that allowed judges to suspend punishment so that convicted offenders could seek a pardon, gather new evidence, or demonstrate that they had reformed their behavior.
Recognizance
The medieval practice of allowing convicted offenders to go unpunished if they agreed to refrain from any further criminal behavior
Sureties
During the Middle Ages, people responsible for the behavior of an offender released before trial
Probation rules
Conditions or restrictions mandated y the court that must be obeyed by a probationer.
Revocation
An administrative act performed by a parole authority that removes a person from parole, or a judicial order by a court removing a person from parole or probation, in response to a violation on the part of the parolee or probationer.
Suspended sentence
A prison term that is delayed while the defendant undergoes a period of community treatment. If the treatment is successful, the prison sentence is terminated.
Violent offenders who commit murder, rape, or assault are barred from probation. T or F
F
Presentence investigation
An investigation performed by a probation officer attached to a trial court after the conviction of a defendant
Intake
The process in which a probation officer settles cases at the initial appearance before the onset of formal criminal proceedings; also, the process in which a juvenile referral is received and a decision is made to file a petition in the juvenile court, release the juvenile, or refer the juvenile elsewhere.
Risk classification
Classifying probationers so that hey may receive an appropriate level of treatment and control
Motivational interviewing
A technique that increases the probationers’ awareness of their potential problems by asking them to visualize a better future and learn strategies to reach their gate.
Probation officers can search a probationer’s home without a warrant if they suspect foul play or criminal activity T or F
True
Married probationers are more likely to succeed than their single or divorced peers. T or F
True
Day fees
A program requiring probationers to pay some of the costs of their treatment
Intermediate sanctions
Punishments that fall between probation and prison (probation plus). Community0based sanctions, including house arrest and intensive supervision, serve as alternatives to incarceration.
Fines
Money payments levied on offenders to compensate society for their misdeeds.
Day fines
Fines geared to the average daily income of the convicted offender in an effort to bring equity to the sentencing process.
Forfeiture
The seizure of personal property by the state as a civil or criminal penalty
Convicted criminals can be forced to surrender the instrumentalities of their criminal behavior. T or F
True
zero tolerance
The practice of seizing all instrumentalities of a crime, including homes, boats, and cars. It is an extreme example of the law of forfeiture.
Restitution
A condition of probation in which the offender repays society or the victim of crime for the trouble and expense the offender caused.
Monetary restitution
A sanction requiring that convicted offenders compensate crime victims by reimbursing them for out-of pocket losses caused by the crime. Losses can include property damage, lost wages, and medical costs.
Community Service restitution
An alternative sanction that requires an offender to work in the community at such tasks as cleaning public parks or working with disabled children in lieu of an incarceration sentence
Convicted Criminals can be forced to surrender their homes and cars. T and F
True
Shock probation
A sentence in which offenders serve a short prison term before they begin probation to impress them with the pains of imprisonment.
Split sentences
A practice that requires convicted criminals to spend a portion of their sentence behind bars and the remainder in the community.
Intensive probation supervision (IPS)
A type of intermediate sanction involving small probation caseloads and strict monitoring on a daily or weekly bias
House arrest
A form of intermediate sanction that requires the convicted offender to spend a designated amount of time per week in his or her own home such as from 6pm Friday until 8 am Monday.
Electronic monitoring (EM)
Requiring convicted offenders to wear a monitoring device as part of their community sentence. Typically part of a house arrest order, this enables the probation department to ensure that offenders are complying with court-ordered limitations on their freedom.
Residential Community corrections (RCC)
A nonsecure facility, located in the community, that houses probationers who need a more secure environment. Typically, residents are free during the day to go to work, school, or treatment, and they return in the evening for counseling sessions and meals.
Day reporting centers (DRCs)
Nonresidential community-based treatment programs.
Restorative justice
A view of criminal justice that advocates peaceful solutions and mediation rather than coercive punishments.
Sentencing Circle
A type of sentencing in which victims, family members, and the offender participate in an effort to devise fair and reasonable sanctions that are ultimately aimed at reintegrating the offender into the community
Prisons
State or federal correctional institutions for incarceration of felony offenders for terms of one year or more.
