Intro to Crim Exam #4: Ch. 11, 12, 13, 14

Models of Private Prisons

+ 1.) Private corp. finances and builds the institution and contracts with the correctional authority to run it. + 2.) Private corp. finances, builds, and leases the facility to the government; advantage is gov't doesn't have to get voters to approve funding a new prison through taxes + 3.) Private corp. is hired by correctional authority to operate certain aspects of an existing facility; food, health, education

Arguments for the Death Penalty

- "Ultimate" Incapacitation - Strong Deterrent - Morally Correct: as it is mentioned in the Bible, provides justice - Proportional to the Crime - Reflects Public Opinion - Unlikely Chance of Error

Primary Purpose of a Jail

- 1.) Detain accused offenders who cannot make or are not eligible for bail prior to trial - 2.) Hold convicted offenders awaiting sentence - 3.) Serve as the principle institution of secure confinement for offenders convicted of misdemeanors - 4.) Hold probationers and parolees picked up for violation and awaiting a hearing - 5.) House felons when state prisons are overcrowded

Punishment Ladder

- 1.) Restorative Justice: punishment doesn't work, emphasize repairing harm to victims and community and holding offenders accountable in terms of taking responsibility to repair harm done. - 2.) Pretrial Release: diversion programs - 3.) Fines: monetary payments imposed on offenders as an intermediate punishment for their crime - 4.) Forfeiture: seizure of personal property by the state as a civil or criminal penalty - 5.) Probation: just discussed - 6.) Restitution: sanction that requires the offender to repay the victim and/or society for damages caused by their criminal act. - 7.) Intensive Probation (IPS): small probation caseloads, strict daily or weekly monitoring, goal is decarceration - these clients would be in prison if not for IPS - 8.) House Arrest: convicted offenders spend extended periods of time in their own homes as an alternative to incarceration - 9.) Electronic Monitoring: an addition to house arrest; monitor added to know exactly where the offender is at all times - ensures they are home when they are supposed to be. + Active system constantly monitors by sending a signal to a central control + Passive system monitor by phone call, offender must answer phone - 10.) Residential Community Care: convicted offenders housed in a non-secure facility from which they can go to work, attend school, or participate in treatment programs. Can double as a pre-release center and help offenders leaving prison re-adjust to the world. Also used as Day Reporting Center where offenders go for the day for treatment, education, training, etc. and then go home at night. - 11.) Shock Probation: (AKA Split Sentence): sentence an offender to prison for some period of time and then probation to follow - 12.) Prison - 13.) Death Penalty

Problems with Sentencing Guidelines

- 1.) too rigid, too harsh, too hard to figure out - 2.) biased against minorities - crack vs cocaine example - 3.) Results in longer prison terms. - 4.) Prevents judges from considering mitigating circumstances. - 5.) Reduces use of probation - good tool for community supervision. - 6.) Requires incarceration for minor offenses that could have resulted in community release options. - 7.) Still allows for judicial discretion because interpretation of guidelines is needed.

Pennsylvania System

- 1818: Western Penitentiary built in Pennsylvania - 1829: Eastern Penitentiary built in Philadelphia

Private Prisons

- 1986 US Corrections Corporation opened the first private prison in Marion, Kentucky - It was a 300 bed minimum security facility for inmates within 3 yrs of parole - Today, approx 450 private prisons are in operation in US; housing over 100,000 inmates

Educational Programs

- 41% of inmates have not completed high school so education is a critical component of any rehabilitation effort. - Most prisons provide GED programs, some provide classroom education programs and some even offer college courses and degrees - Quality of the program depends on the budget in the prison; some are full time with excellent staff, some are part time with less qualified staff - Most popular program in a prison

Prison Models

- Auburn System - Pennsylvania System

Parole Board Process

- Basically, Offenders come before the parole board once they have served the minimum length of the sentence imposed by the judge - The board can consider police reports, presentence investigations, psychological testing, institutional reports, victim statements, and inmate statements. - They decide which inmates have a reasonable probability of succeeding outside of prison.

