Corrections and Penology Midterm
What is CORRECTIONS
Corrections --> the variety of policies, programs, services, facilities, and organizations responsible for the MANAGEMENT (punishment, treatment, supervision) of individuals who have been ACCUSED or CONVICTED of criminal offences -subsystem of the CJS -a philosophy: approach to how we respond to people where a decision by a judge has been made for people who have broken the law (rehabilitation? treatment? deterrence?) -operates in institutional settings in the community
static risks
cannot change, so something like your criminal record/history, or if you've been a victim of childhood sexual assault → how you cope with this can change
primary goal of incarceration
creating an obstacle to impede criminal behaviour
criminogenic need
having a pro criminal attitude (unmet is similar to a dynamic risk factor)
utilitarian
-forward looking: focus on prevention of future crime -punishment can be justified if it achieves some kind of greater good -punishment should have a social benefit and make society better -product of classical criminologists (view people as rational offenders, weighing costs and ebenfits, effective punishments that are going to make society better) -moral aim of punishment is to maximize human happiness and minimize human pain -because crime and punishment is inconsistent with happiness, you want to use as little punishment as you can
new york system reform
-good work habits -discipline
denunciation punishments
-harsh and publicized -combination of retribution and utilitarianism
Introduction of the Penitentiary
-1779 English introduced the penitentiary act -first move where imprisonment is seen that the most serious offenders should be punished
Blumstien and Cohen 1973 (stability of punishment)
-A society develops a certain culture regarding the level of punishment with which it is comfortable..., and then consciously or not, adjusts its policies and practices to meet the desired outcome... -The mechanism for stability of punishment is the use of discretion •The degree to which a society engages in prison building, far from illustrating a direct correlation between crime & incarceration, is subject to a host of decisions made within & outside the criminal justice system
cultural factors
-Canadians overall lack a taste for harshness, they are characterized as more humanitarian in values, where the US is more individualistic and accepting of violence -Canadians have never stuck with one ideal (such as deterrence) no radical shift to denunciation -Canadian public are sceptic that incarceration will work and solve the crime problem
incarceration rates
-Highest in the US, lowest in India
historical factors
-a lot of formal statements in criminal policy that talk about the use of restraint in how much we use incarceration (CC, says incarceration should be used as a last result) -deep scepticism about incarceration
what kind of approach was kingston
-auburn approach
article: is flogging better than jail time?
-believes it is better for non violent crime
disadvantages of flogging
-cant rehabilitate with flogging
why is s.718 desirable
-consistency -trying to reduce the disparity -judges wanted it because they take sentencing very seriously
what did both systems do
-depended on punishment/silent/large staff -did not impede crime very well
new york system impediment to success
-depended on regime of bruta punishments (had to beat people all the time because they werent allowed to talk to each other) -many guards needed
denunciation criticisms
-emotional/expressive reactions to any crime -many lead to severe and inequitable punishments -lack of consensus over the wrongness of crimes
new york auburn system
-evolved into congregate and silent system -hard labour in shops (day) -solitary confinement at night -strict discipline -rule of silence
The sociology of punishment
-explores the relations between punishment and society - its purpose as a social phenomenon and its role in social life -understands penal institutions and their practices within a wider social network (historically and culturally how we have arrived at our punishing system and how does this differ from other countries) -historically, culturally, and situationally specific -various sociological accounts of punishment
denunciation
-expresses societies intolerance of an offenders behaviour -morally educates members of society that a specific action or behaviour is wrong
utilitarian techniques
-incapacitation -deterrence -rehabilitation -dennunciation
first goals of the penitentiary
-isolate prisoner from bad influences of society (liquor, temptation, people) -penance and silent contemplation -productive labour --> idle hands are the devils workshop -reform -return to society renewed
advantages to flogging
-it is cost effective -offenders prefer this -less disruptive to families -avoids psychological damage -avoid long term effects
ways criminals are punished in our society
-jail -house arrest -probation -community service -fine or restitution -rehabilitation -conditional sentences -stigmatization and shaming -electronic monitoring -restorative justice -removal of privileges -conditional discharge
rubber belly to carry drugs, starved and beat her until she agreed
-jail time -dont let her travel anymore
retributive techniques
-just deserts -denunciation
who approved of penitentiary act
-legalists, because they sought of this as to deter crime -philanthropists, because they saw it as a way to save humanity and people in a less ruthless way -conservatives, because it would help them save money (prioners worked) -politicians, because it pleased society by thinking something was being done -industrialists, because it was a new way of training society who could work when they came back (free job training)
Inmate collins article
-lockdown in jail, looking for something -he hit the correctional officer -report from officer: use of force was required because he was being violent, taken to the hospital for brain swelling
pennsylvania system impediment to success
-mental health issues -tremedous psychological break downs -insanity
270kg cocaine seized from sailboat, punishment?
