final exam Flashcards
what is the main form of corrections?
Probation
How many steps are in pretrial detention
three
pretrial detention step 1
- arrested
- read miranda rights
- taken into station for booking
pretrial detention step 2
- jails
- fingerprints, mug shots, and interview
- accused offender status
pretrial detention step 3
- fear
- questions/disorientation
- harm (drugs/alc)
- debilitating depression
biggest needs for incarcerated ppl
medical and legal needs
legal needs of incarcerated
access to counsel
two ways to make bail
- pay full amount
- pay a bond
when do bail hearings occur?
within 48hrs of arrest
alternatives to the bail system
- release on recognizance (ROR)
- pretrial diversion
release on recognizance
judge recognizes that offenders ties in the community are sufficient to guarantee presence in court
what is probation and who is placed in it
occurs in lieu of imprisonment and placed under community supervision
white male drug offenders
how many are sentenced to probation
- 60%
-22% sentenced to probation with possibility of suspension
-9% probation and additional sentence
- 9% split sentence
functions of probation
-supervision
-investigation
presentence investigations
what does it include? how does it help the judge?
occurs before sentencing to provide a summary report of a person’s background
- includes:
type of offense
criminal history
employment
victim impact statements
-helps judge:
select appropriate sentence
facilitate treatment
planning and parole
decisions
factors influencing effectiveness of probation
- classification of convicted person
- supervision experience
- officers’ competence
- policies
Probation ends in one of 2 ways:
- probation is revoked bc of infractions
- person successfully completes probation
community corrections
is an alternative to incarceration and is a model of corrections based on the goal of reintegrating offenders into the community
what are the forms of community corrections
- community service/restitution: very common for minor offenses
- home confinement (aka house arrest): one who is restricted to their house or property during certain periods of the day. has 3 levels (curfew, home detention, lockdown)
- diversion: seeks to address the roots of criminal behavior rather than solely punish
ex- drug/mental health courts
what is parole
the early release from prison with certain restrictions AFTER incarceration
what percent of the population are in jails?
12%
how many ppl are on parole?
55%
types of releases
- mandatory
- expiration
- discretionary
Mandatory release
the required release from incarceration to community supervision after serving a specified term in prison
discretionary release
the release of a person (based on their behavior while incarcerate) to conditional supervision at the discretion of the parole board within the boundaries set by the sentence and penal law
expiration release
the release of a person at the end of their sentence with no further correctional supervision
women in prison are also called
the forgotten offenders
women incarceration rates of arrest and incarceration
- rates increased more than men in the last decade
- 25% of all arrests; 68% arrested for sex work; 44% fraud
- more likely to serve drug offenses and violent property crimes
compare subcultures of men and female prisons
Female:
- prisons are less violent
- they are more responsive to programs
- they don’t segregate themselves by race
- form relationships with prison staff
general characteristics of incarcerated women
- young (25-45 y/o)
- POC
- undereducated
-under/unemployed
issues in the incarceration of women
- lack medical services and treatment
- sexual misconduct:
*rooted in the power
dynamics in the prison;
more likely to be abused
by COs
-lack a variety of educational and vocational programs
- mothers and their children
*rarely see their kids bc
they are placed in
facilities far from home.*babies are given to
family members or to
social agencies within
the first 3 weeks of birth
Origins of the Prison Rape Elimination act
Farmer v. Brennan (1994)
- Dee sues prison officials for mental anguish, psychological damage, and physical injuries (she got HIV from an assault)
- violation of the 8th amendment right
Assignment in prison for transgender
-they are given the opportunity to shower apart from others and live in separate wings
inmate code
a set of rules of conduct that reflects the values and norms of the prison system
prisonization
the process by which a new prison member absorbs the norms of prison society and learns to adapt to the environment
argot roles
the prison subculture designating ppl according to the roles they play in that society and the extent to which they conform to the code
norms and values inside the prison
- one must have an image of fearlessness and toughness
Sykes refined the rules in the code as…