Unique Aspects of Auburn System

- Built in tiers (known as the tier system): cells were built vertically on five floors - Implemented congregate system: prisoners work and ate together - Three classes of prisoners: + 1.) Remained in solitary confinement (built in 1819) + 2.) allowed to work as a form of recreation + 3.) largest class: worked and ate together separated only at night

Presentence Investigation

- Conduct an inquiry in the community to discover factors related to the criminality of the offender - Gather information on defendants background, family life, education, and employment - Recommend an appropriate sentence to the judge - Report is also used to develop a treatment plan if the offender is placed on probation

Receiving Probation

- Convicted offenders can receive a sentence of probation in a couple of different ways. + 1.) Straight Probation: no prison sentence involved or threatened + 2.) Suspended Sentence: prison sentence imposed but "suspended" in lieu of successful completion of probation term. + 3.) Split Sentence: prison sentence in addition to probation time - In cases of suspended sentences: if the offender fails to meet the conditions of probation or commits a new crime they violate their probation terms and their probation will be revoked. - Revocation means the probation contract is terminated and the original sentence is enforced - they go to jail or prison.

Criticisms of Private Prisons

- Costs to operate are same; not more cost effective - Opposition from state and federal corrections about losing jobs - Public skeptical about private firm's ability to provide sufficient security - To compete on price, private facilities may cut corners in other areas - Legal issues: liability of personnel if something goes wrong, use of deadly force, etc

Types of Programs Offered

- Counseling & Treatment - Educational Programs - Vocational Programs - Programs for Special Needs Inmates - Self-Help Programs

Prisoner's Rights Before 1960

- Courts kept a hands off policy and refused to interfere in the administrative affairs of a prison. Why? + 1.) correctional administration is a technical matter best left to experts not courts to decide + 2.) society is apathetic about what goes on in prison - not an important societal issue + 3.) prisoner complaints usually involved privileges not rights

Auburn Philosophy

- Crime prevention through fear of punishment and silent confinement. - Worst felons were cut off from everyone with no hope of pardon, isolation was complete. - Use of silence was the key to discipline: prevented plots and escape plans

Administration of Probation

- Depends on the jurisdiction - Brockton is a good example of a typical Probation Department + Part of a single district court + Has both Adult and Juvenile components + Work closely with judges in that court + Chief Probation Officers supervise the district office duties but are mandated and controlled by a state department, not stand alone offices + Probation Officers are front line practitioners, report to Assistant Chiefs who report to Chief who reports to state

Unique Aspects of the Pennsylvania System

- Each inmate was placed in a single cell for the duration of their sentence - Classification was abolished because each cell was seen as a mini-prison - Prison built in semi circle with cells along the circumference - Cells built back-to-back some face boundary wall while others face internal area of circle - Inmates kept in solitary confinement except for one hour a day

Auburn System

- Early 19th century: prison overcrowding already a problem in US, in particular in New York and Pennsylvania - In 1816, New York built a new prison in Auburn designed to cope with the prison overcrowding problem

Prison Definitions

- Every state as well as the Federal Bureau of Prisons maintains facilities called prisons, penitentiaries, or reformatories. - Prisons are state or federal correctional institutions used for the incarceration of felony offenders for terms of one year or more. - 1,800 public or private prisons exist in US - 1.6 million prisoners housed in state and federal prisons - 84 federal facilities and 26 private facilities house federal prisoners

Sentencing Reform: Truth-in-Sentencing

- Federal government sponsored sentencing reform - mandates that any defendant that pleads guilty or has been found guilty of a felony shall be required to serve a minimum prison term of 85% of the sentence imposed by the court. - Restricts or eliminates parole eligibility and good time credit. - Attached to federal funding: to qualify for funding states must adopt truth-in-sentencing laws. - More than half the states have adopted the federal guidelines and 13 more have adopted some form of truth-in-sentencing program.

Determinate Sentencing

- Fixed term if incarceration. - Developed as an answer to concerns over indeterminate sentencing. - Judge assigns a set term of incarceration - no chance of parole but offenders can still get out early by earning "good time" - Good Time: + Reduction of prison sentence by a specified amount of days in exchange for good behavior within the prison. + Can accrue 10 to 15 days a month for good behavior or participating in treatment programs. + Can reduce determinate sentences in half. + Can be lost if the prisoner breaks the rules or gets in a fight.

