corrections chapter 9-13 Flashcards
what are bureaucratic functions?
purchasing food, buying supplies, and even ground maintenance
expectations of a CO
counsel, supervise, protect, and care for inmates
lock psychosis
resulting from routine nmbering, counting, checking, and locking
primary incentice for becoming a CO
the security of a civil service job
Hourly wage of cadets in CT
19.76/hour
wage increase of CO’s after 10 weeks of academy training
21.96/hour which is a minimum ammount of 41,542/year
accomplishment of the civil rights act of 1946 and affirmative action programs
changed the racial and gender make up of CO’s. 30% are now minorities and 23% are now women
CO training topics
- report writing
- communicable diseases
- inmate manipulation
- self-defense
evidence based training
plays a significant role in developing correctional leaders’ knowledge, skills, and abilities to overcome challenges and meet demands
block officer
Officers in the cell blocks have the closest contact with inmates
Work in the housing units is dangerous because officers do not carry weapons and are greatly outnumbered
block officer job
Move inmates to dining halls, work, and medical Must oversee maintenance Enforce rules Handle inmates personal problems Carry out the warden’s orders
work detail supervisors
watches over inmates while they work. i.e. clean blocks, serve food, make food. its less stressful than block officer. relationships between officer and inmate are prevelant here
yard officer
comparable to being “on the sreet”. officers maintin a presence in the area while preserving order and focusing on security.
perimeter security officers
almost no inmate contact. this assignment is saved for new recruits or veterans who dont get along with inmates.
problems with being a women CO
no longer limmited with working with just female inmates. often target of discrimination and excluded from some work assignments.
study conducted by Zimmerman about female CO’s
women could not handle the violence from inmates
health problems due to job stress of CO
Heart disease Eating disorders Substance abuse Frustration Negative work related attitudes Emotional /physical exhaustion
job burnout
is more advanced whereas the correctional officer is either emotionally and/or physically worn out, often resulting in long-term stress
procedural justice
fairness of the organizational process
distibutive justice
organizational outcomes such as pay increases, preformance evaluations, and job assignments
boundary violation
behavior that blurs, minimizes, or disrupts the social distance between prison staff and inmates resulting in violations of departmental policy
how many types of boundary violations are there
3
gerneral boundary violoations
Staff-inmate exchanges of material goods or written correspondence
dual relationships
Disclosing personal information to inmates or excessive flirting
self-inmate sexual contact
Intercourse and other sexual acts
5 situations where it is leagally acceptable for officers to use force
- self defense
- defense of third persons
- upholding prison rules
- prevention of a crime
- prevention of an escape
collective bargaining
another name for unions
coopr v. pate- 1964
Said that Section 1983 provides a means for inmates, probationers, and parolees to bring lawsuits against correction officials
monell v. department of social services of the city of new york - 1978
Individual officers and the agency may be sued when the agency’s “customs and usages” violate a person’s civil rights
section 1983
The defendant must be a person
The defendant must be acting under color of state law
The defendant must have been personally involved in the alleged injury
Vicarious liability
the responsibility of the superior for the acts of their subordinate, or, in a broader sense, the responsibility of any third party that had the “right, ability or duty to control” the activities of a violator.