-minimal sentencing (fines, jail time)
why should public care about prisons
-over crowding -solitary confinement -private prisons -motherhood -visitation -reintegration
just deserts
-people have free will and are capable of rational decision making -that person should be punished because they are making a conscious decision to offset society
key elements of just deserts
-proportionality (punishment should be proportionate to the offence)
retribution strengths
-protection from extra punishment -reduces scope of discretion --> you look just at the crime, and the system of punishment should be there
retributive
-seeks to punish offenders because they deserve to be punished (described as backward looking theories --> focuses on past behaviour) -based on the idea that punishing the wrong doers is a moral duty in itself -not focused on what punishment might achieve in someones future behaviour -not justified in any sort of outcome -punishment restores the balance in society (creating boundaries between right and wrong)
Pennsylvania System
-separate and silent system (always solitary) -do everything in your cell -religious instruction (reformed through religious enlightenment) -reflect upon crimes -couldnt talk or see each other
why do prison disturbances occur?
-sociological factors -management factors
key of penitentiaries
-solitary confinement -isolate from contagion -foster quiet reflection
punishment from the penitentiary act
-specific deterrence, punish them and work towards rehabilitation
critique of s.718
-statement fails to inform judges as to the conditions under which one objective should be emphasized at the expense of the rest
weakness of utilitarian justifications for punishment
-there is little to no achievement of the utilitarian goals
pennsylvania system reform
-through salvation and religious enlightenment
Philadelphia dad killed while protecting 2 year old from car jackers. Punishment for 16 year old who shot him?
-to deter other people from engaging in senseless violence -to bring justice to the family -rehabilitation for the young offenders -maintain some confidence in the administration of the justice system -wan the individuals to suffer
why study corrections and punishment
1. An enormous amount of tax dollars is spent on the correctional system → is this a good investment in our tax dollars 2. The public and elected officials are interested in corrections 3. What happens inside custody is largely hidden 4. The number of clients processed and managed by the system is increasing → does it make their behaviour worse? 5. The availability of jobs in the criminal justice system is increasing 6. Almost all individuals who are incarcerated are eventually released into the community 7. Garlet - Punishments role in modern society is not obvious or well known. It is problematic and poorly understood aspect of social life → we take for granted the way we punish (we accept the status quo) don't spend a lot of time thinking about it, and we don't really know whats going on or why its going on 8. We need to know what punishment is in order to think about what it can and should be
retribution criticisms
1. How do we rank the seriousness of offences? (know killing is the worst, and selling small amount of drugs is minimal, but what about all the offences in between) 2. Where do we anchor punishments? (is it appropriate to have the death penalty? Or is life in prison appropriate? 25 years? Or the rest of your life?) this is very hard to get agreement 3. Doesn't give the courts adequate power to punish dangerous/persistent offenders 4. Ignores inequalities in society (fine of $500 might not be a big deal for some people, but for others this may be impossible)
key elements of punishment
1. It must involve pain of other consequences, normally considered unpleasant 2. It must be enacted for an offence against the rules 3. It must be imposed on an actual or supposed offender for his/her offence (directed against the person who undertook the offence) 4. It must be intentionally administered by individuals other than the offender 5. It must be imposed and administered by an authority constituted by a legal system against which the offence is committed (correctional system carries out punishments, people who work for the state and uphold the laws of the state)
Does incarceration deter offending? hypothesis
