corrections chapter 9-13 Flashcards

1
Q

what are bureaucratic functions?

A

purchasing food, buying supplies, and even ground maintenance

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2
Q

expectations of a CO

A

counsel, supervise, protect, and care for inmates

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3
Q

lock psychosis

A

resulting from routine nmbering, counting, checking, and locking

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4
Q

primary incentice for becoming a CO

A

the security of a civil service job

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5
Q

Hourly wage of cadets in CT

A

19.76/hour

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6
Q

wage increase of CO’s after 10 weeks of academy training

A

21.96/hour which is a minimum ammount of 41,542/year

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7
Q

accomplishment of the civil rights act of 1946 and affirmative action programs

A

changed the racial and gender make up of CO’s. 30% are now minorities and 23% are now women

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8
Q

CO training topics

A
  1. report writing
  2. communicable diseases
  3. inmate manipulation
  4. self-defense
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9
Q

evidence based training

A

plays a significant role in developing correctional leaders’ knowledge, skills, and abilities to overcome challenges and meet demands

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10
Q

block officer

A

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

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11
Q

block officer job

A
Move inmates to dining halls, work, and medical
Must oversee maintenance
Enforce rules
Handle inmates personal problems
Carry out the warden’s orders
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12
Q

work detail supervisors

A

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

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13
Q

yard officer

A

comparable to being “on the sreet”. officers maintin a presence in the area while preserving order and focusing on security.

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14
Q

perimeter security officers

A

almost no inmate contact. this assignment is saved for new recruits or veterans who dont get along with inmates.

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15
Q

problems with being a women CO

A

no longer limmited with working with just female inmates. often target of discrimination and excluded from some work assignments.

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16
Q

study conducted by Zimmerman about female CO’s

A

women could not handle the violence from inmates

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17
Q

health problems due to job stress of CO

A
Heart disease
Eating disorders
Substance abuse
Frustration
Negative work related attitudes
Emotional /physical exhaustion
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18
Q

job burnout

A

is more advanced whereas the correctional officer is either emotionally and/or physically worn out, often resulting in long-term stress

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19
Q

procedural justice

A

fairness of the organizational process

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20
Q

distibutive justice

A

organizational outcomes such as pay increases, preformance evaluations, and job assignments

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21
Q

boundary violation

A

behavior that blurs, minimizes, or disrupts the social distance between prison staff and inmates resulting in violations of departmental policy

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22
Q

how many types of boundary violations are there

A

3

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23
Q

gerneral boundary violoations

A

Staff-inmate exchanges of material goods or written correspondence

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24
Q

dual relationships

A

Disclosing personal information to inmates or excessive flirting

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25
Q

self-inmate sexual contact

A

Intercourse and other sexual acts

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26
Q

5 situations where it is leagally acceptable for officers to use force

A
  1. self defense
  2. defense of third persons
  3. upholding prison rules
  4. prevention of a crime
  5. prevention of an escape
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27
Q

collective bargaining

A

another name for unions

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28
Q

coopr v. pate- 1964

A

Said that Section 1983 provides a means for inmates, probationers, and parolees to bring lawsuits against correction officials

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29
Q

monell v. department of social services of the city of new york - 1978

A

Individual officers and the agency may be sued when the agency’s “customs and usages” violate a person’s civil rights

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30
Q

section 1983

A

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

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31
Q

Vicarious liability

A

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.

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32
Q

Hope v. Pelzer – 2002

A

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

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33
Q

8th Amendment

A

cruel and unusual punishment

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34
Q

five rules highlighted that an employee should follow to protect from civil rights lawsuits

A
  1. Follow agency policies and instructions of a supervisor
  2. obtain good training
  3. become familiar with the law directly affecting the job
  4. to ensure a good defense when being sued, find a good mentor
  5. keep good records
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35
Q

parole

A

A conditional release of an inmate from incarceration, under supervision, after part of the sentence has been served

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36
Q

parol rests on 3 concepts

A
  1. grace or privilage
  2. contract of consent
  3. custody
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37
Q

whos released on parole

A

only felons sentenced of one year or more

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38
Q

alexander maconochie

A

administrator of British penal colonies in Tasmania and elsewhere in South Pacific. key figure in developing parole in the 19th century

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39
Q

sir walter crofton

A

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

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40
Q

Zebulon Brockway

A

superintendent of Elmira Reformatory. He released inmates when their conduct showed that they were ready to return to society

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41
Q

first reformatory

A

took shape in 1876 at elmira, new york

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42
Q

basic mechanisms for release from prison

A
Discretionary release
Mandatory release
Probation release
Reinstatement release
Other conditional releases
Expiration Release
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43
Q

States retaining indeterminate sentences

A
allow discretionary release
Parole board releases inmate to conditional supervision on the basis of:
Nature of offense
Inmate's behavior
Participation in programs
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44
Q