Community Correctional Facilities

- Focus of these alternative institutions is reentry into society - Began in 1960's as "Halfway Houses" - Offenders transferred there prior to release into community; bridged the gap between prison and outside world - Include counseling, treatment, employment skills, life skills, etc. - Also available as a sentence instead of prison - Found in regular homes or apartment buildings in regular neighborhoods - Hard to gain community acceptance because no one wants ex-offenders living in their neighborhood (NIMBY) - Often use ex-offenders as staff; show success to the clients - Evaluation of programs not very encouraging - Community resistance, zoning laws, etc means the houses often have to be located in poor or "bad" neighborhoods; exactly where you don't want offenders to live - Very inexpensive to operate so they continue to be used; mostly due to a lack of a better alternative

Legal Issues of Capital Punishment

- Furman v. Georgia: discretionary imposition is unconstitutional - Gregg v. Georgia: consider aggravating and mitigating circumstances - Ring v. Arizona: jury must impose sentence - Atkins v. Virginia: may not execute mentally ill - Roper v. Simmons: must be 18 years old to be executed

Goals of Punishment

- General Deterrence - Incapacitation - Specific Deterrence - Retribution/Just Desert - Rehabilitation - Diversion - Equity/Restitution - Restoration

Maximum Security Prison Characteristics

- Houses dangerous felons - Maintains strict security measures; high walls, barbed wires, electric fences, guard towers with armed guards, limited contact with outside world (Think Alcatraz) - Small cells with only bed, toilet and shelf - Cells organized in blocks and tiers (Auburn) - Blocks make up wings; each cell, block and wing are locked down at night - Inmates are assigned numbers and uniforms when they enter - Daytime; inmates have meals, workshops, education, jobs, etc. - Discipline problems confined to cell - Visitors separated by plexiglass - Security is most important; line of sight always maintained; no hidden corners; mirrors and cameras everywhere - Supermaximum: can be a stand alone facility or a wing within a max prison, locked down 22 hours a day

Medium Security Prison

- Houses non-violent offenders - Less tense and vigilant atmosphere - More opportunities for contact with outside world - Similar in appearance to maximum security but within the walls atmosphere is different - Fewer guard towers and security precautions - More extensive visitor privileges; face to face visits allowed - More treatment programs available; rehabilitation goals

Minimum Security Prison

- Houses white collar and other non-violent offenders - Few security measures; no walls, no armed guards - Liberal furlough and visitation policies - Most trustworthy inmates - least violent - Lots of personal freedom - Vocational training, work furloughs, education release - Dorms and small private rooms; some personal possessions allowed

Sentencing Models

- Indeterminate Sentencing - Determinate Sentencing + Structured Sentencing - Mandatory Sentencing

Prison Farms and Camps

- Inmates work at one of these facilities as their sentence - Operating since 19th century - Mostly found in South & West (warmer climates) - Farms; produce dairy products, grains, vegetables to be used in state correctional facilities, hospitals, and schools - Forest Camps; maintain state parks, fight forest fires, do reforestation work. - Road Camps: repair roads and state highways - Ranches: raise cattle, breed horses, etc.

Intake

- Interview defendants who are summonsed to court for initial appearance - Intake is very common in juvenile cases but also applies to adult misdemeanors - Purpose: to see if case can be resolved at that initial court phase rather than going further - restitution, diversion, informal probation

Jail Population

- Jails are viewed as holding facilities only; not true "correctional" institutions because they have no meaningful treatment programs because offenders aren't there long enough. - Over 750,000 offenders confined in jails + 50% awaiting formal charges (arraignment), bail, or trial. + 50% convicted offenders serving time, awaiting probation or parole revocation hearings or awaiting space in a state prison

Risk Classification

- Key to the Diagnosis and Treatment process - Defined as assigning cases to a level and type of supervision based on the probationer's needs and risks they present to the community - Risk is calculated by considering age, employment status, substance abuse history, prior felony convictions, number of address changes in prior year. - Intensive Supervision: + High risk, drug addicted, violent, etc. + May be required to report to PO 3 times per week, subject to home visits, subject to drug testing, etc. - Low Supervision: + Low risk offenders, report to PO monthly, no conditions

Legal Challenges w/ Sentencing Guidelines

- Legal Challenges: + Apprendi v New Jersey: judge used hate crime enhancement to increase firearms sentence - Ct ruled any factor other than prior convictions must be submitted to a jury and proved beyond a reasonable doubt - not up to judge alone to decide + Blakely v Washington (similar to Apprendi) judge decided on "deliberately cruel" enhancement alone; Ct rules this violates 6th amendment since jury did not decide on all factual findings + US v Booker: Court ruled federal guidelines were unconstitutional, allowing that judges should consider the guideline ranges but must also be permitted to alter sentences in consideration of other factors. Guidelines must be used in an advisory capacity only.

