Corrections exam 3

John DiIulio, in studying prison governance in three states, expands on this theme, adding,

"The quality of prison life depends far more on management practices than on any other single variable" (DiIulio 1987, 6). He concludes, "If most prisons have failed, it is because they have been ill managed, under-managed, or not managed at all"

Greg Newbold reminds us of a popular saying among prison employees:

"There are two ways of running a prison: with the inmates or without them"

This means that for these 40 states (with 1.2 million prison inmates) the true annual cost per inmate was _______ (Henrichson and Delaney 2012, 9). This can be added to the roughly $1,250 per year that it costs to supervise nearly 5 million people on proba-tion and parole

$31,286

In a survey to which 40 states responded, the Vera Institute found that true correctional costs annually were more than ______ (or 13.9 percent) more than the figures reported in states' correctional budgets.

$5.4 billion

The costs of building, expanding, or renovating facilities are, on average, _________________ per bed space.

$50,000

A report issued by the National Association of State Budget Officers (NASBO) (2010) found that in fiscal year 2010 states spent_______ for corrections

$51.1 billion

the Bureau of Labor Statistics (2012) reports that in 2010 corrections supervisors/managers were earning an average of___________________________

$58,290 and the top 10 percent were earning more than $90,050.

burnout typically follows three stages:

(1) an employee becomes frustrated with the job itself and subsequently neglects clients; (2) the employee feels less personal achievement and accomplishment in the job; and (3) the employee is emotionally exhausted and is less productive.

house arrest with electronic monitoring fails on at least two counts:

(1) it monitors location, but it does not monitor behavior, and (2) instead of being an alternative to incarceration, it often is used with individuals who would not be incarcerated anyway (Clear).

the Washoe County, Nevada jail implemented a web-based inmate visitation program in 2010. Inmates are charged $9.00 per half-hour visit, and the jail found that the use of such technology has the following benefits:

(1) it reduces the amount of time people spend waiting for a visit, 2) it enhances the safety of inmates and staff by reducing the likelihood of contraband entering the jail, (3) visits can be sched-uled at different times and from any location with a computer and a web cam, (4) it prevents children from having to accompany parents on jail visits, and (5) it extends the number of hours in which visits can be scheduled.

In Morrissey , the Court addressed the nature of due process for parolees. The parole revocation hearing should be a two-stage process:

(1) the arrest and preliminary hearing and (2) the revocation hearing.

In Gagnon v. Scarpelli (1973), the Supreme Court formally defined the due process rights of probationers. At a minimum, a probationer is entitled to the following:

1 Notice of alleged violations concerning the probation violation. 2 A preliminary hearing to decide if probable cause exists. 3 A revocation hearing, which in the words of the Court is "a somewhat more comprehensive hearing prior to the making of the final revocation decision." The revocation hearing should allow the accused the opportunity to appear, to present witnesses and evidence. 4 An opportunity to confront any accusatory witnesses or evidence.

ssumptions Theory X makes about workers and the workplace:

1 People dislike work and avoid it if they can. 2 As people dislike work, most of them must be "coerced, controlled, directed, [or] threatened with punishment" to get them to make an effort (33). 3 The average person is not ambitious. 4 Most people avoid responsibility. 5 The average person wants to be directed and is security oriented. 6 In work environments, most people do not use their intellectual capacity.

Assumptions Theory Y makes about workers and the workplace:

1 The physical and mental aspects of work are as natural as rest or play. 2 People do not need external control if they are committed to the organization's goals. 3 People's commitment to organizational goals is related to the rewards attached to achieving those goals. 4 Most people learn to accept and even search out responsibility. 5 Imagination, ingenuity, and creativity are widely distributed throughout an organization's personnel. 6 The work environment can release the intellectual capacity of most people.

The Minnesota Sentencing Guidelines Commission (2003) lists five goals of the guidelines.

1 To ensure public safety by incarcerating the most dangerous offenders for the longest time. 2 To promote uniformity in sentencing by imposing similar sentences on similar offenders. 3 To promote proportionality in sentencing by sup-porting a just-deserts philosophy of punishment. 4 To provide truth and certainty in sentencing by requiring prisoners to serve at least two-thirds of the sentence imposed. 5 To coordinate sentencing practices with available prison space.

between 1977 and 2010, 1,234 people were executed in the United States, and of this number _______ died by lethal injection

1,060

arrest rates for women between 2001 and 2010 increased more than ____ percent; the rates for men dropped by nearly 7 percent for the same period, creating a difference of more than 17 percent. Much of the increase for women can be attributed to changes in larceny-theft arrests, as this is the largest Index Crime category.

10

as a result of state inmates' civil rights actions, more than ____ percent of civil suits filed in the federal district courts involve a prisoner's claim

10

arrest rates for blacks between 2001 and 2010 increased by almost _____percent; the rates for whites increased by nearly 16 percent for the same period, creating a difference of 5 percent between the two racial groupings.

11

Beginning with Maine in 1976, a total of _____ states moved to sentencing systems that were exclusively or primarily determinate in nature

14

In 2010 the average death row inmate waited nearly ___ years before the sentence was finally carried out; in some cases, that interval extends beyond 20 years.

15

New York's Auburn Prison first admitted women in_____, 4 years after the prison was first occupied

1825

The hands-off period lasted from _______

1871 through 1963.

At the end of 2010, ____ states and the federal government reported inmate populations over their highest rated capacity (essentially the number of inmates that the facility can hold at a maximum); 25 states and the federal government exceed their lowest rated capacity (essentially the number of inmates that the facility should hold for maximum operational efficiency and effectiveness)

19

The appellate courts were very much hands-on during the rights period, from ______

1964 to 1978.

In the deference period,_________notes Collins (2010), one hand is on, and one hand is off. In the prisoner lawsuits decided by the Supreme Court since 1979, inmates have seldom won.

1979-now

William Collins (2010) gives the best summary of corrections litigation. He notes that in as many as 98 of every 100 suits filed, the defendants—that is, the state corrections officials— win; inmate-plaintiffs succeed in just _ __percent of the suits filed.

2

After 30 years, the Minnesota sentencing guide-lines have become a component of the criminal justice system in many jurisdictions:

20 states, the District of Columbia, and the federal government have guided sentencing in place.

The number of state facilities under court order to limit their populations decreased from 119 in _____ to 21 in 2005, and those under court orders for specific con-ditions decreased from 303 to 190 in the same period (Stephan 2008, 14). No federal prisons were under court orders for these reasons.

2000

convicted women account for less than ____ percent of the inmates.

24

in 2010, women made up _______percent of the 8,221,468 arrestees.

25.5

in a given year millions of individuals pass through the ______ jails in the United States.

3,000-plus

For the more than _____ prisoners on death row at the end of 2010, capital punishment is a very real concern and the source of a good deal of litigation

3,100

Of the 46 people executed, ____`were white and 19 were black. Although whites constituted a numerical majority (72 percent) of those executed, the number of blacks executed was proportionately greater than the number of blacks in the general population.

33

By 1940, 23 states had separate women's prison facilities; by 1975, that number had increased to ____.

34

In terms of new commitments to state prisons in 2010, drug offenses accounted for ___ percent of newly committed female prisoners' most serious crimes, compared to 26 percent for males.

34

In 2000,_____ state (324) and private (33) facilities were under court order or consent decree to improve the general conditions of confinement or to limit their populations—by 2005 the numbers had declined to 239. Interestingly, while the number of public facilities decreased by 125, the private facilities increased by seven

357

among all persons convicted in state court, ____ percent were black defendants and 60 percent were white defendants, the remainder being other racial groups.

38

In 2010, _____________

40 percent of state and federal prison inmates were African American, and another 20 percent were Hispanic—or 60 percent of prison inmates were people of color. In that same year, 39 percent of jail inmates were black, and 15 percent were Hispanic.

In 2010, the most serious crime committed by ____ percent of the women entering federal prison was a drug offense, compared to 33 percent of the males. 9

41

The National Institute of Justice found that _____ states and the District of Columbia had adopted some form of truth-in- sentencing and 28 states and the District of Columbia had met federal guidelines for qualifying for grants.

41

it should come as no surprise to find that ____ of the 239 state prisons under court order in 2005 had orders to limit their populations.

44

In 2010, 13 states executed_____ prisoners; 17 of those executions were in Texas. At year's end, there were 3,158 inmates under death sentences.

46

Persons who use alcohol or drugs prior to incarceration in either prison or jail are, on average, _____ percent more likely to report a mental problem.

50

Each year, between 125 and 325 inmates enter death row nationwide, and on average between ______________ inmates are executed each year.

50 and 60

when we combine the figures for blacks and Hispanics, we find that by 2010, _______ percent of the inmates in the nation's jails are people of color, a fact that has not changed substantially since 1988 when it was 56 percent.

55

Overall, men's sentences are over _____percent longer than women for the same federal offenses. Doerner (2009, 2010) finds the gender gap at the federal level is smaller for fraud cases than drug-related and firearms cases.

60

In 2005, fewer than _____ people were convicted in federal courts, about one-tenth the number convicted of felonies in state courts

69,000

At the end of 2010, some ____million people were under some form of correctional supervision in the United States at all levels of government

7

___ percent of all those convicted of sexual assault in state courts in 2006 were white; the dark bar shows that 60 percent of all persons con-victed of felonies in state courts that year were white.

74

The federal courts dismiss about _____percent of inmate litigation cases, and another 20 percent are terminated on motions to dismiss from the states. As inmates are not guaranteed the right to counsel in Section 1983 suits, many of these cases are dismissed outright for lack of merit or on procedural grounds

75

that _____percent of all persons convicted in federal court are either Hispanic or black.

75

A review of sentencing practices in Maryland found that judges depart from the guidelines in nearly ______percent of their sentencing decisions

80

As a result of the Violent Offender Incarceration and Truth in Sentencing Initiative (VOITIS) Congress encouraged the states to adopt truth-in-sentencing laws requiring the most serious offenders to serve ____ percent of their sentences before being released.

