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
precedent
prior rulings, establish legal principles used in making decisions on similar cases
Ford v. Wainwright (1986)
the U.S. Supreme Court had to decide whether executing an inmate who became mentally ill while incarcerated was a violation. PROHIBITS THE STATE FROM EXECUTING AN INMATE WHO IS INSANE
A department of corrections make create regulations regarding
the personal items inmates may have in their cells
when inmates can get visits
how searches are conducted
the way the disciplinary process is to be followed
hands-off period
1960’s.which courts would not respond to inmate claims
The courts saw correctional officials as the best arbiters of inmate queries and complaints
Cooper v. Pate (1964)
The court said because of the Civil Rights Act of 1871 that inmates were persons who has protected Constitutional rights
The act allows suits against state officials to be heard in federal courts
INMATES COULD SUE PRISONS
In the B.O.P., there is a one year filing period from time of conviction
Anti-Terrorism Act (1996)
Prison Litigation Reform Act
PLRA:
makes filing more difficult especially if previous cases were dismissed as frivolous
Johnson v. Avery (1969)
disciplined prohibiting one inmate from assisting another with legal mattes, Supreme court ruled that inmates can receive legal assistance from others if there are no other alternatives, The Court also said that the prison could impose reasonable regulations on jailhouse lawyers in keeping with need for order and security
Bounds v. Smith (1977)
must provide adequate law libraries or adequate legal assistance from persons trained in the law
1967 Florida
inmate thrown in a barren cage after rioting 35 days
1971 Arkansas
State prison found to be in violation of Eighth Amendment for allowing inmate “trusties” to monitor other inmates in barrack type quarters
The First, Fourth, Eighth, and Fourteenth
are all key amendments regarding inmate rights provided under each of them
rational basis test
Rational connection between regulation and justified interest
Alternative means of exercising right that remain open to inmates
Minimal impact to C.O.s and other inmates
Must be no less-restrictive alternative available
speach 1st ammendment
censorship of mail was permissible only when officials could demonstrate a compelling government interest in maintaining security
Religion 1st ammendment
Questions have risen regarding the practice of such may interfere with prison routine and order
4th ammendment
unreasonable searches and seizures
Hudson v. Palmer (1984)
officials may search cells without a warrant and seize materials found there
Bell v. Wolfish:
strip searches including searches of body cavity after contact visits nay be carried out when the need for such searches outweighs the personal rights invaded
Ruiz v. Estelle (1980)
in Texas where Judicial supervision continued for a decade regarding the unconstitutional conditions
Inmates no longer considered as “nonpersons” and had rights
Rhodes V. Chapman (1981)
Minimum cell sizes to be 60 square feet of floor space; double bunking okay
One word and two clauses of the Fourteenth Amendment are relevant to prisoner’s rights
“state” “procedural due process” & “equal protection”
Wolff v. McDonnell (1974
ruled that the basic elements of due process must be present when decisions are made concerning the disciplining of an inmate
equal protection
1996 more difficult for inmates to file civil rights lawsuits
Most inmates face three problems
Lack legal representation
Constitutional standards are difficult to meet
Changes in policies or financial compensation may take a long time in a suit is successful
Four alternative to litigation appear in various states:
Inmate grievance procedures
Ombudsman service
Mediation
Legal assistance
All states and the B.O.P. have a grievance procedure in place
There are typically three steps used in this process
Staff member receive complaints
Investigates complaint
Makes a decision on the complaint
ombudsman
a pubic official who investigates complaints against government officials and recommends corrective measures
Roper v. Simmons
In 2005, it was determined that inmates who were under the ago of 18 at the time of their crimes could not be executed
Furman v. Georgia (1972)
ruled that the way the death penalty was used constituted cruel and unusual punishment
Gregg v. Georgia (1976)
must have bifurcated hearing to determine guilt and the proper sentence
One proceeding determines guilt
Other to determine whether person is sentenced to death or not
McCleskey v. Kemp 1987
Georgia failed to show that racial discrimination occurred during his capital case
Atkins v. Virginia (2002)
a ruling executing the mentally retarded was considered to be unconstitutional