Sentencing Factors

- Legal and Appropriate Influences: + Severity of Offense + Prior Criminal History + Violence Involved + Type of Weapons Involved + Was Crime Committed for Money - Less Appropriate Influences: + Age: older defendants get lighter sentences + Race: disproportionate number of minorities in prison + Gender: Chivalry Hypothesis, women benefit from the fact that the justice system is a male dominated arena - get easier sentences. + Income: lower class gets longer prison terms + Victim Characteristics: likable victim vs. victim put on trial, victim statements taken into account vs. victim statements disregarded.

Probation Conditions

- Lot of discretion involved with formulating conditions of probation, some examples include: + Check in with PO at specified intervals + Can't leave jurisdiction + Maintain employment + Maintain housing + Attend treatment programs + Curfew + Stay away orders + Drug testing + Home visits + Restricting Internet Usage

Jail Definition

- Low priority in CJ system - Administered on county level - Not regulated, no unified national policy on what is adequate jail conditions - Some are very bad and very old (Deer Island), some are very nice and new construction (Plymouth County House of Correction)

Who is Most Likely to Succeed Probation

- Married - Have children - Lived in area for 2 or more years - Employed

Special Needs Inmates

- Mentally Ill: require special care and physician monitoring - Elderly Inmates: health care, special diets, special work and recreational activities - Drug Dependent Inmates: hard to treat population because there are so many and the programs offered are so inadequate; may left to detox on their own - Inmates with Families: some prisons allow conjugal visits; 48 hours in private setting; need to maintain family bond to make re-entry easier - AIDS Infected Inmates: special costly health care required, administration won't even know unless the person discloses upon entry to prison. Creates a huge problem when combined with the sexual abuse that occurs in prison because no one is practicing safe sex behind bars so the disease can spread rapidly throughout a prison population.

Types of Prisons

- Minimum Security - Medium Security - Maximum Security

Is Probation Successful?

- Most commonly used alternative sentence - It is humane, offenders get to stay with their families and maintain community contacts - It is cost effective, $2,000 a yr vs $25,000 for incarceration - Data shows: + 65% of offenders successfully complete their probation + 30% are re-arrested, violate conditions, or abscond + High, but better recidivism rate than those sentenced to prison

Vocational Programs

- Most prisons have some form of vocational programs. - In many cases, in order to be eligible for parole inmates must participate in a prison industry and show stable employment in prison before they can be paroled. - Basic prison industries include: Food Service, Maintenance, Laundry, and Agriculture - Vocational training programs are also offered in some prisons: skills training involving furniture making, license plates, clothing, etc. - Criticism of these training programs is that they don't teach skills useful in the outside world; they are only offered to maintain the prison (income) - Work Release: allows inmates to leave prison to work; return at night; gives them a chance to get training and make money.

When Imposing a Sentence

- Most sentences are imposed by the judge, but they can also be imposed by a jury or mandated by statute. - Variables taken into consideration are: + Victim impact statements + Presentence investigation reports discussing offenders social and personal history and chance for rehabilitation + Offender statements + Offender character witnesses

Indeterminate Sentencing

- Most widely used sentencing model. - A term of incarceration with a stated minimum and maximum length. - The prisoner is eligible for parole after serving the minimum sentence. - Comes from the belief that prisoners can be rehabilitated and should be confined only until they are rehabilitated successfully. - Lots of leeway for judges and it individualizes the sentencing process - actual length of time served is controlled by judge and correctional facility. - Criticisms: + 1.) too much disparity in sentences people receive from different judges in different jurisdictions. + 2.) parole critics don't like the power of release being in the hands of the parole board. + 3.) protection of due process not maintained in correctional setting - no rhyme or reason to parole decisions.