85

The number of writs of habeas corpus and civil rights actions filed by state prisoners alone between 1980 and 2010—over______ petitions—

930,000

socialist feminism (13):

A form of feminist criminology based on the belief that the intersection of social class and gender is the nexus of crime and that to fully appreciate either social class or gender, the other variable must be considered.

eugenics (15):

A form of genetic engineering that selects for positive traits and attempts to eliminate negative traits.

duality of women (13):

A nineteenth century idea that women were either good or bad, Madonna or "hore;" this notion shaped how social and legal institutions of the day, including the courts and prisons, viewed and treated female offenders, who were often viewed as the latter, having fallen from grace.

crisis of overcriminalization (15):

A recent spike in the number of people serving time, brought about by a legislative increase in the number of punishable offenses and the amount of time each offender must serve. This crisis has made crowding in jails and prisons a greater concern than ever before.

sex offender stats

A study by the Colorado Division of Criminal Justice examined 689 adult sex offenders who had been successfully discharged from probation (356 offenders) or parole (333 offenders) between July 1, 2005 and June 30, 2007. The authors of the study found that after 1 year there was 13.1 percent recidivism, and after 3 years 28 percent had recidivated. Interestingly, only five offenders had a new sex offense after 1 year, and 18 had a new sex offense after 3 years. About half of the recidivists committed nonviolent, nonsexual crimes, and 90 of the recidivists from year 1 and 193 of the recidivists from year 3 had no offense other than failing to register as a sex offender.

civil rights claim (12):

A suit filed under Section 1983 of the US Code that permits prison and jail inmates, as well as probationers and parolees, to sue those responsible for their care and custody under the due process and equal protection clauses of the Fourteenth Amendment; also called Section 1983 suit

conflicts of interest

Administrators need to be especially careful not to use their professional positions to obtain personal privileges or advantages. They should not let their personal feelings or values negatively affect their objectivity as they perform their duties. They also must scrupulously avoid any arrangements that would result in a conflict of interest, or that would appear to be a situation involving a conflict of interest. Finally, they should not accept gifts from inmates or clients, their families, or others who do business with their agency

the Prison Reform Litigation Act (PRLA) together with the Antiterrorism and Effective Death Penalty Act (AEDPA) .

Again, both were designed to reduce appeals in federal courts by prison inmates. also required that there must be a showing of physical injury if the petitioner was claiming mental or emotional injury

The first federal women's prison was in rural _____, West Virginia, now FCI-Alderson and opened in 1927 as a cottage-style reformatory.

Alderson

the Office of Management and Budget recognized by races;

American Indian or Alaskan Native, Asian, Native Hawaiian or Pacific Islander, black or African American. It recognized two ethnic designations: Hispanic and non-Hispanic.

law suits filed by inmates

Among those issues are crowding, recreation, medical care, staffing levels and staff training, food service, disciplinary practices, and treatment programs

women capital punishment stats

At the end of the 1990s, the estimated homicide rate for women was 1.3 per 100,000 female residents; the rate for men—11.5 per 100,000 male residents—was almost nine times that of women. As of December 31, 2010, 58 women—about 2 percent of the 3,158 death row inmates—were under death sentences in the United States. That figure included 40 whites, 14 blacks, and four of other races. Since restoration of the death penalty, 12 women have been executed, of which ten were white.

Sentencing stats for women

At the state level, the sentences for 40 percent of all female prisoners were less than 5 years, compared with about 25 percent of male prisoners. About 25 percent of the women had sentences of 15 years or more, including life in prison and the death penalty; the equivalent for men was 33 percent. These dis-parities are at least in part a product of differences in offense patterns: "Women [are] more likely than men to be in prison for drug and property offenses, which [have] shorter average sentences than violent offenses" In the mid 1990s, women served an average of 18 months for all offenses, compared with 26 months for men. Drug and public-order offenders experienced the smallest disparities, averaging four and two months respectively, with women serving less time on average. For violent offenses, women served an average of nine months less than men did. Similarly, women whose commitment offense was a property offense served eight months less than males convicted of the same offenses. In no category of offenses did women serve longer sentences than men. This is also true of federal sentences, where sentencing guidelines wield an especially heavy guiding hand.

______ railed against keeping male and female prisoners in the same cells, as was a common practice for another 100 years.

Becarria

Women physical and sexual abuse stats

Beck, Harrison et al. (2010, 5) observed that female prison inmates (4.7 percent) were more than twice as likely as male prison inmates (1.9 percent) to report expe-riencing inmate-on-inmate sexual victimization; imprisoned females were also more likely to report sexual activity with staff than male inmates.

Collins (2010) tells us that the Court's message in ______ (1979) was that prisoners have constitutional rights but that those rights are restricted. He speculates that corrections litigation in the future will focus on four areas.

Bell v. Wolfish

______________________, at a minimum, include pharmacology and genetics.

Biological methods

The states present a different and quite diverse picture of classification schemes, as revealed by two important studies,

Burke and Adams's Van Voorhis and Presser

______ is said to exist when people deplete their physical or mental resources.

Burnout

A study funded by the US Office of Justice Programs found that ________________ sex offenders placed on global positioning satellite (GPS) monitoring did significantly better in terms of "compliance and recidivism" than a similar group of offenders who received traditional parole supervision.

California

Three states—_____________—housed 40 percent of the nation's death row population

California, Texas, and Florida

four major racial groups emerged:

Caucasoid, Mongoloid, Negroid, and Australoid.

we list ten changes in policies or practices or both that could have a positive impact on the nation's corrections system, particularly the number of people under its control.

Change the current correctional philosophy: Legalize, or at least decriminalize, most drugs Depoliticize the corrections system: Abandon three-strikes and truth-in-sentencing laws Develop and use an index of dangerous or convicted offenders: Increase meaningful educational and vocational pro- grams in prisons: Return to the full use of parole: Treat most violations of immigration laws as civil, rather than criminal, matters: Expand the use of unified prison-jail systems that are operated by state governments rather than local authori-ties: Fully implement evidence-based corrections:

In the behaviors of many young female offenders, _____ saw attempts to flee abusive and controlling fathers; their crimes—running away from home, incorrigibility, even prostitution—were simply survival strategies. Petty criminality, insisted Chesney-Lind, is a way out, a means of empowerment, for many young women.

Chesney-Lind (1973)

Burke and Adams (1991) make several recommendations for change:

Classification systems for women's facilities must be system-specific and perhaps even institution-specific. The development of a risk-based classification tool for women offenders must incorporate gender-specific elements. Emergent classification schemes should consider the greater emphasis on habilitation Those responsible for the classification system must guard against creating a completely gender-specific classification system, as opposed to one that is informed by and sensitive to the unique needs of female inmates.

In _______, when women were punished for wrongdoings, they generally went to the stocks or the pillory for petty crimes or in more serious cases, including accusations of witchcraft, they were burned or hung, although the imposition of the death penalty was a rarity

Colonial America

centralization (11):

Concentration of power in one location within a bureaucracy.

fairness and equity (items 14, 16, and 17 in Box 10.3).

Corrections administrators must be fair when it comes to promotions, transfers, disciplinary actions, and so forth regarding race, gender, age, religious affiliation, or any other legally protected category.

The National Institute of Justice (2005) reviewed program evaluations for four reentry projects with unique gender components. Two programs—_____________—were therapeutic communities for women.

Delaware's CREST and KEY programs

Randy Martin and Sherwood Zimmerman (1990, 715-16) offer a typology of prison riots:

Environmental conditions Spontaneity conflict Social control/collective behavior Power vacuum Rising expectations

Burt Useem and his associates say that several factors related to staff vigilance and physical control can prevent prisoner uprisings and disturbances. Among them are:

Experienced staff and supervision post orders Physical plant and equipment Escalation of conflict Riots with warning

______________ is a by-product of both task specialization and the strict application of policies and procedures

Efficiency

After two failed Supreme Court challenges assert-ing facial bias in the crack cocaine sentencing laws, United States v. Armstrong (1996) and Edwards v. United States (1998), Congress passed the _______ in 2010, which changed the 100 to 1 sentencing disparity between minimum sentences for crack and powder cocaine to 18 to

Fair Sentencing Act (FSA)

patriarchal families (13):

Family units where progenitor and or dominant male assumes the role of the primary decision-maker in nearly all or all aspects of family life; literally refers to "rule by the father"; moreover, male and female offspring are treated quite differently, with far more control exercised over female children.

female staff members in female prison stats

Female staff members are the norm in women's prisons; they occupy more than half of all custodial, programmatic, and administrative positions in the state systems. In the BOP, women account for slightly fewer than three in ten staff members. Overall, in all state correctional facilities, women make up nearly one in three of all corrections staff members (Stephan 2008, 20). In the average women-only prison, female staff members serve in half of the custodial positions; and they dominate administrative and program-related positions, filling nearly 70 percent of posi-tions in both categories. Where private-public comparisons are possible, women occupy positions in all three areas at a slightly higher rate in the private sector than they do in the public sector. These higher-than-expected rates may reflect a preference in some agencies to assigning women staff members to women's prisons.

researchers have identified four distinct differences in the sociolegal characteristics of female and male jail inmates, distinctions that may play important roles in women inmates' adjustment to life in and out of jail.

First, as a rule, women do not have the breadth and depth of contacts with the jail system that we find among men. Second, offense-specific programming in jails generally targets the needs of the largest resident group—male inmates. Hence, there are far fewer jail-based interventions that address women's gender-specific needs Third, drugs play a proportionately larger role in the illegal activities of women than they do for men Fourth, there are significant gender-specific dif-ferences in the area of physical and sexual abuse.

Idiosyncratic leaders create two other serious problems in agencies and institutions.

First, because they reserve most of the decision-making authority for themselves, decisions are made slowly or not at all. Second, idiosyncratic leaders suffer from blind spots that their employees are either afraid to warn them about or choose to take advantage of.

Collins (2010) tells us that the Court's message in Bell v. Wolfish (1979) was that prisoners have constitutional rights but that those rights are restricted. He speculates that corrections litigation in the future will focus on four areas.

First, conditions of confinement—particularly crowding—will continue to be the basis of much litigation. Second, inmates will continue to litigate in areas involving previously articulated rights—medical care Third, inmates will not be the only group asserting their rights. Staff members will enter the fray, raising concerns over pay, safety, and other workplace conditions. Finally, newly created statutory rights, like those mandated by the Americans with Disabilities Act (1990) will provide fertile ground for inmate and staff litigation

Women's entrance into an exclusively male world has raised two concerns.

First, corrections administrators at least initially questioned women's ability to handle the danger and stress of working in male prisons. Sexual harassment

Two dilemmas face corrections agencies in relation to the adoption of total quality management.

First, corrections systems exhibit a tendency to do things the way they have always been done. Second, and perhaps even more problematic, is the definition of who the consumers are.

The courts justified their hands-off inaction on three grounds

First, federal courts expressed some reluctance to intervene in corrections departments' affairs because those departments are state executive agencies Second, many judges were hesitant to get involved in prison litigation cases because they lacked corrections expertise. Corrections administrators maintained that court intervention would interfere with their authority and would reduce the ability of institutional personnel to operate safe prisons, and the judiciary believed them.