Ring v. Arizona (2002)
ruled that juries not judges are responsible for deciding whether a convicted murdered should receive the death penalty
Ford v. Wainwright (1985)
prohibits the execution of an inmate who is insane at the time of the scheduled execution
Strickland v. Washington (1984)
the Court ruled that defendants in capital cases have the right to representation that meets an objective standard of reasonableness
voir dire
Part of jury selection
Witherspoon v. Illinois (1968)
the Court held that these potential types of jury members are not automatically excluded
Uttecht v. Brown in 2007
Court upheld a trial court judge when a person was excused from the jury just because he/she “expressed doubts” about the death penalty; not uniform opposition to it
Kennedy v. Louisiana (2008)
ruled that there was a violation of the Eighth and Fourteenth Amendments
McCleskey v. Zant (1991)
curtailed the ability of inmates to file multiple challenges regarding the constitutionality of their sentence
Death Row Statistics
65.4% had a prior felony conviction
8.4% had a prior homicide conviction
26% were on probation/parole
3.6% were in prison at the time of the capital offense
four factors have significantly affected life inside adult prisons
Increased number of elderly inmates
Sizeable number of inmates with HIV/AIDS
Thousands of mentally ill inmates
Growing number of long-term inmates
Geriatric inmates
special needs regarding housing, medical care, programs, and release
elderly
varies by state considering over 55 and over 50 years old in that category
POPS
Project for Older Prisoners. aims at removing low risk geriatric inmates from overcrowded prisons
of inmates infected with HIV or AIDS at the end of 2008
21,987
of aids deaths in 2007
130
prison death causes
natural causes #1
Aids #2
who has the highest rate of HIV infection
women (1.9 % compared to men at 1.5%)
% of mental health problems
56%
who experience mental health problems the most
white females under the age of 25
Long term prisoners
Nearly 310,000 inmates are currently serving at least a 20-year sentence
cost of a life sentence
1 million per inmate
Three main principles for managing long-term inmates are
Maximize opportunities for the inmates to exercise choice in living conditions
Create opportunities for meaningful living
Help the inmates maintain contact with the outside world
youth crime rates
1,100 youths under the age of 18 are arrested for homicide
4,200 for forcible rape
60,500 for aggravated assault
Massachusetts Stubborn Child Law in 1646
With this law, the Puritans of the Massachusetts Bay Colony conveyed their view that:
The child was evil
The family needed to discipline youths
Those who did not obey their parents were dealt with by law
House of Refuge of New York; 1825
Residents were to be trained in job skills, religious instruction, and held accountable with discipline
Cook County (Chicago) Illinois, in 1899
first juvinile court
Parens patriae
parent of the country. a doctrine that sees the state as parent, the juvenile court assumed he role as the guardian
Informality
intended to move juvenile corrections away from the formality and due process requirements of the adult courtroom
Individualization
was based on the idea that each child ought to be treated as a unique person with unique circumstances
Intervention
was the method of the juvenile court to identify and solve the problems that led them astray
delinquent
child is one who has committed an act that if committed by an adult would be criminal
neglected
child is one who is not receiving proper care because of some action or inaction by their parents
dependent
child either has no parent or guardian or because of the physical or mental disability of a parent or guardian and not receiving proper care
ACLU
american civil liberties union
why are juveniles treated differently
Juveniles are young and may easily change
Juveniles have a high rate of “desistence”
Juveniles’ families are an important part of their lives
Juveniles are easily influenced by their peers
Juveniles have little responsibility for others
normal delinquency
a set of assumptions about kinds of misbehaviors associated with growing up
black juveniles
treated more harshly
of juveniles reffered to juvenile court each year
1.6 million
% of juvenile cases sent to adult court
1%
waiver
Transfer to adult court when court believes the circumstances of the case and the seriousness
diversion
Diversion seeks to avoid the burdensome consequences of formal processing
Diversion can take two major forms
Stop processing the case; drop the case
Diverted to a special program
how long is a juvenile usualy detained for
2 weeks
how offten is a juvenile just placed on probation
62% of the time
% of juvenile offenders reciving an intermediate sanction
15%