Types of Sentences

- Offenders are sentenced for each charge they are convicted on; if charged with two counts of same crime or two different crimes they will receive a sentence for each one. - Concurrent Sentences: sentences served at the same time - start on the same day and both are completed once the longest term has been served. - Consecutive Sentences: sentences are served one after another.

Counseling and Treatment

- Offenders come into prison with a lot of psychological and emotional problems that just get worse the longer they are incarcerated. - Most of these are associated with histories of substance abuse and physical abuse. - Counseling or treatment can be in a group format or individual setting. - Most common programs offered help inmates to: + Control emotions + Communicate with others + Deal with legal concerns + Manage general life issues + Develop and maintain social relationships

Jail Conditions

- Oldest and most deteriorated institutions in the CJ system - Administered by county: improving facilities is a hard sell to taxpayers, usually have very tight budgets + Jail employees are underpaid and ill-trained - budgetary reasons + Jails are overcrowded and ineffective

Criticisms of Both Models

- PA system critics said it was cruel and inhumane, physically and mentally damaging. - Auburn critics said it tempted the inmates to talk and conspire because they were allowed to work and eat together, a breeding place for criminal associations

Probation Officer Style

- PO's have many different styles of approaching the job - very similar to the police personalities - Some see themselves as enforcers, concerned with supervision and meeting conditions - Some see themselves as social workers, concerned with treatment and helping rehabilitate - Some are a mix of both

Difference Between Parole and Probation

- Parole is the early release of a prisoner from incarceration subject to conditions set by a parole board. - Probation is a sentence that is imposed on a convicted offender upon completion of a criminal trial.

Parolees

- Parolees in the community are much like probationers. - They have conditions and rules to follow, they are classified by how much supervision they will require, and they are supervised by a Parole Officer. - Parolee failure is a significant problem; Re-entry is hard work and inmates are not prepared on the inside for what it will be like on the outside

Arguments against the Death Penalty

- Possibility of Error - Unfair Use of Discretion - Misplaced Vengeance - Weak Public Support - Little Deterrent Effect: Immediate-Impact Studies, Time-Series Analysis, State-by-State Comparison - No Hope of Rehabilitation - Race, Gender and Other Bias - Causes More than it Deters - It is Brutal - It is Expensive - Morally Wrong

Duties of Probation Officers

- Presentence Investigation - Intake - Diagnosis - Treatment Supervision - Risk Classification

#1 Prison Model: Auburn System

- Prevailed over the PA model and spread throughout the US - Most prisons were built in tiers with solitary confinement used only for disciplinary problems, congregate work and meal times the norm - Military regiment: bells, marching, commands, etc.

Types of Alternative Correctional instiutions

- Prison Farms/Camps - Shock Incarceration at Boot Camp - Community Correctional Facilities - Private Prisons

Pennsylvania System Philosophy

- Prison is a place to do penance. - Sinner removed from society, isolated to consider their crime and reflect on religion - This model eliminated the need for large number of guards or discipline, isolation kept inmates from getting into trouble, no way to formulate escape plans or even talk to one another

Diagnosis

- Probation Officer evaluates the offender based on intake and presentence investigation report and creates an appropriate treatment plan - Probation Officers analyze the probationer's character, attitudes, behavior, and personal problems including substance abuse issues and mental health issues. - Goal: to develop a personality profile that may be helpful in treating the offender.

Probation Definition

- Probation is a criminal sentence mandating that a convicted offender be placed and maintained in the community under the supervision of a duly authorized agent of the court (Probation Department) - It is a conditional release of a convicted offender; subject to certain conditions for a specified period of time. - Theory: average offenders are not dangerous criminals so they can make amends for their crime while still existing in the community. - Probation provides the same effect on the correctional system that plea bargaining does for the court system; it unclogs an extremely overcrowded component - 2,000 Adult Probation Departments in the United States - 4.2 million people are under federal, state, or local probation + 50% are felons + 49% misdemeanors + 1% Other

Treatment Programs

- Rehabilitation in prison is very difficult to achieve - Problems encountered include: + Staffing: not enough money to hire enough trained people or pay enough to attract quality candidates. + Philosophy issues: why are we spending money on treating criminals when deserving people in the community can't afford counseling or health care + Evaluation: many show that programs do not rehabilitate anyone; so it is a hard sell because no one can even prove they work.