Anti-Drug Abuse Act of 1986 . This law affected sentencing in two ways.

First, it established mandatory minimum penalties for drug trafficking based on the quantity of the drug involved (US Sentencing Commission 1991); second, it differentiated crack cocaine from powder cocaine for sentencing purposes

stthe National Advisory Commission (1973) drew three important conclusions.

First, seldom do any of the management styles appear in their purest form (451). Many administrators combine two or more styles (see Box 11.3). Second, the most common forms in correctional organizations are the bureaucratic and idiosyncratic styles (450). Finally, although the bureaucratic and idiosyncratic styles are most common, "neither is ideally suited to the administration of large, complex systems under conditions of rapid change"

Intensive supervision programs (ISPs) for both probationers and parolees also have been criticized on two counts.

First, some observers suggest that offenders who need intensive supervision belong in a secure facility (McShane and Krause 1993; Smykla and Selke 1995). Second, offenders on ISPs have high failure rates—largely because increased surveillance is more likely to detect technical violations

what, if anything, can be done to contain costs?

First, the most effective cost-saving measure is to keep people out of correctional facilities. Second, as noted earlier, the use of standardized or prefabricated materials can reduce construction costs. Third, some degree of privatization may result in cost savings

drawback to specialized caseloads is economics.

First, the officers handling these cases need specialized training Second, supervising moderate- to high-risk clients is labor-intensive, which means officers cannot carry a normal caseload (Zevitz and Farkas 2000). Most agencies, already

Hispanics present an interesting case for two reasons.

First, they are the fastest-growing minority group in the United States. Second, several different racial groups claim the cultural modifier of Hispanic or Latin.

litigation, M. Kay Harris and Dudley Spiller (1977, 21) concluded that broad-based prison lawsuits have generally had four outcomes.

First, they believe that there have been qualitative improvements in the particular prisons cited in the suits and generally in the state corrections departments. Second, contrary to the fears of hands-off proponents, the suits have not undermined state authority. Third, the suits also have not created "country club" prisons. Fourth, federal judges have not taken over the day-to-day administration of the prisons that have faced litigation.

two functions that parole boards have historically served.

First, they decide parolees' release dates, a task that has largely been eliminated by sentencing practices. Second, parole boards decide when prisoners are ready for release and supervise the release plan.

Listwan et al. (2008) in examining the penal harm or "get-tough" movement in the United States say that there are "four important fissures" or "cracks" that indicate that the public's view toward punish-ment may not be monolithic.

First, they note that the view of a "punitive public" is largely a myth and that there is not a singular world view on this topic. Second, the use of "smarter" forms of punishment (for example, boot camps, three-strikes laws, and mandatory minimum sentences) has not been effec-tive and has added to correctional costs. Third, there are a number of recent pieces of federal and state legislation that have demonstrated support for inmate treatment and rehabilitation programs. Finally, programs that employ "effective treatment" methods and that are carefully evaluated have demonstrated that corrections truly can correct law-violating behavior.

In their general operations, most facilities have different policies for female and male inmates in just two areas.

First, women are typically given a greater range of options with respect to the health and beauty items they can purchase at the commissary. Second, the allowed list of personal property is different for women and men.

Women probation stats

From 1990 to 2010, the number of women on probation increased from 481,000 to 712,084; the proportion of female probationers increased from 18 percent to 24 percent (Glaze and Bonczar 2006; 2011).

The experience of Texas in the wake of the decisions in Estelle v. Gamble (1976) and Ruiz v. Estelle (1980) may be more indicative of the effect inmate litigation is having on corrections systems today.

Geoffrey Alpert and his colleagues acknowledge that the decisions produced system-wide improvements in "personal living space, medical care, access to the courts, and working conditions"

nepotism (11):

Hiring individuals who may be related to another person by birth or by marriage. Many civil service systems prohibit this and may not allow one person to supervise another who is related.

The Court decided that the COs' actions were malicious and sadistic and constituted a violation of Hudson's Eighth Amendment protections against cruel and unusual punishment. Del Carmen concludes, "The good news is that the Hudson decision has articulated a test for all excessive use of force cases in a prison setting;

Hudson v. McMillian

benign neglect (13):

Ignoring or refusing to address a problem, but without bad intentions, often in the hope that others will address the problem or it will solve itself; this concept was introduced by Daniel Patrick Moynihan (1965) in his description of the government's policy toward violence precipitated by the Civil Rights movement.

women in prison stats

In 1995, less than 6 percent of all prisoners were female; in 2010, the nation's state and federal prisons held nearly 113,000 females, or 7 percent of the prison population. In 2000, the per capita rate for females was 59; in 2010 their rate was 67. For males, the per capita rate increased from 904 to 943.

sentencing stats

In 2005, whites accounted for 29 percent of all sentenced defendants, blacks another 24 percent, and Hispanics 43 percent. Five crimes constituted more than 80 percent of all federal convictions. For example, drug trafficking accounts for 36 percent of all convictions; however, none of the groups were represented disproportion-ately from their overall conviction percentages. In the case of immigration convictions, 90 percent involved Hispanics, the consequences of which we addressed in Chapter 8. Blacks dominated firearms charges (47 percent), whereas whites were overrep-resented in fraud and larceny (48 percent each). What is important to remember is that 75 percent of all persons convicted in federal court are either Hispanic or black.

Amount of death row inmates in 3 biggest states

In California (with 699 inmates on death row), Florida (with 395), and Texas (with 315), this is a substantial corrections expenditure.

civil death

In practical terms, this status means that they forfeit many of their citizenship rights

Women Mental illness stats

In the adult population nation-wide, we find more women than men (12.5 percent versus 8.7 percent) present symptoms of mental illness. 16 In jails, the differences are even more pronounced: three-quarters of women and nearly two-thirds of men report a mental health problem. Moreover, two in ten men in jail have a diagnosed mental illness versus four in ten women. In state prisons, more women inmates than men inmates reported a mental health problem (73 percent versus 55 percent); federal prisoners reported similar percentage differences (61 percent versus 44 percent). The percentage of women and men diagnosed with a mental illness in state prisons is nearly identical to that found in the jail population. State prison officials reported that 40 percent of female inmates received medication for a mental problem. Roughly 16 percent of male inmates like-wise received mental-health medications. The rates in federal prisons are about half those observed in state facilities.

Under the revised law, Georgia and a number of other states adopted a bifurcated system of adjudication for death penalty cases.

In the first phase, the jury decides the question of guilt. If in the trial phase, the jury finds the defendant guilty, they must then begin the sentencing phase.

Ruffin v. Commonwealth (1871).

In this Virginia case, the court held that prisoners are slaves of the state and so have no more rights than slaves do

prisoner litigation increased dramatically from 1980 to 2000. At least two factors were at work here.

Increase number of prisoners there was an increase in inmate litigiousness —and the opportunities for litigation increased as well.

________________ opened the first US prison for women run by women.

Indianapolis, Indiana

One of the earliest cases addressing the issue of opposite-gender staff guarding inmates was _____

Lee v. Downs

Four trends are especially important:

Legislatures nationwide are continuing to expand the definition of criminality . Legislatures will continue to exhibit punitiveness toward juvenile and adult offenders. Much has been made of the privatization movement. legislatures have been busy reinventing government. They are asking agencies to do more with less, to scale back on essential services to save money. This means that corrections agencies are likely to face tight budgets and possibly budget and hiring freezes.

vicarious liability (12):

Liability for the actions of another in the absence of fault, when the person did not know of, did not encourage, and did not assist in the act(s); usually imposed because of the person's supervisory position over the offender; also called supervisory liability

In 2003, in ___________ and Ewing v. California , the US Supreme Court ruled that California's three-strikes law does not violate the Constitution's ban on cruel and unusual punishment.

Lockyer v. Andrade

parole stats

Looking at the rates from 1990 to 2010, we can see that the proportion of white parolees increased from 36 percent in 1990 to 42 percent in 2010; the pro-portion of black parolees dropped from 46 percent to 39 percent during this same period; and the pro-portion of Hispanic parolees fluctuated between 18 and 21 percent. Given the increase in the black prison population during the 1990s, that the rate of black parolees has dropped would indicate an increasing disadvantage for them.

sentencing guide-lines in ________ are less mandatory and more advisory: judges are not legally bound to follow them, and most do not.

Maryland

One of the organizational theorists most frequently associated with the bureaucratic management school is _____(1864-1920), a German economist.

Max Weber

In 1980, _____ became the first state to implement sentencing guidelines (Knapp 1982, 1984). The guidelines are expressed in the form of a grid with two legally relevant dimensions: the offense with which the person is charged and the offender's criminal history. 3 Factors such as race, income, employment history, and drug use are not legally relevant for determining a sentence and should not be used.

Minnesota

_______judges seldom depart from the guidelines.

Minnesota's

With its decisions in ______ , the Supreme Court signaled its willingness to take a hands-on approach to state prison litigation

Monroe and Cooper

Two Supreme Court cases in the early 1960s opened the door to prisoner litigation.

Monroe v. Pape (1961) other— Cooper v. Pate (1964)

jail stats for men and women

Most jails—roughly 85 percent—hold both males and females, although by law and practice all jails must maintain sight and sound segregation. 4 Another 13 percent held men only. Only 32 jails in the United States held women only, half of them in the South and another 20 percent in California. Finally, the nation's Bureau of Prisons (BOP) operated 12 federal jails (mainly metropolitan detention centers), ten of which held both genders, while the remaining two confined only men.

INFECTIOUS DISEASES stats

Most prisons (79 percent) test inmates for HCV. Random tests find that more than one-quarter of the inmates have HCV (Beck and Maruschak 2004, 1). studies lead us to speculate that women have higher rates of hepatitis C than men. More than 40 percent of all TB victims in the United States passed through a correctional facility In the federal prison system, about 12 percent of both men and women test positive for TB, whereas for states, the figure is about 4 percent for both (Maruschak 2006; Hammett, Harm, and Rhodes 2002). 15 Although men are slightly more likely to test positive than are women,

bureaucratic leader

Much like the authoritarian or autocratic leader, this leader is rule oriented and tends to lead from the top down. also demands loyalty from subordinates and expects subordinates to follow policies without asking questions.

Lawrence and Lyons 2011). For instance, some prison inmates in ______________` can earn one day of good-time credit for every day served, a 50 percent discount rate. This practice rep-resents an example of Walker's law of criminal justice thermodynamics.