States and federal jurisdiction retaining determinate sentences

A

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

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45
Q

SHOCK INCARCERATION

A

first time offenders are sentenced to a short period in jail

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46
Q

Inmate’s eligibility for release to community supervision depends on

A

Requirements set by law

Sentence imposed by court

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47
Q

Eligibility for an appearance before the parole board is a function of:

A

The individual sentence
Statutory criteria
Inmate’s conduct pre-incarceration

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48
Q

In some states, eligibility is at the discretion of the parole board or calculated at

A

One-third

One-half of the maximum sentence

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49
Q

One important effect of discretionary release

A

parole board can shorten a sentence imposed by a judge

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50
Q

Second Chance Act of 2007

A

designed to ensure successful return of prisoners to the community. act provides federal grants to states to support reentry initiatives

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51
Q

initiatives of the second chance act

A

Employment and housing
Substance abuse and Mental health treatment
Children and family services

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52
Q

conditions of release

A

Restrictions on conduct that parolees must obey as a legally binding requirement of being released

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53
Q

how many states Restrictions on conduct that parolees must obey as a legally binding requirement of being released

A

all except for maine

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54
Q

revocation

A

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

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55
Q

Morrissey v. Brewer (1972)

A

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

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56
Q

due process rights for parolees include:

A

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

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57
Q

When a parolee is determined to have violated a condition of parole, the parole agency has options

A

Return the parolee to prison
Note the violation, increase supervision, and continue parole
Note the violation and take no action

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58
Q

The parole officer provides

A

surveillance and assistance

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59
Q

Parole Officers

A

employed by state
Usually armed peace officers with arrest powers
Bachelor door usually required, some require experience and graduate work

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60
Q

case load for parole officer

A

80 parolees per officer

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61
Q

80% of a P.O. time

A

spent in non-supervisory work

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62
Q

The new releasee faces four harsh realities

A

The strangeness of reentry
Continued correctional supervision
Unmet personal needs
Barriers to success

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63
Q

Civil Disabilities

A

are restricted to parolees/felons
Right to vote
Right to hold public office

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64
Q

expungement

A

Legal process that results in conviction removal

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65
Q

pardon

A

Excuses offense and absolves offender from the consequences of the crime

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66
Q

A pardon serves three main purposes

A

To remedy a miscarriage of justice
To remove the stigma of the conviction
To mitigate a penalty

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67
Q

4 factors necessary for cuccessful reentry

A

Get substance abuse under control
Get a job
Develop a support group of family and friends
Get a sense of “who I am”

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68
Q

Reentry courts

A

new method to deal with parolees

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69
Q

Four foundations support the legal rights of individuals under correctional supervision

A

Constitution
Statutes
Case Law
regulations

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70
Q

RUFFIN v. COMMONWEALTH

A

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.”

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71
Q

the constitution describes

A

the institutions of the government
the powers of the government
the rights of individuals

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72
Q

statutes

A

are laws passed by legislatures at all levels of government

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73
Q

U.S. Congress is responsible for

A

statutes dealing with problems concerning the entire country

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74
Q

case law

A

are legal rules produced by judge’s decisions

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75
Q

precedent

A

prior rulings, establish legal principles used in making decisions on similar cases

76
Q

Ford v. Wainwright (1986)

A

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

77
Q

A department of corrections make create regulations regarding

A

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

78
Q

hands-off period

A

1960’s.which courts would not respond to inmate claims

The courts saw correctional officials as the best arbiters of inmate queries and complaints

79
Q

Cooper v. Pate (1964)

A

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

80
Q

In the B.O.P., there is a one year filing period from time of conviction

A

Anti-Terrorism Act (1996)

Prison Litigation Reform Act

81
Q

PLRA:

A

makes filing more difficult especially if previous cases were dismissed as frivolous

82
Q

Johnson v. Avery (1969)

A

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

83
Q

Bounds v. Smith (1977)

A

must provide adequate law libraries or adequate legal assistance from persons trained in the law

84
Q

1967 Florida

A

inmate thrown in a barren cage after rioting 35 days

85
Q

1971 Arkansas

A

State prison found to be in violation of Eighth Amendment for allowing inmate “trusties” to monitor other inmates in barrack type quarters

86
Q

The First, Fourth, Eighth, and Fourteenth

A

are all key amendments regarding inmate rights provided under each of them

87
Q

rational basis test

A

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

88
Q

speach 1st ammendment

A

censorship of mail was permissible only when officials could demonstrate a compelling government interest in maintaining security

89
Q

Religion 1st ammendment

A

Questions have risen regarding the practice of such may interfere with prison routine and order

90
Q

4th ammendment

A

unreasonable searches and seizures

91
Q

Hudson v. Palmer (1984)

