Unit 1 Flashcards
Selective incapacitation
Picking and choosing about who we incarcerate. Prioritize violent dangerous people.
Technical violations
While on probation or parole, rules that are broken that will put you back in prison. Drinking, out past curfew, leaving out of state without permission, etc.
Five contributing reasons for increase in incarceration trends
Increased arrests and more likely incarceration, tougher sentencing, prison construction, war on drugs, state and local politics
Discrimination
Differential response to a group without providing any legal reason for that response. Treated differently because of race, gender, etc.
Disparity
Inconsistencies in sentencing and/or sanctions that result from the decision-making process
Truth in sentencing
Laws that require accused individuals to serve a substantial proportion of their prison sentence before being released on parole. For most states, 85%
Good time
A reduction of an incarcerated individual’s prison sentence, at the discretion of the prison administrator, for good behavior or for participation in vocational, educational, and treatment programs
Who is part of the total jail population?
Most are in state prisons, second most are in local jails, and last is federal prisons
Mandatory minimum sentence
Minimum percentage of amount of time of a sentence that must be served with no good time or early release modification
Sentencing guidelines
an instrument developed for judges that indicates the usual sanctions given previously for specific offenses
How it is decided: Indeterminate sentence
Sentence is a range, judge decides sentence, parole decides release date
How it is decided: determinate sentence
Sentence is fixed, sentencing guidelines are used to determine sentence and release date
How it is decided: determinate presumptive
Sentenced is fixed, but the judge can impose judicial departures; sentencing guidelines + judge (judicial departures) are used to determine sentence and release date
How it is decided: determinate discretionary
Judge chooses sentence based on specific range; sentencing guidelines (law) + judge (judge selects date from range provided by guidelines) are used to determine sentence and release date
Lockups
a facility authorized to hold people before court appearance for up to 48 hours
Bail
Amount of money, specified by a judge, to be posted as a condition for pretrial release. Hold on to it with an assumption that you will come back to court to get back the money.
Incarceration population
- 1/2 in state prison, 2. local jails, 3. federal prisons, 4. private state prison
intermediate sentences
A variety of punishments that are more restrictive than traditional probation but less severe than incarceration
Cash bond
Pay bond out of your pocket
Signature bond/OR bond
Sign a paper that you will come back for your court date
Property bond
Sign over property (e.g., car) to state for bond, if you show up, you get that property back
Surety bond (bail bondsmen)
Pay someone to pay your bail, but they get all their money back if you show up, you don’t get any back.
Split sentence
Sentence in which the accused individual serves a longer period of incarceration (can be several years), followed by a period of probation
“10 years serve 2”
Shock incarceration
Sentence in which the accused individual is released after a short incarceration and resentenced to probation. Months-half a year, specific deterrence
Parole
The approval of an early release of an inmate wherein the parolee will be supervised in the community for the remainder of his/her prison sentence. Not a sentence in itself.
Probation
A sentence allowing the accused individual to serve the sanctions imposed by the court while he or she lives in the community under supervision
Restitution
Money paid directly to victim in response to crime.
Fee
Money for services: court expenses, electronic monitoring, probation/parole expenses
Fine
A monetary penalty imposed as a punishment for having committed an offense. Example of retribution.
Crime control model
An approach to crime that increased the use of longer sentences, the death penalty, and intensive supervision probation (ISP). Emerged during get tough on crime era.
Martinson report
“nothing works”
Reintegration model/community corrections model
Used to identify programs that looked to the external environment for causes of crime and the means to reduce criminality. Emphasized helping inmates reintegrate into society. Alternative to punitive approaches.
Recidivism
Likelihood of a convicted criminal to reoffend
Classification process
Method that looked at specific needs of inmates.
Medical model
An approach to correctional treatment that utilizes a type of mental health approach incorporating fields such as psychology and biology. Rehabilitation is the goal. Used the classification process and aimed to lower recidivism rates.
Positivist school
Empirical data and measurement. Understanding behavior through observation and reasoning. Focuses on causes of crime, rather than the individual. Biopsychosocial approach.