New Mexico

According to _______(1967, 59-60), when employees break the rules, the bureaucracy typically responds by enforcing existing rules more fully or by imposing stricter rules, both responses that can reduce employees' morale and stifle their individual initiative.

Nicos Mouzelis

pregnant stats

Nine in ten female prison inmates reported having a gynecological examination after their admission; by contrast, only two in ten female jail inmates reported the same service (Greenfield and Snell 1999, 8). About 50 percent of pregnant jail inmates reported that they had received prenatal care since their admission, compared with 80 percent of pregnant prison inmates.

from most to least mandatory, are _____

North Carolina, Minnesota, Oregon, Kansas, Washington, Pennsylvania, Michigan, Alaska, Massachusetts, and Maryland.

___________ allow incarcerated mothers to keep their babies near them in prison or jail.

Nursery programs

At the voluntary end of the continuum, from most to least voluntary, are _____

Ohio, Wisconsin, Missouri, Alabama, District of Columbia, Tennessee, Arkansas, Louisiana, Delaware, Utah, and Virginia.

A number of explanations have been offered for the overrepresentation of minority group members in both the adult and juvenile components of the criminal justice system.

One reason typically offered is that people of color commit more crimes because they happen to grow up and live in urban areas, usually in parts of inner cities where crime is common.

rate capacity stats

Overall, state prisons were operating at 1 percent under their highest rated capacity and 9 percent above their lowest rated capacity in 2010; the federal prison system was at 36 percent above their capacity (Guerino, Harrison, and Sabol 2011, 34). However, these figures tell only part of the story. Variations by state were striking. Using only highest rated capacity (the most generous view of how many inmates a facility can hold), we find seven states above 125 percent of capacity, including: Alabama (196 percent); Illinois (144 percent); Indiana (131 percent); Iowa (131 percent); Massachusetts (139 percent); North Dakota (136 percent); and Ohio (127 percent). At the other extreme, the fol-lowing four states are below 75 percent of their highest rated capacities: Mississippi (46 percent); New Mexico (53 percent); Rhode Island (44 percent); and Tennessee (71 percent).

In the ______ facility, where extreme isolation and repentance were the order of the day, the women languished in their cells, suffering the same physical and psychological distress as the men.

Pennsylvania

specialized caseloads (15):

Probation and parole caseloads in which the supervisor has the training and skills required to deal with problematic and high-risk ex-offenders, including drug users and sex offenders.

_______ exist in twenty-first century women's prisons, although it would appear that their intent is less sexual or emotive and more for the creation of an extended social support network

Pseudo-families

The ____________ is the world's oldest continually operating bureaucracy.

Roman Catholic Church

According to this ruling, offenders suffer a civil death in the wake of their conviction and imprisonment

Ruffin v. Commonwealth (1871).

______ in ten female inmates have offspring younger than age 18.

SEVEN

Welfare Reform Act.

Section 115 of the act placed a lifetime ban on temporary aid to needy families (TANF) and food stamps for people convicted of using or selling drugs.

death penalty stats

Since the death penalty was affirmed in 1976, legal authorities in the United States have averaged 39 executions a year; between 2000 and 2010, the number of inmates executed ranged from a low of 37 (2008) to a high of 85 (2000), an average of 58 a year (Snell 2011, 13). It is interesting to note that the pace at which executions occurred in the late twentieth century has consistently declined since 1999, when it peaked at 98. It is also significant to note that the number of people sentenced to death has declined from a peak of 315 in 1996. By 2010, more than 3,100 people in the nation's prisons faced the possibility of execution and 46 were actually executed

One of the first specialized prisons for women was Amsterdam's ______ , a former Ursulan convent that opened its doors in 1597; women labored in this workhouse prison under what even at the time were appalling condi-tions that approached slavery.

Spinhuis

generally consist of policy statements that prescribe organizational behavior

Standards of conduct

unit management (7, 11):

Supervision by the same team of correctional specialists of the inmates in a given unit, all of whom have similar classifications and release dates; pioneered by the US Bureau of Prisons, it creates prisons within prisons.

The final period, the period that continues today, began with the Supreme Court's decision in Bell v. Wolfish

THE DEFERENCE PERIOD

liberation hypothesis (13):

The 1970s view, voiced by Adler and Simon, that the increased opportunities of women's liberation opened up criminal activities to a new generation of women.

CRIPA

The 1980 legislation authorizes the US attorney general and the federal courts to certify administrative grievance mechanisms that would allow the states to hear and act on routine inmate complaints.

female employee stats

The Bureau of Labor Statistics (BLS) (2012) reports that women accounted for 24 percent of all correctional first-line supervisors women accounted for 27 percent of all bailiffs, correctional officers, and jailers Estimates place the total number of jail employees at about 210,000; roughly 33 percent of those employees are women.

Abuse of women in jail rates and stats

The abuse rate for women inmates was almost four times that reported for men inmates; the rape rate was almost ten times greater. By 2002, even more female inmates reported being physically or sexually abused (55 percent) Although men reported abuse primarily as children, women reported similar rates as children and as adults (Harlow 1998, 1999; James and Glaze 2006). While in jail, 3.1 percent of the females— compared to 1.3 percent of the males—reported an inmate-on-inmate sexual victimization; females were less likely to report a staff-initiated sexual assault than were males (1.5 percent versus 2.1 percent) (Beck et al. 2010).

political patronage (11):

The appointment of an individual to an office based on whom he or she knows, not what he or she knows.

female prison inmates age stats

The average federal female pris-oner is 36 years old, about the same age as the average federal male prisoner. 8 She is black or His-panic, she has a high school diploma or its equiva-lent, and she has never been married. The average woman in a state prison is a bit different: she is 33 years old (a year older than the average male inmate in a state prison), she is far more likely to be black, she is less educated (40 percent do not have a high school diploma or its equivalent), and she has never married.

Turner v. Safley (see Robertson 2006).

The case dealt with Missouri's prohibition against inmate romances and inmates' corresponding with one another. To determine the constitutionality of prison officials' actions, the Supreme Court established the reasonableness test , which is a measure of inmates' rights against the prison's need for security.

A Section 1983 action must satisfy several requirements

The defendant must be a person The defendant must be acting under color of state law The injury to the inmate-plaintiff must involve a violation of a protected right The defendant (or defendants) must have been personally involved in the alleged injury.

In 1980, Congress passed the Civil Rights of Institutionalized Persons Act

The intent of this law was to reduce the number of Section 1983 claims filed by state inmates by requiring prisoners to exhaust all state administrative remedies before filing a federal suit.

Women parole stats

The number of female parolees increased from 42,500 in 1982 to 103,374 in 2010 and from 8 percent to 12 percent of all parolees in each year, respectively

corrections paradigm (15):

The operational model or philosophy under which correctional programs are designed and administered.

jail rate stats

The rates for whites and blacks more than doubled between 1985 and 2005. 8 As whites went from 73 to 166 inmates per 100,000 white residents, blacks increased from 368 to 800 per 100,000 black residents. Among Hispanics, the rate changed little between 1996—the first time the rate was systematically reported—and 2006. In 2006, the Hispanic rate was more than 50 percent greater than that for whites, whereas the rate for blacks was close to five times greater than whites.

radical feminism (13):

The theory that male power and privilege both define all social relations and are the primary cause of all social inequities.

Douglas McGregor's (1960) notion of ____________, the traditional approach to inmate and client management. By this approach, "a rigidly authoritarian relationship between inmates and keepers [is] maintained"

Theory X management

The other approach to dealing with inmates takes the view that inmates are adults and that they will respond to the level of responsibility expected of them. This is much like McGregor's (1960) _____________

Theory Y management style.

Lee v. Downs

This case dealt with the issue of whether a female inmate, while being examined by a doctor, could be forced to remove her underclothing in the presence of male COs. The court held that because the inmate was willing to remove her clothing if the male officers would withdraw, forcing her to undress in their presence constituted an improper invasion of her privacy.

institutional governance

This encompasses visitation and correspondence policies, administrative segregation, classification policies, and disciplinary and grievance procedures.

technocratic leader

This is a manager who has achieved his or her position based on some area of expertise. For example, in corrections, technocratic leaders might be psychologists. are not as likely as generalists to be at the very top of an organization—a warden of a prison, for example—but they may be responsible for a particular division (programming, treatment, mental health services, or the like). Unlike the bureaucratic leader, the technocrat typically is not concerned about how a job gets done as long as it gets done. So this leader may not strictly follow the organization's policies, procedures, and traditional chain of command.

nonperson status

This meant the courts were largely free to ignore pleas based on alleged deprivations of their rights:

total containment model

This model holds sex offenders accountable through external and internal control measures. The former include traditional monitoring and surveillance while the latter require periodic polygraph testing. A "bad" polygraph may not be considered a violation, but it does lead to stricter supervision, increased surveillance, and a reassessment of the treatment program.

civil detention of sex offenders .

This practice, ruled constitutional by the Supreme Court in 1997, allows states to transfer convicted sex offenders to hospitals for the criminally insane after they have served their prison sentences if they are judged likely to commit another sexual offense.

The BJS's change in definitions also had the effect of lowering the rate for white inmates in 1999, while the rates for black inmates increased.

This statistical quirk is explained by the fact that traditionally between 80 percent and 90 percent of Hispanic inmates self-identify as white

In ____ the inmates alleged that their privacy rights were violated when the female officers saw them showering, using toilet facilities, dressing and undressing, and sleeping.

Timm v. Gunter

In its 1962- 1963 term, the US Supreme Court decided three cases— ___________ —that expanded habeas corpus relief for state prisoners. As a result, writs of habeas corpus became the primary legal mechanism for most prisoners' appeals.

Townsend v. Sain , Fay v. Noia , and Sanders v. United States

______ is an example of one alternative to the traditional bureaucratic management of prisons. It is loosely based on a technocratic leadership style but involves all members of the unit staff in team-oriented decision making.

Unit management

The 1991 edition of ______________ , published by the American Jail Association (AJA), listed 150 female jail administrators. By the end of the decade, the AJA (1999) reported 480 female jail administrators (also see Kerle 2002).

Who's Who in Jail Administration

As _________ (1987) has observed, many urban black and Hispanic youths grow up in poverty-ridden, crime-infested neighborhoods, where lawbreaking is viewed as a way of life.