1. Null Hypothesis - prisons have no effect on future offending •Variation in the severity of sanctions is unrelated to levels of crime 2. Hypothesis 1 - prisons reduce recidivism •The carceral experience is sufficiently unpleasant as to convince offenders not to continue their criminal life style 3. Hypothesis 2- prisons increase recidivism •Prisons act as schools of crime (teaches you how to commit more crime)
administration of corrections in canada
1. Territorial (accused not convicted) 2. Provincial (accused not convicted, remand) (both provincial and parole) (less than two years) 3. Federal (anyone over two years, the transition of institution on parole and the institution)
what purposes do punishment serve
1. deterrence 2. rehabilitation 3. maintain stability and harmony in society (upholding confidence in the administration of justice) 4. denunciation (to let offendes know that this is unacceptable - teachers wrongdoers about society's norms and sets and example) 5. making wrong doings pay back society 6. incapacitation 7. repair harm 8. social control (protect interests of the wealthy)
most important objectives our penal system should achieve
1. express dissaproval (adult - 7.38, young -7.69) 2. deter offenders (adult 8.16, young 8.19) 3. seperating offenders from society (adults - 7.07, young 6.21) 4. rehabilitating offenders (adults 7.77, youn 8,10) 5. compensating victims (adult 7.64, young 7.63)
what do prisons accomplish?
1. provide a dumping ground for unwanted people 2. subject offenders to harsh surroundings to pay them back for their crime 3. signifies to the rest of society that something has been done - so we have faith in the CJS
moral basis of just deserts and retribution
1. punishment is justified because it is deserved (state has a moral obligation to punish) 2. principle of lex talions (an eye for an eye) from the old testament, a literal equivalence that the offender should be exposed to the same harm as its victim (used to be done at the same place) 3. respect for free will: society will show respect of the wrongdoer through punishment, to pay a debt to society and then return to society
Justifications and Purposes of Punishment
1. retributive 2. utilitarian
inmate balance theory
1.Inmate Balance Theory → disturbances occur when prison officials go too far in asserting their authority (abrupt action to reassert control). Think about prisons as small societies, and they grant inmate leaders more privileges to keep the other inmates inline, allow minor infractions to keep the peace. But when this happens (policy crackdowns) and moving quickly, that is when inmates get really upset and have inmates rioting. When these infractions get reported to management and then the crackdowns make the minor infractions stop. → see negative association (prison order decrease)
History of Punishment
Early Jails (pre 1800) -not meant to be the main form of punishment, they were really just holding spaces (not supervised very closely, death and injury were not uncommon, poor sanitation and much starvation, many did not survive) Penal Reform Movements (Howard and Frye) -Related to changing view of crime and criminality (help them face their challenges, and run groups in the community who have been released) •Rising concern over threats to society - increased immigration, decline in morality (that the boundaries between right and wrong and blurred and we need to rehabilitate people who have lost their way) •Concern over conditions in local goals and new penitentiaries (the places were not suitable •Centrality of religion and the work of philanthropists (John Howard and Elizabeth Fry) Long History of Non Profit/charitable work in our correctional system: •Teach people how they need to think through the bible and get them to engage in good behaviour (need to change how they think and how they act) •Not looking at the larger economical and political context that involves all of this
punishment is NOT
NOT individual acts of vengeance (people taking things into their own hands)
History of Punishment in the west
Stateless societies: --> punishment helped keep society functioning and is largely based on personal retaliation - retribution Consolidation/formalization of the state: --> enlightenment - proportionality principle, rational system of punishment -increasing use of imprisonment as punishment -some of the most important parts of penitentiary comes out of enlightenment (crime is a choice, rational actors) -idea that you can reduce crime if you can change the attitudes and behaviour of the offender