- don’t interfere with others interest
- don’t quarrel w inmates
- don’t exploit others
-don’t trust the guards. they might use anything you tell them against you
characteristics associated to violence in prisons
- inadequate supervision; low number of staff
- architectural design promotes victimization
- easily available weapons
- tension from living so close together
- housing violent prone ppl near defenseless ppl
3 characteristics that underlie behavioral factors
- age
-race
-attitudes
explain the confinement model
- the formal organizational structure is a hierarchy of staff
- defects of total power: COs have limited power. the belief that COs have total control over inmates is false
- COs use rewards and punishments to gain cooperation and compliance
- gaining cooperation: COs have to negotiate and tolerate infractions in exchange for compliance
Steps of the grievance process
- a complaint is sent and received
- investigation
- a decision is made
Origins of the grievance process
Following the deadly riots in NY’s Attica prison in 1971, the US general encouraged the creation of grievances
Types of grievances filed
- brutality of staff
- improper medical treatment
- lost personal property
Timeline in prison expansion and types of sentencing
- Incarceration and arrests rates increased dramatically in the 1980s. Drug offenses also increased (heroine and cocaine)
- tougher sentencing laws
SENTENCING:
- intermediate: period of incarceration with a min and max term stipulated (rehabilitation)
- determinant: fixed period of incarceration (restitution)
- mandatory: a sentence requiring that a minimum period must be served
factors associated with prison expansion
- war on drugs
-increasing rate of incarceration and arrests
- tougher sentences
- state and local policies
Capital punishment is a _____ and ____ sentence
Final and irreversible
understand arguments from those opposing and supporting the death sentence
Opponents argue:
- only God has the right to take a life
- execution of innocent ppl
- discriminates POC
Supporters argue:
- deters crime
- punishment for horrible crimes
- prevents dangerous ppl from harming anyone
Identify key court cases in regards to the death penalty
*Farmer v Georgia (1972)
- first case to bring up the death penalty
- declared capital punishment as unconstitutional bc it violates the 8th amendment
*Gregg v. Georgia (1976)
- declared capital punishment as constitutional if there was a bifurcated law
*McClesky v. Kemp (1987)
- court rejected a challenge based on the premise of racial discrimination
-THINK “Kemp cant be racist in challenges”
*Atkins v. Virginia (2002)
- Mentally ill ppl cant be put to death
*Romper v. Simmons (2005)
- minimum age of execution is 18
legal issues today with capital punishment
- mentally ill
- effective counsel
- whether a jury is qualified to sentence someone to death
- the lengthy appeals process
Solitary confinement
form of imprisonment by living in a single cell with minimal to no contact w others
understand the history of solitary confinement
First introduced in the 1970s at the walnut street jail as a form of reform rather than punishment
What purpose does solitary confinement have
- safety
- control
- order `
outcomes of solitary
- psychological damage and increased risk of self harm
- increased recidivism
- expensive
recidivism rates
of those incarcerated, 52% are likely to be reincarcerated within three years
challenges of re-entry
- stigma
- personal needs
- the strangeness of freedom
- supervision and surveillance
- barriers to success
- civil disabilities
- employment
list the 5 deprivations and by who
- deprivation of liberty
- deprivation of autonomy
- deprivation of security
- deprivation of goods and services
- deprivations of heterosexual relationships
by Sykes
Sykes study design
exploratory study with interviews and surveys
identifying main argot roles
- rat: snitch for revenge or the rid competitors
- Center man: one who sides with COs
- real man: one who does his own time; upholder of rules and inmate code
-gorilla: one who takes things by force and aggression
- wolf: one who pursues their own interest
- punk: one who gets bullied into sexual favors; passively gay
Western’s study design
ethnography study with interviews and surveys
Pseudo families
Family like structures in which inmates assume roles similar to those of a family. Used for emotional and economic support and protection
risk confinement
those who are at risk of physical and sexual victimization. cause for being in solitary frequently
deinstitutionalization
the emptying of state psychiatric hospitals
school to prison pipeline
the policies and practiced pushing kids out of school, into the CJS
reasons for revocation of parole
- Legal violations: committing a new crime
- technical violations: violating conditions of parole