Jails
Places to detain people awaiting trial, to serve as lockup for drunks and disorderly individuals, and to confine convicted misdemeanants serving sentences of less than one year.
Hulks
Abandoned ships anchored in harbors and used in eighteenth-century England to house prisoners
Walnut Street Jail
An eighteenth-century institution that housed convicted criminals in Philadelphia
Penitentiary house
Term used for early prisons, so named because inmates were supposed to feel penitence for their sins.
Congregate system
Prison system first used in New York that allowed inmates to engage in group activities such as work, meals, and recreation.
The first correctional institutions were actually considered a liberal reform. T or F
True
Pennsylvania system
The correctional model used in Pennsylvania that isolated inmates from one another to prevent them from planning escapes, to make them easy to manage, and to give them time to experience penitence.
Contract system
The practice of correctional officials selling the labor of inmates to private businesses
Convict-lease system
The practice of leasing inmates to a business for a fixed annual fee.
Medical model
A correctional philosophy grounded on the belief that inmates are sick people who need treatment rather than punishment to help them reform.
Penal harm
A philosophy based on the belief that harsh treatment while serving a correctional sentence will convince offenders that crime does not pay, there by lowering the chances of recidivism.
Maximum-security prison
Correctional institutions that house dangerous felons and maintain strict security measures, high walls, and limited contact with the outside world.
Super-maximum-security prisons
The newest form of maximum security prisons that use high-level security measures to incapacitate the nation’s most dangerous criminals. Most inmates are in lockdown 23 hours a day
Medium-security prisons
Less secure institutions that house nonviolent offenders and provide more opportunities for contact with the outside world.
Minimum-security prisons
The least secure institutions, which house whit-collar and nonviolent offenders, maintain few security measures, and have liberal furlough and visitation policies.
Super-maximum-security prisons are highly affective. T or F
False
The inmate population is now deceasing because the crime rate is down. T or F
True
Boot camp
A short-term militaristic correctional facility in which inmates undergo intensive physical conditioning and and discipline
Halfway houses
Community-based correctional facilities that house inmates before their outright release so they can become gradually acclimated to conventional society.
What are the 4 goals of correction?
1) Retribution
2) Deterrence
3) Incapacitation
4) Rehabilitation
What is the main focus of the correctional system?
Rehabilitation
What are the elements of probation?
Presentence Investigation
Intake
Diagnosis/Risk Classification
Supervision
Treatment
What civil rights of probationers are effected?
1) Probationer officer - client relationship is not confidential
2) Probationers homes can be searched without a warrant
Minnesota v. Murphy (1984)
Decided that probation officer - client relationships are not confidential
Griffin v. Wisconsin
Probationer’s home may be searched without a warrant because probation offices have the welfare of the probationer in mind and need to respond quickly.
United States v. Knights
Warrantless search of probationer’s home for gathering criminal evidence is legal if search was based on reasonable suspicion and submitting to searches was part of probation order.
Mempa v. Ray
A probationer is constitutionally entitled to counsel in a revocation-of-probation proceeding where the imposition of sentence has been suspended.
Morrissey v. Brewer
Informal inquiry must be held to determine if probable cause for parole revocation and if so a formal revocation is required before parole can be revoked. Also applied to probation
Gagnon v. Scarpelli
Probationers and Parolees have a constitutionally limited right to legal council in revocation hearings.
Beardon V. Georgia
Judge cannot revoke a defendant’s probation for failure to pay a fine and or make restitution. It would be a violation of equal protection
United States V. Granderson
It is unfair to force a probationer to serve more time in prison than he would have served if originally incarcerated.
When do most revocations happen in probation?
Within the first 3 months
What is the most commonly used alternative sentence?
Probation
Is probation effective?
Yes, 60% of probationers successfully complete their probationary sentence.
Is Felony probation effective?
Kind of? Failure rate was high but felons given probation are less likely to recidivate than those sent to jail.