s. 718
The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: a) to denounce unlawful conduct b) to deter the offender and other persons from committing offences c) to separate offenders from society, where necessary; d) To assist in rehabilitating offenders e) To provide reparations for harm done to victims or to the community f) To promote a sense of responsibility in offenders and acknowledgment of the harm done to the victims and to the community
dynamic risks
amenable to change (pro criminal attitude/ sexual interests / drug use) More time is spent on this
examples of incarceration
custody (put people in prison, and during this time they are trapped there and they are unable to commit harm in the community while they are held away), house arrest, housing in institutions, drivers license, chemical castration, death penalty
critiques: individualizing crime and criminal behaviour
doesn't look broadly at things that shape crime
challenge of denunciation
idea is to deter, but the challenge is that you permanently cast people out with this permanent stigma
non criminogenic need
if something is not addressed, it could lead to crime (like low self control) (depression) (low self esteem)
critiques: problem of prediction
it is very difficult to predict human behavior, especially behaviors that are low frequency (false positives and false negatives) •→ just because you shoplifted once doenst mean you will shoplift again, but the prediction is far from perfect
structural factors
judges are appointed rather than elected (judges with this view are here for a long time), judges don't have the taste for harshness that the US ones do
explaining canadian stability in imprisonment rates (webster and Doob 2012)
mechanisms permiting this balanced approach: 1. historical factors 2. structural factors 3.cultural factors
Order of CJS
police --> courts --> corrections (punishment is carried out)
administrative control theory
prison disorder occurs as a result of weak management or administrative breakdown (routine security measures become impossible to carry out). Inmates biggest threat to themselves, are other inmates and they then have more cause for concern. → see positive association (prison orders lose control)
pros and cons of offering virtual tours to the public
pros - transparency, getting people to have a look at what goes on inside cons - doesnt show how it actually operates, you could study it and understand the layout of the institution escape, it distorts reality
the panopticon
•Jeremy Bentham developed the panopticon prison in 1787 (agreed with Howard and frye, to move away from beating people and make it rational and less arbitrary, needed a more humanitarian way) •Panopticon = all seing
key similarities between kingston and modern day correctional facilities
similarities --> security, concept of cells differences --> ventilation, clean water, access to programming and medical (they have more rights)
specific deterrence
specific deterrence (punishing particular individuals, they themselves will be less likely to commit crime in the future)
critiquesL statistically fallacy
the transfer of generalized information from a population to an individual (relevancy to female and non white offenders) try to predict what one individual will try to do, but you cant accurately do this • how relevant are these risk assessments to women (how does it transfer because most studies are on men)
responsivity
treatment needs to be matched to their needs, not everyone will react to treatment the same way (corrections should be matched to the inmates learning style like personal and interpersonal)
P4W -1994
• 6 women used violence against guards and were charged, but it lead to high tension (workers were overworked, over stressed, and relatively inexperienced) combined at the time, there was a lack of leadership from the warden (not enough direction). 2 days after the 6 women, 3 other inmates caused more damage by slashing and taking a hostage and attempting suicide. The Cos reached their breaking point, and took it outside, that these prisoners should be taken out and moved to a more maximum prison, they wanted management to do something. Call in the institutional emergyency response team (all male riot squad) come in dressed head to toe in black, with batons, removed prisoners, strip searched them, and many women were left traumatized with the amount of force used against them. Big inquiry and deemed that we shouldn't be bringing male riot squads into female prisons