William Julius Wilson

women general health stats

Women in jail have more general health problems than their male counterparts (Maruschak 2006). More than 50 percent of the jailed women in 2005 reported one or more medical problem, compared with about 30 percent of the men. Women with three or more medical problems outnumber men two to one in jail. For 11 of 14 medical problems surveyed, women reported more than men, including arthritis, asthma, cancer, diabetes, heart problems, hypertension, kidney problems, liver problems, hepatitis, and sexually transmitted dis-eases. Between 5 and 10 percent of all female jail inmates are pregnant upon arrival.

Hudson v. McMillian (1992),

a Louisiana case. Inmate Hudson was restrained after arguing with CO McMillian. Hudson was taken from his cell in hand-cuffs and shackles and placed in lockdown. On the way to lockdown, McMillian and another correctional officer continued to punch Hudson while a supervisor watched but did not intervene.

Brown v. Plata

a divided (5-4) Court ruled that the crowding situation in California violated the Eighth Amendment's provisions against cruel and unusual punishment. 4 The fate of 30,000 prison inmates was impacted by this decision, although a year after the decision California had made little progress and was heading toward a crisis involving the federal judiciary and state officials

Furman v. Georgia (1972).

a divided Supreme Court struck down as unconstitutional the death penalties of Georgia and most other states. In simplest terms, the Court held that the death penalty was unconstitutional because of overly broad jury discretion. The Court did not say that the death penalty is unconstitutional in and of itself—only that it is unconstitutional when its application is arbitrary and capricious.

co-correctional unit

a facility housing both men and women,

Ramirez v. Pugh (2004),

a federal prison inmate challenged the BOP's restriction against receiving sexually explicit magazines. The federal district court in this case found in favor of the BOP policy.

institutional racism

a form of prejudicial treatment whereby practices at many points in the justice system disproportionately affect people of color

Timm v. Gunter (1990),

a group of male inmates at the Nebraska State Penitentiary filed suit to prevent female COs from performing pat down searches and from seeing them in the nude.

California's 1994 law is severe:

a person convicted for the second time of a "strikeable" offense (a felony or certain misdemeanors labeled "wobblers") earns a doubled sentence, and a third strike means life with no parole for at least 25 years. In the first 5 years of implementation, the law was invoked more than 40,000 times

a study of the factors affecting female reentry in one program found higher risks of failure if the woman has:

a psychiatric history (formal diagnosis and/or emotional/psychological difficulties); ● contemplated suicide; ● attempted suicide; or difficulty controlling her temper or demonstrate hostile/violent behavior.

bureaucracy

a structure that assigns individuals specific authority and responsibilities according to their position in a predetermined hierarchy.

class action lawsuit

a suit brought on behalf of prisoners as a group.

Critics view the adop-tion of a system of classification that uses gender to assign people to different programs and to different security levels as a form of gender discrimination (Brennan 1998). According to Van Voorhis and Presser (2001, 9), that thinking is faulty on three counts:

a system that is valid for men may not be valid for women; a system that recognizes men's needs more so than women's is already biased more maximum-security male inmates commit predatory acts than do maximum-security female inmates,

At Auburn, officials housed female inmates ______

above the penitentiary kitchen, subject to not-so-benign neglect, abuse, and outright indifference.

The movement toward management certification and ______________ seems to be gaining momentum, and there is increasing professional pressure from peers and professional organizations to operate accredited facilities.

accreditation

The _______ of correctional agencies is a largely under-researched area, and the administration of secure facilities is one of the most overlooked subjects in contemporary corrections.

administration

Alan Coffey (1974, 23-24) divided the administrative process in a correctional organization into three levels: _________

administrative, managerial, and supervisory.

High turnover and excessive use of sick leave are typical indicators of some type of organizational ______

ailment.

mitigating and aggravating circumstances

any factors that diminish (mitigate) or enhance (aggravate) the seriousness of the crime.

When judges depart from prescribed sentences, they must provide written justification for that departure, and this kind of deviation becomes grounds for ___________ ("Sentencing reform act" 2003).

appeal

Classification systems

are central to the daily operation of any institutional correctional facility

Standards of conduct

are key to the operation of any bureaucracy.

Participative leaders

are more group oriented than autocratic or bureaucratic leaders are, and they frequently have informal contacts with employees under their direction. The chief weakness of many of these managers is that they dislike conflict almost to the point of trying to avoid it at all costs.

supervisory managers

are the closest to the organization's line employees: they are responsible for defining and directing program personnel.

There are three basic types of leaders:

authoritarian, laissez-faire, and democratic

Marilyn McShane and Frank Williams (1993, 9) characterize the authoritarian leader as an ______. Consistent with authoritarianism, the autocrat is task oriented rather than people oriented, and dogmatic, and expects compliance with whatever orders are issued. This type of leader is found in many paramilitary organizations and may be par-ticularly prevalent among prison administrators

autocrat

A lingering issue raised by the traditional promotion processes in corrections systems is the_______ corrections administrators should have.

background

Section 1983 claims stats

before the decade was over, the number of petitions had more than doubled. Some suggest that much of that increase reflected the growth in inmate populations (see Scalia 2002). The rate of petitions filed per 1,000 inmates supports this argument: it fell from 75 in 1980 to 60 in 1990 and to 40 in 2000.

death row stats

between the reintroduction of the death penalty in 1977 and 2010, 1,235 people were executed: 700 (57 percent) were white and 424 (34 percent) were black. However, the majority of persons sentenced to death during this same time were black.

According to Walker (2011), the less often practitioners apply the law as it is written, the more arbitrary its application, and that leads to________________

bias and discrimination

Both the Germans and the Japanese conducted _____on human subjects during World War II.

biological experiments

Nearly every contemporary correctional organization could be described as a _______ , a structure that assigns individuals specific authority and responsibilities according to their position in a predetermined hierarchy.

bureaucracy

The _____ leader is common in corrections systems.

bureaucratic

The National Advisory Commission on Criminal Justice Standards and Goals (1973, 449—50) identifies four other types of leaders.

bureaucratic leader technocratic leader idiosyncratic leader participative leader

blacks are markedly underrepresented, where their share of the defendants is more than 5 percent below their "average" (all offenses), in the following eight offense categories:

burglary, fraud/forgery, other specified offenses, rape, other violent offenses, motor vehicle theft, sexual assault, and other sexual assault.

manifest injustice

can be invoked any time a judge thinks the prescribed sentence is too severe for the crime given the offender's individual circumstances.

Johnson v. Avery (1969)

centered on a prison regulation that prohibited inmates from giving one another legal help

One of the defining characteristics of bureaucracy is __________________

centralization

Historically, many states operated their corrections systems from a________ corrections department.

centralized

mix

characterized by a continuation of the behavior that led to imprisonment, a life revolving around drugs, intense, volatile, and often destructive relationships, and non-rule abiding behavior"

two important studies—McGowan and Blumenthal's Why Punish the Children? (1978) and Henriques's Imprisoned Mothers and Their Children (1982)—

chronicled how little had changed for incarcerated mothers and their children

Some observers argue that another important factor is the reconfiguration of parole boards, staffing them with trained _____

civil servants

history, corrections agencies have been ______ . This means that these institutions and agencies have not been open to public scrutiny and that promotions have come from within.

closed systems

influential, factor affecting corrections administrators' stature

closed systems low qualification levels political patronage

The most extreme form of institutional violence is ____________ , or a riot

collective violence

Electronic brain implants

combine mechanical and biological technologies. These implants could control certain types of thoughts or behaviors.

DiIulio (1987) characterized the Texas Department of Criminal Justice (formerly the Texas Department of Corrections) as a largely bureaucratic system, particularly before the federal court intervened in the system in the early 1980s. He suggested that the prison system in Texas operated under a "_______" for staff—inmate relations, in which "the chain of command was followed rigorously by employees"

control model

from this list at least two major areas—__________________________—that are composed of seven items seem to be particularly relevant to administrators.

conflicts of interest and fairness and equity

The first women-only prisons were _______________- like in appearance. They more closely resembled Brockway-style reformatories than Auburn-style prisons,

cottage

what may influence the shape and texture of corrections in the twenty-first century?

courts researchers internal (standards and accreditation)

History reveals that society's response to crime and punishment is ______

cyclical.

jails have become ______mental health repositories, a use for which they are ill suited.

de facto

Estelle v. Gamble (1976), and typically employed by the courts in assessing blame, is _____ —that corrections officials knew but did nothing about the inmate's physical or medical condition, and that the failure to act had long-term effects on the inmate's condition.

deliberate indifference

The _______ communicates through explanation and elaboration rather than by orders.

democratic leader

Racial distinctiveness

depends on the physical, geographical, national, and cultural isolation of the various groupings.

Corrections officials also make adaptive responses. One of the most obvious cases involves the use of _______________

determinate sentencing.

administrative level

define and integrate goals.

managerial level

define and integrate objectives and staffing concerns.

race

divides human beings into distinct groups based on hereditary characteristics. the first systematic and scientific applications of this term were used by anthropologists who wanted to categorize the species Homo sapiens . Early racial identifications turned on physical characteristics such as skin color, hair texture, facial features, and stature. 1

The proportion of mentally ill female inmates who have been physically abused is nearly _______ that of other female inmates

double

Crowding certainly is a factor in facilities' reliance on ______ (sometimes called double-celling ), when two inmates are housed in a cell that was designed to hold one.

double-bunking

The proportion of women in the nation's jail population nearly ______ between 1983 and 2010, from 6 percent to almost 13 percent.

doubled

White defendants were markedly underrepresented in four offenses:

drug trafficking, murder, weapons offenses, and robbery.

In ______ , by contrast, husbands and wives share power, and their positions in society are equal. The families transfer this equanimity to their children: both boy and girl offspring enjoy equal access to normalcy and criminality.

egalitarian families

states employ various methods for executing inmates, including ___________. However, lethal injection seems to have gained the acceptance of the public, corrections officials, and the courts.

electrocution, firing squads, hanging, and the gas chamber

In women's prisons, the subculture exists for these reasons plus one more: ______

emotional support

Based on these two definitions, African Americans are identified as a racial group, whereas Hispanics are an_____

ethnic group.