Progressive era
Prohibition. More morality and ethics. Sought to improve welfare of the underprivileged. Emphasized probation, indeterminate sentences, and parole. Deviance was the result of social and psychological causes that should be treated.
Macanochie’s system
System of incarceration where inmates were sent to Norfolk Island in a penal colony. Remote settlement where prisoners are sent to live and work. Sent to complete tasks rather than serve a sentence. Positive results, however, public did not like it so it was abandoned.
Marks system
Used in Macanochie’s system. Credit for good behavior, takes away points for bad behavior. Convicts used credits for reduction in sentence or for goods. Precursor to modern day parole.
National prison association
Responsible for many changes in prison operations during late 1800s. Focus on reform, classification of inmates, indeterminate sentencing
Indeterminate sentencing
Sentence is a range. Judge decides sentence. Parole board decides release date.
Determinate sentencing
Sentences with fixed periods of incarceration without flexibility in the term. Statute does determine the sentence. The sentence is determined by the statute (determined by the law). The law determines the sentence for the judge. Part of reformatory movement.
Penitentiary
An institution intended to isolate individuals convicted of a crime from society and from one another so that they could reflect on their past misdeeds, repent, and thus undergo reformation
Walnut street jail
Established in 1790 in Philadelphia. Development was America’s first attempt to incarcerate inmates with purpose of reform. Rehabilitation. One wing was designated as a penitentiary.
Included medical treatment, access to education, access to religious services
Marked clear victory for corrections reformers
Eventually encountered serious problems that led to the facility closing
William Penn
Quaker. Founded Pennsylvania, advocated for humane treatment for prisoners.
Penn and Quakers said that hard labor was a more effective punishment than the death penalty.
Hard labor became viewed as the actual punishment instead of something that happened before punishment
This introduced the idea of loss of liberty (which occurred during hard labor) as a punishment within itself
These ideas would later influence Cesare Beccaria
Jeremy Bentham
Leading advocate for use of graduated penalties during his time
Consistent with idea of proportionality
Argued that humans use hedonistic calculus
Hedonistic calculus
Process where humans weigh pleasure and pain outcomes when deciding to engage in criminal behavior
People try to maximize pleasure and minimize pain
Cesare Beccaria
Father of classical criminology.
Wrote brief treatise titled an essay on crimes and punishments:n condemned death penalty on two grounds (State does not have spiritual/legal right to take lives; Death penalty was neither useful nor necessary)
Also argued that torture was cruel and unnecessary
Contended punishment should be viewed as having a preventative function (vs. retributive function)
Punishment should be: swift, certain, severe (proportionate)
Called for more prisons for incapacitation
Branding
Mark of criminal record/crime committed. Wearing “A” on clothing for adultery. Criminal record = modern day branding
Stocks and pillories
Public punishment device. Staged at uncomfortable height wherein offender had to crouch or stand for long periods of time (days or weeks)
Banishment
Exile from society or country; may include enslavement or indentured servitude
Temporary or permanent
Britain (and other European empires) had several penal colonies
Transport them elsewhere to work
What contributed to the shift away from capital and corporal punishment?
Public outcry (Age of Enlightenment) and industrial evolution
Bloody codes
Series of laws from England that mandated many, many crimes be punishable with death penalty.
Until 1700s, ____ was generally the most frequently used punishment
Corporal punishment
Earliest known written code of punishment
Code of Hammurabi. Lex talionis. Retribution, law of retaliation. Eye for an eye.
Civil death
Offender has the legal status of a slave; offender’s property was seized and his wife considered a widow
Felony disenfranchisement
Wergild
Payment of money as compensation for wrongdoing and to prevent a violent blood feud. Prior to 1200
Trial by ordeal
very dangerous and/or impossible tests to prove the guilt or innocence of the accused
Are pretrial detainees more likely to be sentenced to jail or prison?