both theories
• Academics believes there is a combination of these two theories, working together at different times • Good management matters • Prison conditions alone do not explain prison disturbances like riots
Kingston Penitentiary
• Canada's first federal penitentiary - 1835, closed in 2013 • Moral re education, attempted to create a moral society • Punishments were gendered (men - whipped) (women - solitary) but men made up most of it, women would be in attics and closets • Separation of offenders • Silence and discipline - constant ringing of bells (suggesting what time of day it is) • First move to organize inmates • Started categorizing criminals (more violent separated from petty theft, and tried not to have contamination and teaching of criminal values) • Poor conditions for both inmates and guards • George Brown Royal Commission (1848-49) - overall the system wasn't working very well, condemned the use of corporal punishment • System is fine, it's the warden that is the problem and made modifications that were implemented over time
Federal
• Correctional & Conditional Release Act (CCRA) is what governs how federal institutions will be run, primary piece of legislation: Rules such as → the purpose of the system, principles guiding the parole board of Canada, responsible for establishing OCI (office of correctional investigator - brings resolution to individual inmates in the institution such as food, bunk beds, non smoking house, etc.) (they investigate and make recommendations on how the institutions can be better run and managed) they can comment all the time, but they do not have to always be implemented
Headingley 1996
• Different factors that caused the breakdown. Manitoba. Began with cell search, and proper searches were not there. Two gangs. Keys were stolen, guards were beaten up, and group of inmates went crazy. Fingers were cut off and attempt of castration, over 3.5 million of damage. Workers still on stress leave. The staff was dysfunctional, didn't trust each other, and the higher up administration was in conflict with the correctional officers.
function on panopticon
• Functioned as a round the clock surveillance machine • Designed to give offenders the chance to reflect on their criminal behaviour • Idea that youre always being watched would make you not commit crime • Give them the chance to reflect on their criminal behaviour • Four story structure, inmates could not see into the tower so they didn't know if the guard was watching them • Power should always be visible (inmate always sees the central tower where they could be being watched) and unverifiable (you would never know if you were being watched, but it could always be happening) • Open institution, public and judiciary could see what was happening in institutions (accountability) • Wasnt actually built
Provincial
• Ministry of Correctional Services Act → key, outlines when searches are authorized (cant happen at anytime, they must be particular reasons to authorize), if the superintendent deems it necessary, any part or any person can be searched, any property and any vehicle entering or leaving. Also, health care. Who is allowed in and out of the institution for educational employment and work. • Public Service Ontario Act • Occupational Health & Safety Act • Crown Employees Collective Bargaining Act
CSC Core Values
• Respect the dignity of individuals, the rights of all members of society, and the potential for human growth and development. • Recognize that the offender has the potential to live as a law-abiding citizen. • Believe that our strength and our major resource in achieving our objectives is our staff and that human relationships are the cornerstone of our endeavour. • Believe that the sharing of ideas, knowledge, values and experience, nationally and internationally, is essential to the achievement of our Mission. • Believe in managing the Service with openness and integrity and we are accountable to the Solicitor General.