What types of intermediate sanctions are there?
1) Fines
2) Forfeiture
3) Restitution
4) Shock probation
5) Split sentencing
6) Intensive probation
7) House arrest
8) Electronic monitoring
9) GPS Monitoring
10) Residential Community Corrections
Is a Judicial Release a form of Shock incarceration?
Yes
Does probation normally entail supposition of offender’s sentence for the promise of good behavior in the community?
Yes
Does Cognitive Behavioral interventions working to get people to change?
Yes
Does a failure to properly supervise probates result in officer and probation agent being held liable for civil damages?
Yes
What is the most common sentence after conviction of a crime?
Probation
Is probation a community sentence?
Yes
Is the probationer supervised by the court?
Yes
What are the 5 primary purposes of jail?
1) detain pretrial arrestees
2) Hold convicted offenders until sentencing
3) Holds those convicted of misdemeanors
4) Probationers or parole waiting to hearings due to violation
5) felons when state prisons are overcrowded.
Are jails on a state and local level?
No, local only, city and county
Where was the first American Jail built?
James City Virginia
Where did the modern American correctional system have its orgins?
Pennsylvania
What are jail conditions like?
Bad.
What is the rate of suicide in jail?
There is a higher number of individuals in jail who commit suicide than in the general population. However, there has been a decrease in suicides in jail.
How are ne-generation jails designed?
In a way for continuous observation.
What are the 4 levels of prisons?
1) minimum-security prison
2) Medium-security prison
3) maximum-security prison
4) Super-max security prison
How long can people be locked up in super-max prisons?
22-24
Prison Farms and camps
Found in South and West. Prisoners produce dairy, grain, vegetable/ Fight forest fires or do cattle raising on Ranches. Or repair roads.
Is Shock incarceration effective?
No
Who is most likely to be found in a boot camp shock incarceration?
youthful first time offenders
Is there a difference in recidivism between private and public prisons?
No, there is very little
Do minimum security prisons need guards and walls?
NO, they are like resorts
How many sections are jails and prisons broken into?
3 or 4?
What is generally an inmates first experience?
A classification or reception center with psychological testes and evaluations
What are inmates assessed by?
1) personality
2) Background
3) offense history
4) treatment needs
How common is prison rape?
According to those in jail 4%. According to those out of jail, 10%
Are inmates more likely to experience sexual coercion from inmates or staff?
Staff
What is the most affective faith based program in prison?
Christianity
What percentage of prisoners are suffering from drug or alcohol problems?
85%
What substantive rights do prisoners have?
1) Access to Courts, legal services, and legal materials
2) Freedom of the press and of expression
3) Freedom of Religion
4) Medical Rights
5) Cruel and Unusual punishment
6) Racial segregation
7) Overall prison conditions
Is there a right to parole?
NO
Is there any application of cruel and unusual punishment in prison?
No, inmates are protected by the 8th amendment
Work release is a treatment program allowing for leaving for education and vocational training. T or F
True
Prisoners can be released on parole after serving any amount of time on sentence. T or F
False, They have to do half at least
Courts have granted rights called prisoner rights. T or F
False, they are substantive rights
A majority of inmates fail on parole and quick. T or F
True
A stay in prison addresses economic and psychological issues . T or F
False
Courts have a specific definition of cruel and unusual punishment. T or F
False
U.S. Supreme Courts says due process clause requires fair parole procedures and hearing. T or F
True
Community reentry problems are related primarily to parole’s own life long personal deficits. T or F
True
Within a year after release, 60% of inmates are not employed in the regular labor market.
True
The parole board decides on parole not the Courts. T or F
True
Is the number of women going into prison increasing or decreasing or stable?
Increasing. The gap is narrowing
What happens when probation is violated?
A revocation hearing where the judge uses discression of whether or not to put the parolee back on probation or in jail.
Is the probation contract between the court and individual?
No it is between the judge and individual
When is risk assessment done?
Before sentencing?
Who generally decides the sentence for one being convicted?
Judge
Do judges have discretion or guidelines when sentencing?
Both but discretion?