Hope v. Pelzer – 2002
Court denied qualified immunity to Alabama correctional officials who had handcuffed an inmate to a hitching post in the yard denying him adequate water and bathroom breaks
8th Amendment
cruel and unusual punishment
five rules highlighted that an employee should follow to protect from civil rights lawsuits
- Follow agency policies and instructions of a supervisor
- obtain good training
- become familiar with the law directly affecting the job
- to ensure a good defense when being sued, find a good mentor
- keep good records
parole
A conditional release of an inmate from incarceration, under supervision, after part of the sentence has been served
parol rests on 3 concepts
- grace or privilage
- contract of consent
- custody
whos released on parole
only felons sentenced of one year or more
alexander maconochie
administrator of British penal colonies in Tasmania and elsewhere in South Pacific. key figure in developing parole in the 19th century
sir walter crofton
built on Maconochie’s idea and that an offender’s prison progress and a ticket-of-leave were linked. : those who graduated through his three successful levels of treatment were released on parole with a set of conditions
Zebulon Brockway
superintendent of Elmira Reformatory. He released inmates when their conduct showed that they were ready to return to society
first reformatory
took shape in 1876 at elmira, new york
basic mechanisms for release from prison
Discretionary release Mandatory release Probation release Reinstatement release Other conditional releases Expiration Release
States retaining indeterminate sentences
allow discretionary release Parole board releases inmate to conditional supervision on the basis of: Nature of offense Inmate's behavior Participation in programs
States and federal jurisdiction retaining determinate sentences
allow mandatory release. occurs after an inmate has served time equal to the total sentence minus any “good time”. parole supervision for the rest of the sentence
SHOCK INCARCERATION
first time offenders are sentenced to a short period in jail
Inmate’s eligibility for release to community supervision depends on
Requirements set by law
Sentence imposed by court
Eligibility for an appearance before the parole board is a function of:
The individual sentence
Statutory criteria
Inmate’s conduct pre-incarceration
In some states, eligibility is at the discretion of the parole board or calculated at
One-third
One-half of the maximum sentence
One important effect of discretionary release
parole board can shorten a sentence imposed by a judge
Second Chance Act of 2007
designed to ensure successful return of prisoners to the community. act provides federal grants to states to support reentry initiatives
initiatives of the second chance act
Employment and housing
Substance abuse and Mental health treatment
Children and family services
conditions of release
Restrictions on conduct that parolees must obey as a legally binding requirement of being released
how many states Restrictions on conduct that parolees must obey as a legally binding requirement of being released
all except for maine
revocation
When people fail on parole, their parole is revoked and they are returned to prison for two reasons:
Committing a new crime
Violating conditions of parole
Morrissey v. Brewer (1972)
The U.S. Supreme Court requires a two-stage parole-revocation proceeding
expanded legal protections to parolees such as:
The nature of the due process hearing referencing revocation hearings
due process rights for parolees include:
Written notice of the alleged violation
Disclosure of the evidence against parolee
The opportunity to be heard in person and to present evidence/witnesses
The right to confront/cross-examine adverse witnesses
A “neutral and detached” hearing body
When a parolee is determined to have violated a condition of parole, the parole agency has options
Return the parolee to prison
Note the violation, increase supervision, and continue parole
Note the violation and take no action
The parole officer provides
surveillance and assistance
Parole Officers
employed by state
Usually armed peace officers with arrest powers
Bachelor door usually required, some require experience and graduate work
case load for parole officer
80 parolees per officer
80% of a P.O. time
spent in non-supervisory work
The new releasee faces four harsh realities
The strangeness of reentry
Continued correctional supervision
Unmet personal needs
Barriers to success
Civil Disabilities
are restricted to parolees/felons
Right to vote
Right to hold public office
expungement
Legal process that results in conviction removal
pardon
Excuses offense and absolves offender from the consequences of the crime
A pardon serves three main purposes
To remedy a miscarriage of justice
To remove the stigma of the conviction
To mitigate a penalty
4 factors necessary for cuccessful reentry
Get substance abuse under control
Get a job
Develop a support group of family and friends
Get a sense of “who I am”
Reentry courts
new method to deal with parolees
Four foundations support the legal rights of individuals under correctional supervision
Constitution
Statutes
Case Law
regulations
RUFFIN v. COMMONWEALTH
the prisoner has as a consequence of his crime, not only forfeited his liberty, but all his personal rights except which the law in its humanity accords him. He is for the time being the slave of the state.”
the constitution describes
the institutions of the government
the powers of the government
the rights of individuals
statutes
are laws passed by legislatures at all levels of government
U.S. Congress is responsible for
statutes dealing with problems concerning the entire country
case law
are legal rules produced by judge’s decisions