classifications of prisoners: assessing risk
• Risk is framed as objectively knowable and amenable to probabilistic calculation • Linked to the pursuit of statistically valid and predictively useful risk factors for recidivism • Risk viewed as a quality of the individual, the degree and extent of which can be measured through identifiable risk factors • Key concepts: risk (static vs. dynamic), need (individual deficit that are statistical linked to criminal behavior) and responsivity (how an individual is reacting to a treatment environment)
mission statements
• Set the objectives of their organization • Correctional agencies at the federal, provincial, & territorial levels share a common aim or purpose, but have different statements: • Common central aim: safety and contributing to public protection (important balance between rehabilitation, incapacitation, deterrence, etc.) • Offers clear direction to everyone and all the staff about what they are suppose to be doing • Act as a strategic framework: guides discussion for new goals, programs, etc. • The way a service can be held accountable if people feel that their mission statement is not being implemented successfully
Tony Reading conclusions of what the public wants penal system to achieve
• → they are not really sure what they want, and they kind of want everything • → they want punishment to achieve everything, which is impossible • → more leniency towards youth and focusing on rehabilitation, but separating them from society if they are older • → more emphasis on teaching what they did was wrong (for youths) • → deterrence is the key goal (highest ratings) • → don't want people who already committed a crime to commit it again, and don't want other people to do this as well (this is the primary goal) • this speaks to why punishment is such a complex issue (some of these goals/justifications conflict with one another) • → examples of conflict: rehabilitation doesn't go well with incapacitation, compensation and rehabilitation (what the victim needs being different from what the offender needs to seek rehabilitation), protecting society with incarceration is at odds with reintegration
sociological factors
•Age (young people will make it worse, young people have more energy) keep the young and the old apart •Over crowding (get on each others nerves) •Ethnic divisions •Gang affiliation •SES Socio economic status (different treatment by correctional officers
assumptions of human nature
•Classical criminology - rationality (weighing costs and benefits) •Choice - crime is a choice •Costs of crime exceed the benefits •Well constructed punishment system will present criminals with a disincentive to commit crime •Penalties should be: swift (punishment has to follow right after), certain (if you commit a crime, you will be punished), and severe (costs have to exceed the benefits)
general deterrence
•General (argues that existence of the criminal code which outlines laws makes us not commit crime)
how do prisoners resist punishment in Canada
•Passive aggressive behaviour (comply but very slowly or poorly) •Monkey wrenching → boredom, breaking things •Insubordination (refuse direct orders) •Riots (rare) •Violence against themselves (self harm) •Enlisting the help of outsiders (talk to the media) •Resorting to the legal system (motions and lawsuits)
Incapacitation
•Physically preventing someone from committing future offences for a period of time
management factors
•Poor leadership (not being in charge, clear direction, relationships are running well) •Lack of appropriate classification schemes (people who cant defend themselves) •Inadequate supervision (generally)
rehabilitation
•Punishment itself changes the nature of the person, the experience of suffering works to change someone •Punishment allows a person to be held so that s/he can be subject to certain programs - you will cure the offender of their offending behaviour while you have them in custody, because there is something wrong with the individual and that is why they are committing crime, and then implement the appropriate treatments •Identification of defects and application of corresponding treatments •Rehabilitation seems to be the most humane because the focus is on helping offenders •Justification is straight forward but a highly debated issue
Incarceration and Specific Deterrence - Green and Winik 2010
•Question they ask: Do judges who are tough on crime reduce crime? •Method: Offenders were randomly assigned to be sentenced by judges who give sentences of quite different levels of severity •Results: offenders assigned by chance to receive prison time and their counterparts who received no prison time were rearrested at similar rates over a 4 year time frame •Conclusion: punitive judges do not stop crime (prison is not working with the deterrent effect)
rehabilitation - bouffard et al 2000
•Question: Is standard programming offered in custody effective for rehabilitating offenders (reducing recidivism) •Method: literature review •Results: some of the standard correctional program, for some groups of offenders, showed some positive impacts •Conclusion: one cannot assume that programs will work just because a similar program has had positive impacts elsewhere
Incarceration and Deterrence - Doob and Webster 2003
•Question: What does scholarship conducted over the past 25 years tell us about the relationship between harsher sentences (i.e incarceration) and crime? •Results: no convincing evidence to suggest that harsher sentences deter. Incarceration either has no effect or a criminogenic impact •Conclusion: its time to accept the null hypothesis - harsher punishments do not deter crime
Riot at Pentanguishene ON 2015
•Random riot, sprung up quickly. 45 inmates refused to go back into their cells, they ripped off the meal hatch doors, damaged cell doors, bins, etc. 6 hour riot. Team came in and they used pepper spray. 50 thousand dollars in damage. Put shampoo all over the floor so the correctional officers would fall.
prison riots
•They don't just happen because of a breakdown in management, but management that will lead to more rehabilitation and programs for example will contribute to less riots, usually resulting from people just being locked up
deterrence
•Utilitarian, looks at future offending •The threat of punishment will prevent the commission of crime