What corrections needs is what Larry Sherman (1998) calls "________________" policies and practices.

evidence-based

The Court's ruling in Morrissey v. Brewer (1972) _____legal protections to parolees.

expanded

Under two sets of circumstances—_________________—supervisors can become parties to Section 1983 suits. In these suits, the inmate-plaintiff must make a direct connection between the supervisor's action or failure to act and the resulting injury.

failure to train and failure to supervise

What is interesting, and not well understood, is that ______have among the lowest HIV-positive rates—about 1 percent overall and no differences by gender—and that federal drug offenders have the absolutely lowest HIV rate among offender groups.

federal prisons

In privately operated jails, the gender ratios are different:

female staffers account for 46 percent of the work force and nearly 41 percent of the COs.

sentenced in 2005 in federal courts statistics

for "powder" cocaine crime (accounting for roughly 20 percent of all federal drug sentences) 15 percent were white, 27 percent black, and 57 percent Hispanic (US Sentencing Commission 2007). Crack presented a far different picture: 80 percent were black, 9 percent Hispanic, and 9 percent white.

The law did not take away inmates' right to file in ______ (that is, as indigents), but they could no longer claim indigence if two previous petitions had been dismissed as frivolous or malicious

forma pauperis

The most recent gender-specific analyses of US jail populations

found more female jail inmates were black (44 percent) than any other racial or ethnic group, followed by whites (36 percent), Hispanics (15 percent), and others (5 percent). 5 Their median age was 31, with about half between 25 and 34 years of age. More had been married at some time in their lives than not, but only 15 percent were currently married. Jailed women were less likely than were those in the general population to have been married; but nearly 80 percent of them were mothers—the average was two children apiece—and many had minor children. Between 5 and 10 percent of them were pregnant on admission. Fifty-five percent had finished high school, about the same rate as jailed men. The percentage of convicted female inmates (46 percent) was about the same as for males.

if scientists can identify genes that put offenders into high-risk categories, _____________ — examining the arrangement of genes on the chromosome—could become a form of inmate screening.

genetic mapping

authoritarian leaders

gives orders and is concerned with productivity. This person is the boss, and he or she expects subordinates to do as they are instructed. Communicate primarily by telling or commanding. Communication is almost exclusively from top down.

Prison rate stats

group—black and white inmates—grew expo-nentially, as the overall prison population more than doubled from 1985 to 1997. The slope or angle of the line for blacks is steeper than for whites, suggest-ing that the rate of growth was slightly higher for the former. In 1997, blacks accounted for about 47 percent of the prison population, roughly where they were in 1985. However, from 1985 to 1994, the percentage of black inmates increased every year, peaking at 52 percent in 1994. The percentage of blacks declined over this period of time from 46 percent in 1999 to 38 percent by 2010. The percent of white inmates fluctuated only slightly over this time frame, from a high of 36 percent in 2001 to a low of 32 percent by 2010. The percentage of Hispanics increased over the 12 years, rising from a low of 16 percent in 2001 to a high of 22 percent by 2010. Put another way, 64 percent of the nation's prisoners were either black or Hispanic in 1999; by 2010, this figure had dropped to 60 percent. Before drawing the conclusion that disproportionate minority confinement was on the decline, it is important to realize that between 2003 and 2010, the percentage of inmates identifying as being something other than white, black, or Hispanic and those indicating that they were multiracial increased from less than 3 percent to nearly 8 percent, which translates into a non-white prison population of 68 percent in 2010, whereas it had been 67 percent in 1999.

In_______ appeals, inmates allege that their confinement is unjust and that the state should demonstrate why their incarceration should continue

habeas corpus

In a 1996 survey, nearly _____ of all female jail inmates indicated that they were abused either physically or sexually before incarceration, and a quarter of them reported being raped

half

In some states, the discount rate for good-time credit is as much as________________the original sentence

half

For almost a century following Ruffin , the courts took a _________ approach toward prison policies and practices

hands-off

Corrections law has gone through three distinct periods of development. Jack Call (1995, 36) identified them as the ___________

hands-off period , before 1964; the rights period , from 1964 to 1978; and the deference period , from 1979 to the present (36).

Both of these acts became law in 1997, and the results have been somewhat unexpected. By the end of that year, the number of civil rights claims filed by state inmates dropped almost 31 percent, even as the nation's prison population continued to grow. In that same year, the volume of habeas corpus writs went up almost 36 percent. In 1993, there were roughly three times the number of civil rights petitions as habeas corpus petitions; by 2000, the difference was much smaller, but by 2010 the gap had once again widened somewhat.

he Prison Reform Litigation Act (PRLA) together with the Antiterrorism and Effective Death Penalty Act (AEDPA) .

Max Weber

he believed that bureaucracies are based on controls established through an organization's rules. The emphasis is on rationality: the bureaucracy's members must assume the rules are rational , and correct, and must follow them. Second, in Weber's ideal bureaucracy, rules and regulations limit discretion . Some would say that the exercise of discretion is incompatible with the concept of bureaucracy (Mouzelis 1967, 41). Third, although it may not seem so today, Weber believed that bureaucracy contributes to organizational efficiency . Efficiency is a by-product of both task specialization and the strict application of policies and procedures. In other words, if you work in an area of competence and "go by the book," you should be working efficiently.

telemedicine

health care provision over a distance using telecommunications technology. It is already in use in the public health sector and has been shown to be both possible and practical for use in jails and prisons

Jail surveys reveal that HIV is several times______ within the inmate population than the general population

higher

Remember that the decision to sentence an offender rests on a number of factors— all examined in the presentencing investigation— among them family stability, employment history, financial status, education, and criminal history. Although these factors are not explicitly tied to race, in most instances they act as surrogates for race. In social science research, we would say that these factors are ______ with race.

highly correlated

As Massey and Denton conclude, much of the violent crime and associated social ills found in minority communities can be attributed to the extreme level of _______ , the social and legal separation of racial minorities but especially blacks into discrete geographic areas, that characterizes the nation's inner cities.

hypersegregation

Alternatives to incarceration can substantially contain corrections costs if the following two conditions are met:

if the alternatives do not shift costs to the public by increasing the amount of crime committed by those diverted into the programs; and ● if the alternatives truly are alternatives, not add-ons to bring more offenders under some form of social control.

Civil rights claim stats

in 1966, the Department of Justice began tracking civil rights actions as a separate cat-egory of prisoner claims. Between 1980 and 2000, civil rights claims by state inmates increased more than 97 percent, from 12,395 to 24,463 (Scalia 2002). Civil rights petitions by state prison inmates peaked in 1995 with 40,569 claims. However, changes in federal laws (see later) had a significant effect on the number of Section 1983 claims filed: by 2010, in a period of 15 years, that number had dropped by over 40 percent.

continued stats per 100,000

in 1985 there were 1,559 black men in prison for every 100,000 black residents in the United States. By 1997, that rate had more than doubled, increasing to 3,253. The rate for white male inmates rose from 246 for every 100,000 white residents in the country in 1985 to 491 in 1997. rate for black women in prison almost tripled over the period; the rate for white women more than tripled between 1985 and 1997.

african american arrest/jail stats

in 2010, blacks made up 29.1 percent of the 6,216,983 adult arrestees of either race. The message is clear: Given that blacks make up roughly 13 percent of the nation's adult population, they are disproportionately higher among arrestees, over twice the percent-age of blacks in the general population.

probation stats

in 2010, minority-group members (nonwhites) constituted about 45 percent of probationers . Blacks, in particular, who accounted for only about 13 percent of the nation's population that year, made up 30 percent of the probationer population. Between 1990 and 2010, these figures changed little, except for Hispanics: their share of probationers dropped from 18 percent 1990 to 14 percent in 1995, where it has remained within 1 percent ever since. The percentage of black probationers changed little, whereas whites increased from 52 percent to 55 percent. Other minorities (American Indians/Alaska Natives and Asians/Pacific Islanders) accounted for more modest increases (from less than 1 percent to about 2 percent).

inmate management

in the form of institutions, programming efforts, and discipline

the most important element of ethnicity is the ______ shared by members, the sense that as a group they are traditionally distinct from the larger society.

in-group identification

Intermediate sanctions

include correctional approaches that fall between traditional probation and incarceration (see Chapter 4). These sanctions have become widespread since the 1980s.

the courts have held that states and state agencies, including corrections departments, are not persons and so are immune from civil rights claims. However, cities and counties, if they are _____, are persons.

incorporated

prisoner litigation __________ from 1980 to 2000.

increased dramatically

Victor Flango reports that habeas corpus petitions "are not used by the typical state prisoner" (1994, 160). Inmates charged with serious offenses bring most of these appeals, and most allege deficiencies in one of eight areas:

ineffective assistance of counsel, due process concerns, trial court error, Fifth Amendment protections, detention and punishment concerns, prosecutor misconduct, police misconduct, and charges to the jury.

The fact that for most of the period between 1980 and 2000, the growth of______ outpaced the growth in prison population supports these conclusions.

inmate lawsuits

Corrections management really has two distinct aspects. There is _________________

inmate management and organizational management

The policies of three-strikes statutes, truth in sentencing, mandatory sentences, sentencing guide-lines, determinate sentences, more criminal sanctions, and fewer mechanisms for early release have all contributed to the enormous growth in ______________

inmate populations.

Perhaps the most prevalent form of institutional violence involves _______________ assaults.

inmate-on-inmate

cools

inmates who manipulated other inmates to make their own time pass more quickly and easily. These roles, argued Heffernan, were largely extensions of the women's preprison identities.

four emerging issues in inmate litigation

inmates' right to privacy in terms of being supervised by members of the opposite sex, receipt of sexually explicit materials and access to the Internet, smoke-free environments, and the use of excessive physical force by prison officials—and

placements. James F. Austin and John Irwin (2001, 94-95) also observe that a major factor in the continual increase in racial skewing of the adult prison population is that most convicts come from____________

inner-city, lower-class groups.

Intermediate sanctions have become widespread since the 1980s. Several factors explain why.

institutional crowding. dissatisfaction with traditional probation. operational costs.

An extension of house arrest could use an ________________

invisible electronic fence

Total quality management (TQM)

is a concept that has been widely applied in US businesses. From a correctional standpoint, TQM demands that "clients" be considered "consumers," and that agencies or organizations develop a strong consumer orientation.

idiosyncratic leader

is a little bit laissez-faire but mostly autocratic. He or she is likely to work over, under, around, and through the hierarchy by exerting direct contact and control over decision making. Sometimes idiosyncratic leaders play one employee off against another. And they may create fear and suspicion in the ranks, a practice that places them in the position of having the fullest knowledge and, therefore, the greatest power.

laissez-faire leader

is an administrator who provides little or no direction to subordinates. Employees are encouraged to do more or less as they think best, to use their discretion. This approach may work fine in a small community-based program or with highly trained medical personnel, but it is not conducive generally to goal- or task-oriented activities.

Morale

is another issue related to retention, to job satisfaction and, ultimately, to job performance.