Main Parole Board Functions

- Select and place prisoners on parole - Aid, supervise, and provide continuing control of parolees in the community - Determine when parole function is complete and discharge offenders from parole - Determine whether parole should be revoked if violations occur

Mandatory Sentencing

- Sentences set by statutes. - A statutory requirement that a certain penalty be set and carried out in all cases of conviction for a specified offense. - Limits judges discretion to impose any sentence except the one authorized by the legislature. - Provides equal treatment for all offenders who commit the same crime. - More than 35 states have mandatory sentencing for crimes like drug distribution, gun possession, arson, kidnapping, etc. - Critics: size of correctional population has grown to record levels and they have failed to eliminate racial disparity from the sentencing process. - Example: three strikes law

Shock Incarceration at Boot Camp

- Short prison sentence served under military discipline at a boot camp facility - Usually young first time offenders will undergo intensive physical conditioning and discipline lasting 90 - 180 days - Theory: discipline will make these offenders change their behaviors •Promotes responsibility, decision making skills, builds self-confidence, and teaches socialization skills - Some programs include education and counseling some are just about physical activity - However, inmates are treated very roughly - Critics say it is cruel and inhumane punishment; many times leads to lawsuits for injuries - Program evaluations have been disappointing; many programs including federal boot camp are now closed

Types of Jails

- Short-term lock-ups: 15,000 in U.S., can hold prisoners for 48 hours or less (ex. police stations) - County Jails: After 48 hours must be transferred to county facility (House of Correction) holds pretrial detainees and convicted misdemeanors.

How do you get paroled?

- Some states have a Parole Board that decides when someone can be released. - Others have mandatory parole release; prisoners released by statute after serving a specific percentage of their sentence - People on parole is up 30% since 1990 to 650,000 - It is being used more to continue supervision of offenders in the community after incarceration - Prosecutors believe it is a better option than "wrapping" a sentence

Program Evaluations

- Studies to date do not show a clear value to any of these programs. - Many are successful at achieving their own goals, but there is no magic program to reduce recidivism and rehabilitate the offender. - In order to work better they need funding, staffing, implementation plans, follow-through, and commitment by administrators and inmates; very difficult to achieve all of these at one time, always one piece of the puzzle missing

Prisoner's Rights Movements (1960-1980)

- Substantive Rights granted include: + Access to courts, legal services, and materials + Freedom of press and expression + Freedom of religion + Medical rights + Cruel and unusual punishment; treatment that degrades human dignity is disproportionately severe or shocks general conscience is prohibited by 8th Amendment +Overall Prison Conditions; food, clothing, shelter, medical care, etc, determined to be cruel and unusual punishment

Treatment Supervision

- Supervise/monitor cases assigned to ensure probationers follow rules and conditions - Attempt to rehabilitate their clients through specialized treatment - Make sure the probationers are complying with the treatment plan: attending programs, school, holding a job, meeting with PO, etc. - Contact can be weekly or monthly and can be with the probationer, the family, employers, etc.

Capital Punishment (Execution)

- The most severe sentence in the U.S. - More than 14,500 have occurred - First one was the execution of Captain George Kendall in 1608 - Today, approx. 3,000 people on death row, around 30 executed every year - Most executions are for murder and rape, but some federal, state and military laws have imposed death for other crimes like robbery, kidnapping, treason, espionage and desertion from service - In recent years, the SC has limited death penalty to first degree murder, though the feds still have it for espionage, treason, drug trafficking, etc. - Some states have it for crimes like aircraft piracy, ransom kidnapping and aggravated rape of a child - In 2007, New Jersey became the first state since 1967 to abolish death penalty by law; other states followed like Nebraska

Equity or Restitution

- Theory: Convicted offenders must pay back their victims for their loss, the justice system costs, and society for any disruption they may have caused. - Equity: if criminal benefited from their crime they should make restitution to the victim and society. - Possible to pay fines, perform community service, or pay restitution to victim.

Restoration

- Theory: Defendants are asked to confront their behavior, the damage they caused the victim, and the shame they brought to their family, friends, and community. - Ultimate goal is to have offenders appreciate the damage they caused, make amends, and be reintegrated back into society. - Mediation and "sentencing circles" are techniques used to formulate the best sentence based on needs of victims and defendants. - Problem: Obviously does not work for all crime types.