A

officials may search cells without a warrant and seize materials found there

92
Q

Bell v. Wolfish:

A

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

93
Q

Ruiz v. Estelle (1980)

A

in Texas where Judicial supervision continued for a decade regarding the unconstitutional conditions
Inmates no longer considered as “nonpersons” and had rights

94
Q

Rhodes V. Chapman (1981)

A

Minimum cell sizes to be 60 square feet of floor space; double bunking okay

95
Q

One word and two clauses of the Fourteenth Amendment are relevant to prisoner’s rights

A

“state” “procedural due process” & “equal protection”

96
Q

Wolff v. McDonnell (1974

A

ruled that the basic elements of due process must be present when decisions are made concerning the disciplining of an inmate

97
Q

equal protection

A

1996 more difficult for inmates to file civil rights lawsuits

98
Q

Most inmates face three problems

A

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

99
Q

Four alternative to litigation appear in various states:

A

Inmate grievance procedures
Ombudsman service
Mediation
Legal assistance

100
Q

All states and the B.O.P. have a grievance procedure in place
There are typically three steps used in this process

A

Staff member receive complaints
Investigates complaint
Makes a decision on the complaint

101
Q

ombudsman

A

a pubic official who investigates complaints against government officials and recommends corrective measures

102
Q

Roper v. Simmons

A

In 2005, it was determined that inmates who were under the ago of 18 at the time of their crimes could not be executed

103
Q

Furman v. Georgia (1972)

A

ruled that the way the death penalty was used constituted cruel and unusual punishment

104
Q

Gregg v. Georgia (1976)

A

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

105
Q

McCleskey v. Kemp 1987

A

Georgia failed to show that racial discrimination occurred during his capital case

106
Q

Atkins v. Virginia (2002)

A

a ruling executing the mentally retarded was considered to be unconstitutional

107
Q

Ring v. Arizona (2002)

A

ruled that juries not judges are responsible for deciding whether a convicted murdered should receive the death penalty

108
Q

Ford v. Wainwright (1985)

A

prohibits the execution of an inmate who is insane at the time of the scheduled execution

109
Q

Strickland v. Washington (1984)

A

the Court ruled that defendants in capital cases have the right to representation that meets an objective standard of reasonableness

110
Q

voir dire

A

Part of jury selection

111
Q

Witherspoon v. Illinois (1968)

A

the Court held that these potential types of jury members are not automatically excluded

112
Q

Uttecht v. Brown in 2007

A

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

113
Q

Kennedy v. Louisiana (2008)

A

ruled that there was a violation of the Eighth and Fourteenth Amendments

114
Q

McCleskey v. Zant (1991)

A

curtailed the ability of inmates to file multiple challenges regarding the constitutionality of their sentence

115
Q

Death Row Statistics

A

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

116
Q

four factors have significantly affected life inside adult prisons

A

Increased number of elderly inmates
Sizeable number of inmates with HIV/AIDS
Thousands of mentally ill inmates
Growing number of long-term inmates

117
Q

Geriatric inmates

A

special needs regarding housing, medical care, programs, and release

118
Q

elderly

A

varies by state considering over 55 and over 50 years old in that category

119
Q

POPS

A

Project for Older Prisoners. aims at removing low risk geriatric inmates from overcrowded prisons

120
Q

of inmates infected with HIV or AIDS at the end of 2008

A

21,987

121
Q

of aids deaths in 2007

A

130

122
Q

prison death causes

A

natural causes #1

Aids #2

123
Q

who has the highest rate of HIV infection

A

women (1.9 % compared to men at 1.5%)

124
Q

% of mental health problems

A

56%

125
Q

who experience mental health problems the most

A

white females under the age of 25

126
Q

Long term prisoners

A

Nearly 310,000 inmates are currently serving at least a 20-year sentence

127
Q

cost of a life sentence

A

1 million per inmate

128
Q

Three main principles for managing long-term inmates are

A

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

129
Q

youth crime rates

A

1,100 youths under the age of 18 are arrested for homicide
4,200 for forcible rape
60,500 for aggravated assault

130
Q

Massachusetts Stubborn Child Law in 1646

A

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

131
Q

House of Refuge of New York; 1825

A

Residents were to be trained in job skills, religious instruction, and held accountable with discipline

132
Q

Cook County (Chicago) Illinois, in 1899

A

first juvinile court

133
Q

Parens patriae

A

parent of the country. a doctrine that sees the state as parent, the juvenile court assumed he role as the guardian

134
Q

Informality

A

intended to move juvenile corrections away from the formality and due process requirements of the adult courtroom

135
Q

Individualization

A

was based on the idea that each child ought to be treated as a unique person with unique circumstances