Yes. Jail (4x). Prison (3x)
Pretrail detainees are between ___ more likely to have their case end in conviction
13%-24%
Fee system
A system by which jail operations are funded by a set amount paid each day per person held
Some states allow Sheriffs to keep unused money
What is the single leading cause of death in jails?
Suicide. More prevalent in jails than in prisons. 300 a year.
When do most suicides in jails happen?
Within the first 7 days. Could be due to shock of situation.
More than ____ in jails have a physical ailment
1/3
Female inmates have ____ rates of medical issues than males
higher
Routine health deficiencies of lower class
Poor dental health, lack of nutrition, lack of preventative care, risky behavior, exercise, high rates of homelessness
HIPAA
protects privacy and confidentiality in health-related issues
Detoxification
Use of medical drugs to ease the process of overcoming the physical symptoms of dependence. Without a long-term treatment component, it rarely results in permanent sobriety
Three factors that have contributed to high rates of TB in detention and jail facilities
People at greater risk for a TB infection are drug users, poor people, and people who have HIV/AIDS
People live in close quarters in jails and prisons
People are constantly moving in and out of detention centers
“dual diagnosis” or “co-occurring disorders”
Mental illness + substance use. 75% of inmates with mental health issues also have a substance abuse issue.
About __ of jail inmates have a history of mental health issues
2/3
Podular unit
Self-contained living areas designed to hold 12-25 people
Have individual cells for privacy and open areas for social interaction
Jails generally contain two or more pods
Direct supervision
A method of correctional supervision in which staff members have direct, continual physical interaction with inmates
two important aspects (podular units and direct supervision)
Inmates have more access to some privileges
Greater interaction between staff and inmates
- Improve security because staff knows inmates
- Physical presence of staff can reduce predatory inmates’ having control over a dorm
Highest risk area at a jail
Booking area. Noncompliant, especially if they are really drunk or high. Could be hiding something.
booking area
- Where intake occurs
- Arresting/transporting officers must provide appropriate legal paperwork so that offender can be legally detained
- Depends on jurisdiction (booking sheet, arrest warrant, etc.)
- Offender is searched for weapons and contraband
- Greater risks in this area than any other
Sally port
Entry design that allows security staff and vehicles to securely access and move through the facility
the Pennsylvania system
Western and eastern state penitentiary, developed by Quakers in 1820s. Inmates housed in individual cells, facility was well maintained.
Problem with Pennsylvania system
Continuous solitary confinement led to worsened mental health and suicide rates. Civil war strained financial resources
Auburn system (congregate system)
Penitentiary system. Kept in solitary confinement only during evening, but permitted to work together throughout the day (however, expected to stay silent). Emphasized a militaristic system, inmates were expected to work, read bible, and pray daily. Idea was that these activities would lead to reform. Made economic goals more feasible with contract labor system.
Contract labor system
labor of incarcerated individuals sold on contractual basis to private employers. Proceeds generated from inmate labor aided in offsetting costs of housing inmates.
Similarities of Auburn and Pennsylvania systems
Both involved some religion, reform/regard for humane treatment, and minimal/no talking
Southern system of penology prior to civil war
Separate laws were required for slaves and free men: the slave codes. Black slaves generally weren’t sentenced to prison because they were “property” to their owner and prison would not mean much for “loss of liberty.”
Southern system of penology post civil war
Black codes: governed white folks and freed black folks differently. Granted some civil rights: marriages, ownership of property, some access to the courts. Limitations: can’t carry weapon, had a curfew, vagrancy, permits for certain industries, can’t leave state without permission (similar to current probation and parole rules)
Post civil war convict leasing in South
Substitute for slavery after 13th amendment outlawed indentured servitude and slavery, 90% of leased inmates are in South.
Corrections
a process whereby practitioners from a variety of agencies and programs use tools, techniques, and facilities to engage in organized security and treatment functions intended to correct criminal tendencies among the offender population
Five segments of the CRMJ system
law enforcement, courts, corrections, juvy justice system, and victim services
Chain gangs
Created with abolition of convict leasing system, group of convicts working together being connected by a chain