Specific Deterrence

- Theory: Punishment severe enough to convince the individual convicted offender never to repeat their criminal activity. - Focus is on reducing recidivism rather than deterring other people from committing crimes. - Problem: Need rational criminals for this to work, studies show 80% of prisoners have prior convictions and 68% will re-offend upon release.

Rehabilitation

- Theory: Social and emotional problems are at the root of criminal behavior - society has failed the offender and is obligated to help these offenders become better people. - Based on future needs of the offender not on the seriousness of the current offense. - Problem: there is little evidence that correctional treatment programs prevent future criminality.

Diversion

- Theory: Spare non-dangerous offenders from the stigma and labeling of a criminal conviction and further involvement with the justice system. - Offenders can be diverted into community correctional programs for treatment and/or asked to make restitution payments or perform community service.

Incapacitation

- Theory: keep dangerous criminals in confinement to eliminate the risk of re-offending in society. - Justifiable goal of sentencing because obviously if you incarcerate criminal they can not commit further crimes. - Problem: number of criminals behind bars seems to have no affect on overall crime rate - if this theory worked crime should decrease as prison populations increased.

Retribution or Just Desert

- Theory: purpose of criminal process if to punish deserving offenders fairly and justly in a manner that is proportionate to the gravity of their crime. - Punishment is based on how blameworthy a person is; how deserving of punishment because of their behavior. - Problem: Punishment should be fair and equitable for like crimes for all people who commit them - difficult to achieve this.

General Deterrance

- Theory: severely punish people convicted of crimes than others may be deterred from future criminal activity. - Need to balance between fear and justice - can't be too lenient or people will not be deterred and can't be too tough or people will have nothing to lose and commit worse crimes than ordinary. - Problem: deterrence and associated Choice Theory rely on rational criminals.

The Problem with the Parole Board

- There are no rules and regulations for parole boards to follow; they each make up their own procedures; this is the problem. - Offenders rights at hearings are also not uniform; some allow attorneys to be present, some do not - Lack of uniformity is the problem.

Prisoner's Rights After 1960

- Time of civil rights movement, activist groups; led to courts beginning to hear prisoner cases - US Supreme Court first recognized rights of prisoners to sue for civil rights violations in cases involving religious freedom by Black Muslims (1964 Cooper v Pate) - Although this was a very narrow case it opened the door to other suits - created a precedent so that other suits could be heard

Sentencing Guidelines

- Used to control and structure the sentencing process to make it more rational. - Eliminates judicial discretion in sentencing to supposedly reduce racial and gender disparity. - Guidelines are based on: + Seriousness of crime + Background of Offender - Basically: the more serious the crime or more extensive the criminal background of the offender - the more time the will serve. - One Model: Minnesota guidelines: uses a grid model with prior record as one axis and current offense as the second axis, plot the two on the grid, meet in the middle and find the appropriate sentence. - Second Model: Federal Guidelines: uses a base score for a particular crime and then can add points for extenuating circumstances like weapons used, victim injury, etc; Very complicated.

Self-Help Programs

- Usually nonprofit agencies like AA, NA, or faith based organizations will come into prison and hold group programs. - Many are organized around ethnic or racial lines. - An offer literacy programs, language classes, religion classes, counseling, legal advice, pre-release support, etc.

Re-Entry Problems

- Where are they going to live? - Where are they going to work? - Does their family still talk to them? - Do they have continuing legal issues? - Do they have any money to get started? - Do they have substance abuse problems they are still dealing with? - If they go back home to familiar territory will they be sucked back into the criminal lifestyle they are trying to escape from? - Were they sexually abused in prison and now have to deal with those emotional, physical, and psychological problems? - Sometimes it appears to released offenders that life on the inside is a lot easier than life on the outside so they will commit a new crime to get back inside where at least they know the rules and how to survive. - For offenders to re-enter society successfully they need exceptional support systems on the outside and people who are willing to take a chance and provide opportunities to them. - Perhaps more money should be spent on re-entry programs even on the inside and less on treatment programs which have been shown not to be effective.

Most Likely to Fail Probation

- Young males - Unemployed - Very low income - Those with prior criminal record - Those with history of instability

Two Types of Correctional Facilities

Jails, Prisons