Of all juveniles considered to be delinquent how many are placed in public and private facilities
23%
Aftercare
the services provided to juveniles after they have been placed; put under some type of custodial care. like parole
Street gangs
provide social connections and engage in a variety of criminal conduct
how many gang members are incarserated
846,00 members of 31,000 different gangs are operating in about 4,824 local jursdictions
are most gangs violent
no
In custodial facilities, gangs create a challenge in terms of:
controlling the population
managing the potential for intergang conflict
Operation Ceasefire in Boston
It was a collaborative effort by police, prosecutors, probation officers, and street gang workers involving the targeting of gun use by gang members
where is there a juvenile prison in ct
Middletown CJTS
A dilemma
a situation that forces one to choose between unsatisfactory alternatives
Remedy
provide the services that are requested, take actions to protect citizens when public safety becomes an issue, cooperate with agencies when asked to do so
lack of confidence
results when apparently promising strategies, upon evaluation, turn out to lack merit
lack of confidence This list of failures include
Reduced caseloads Offender counseling Family counseling Group treatment Restitution Offender classification
internal structure
Jails, prisons, probation, and parole all struggle with one another
external structure
The culmination of the criminal justice process
The two essential goals in regards to staff are
Attracting the right kinds of people to work in corrections
Motivating them to remain once they are employed
why are there recruitment problems
low starting salaries
equal pay raises regardles of preformance
staff feels unapreciative and demoralized
cost of 1 prison cell
$100,000
cost to process an offender
$25,000
many facilities need repair/rebuilt but that will not alleviate
Overcrowding
Incapacitation strategy for crime control
privatizatio
corrections surfaces as viable approach, but the research is still not confirmed
Privatization is a potential threat to administrators’ ability to manage the system
are four forces that are at work today that will create the corrections of the future
Evidence-based practice
Techno-Corrections
Falling crime rates
Professionalization
random field trial
The scientific method for determining “what works” is to conduct an evaluation, and the best kind of evaluation
Electronic Monitoring
Initially was thought of as a space age gimmick
You can know where a person is, but not what they are doing
Seem to not reduce rates of supervision failure
Techno-corrections
Drug testing Eye-recognition systems Spatial monitoring systems Computer-aided decision making Prison cameras in prime locations
NIC
national institute of corrections
ACA
american corrections association
Three challenges for re-creating corrections with an eye to the future include:
Reinvigorate a New Correctional Leadership
Refocus out investments in what works
Reclaim the Moral and Ethical High Road
Reinvigorate a New Correctional Leadership
corrections will not get anywhere without effective leadership
Great leaders are not easy to come by
Three tangible results for what leaders must be responsible for:
Acting in ways that correctional clients see that is legitimate; fair and reasonable
Maintaining safe, drug-free environments in prisons and jails where staff and those confined can stay clean
Making management transparent so the general public knows how corrections is being run and has confidence in it
Refocus Our Investments in What Works
Studies of program effectiveness have grown dramatically
The studying of studies looks for patterns and consistencies in findings
Systematic reviews
: these studies help to show what kinds of programs are powerful and what kinds are not promising
When focusing on children and what works, the following is necessary:
Early prevention measures Risk-focused evidence based programs A national council on early prevention Local-level prevention Communities that care
Reclaim the Moral and Ethical High Road
Comparing the 1970s to today, people who are convicted of crimes are:
Twice as likely to go to prison
Those who go to prison serve sentences more than twice as long
What is most disturbing is the way it has become more harsh than other systems of free societies
Chain gangs wearing stripes and cleaning roads
Men in jail made to wear pink underwear
Signs in yards saying the person has been convicted
Children serving time in adult prisons
Refusals of college loans because of drug convictions
other areas of concern in the U.S. correctional system
Healthcare costs for mentally ill
The social costs of the growth of the penal system by minority communities that already struggle with poverty and other disadvantaged