136
Q

Intervention

A

was the method of the juvenile court to identify and solve the problems that led them astray

137
Q

delinquent

A

child is one who has committed an act that if committed by an adult would be criminal

138
Q

neglected

A

child is one who is not receiving proper care because of some action or inaction by their parents

139
Q

dependent

A

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

140
Q

ACLU

A

american civil liberties union

141
Q

why are juveniles treated differently

A

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

142
Q

normal delinquency

A

a set of assumptions about kinds of misbehaviors associated with growing up

143
Q

black juveniles

A

treated more harshly

144
Q

of juveniles reffered to juvenile court each year

A

1.6 million

145
Q

% of juvenile cases sent to adult court

A

1%

146
Q

waiver

A

Transfer to adult court when court believes the circumstances of the case and the seriousness

147
Q

diversion

A

Diversion seeks to avoid the burdensome consequences of formal processing

148
Q

Diversion can take two major forms

A

Stop processing the case; drop the case

Diverted to a special program

149
Q

how long is a juvenile usualy detained for

A

2 weeks

150
Q

how offten is a juvenile just placed on probation

A

62% of the time

151
Q

% of juvenile offenders reciving an intermediate sanction

A

15%

152
Q

Of all juveniles considered to be delinquent how many are placed in public and private facilities

A

23%

153
Q

Aftercare

A

the services provided to juveniles after they have been placed; put under some type of custodial care. like parole

154
Q

Street gangs

A

provide social connections and engage in a variety of criminal conduct

155
Q

how many gang members are incarserated

A

846,00 members of 31,000 different gangs are operating in about 4,824 local jursdictions

156
Q

are most gangs violent

A

no

157
Q

In custodial facilities, gangs create a challenge in terms of:

A

controlling the population

managing the potential for intergang conflict

158
Q

Operation Ceasefire in Boston

A

It was a collaborative effort by police, prosecutors, probation officers, and street gang workers involving the targeting of gun use by gang members

159
Q

where is there a juvenile prison in ct

A

Middletown CJTS

160
Q

A dilemma

A

a situation that forces one to choose between unsatisfactory alternatives

161
Q

Remedy

A

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

162
Q

lack of confidence

A

results when apparently promising strategies, upon evaluation, turn out to lack merit

163
Q

lack of confidence This list of failures include

A
Reduced caseloads
Offender counseling
Family counseling
Group treatment
Restitution
Offender classification
164
Q

internal structure

A

Jails, prisons, probation, and parole all struggle with one another

165
Q

external structure

A

The culmination of the criminal justice process

166
Q

The two essential goals in regards to staff are

A

Attracting the right kinds of people to work in corrections

Motivating them to remain once they are employed

167
Q

why are there recruitment problems

A

low starting salaries
equal pay raises regardles of preformance
staff feels unapreciative and demoralized

168
Q

cost of 1 prison cell

A

$100,000

169
Q

cost to process an offender

A

$25,000

170
Q

many facilities need repair/rebuilt but that will not alleviate

A

Overcrowding

Incapacitation strategy for crime control

171
Q

privatizatio

A

corrections surfaces as viable approach, but the research is still not confirmed
Privatization is a potential threat to administrators’ ability to manage the system

172
Q

are four forces that are at work today that will create the corrections of the future

A

Evidence-based practice
Techno-Corrections
Falling crime rates
Professionalization

173
Q

random field trial

A

The scientific method for determining “what works” is to conduct an evaluation, and the best kind of evaluation

174
Q

Electronic Monitoring

A

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

175
Q

Techno-corrections

A
Drug testing
Eye-recognition systems
Spatial monitoring systems
Computer-aided decision making
Prison cameras in prime locations
176
Q

NIC

A

national institute of corrections

177
Q

ACA

A

american corrections association

178
Q

Three challenges for re-creating corrections with an eye to the future include:

A

Reinvigorate a New Correctional Leadership
Refocus out investments in what works
Reclaim the Moral and Ethical High Road

179
Q

Reinvigorate a New Correctional Leadership

A

corrections will not get anywhere without effective leadership
Great leaders are not easy to come by

180
Q

Three tangible results for what leaders must be responsible for:

A

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

181
Q

Refocus Our Investments in What Works

A

Studies of program effectiveness have grown dramatically

The studying of studies looks for patterns and consistencies in findings

182
Q

Systematic reviews

A

: these studies help to show what kinds of programs are powerful and what kinds are not promising

183
Q

When focusing on children and what works, the following is necessary:

A
Early prevention measures
Risk-focused evidence based programs
A national council on early prevention
Local-level prevention
Communities that care
184
Q

Reclaim the Moral and Ethical High Road

A

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

185
Q

What is most disturbing is the way it has become more harsh than other systems of free societies

A

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

186
Q

other areas of concern in the U.S. correctional system

A

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