The Antiterrorism and Effective Death Penalty Act (1996)

is one such piece of legislation. The act was passed in the wake of the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City. Specifically, the act imposes limits on habeas corpus appeals in federal courts for capital cases and reduces the time allowed for appeals. Essentially, convicted murderers have one "bite at the apple" in the appeals process. All subsequent appeals are refused unless a three-judge panel of a US Circuit Court of Appeals rules that a case involves very specific new factual evidence or legal developments.

autocrat

is task oriented rather than people oriented, and dogmatic, and expects compliance with whatever orders are issued. This type of leader is found in many paramilitary organizations and may be par-ticularly prevalent among prison administrators

The subculture in men's prisons exists largely to protect inmates from one another; ____________

it also helps to neutralize the rejection associated with incarceration and provides a buffer between inmates and staff.

Simon, looking at the same data, came to a slightly different conclusion. She argued that women's liberation alone did not cause the changes in the incidence of women's involvement in crime; rather, its role in creating the rising tide of female criminality was indirect by increasing opportunities in the_______

labor market.

Often they adapt the harsher penalties to make them less severe. Samuel Walker (2011) calls this response the __________________________ . By this he means that the more severe criminal penalties become, the less likely practitioners are to apply them with full force.

law of criminal justice thermodynamics

Cain v. Michigan Department of Corrections (1996)

led the state's DOC to adopt different cutoff scores for women. 12 Given the disparate nature of existing classification systems, corrections agencies may well come to the opinion that they are more likely to be targeted with litigation for failing to provide separate classification systems for women and men than for doing so

Georgia's 1995 statute is even harsher:

life in prison without parole for the second conviction on a "serious violent felony." By the late 1990s, Georgia had invoked the law some 1,000 times

Thomas and his colleagues assert that ______is one of the final "nonviolent and legitimate" mechanisms at prison inmates' disposal

litigation

A study of sentencing behavior in Maryland (see previous discussion about that state's sentencing guidelines) revealed that judges' sentences of black and Hispanic drug defendants are ___________ than for white defendants

longer

Pollack (1950) observed that the crimes with the highest prevalence among women— including shoplifting, domestic theft, and theft by prostitution—had ______

low detection rates

Bernard and Kurlychek observe that the only hope we have for lowering juvenile crime is if we discover a previously undiscovered policy that will somehow convert juveniles into a___________________

low-crime group.

Newbold Newbold

maintains that as the level of threat from administration to inmates decreases, the tension in the inmate population also decreases. Second, he says that the "peaceful interface between management and inmates makes a prison a simpler place to operate and live in"

Marxist feminism ,

male dominance reflects a social ideology that is willing to subjugate women, first to capital and second to men (Beirne and Messerschmidt 2000). Women's often-trivialized labor is essential to capitalism's success, and women's crimes—including shoplifting, prostitution, and domestic violence against their children or spouses—are a reflection of their enforced domesticity

_______ is using organizational resources to achieve specific goals.

management

Minnesota's guidelines are mandated by statute: judges are bound to adhere to the guidelines unless they can point to a _______ , a sentence that is simply not appropriate given the facts in the case.

manifest injustice

Heney and Kristiansen (1998)

many women relive their experiences of abuse through the security procedures—the pat-downs and body searches—that are a common part of correctional operations.

Italian prison doctor Lom-broso (1876), writing in the last quarter of the nineteenth century, believed women criminals were an aberration, basically _______women.

masculinized

Early in the twentieth century, psychoanalyst Freud (1933) considered female criminals to be women who lacked proper ______

maternal instincts.

Overrepresentation

means that a particular group is present in a higher proportion than we would expect given its proportion of the nation's population.

A chief advantage of unit management, in addition to its more democratic leadership style, is that it ________________________

minimizes many of the traditional divisions between treatment and custody staff.

Owen's (1998) study of the Central California Women's Facility, the largest women's prison in the world, provides unique insights. The term she used to describe the defiance exhibited by certain inmates was the _____

mix

The report by the Governmental Accountability Office (2012, 32) noted that states can take three types of actions to reduce institutional crowding and the increasing costs associated with corrections.

modifying criminal statutes and sentencing laws. relocating inmates, especially to lower security, less costly facilities; providing inmates with good time credits or, in some cases, with more good time credits to hasten their release.

In the 1980s, studies found that female COs experienced ______ occupational stress than men

more

several forces are moving corrections agencies in the direction of decentralization.

movement away from megaprisons move toward decentralization in unit management movement toward decentralization is the competition among state agencies for scarce resources.

In certain Index Crimes, blacks have higher than expected arrest figures, particularly______________ moreover, in four non-Index Crime categories, including weapons offenses, prostitution, gambling, and vagrancy, the percentage of blacks is, in 2010, well above the 29.1 percent figure.

murder and non-negligent manslaughter and robbery;

By considering prisoners slaves of the state, the decision in Ruffin assigned them ___________

nonperson status .

Morgan and his colleagues (2002)

observed that female correctional officers were more likely than their male counter-parts, to respond impersonally to inmates. The women also experienced lower levels of burnout— suggesting that "correctional work for females remains a relatively new phenomenon in comparison to male employment standards, and it is possible that women have learned to adjust to the demands and stressors of the correctional environment" (2002, 152). Women COs also may access support mechanisms that male officers are reluctant to call on because they feel asking for help is a sign of weakness.

democratic, or participatory, leader

often is viewed as the first among equals; all of the people working under the leader's direction recognize their organizational roles and understand exactly what is expected of them.

as many as ___________ of COs report work-related stress or burnout.

one-third

90 percent of expenditures are for __________ : salaries and fringe benefits, utility and maintenance expenses, programming costs, and a host of other day-to-day obligations—spending that averages anywhere from $25,000 to $50,000 per inmate a year, depending on the jurisdiction and facility.

operating costs

Cohn recognizes what he calls ______: "Even the lowest status members of the hierarchy, such as probation, parole, and correctional officers, are also responsible for managing people as well as for the development of goals, albeit for clients"

organizational contradiction

White defendants were markedly overrepresented— that is, more than 5 percent above their average proportion of the defendants (all offenses)—in eight offense categories:

other sexual assault, sexual assault, rape, motor vehicle theft, other violent offenses, other specified offenses, fraud/forgery, and burglary.

An emphasis on race and ethnicity focuses our attention on another category of people, those who are ___________ in the corrections system.

overrepresented

overrepresentation involves ____________ based on the policies and practices of criminal justice system actors and agencies. This argument posits that these prejudicial policies and practices, combined with the socioeconomic levels of many minority communities, place minority-group members at distinct disadvantages when they face criminal prosecution.

overt discrimination

Most current forms of electronic monitoring are ______: monitoring is done in one place (usually the offender's home) on a periodic basis by a computer-based dial-up system.

passive

Blending neo-Marxism and socialist feminism, Hagan (1989) believed that family structure creates differential power dynamics between husbands and wives, and between their male and female children. From this perspective, ______ produce daughters whose futures are limited to domestic labor and consumption; moreover, the families, but especially the fathers, exercise great control over the lives of these girls and young women.

patriarchal families

designing incentive plans to build and maintain employee morale. Such strategies might include;

periodic pay bonuses, if they are allowed by union contracts and state personnel regulations; days off with pay; or plaques designating the employee of the month, quarter, and year. Interestingly, one of the most effective morale builders—simple recognition of achievement—can cost little or no money.

Evidence that women in prison need more emotional support than men comes from their tendency to create _____________________ , to assume the role of spouse, parent, child, sibling, or grandparent for one another

play families or pseudo-families

One of the most difficult aspects of any corrections administrator's job is that the governor, the state legislature, or the courts often set the ________________

policy agenda.

Gender issues in prisons and jails tend to cluster around two topics:

policy concerns and gender-specific programs for women offenders.

women jail stats

population of 748,728 in 2010, 92,368 were women, over six times the number of women incarcerated in 1983. In this same period, the number of male jail inmates increased from 205,000 to 656,360. (2005), the per capita rate for females was one-seventh the rate of males.

women's reformatories

prison officials tended to treat the inmates at best as wayward children and at worst as contemptible and beyond redemption

The use of licensed attorneys should reduce the number of frivolous _______ , suits in which inmates represent themselves, and the costs of those suits.

pro se actions

women's arrest rates are higher than we might expect for overall __________

property crime, larceny-theft, fraud, and forgery and counterfeiting and prostitution

Gangs—as security-threat groups —exist in prisons for any number of reasons, but two are particularly important

protection and to establish control within the prison

three forms of feminist criminology emerged in the 1970s and 1980s.

radical feminism socialist feminism Marxist feminism

Cooper v. Pate (1964)

raised the issue of the free exercise of religion by black Muslim prisoners.

Inmate-on-staff violence is ____________, but incidents of assault and even murder are reported each year.

rare

Ethnicity

refers to a group's common social or cultural traits. Ethnic groups may have their own language, religion, and customs. Perhaps the most important element of ethnicity is the in-group identification shared by members, the sense that as a group they are traditionally distinct from the larger society.

Disproportionate minority contact (DMC)

refers to the overrepresentation of minority group members at all stages of the criminal justice process, including arrest, trial, and punishment.

the dominant model driving the nation's penal philosophy is _______

retribution.

According to Susan Rhodes (1992, 205-06), what was wrong was endemic to all secure facilities in the country:

rising inmate populations, aging prison facilities, and restrictive state budgets.

blacks were markedly overrepresented, where their share of the defendants is more than 5 percent above their "average" (all offenses), in five offense categories:

robbery, weapons offenses, murder, drug trafficking, and all drug offenses.

prisons are often located in ______ United States and the correctional officers drawn from the local population.

rural

Cohn

says that most failures in corrections programs are not the product of inadequate programming or underdeveloped philosophy, but the result of "inadequate management and leadership

Three other areas are critically important to the future of corrections:

sentence lengths workplace performance Improving inmate programming:

Free (1997) believes that the national campaign against drugs has disproportionately affected blacks through _______

sentencing guidelines

To minimize sentencing disparities, especially as they affect minority groups, states have moved in the direction of creating _______

sentencing guidelines

Research is under way into the correctional application of certain biochemicals, including __________________, both of which have demon-trated links to violent and criminal behavior

serotonin and monoamine oxidase

arrest stats between 2001 and 2010

several other non-Index Crime categories also saw large increases (more than 20 percent) over this same time period, including vandalism, drug abuse violations, and all other offenses (except traffic), all offenses with large base figures. White arrest rates for the following crimes decreased by more than 20 percent: motor vehicle theft, forgery and counterfeiting, fraud, prostitution and commercialized vice, and suspicion.For their part, blacks saw increases in a different set of crime categories, including large increases (more than 20 percent) for burglary, DUI, and vagrancy. Large decreases (more than 20 percent) were reported for blacks in the following crime categories: forcible rape, motor vehicle theft, and arson, all three being Index Crimes. Among the non-Index Crimes, blacks saw large decreases for fraud, stolen property, and suspicion.

their arrest rates are substantively lower than whites for the following non-Index Crimes:

sex offenses (except forcible rape and prostitution), DUI, liquor law violations, drunkenness, and suspicion.

I n the early 1990s, the image of convicted pedophiles at large in the community caused many states to pass ______ , requiring sex offenders to notify the police when they move to a new neighborhood.

sex-offender notification laws

one of the most problematic issues for corrections has been that of _____________

sexual harassment.

Monroe v. Pape (1961)

simplified the procedures for suing state officials in federal court for alleged violations of constitutional rights

According to Alexander and Gyamerah (1997), current drug laws continue discriminatory practices begun during

slavery

National Association for the Advancement of Colored People (NAACP) and the American Civil Liberties Union (ACLU), had successfully used litigation to change ____________

social conditions.

Criminologists studying crime and migration noted that the inner cities were deviant places, and they incorporated that idea in _______

social disorganization theory

The intersection of social class and gender is the nexus of crime for the third form of feminist criminology, __________

socialist feminism

women, but especially pregnant women, are by definition _______ inmates because they have medical requirements beyond the ability of most physicians working in jails

special-needs

One way to improve the treatment component of parolees' reentry is to use _____ , to assign parole officers groups of clients with very specific problems—for example, drug offenders and sex offenders

specialized caseloads

The_______ that underlies the bureaucratic organizational form gives the organization its stability, but it also limits the organization in important ways.

standardization

One of the key functions performed by corrections administrators is the recruitment of qualified ______

staff members.

offender, corrections is perhaps best described as the _______ of the criminal justice system, and that characterization extends to the administration of corrections as well.

stepchild

The AEDPA set _____for filing habeas corpus writs in federal courts and required that a federal appeals court panel approve habeas corpus petitions for filing in federal district courts

strict time limits

Burke and Adams's (1991, 6)

survey of 48 departments of corrections (DOCs), four states reported significant differences in classification; and four others adapted their classification systems or used them differently for women, but used identical institutional policies and procedures. The remaining 40 states used the same classification system for women and men. As a rule, states generally classify women's prisons as lower-risk facilities than men's prisons. Such facilities typically place less emphasis on security and more emphasis on habilitation

_______ groups address issues of domestic violence and sexual abuse.

survivors'

deliberate indifference

that corrections officials knew but did nothing about the inmate's physical or medical condition, and that the failure to act had long-term effects on the inmate's condition.

Mempa v. Rhay

that the right of an accused to be represented by an attorney is not confined to trials alone, that counsel is required at every stage where substantial rights of the accused may be affected. Sentencing, particularly on revocation of probation, qualifies as a critical stage.

Inmate parent statistics

the Bureau of Justice Statistics estimated that women in jail had 105,300 minor children, or roughly two children per woman. Jailed fathers accounted for roughly 11 times the number of minor children attributed to female inmates. more than six in ten of the mothers women lived with their children before imprisonment, versus four in ten of the fathers. Moreover, when a father goes to jail, minor children usually live with their mother or another relative. When mothers enter jail, the children are often placed in foster care or approved for adoption State and federal prisons hold an estimated 809,800 parents of minor children. 14 The number of minor children with a mother in prison has doubled since 1991. About six in ten women in state prisons and over one-half of women in federal prisons have offspring younger than 18. Nearly two in three women in state prisons with young children had lived with those children before entering prison, and so had more than four in five of the mothers in federal prisons. The net result is that an estimated 1.7 million children in the United States had a parent in prison in 2008, an increase of nearly 80 percent since 1991. More than one-third of all these children will reach their eighteenth birthday before their parents return home from prison. Among the males, four in ten of the fathers were black and three in ten were white. For females, three in ten were black and nearly five in ten were white. Slightly less than two in ten of either male or female parents were Hispanic. Most fathers in prison (90 percent) reported that their minor children lived with their mother. However, less than 40 percent of the mothers in prison report that their minor children currently lived with their father. In fact, the children of female inmates were more likely to live with grandparents (45 percent) than their father. Foster care, adoption, or, at best, another relative was often the only viable option for the rest of these children.A comparison of inmates' contact with their children tells us that more than 60 percent of the mothers in state prisons reported weekly contact versus 40 percent of the fathers.

Bell v. Wolfish

the Court decided just one issue—cell size—in favor of the inmates; on four other issues, the justices ruled for the corrections department.

Bounds v. Smith

the Court extended the states' responsibility to provide legal aid to inmates. In its ruling, the Court noted that inmates must have meaningful legal access. This meant an adequately stocked law library within the institution for the use of inmates and jailhouse lawyers, or the legal assistance of paralegals or attorneys.

In Helling v. McKinney (1993),

the Court ruled that potential harm might result from exposure to environmental tobacco smoke and noted that actions should be taken to reduce or eliminate that harm. As a result of this case and other administrative changes, 96 percent of the prisons in the United States have established smoke-free living areas, and 60 percent have banned tobacco use altogether

After several scandals at Auburn, including an inmate pregnancy, New York opened a separate women's facility, ________, in 1835. This prison, which remained open for 33 years, was the first separate women's facility in the United States.

the Mount Pleasant Female Prison

Bell v. Wolfish (1979),

the Supreme Court ruled definitively on the constitutionality of double-bunking. The majority opinion— it was a seven to two vote—stated that double-bunking does not necessarily constitute cruel and unusual punishment and, so, is not unconstitutional

Cooper v. Pate (1964),

the Supreme Court ruled that the states must consider inmates' special dietary needs, religious or medical.

employment stats

the US Census Bureau reported that there were 462,549 full-time equivalent state employees working in corrections with an annual payroll of $1.92 billion. This translates into an average salary of about $42,000 each. Additionally, the US Bureau of Prisons employed 38,5000 people and there were another 234,000 working in local jails. The picture portrayed in this brief analysis of correctional budgets and personnel is rather daunting: more than $60 billion in expenditures and over 735,000 local, state, and federal employees indicate that corrections is a significant industry measured by any standards.

Gregg v. Georgia (1976)

the US Supreme Court upheld the death penalty's constitutionality

Death row stats

the United States' death row population increased by an average of 228 inmates per year between 1995 and 2005, but the annual increases declined from 325 to 128 during this period. In the same period, various jurisdictions executed an average of 68 inmates per year—with a contemporary high of 98 in 1999. Since 1999 there has been a fairly consistent decline in the number of executions annually, and in 2010 there were only 46

The defendant must be acting under color of state law

the alleged violation must have occurred in the course of the defendant's employment with the government agency.

Lee v. Downs

the appellate court held that "opposite-sex surveillance of male inmates, performed on the same basis as same-sex surveillance, is not 'unreasonable,' " and that the practice "neither impermissibly violate[s] the inmates' privacy rights nor impermissibly violate[s] the guards' equal employment rights."

Racism and ethnocentrism

the beliefs that, respectively, either certain races or certain ethnic groups are by definition better or worse than others

McCarthy and McCarthy (1991, 286-91) suggest that to be successful, community-based programs for female offenders should focus on three areas.

the development of economic independence community-based programs should incorporate a parenting element women released back into the community often need more survival training than men in order to live independently.

justice by geography

the idea that urban jurisdictions tend to deliver harsher sentences than nonurban jurisdictions

women and HIV stats

the percentage of female inmates testing positive for HIV is twice that for males (2.3 percent versus 1.2 percent). The rate is even higher (3 percent) among black women, the largest single group of female inmates in jails, followed closely by Hispanic males and females (2.9 percent).In 2002, the rate of AIDS in prison was three times the rate in the general population (Maruschak 2006, 5), which is down from nearly five times the national rate in 1998. By 2007, the ratio of AIDS cases in prisons to cases in the general population was half that reported for 1998. Among women in state prisons in 2002, who were tested and whose results were reported, the percentage of women who were HIV-positive was higher than it was for men (2.4 percent versus 1.7 percent). By 2010, the percentage of women who were HIV-positive was still roughly 30 percent higher than were men (1.9 percent versus 1.4 percent),

habilitation

the process of acquiring the basic life skills needed to function ins society

dual diagnosis

they use illegal substances or abuse legal ones and they suffer from posttraumatic stress disorder.

In the United States, programs that address the needs of incarcerated mothers range from simply helping mothers and their children keep in touch through letters and journals, phone calls, emails, and even instant messaging,_________

to allowing mothers to keep their children in prison, to arranging fur-loughs and home visits and, finally, to coordinating appropriate foster-care placements

Inmates can also file _______ , in which they allege negligence on the part of corrections personnel, but these claims typically are filed in state courts

tort claims

Managing sex offenders under community supervision poses unique problems that sometimes require novel solutions. For example, Kim English and her associates suggest a _______________ for managing sex offenders in the community that is heavily dependent on agency coordination, multidisciplinary partnerships, and specialized personnel.

total containment model

Active monitoring devices

track individuals such as sex offenders continuously, meaning global positioning satellite (GPS) surveillance 24 hours a day

state prisoner habeas corpus petitions nearly______between 1980 and 2000, the peak year for filings. However, since 2000 the number of habeas corpus petitions has decreased to the point that in 2010 there were 4,502 fewer habeas petitions than there were in 2000. This represents a 21.1 percent decline in filings.

tripled

Racial distinctiveness depends on the physical, geographical, national, and cultural isolation of the various groupings. In the ______, these distinctions took on less biological and anthropological significance.

twentieth century

By the late 1990s, ______________ of the states with a three-strikes provision had used it no more than a dozen times.

two-thirds

In approximately _____________ of the studies examined by Pope and Freyerherm (1990a, 1990b, 1991), the offender's race or ethnicity appeared to influence the outcome of the case.

two-thirds

administration

typically refers to the act of supervising or managing an office or an organization.

One effect of ______ is that administrators cannot simply enact policy changes. For example, most union contracts specify the number of hours employees can work in a given pay period and typically restrict reassignments or disciplinary actions unless certain procedures are followed.

unionization

the US Bureau of Prisons (2000)

uses standardized gender-specific classification schemes. This system is based on a combination of threat assessment (past criminal and antisocial behavior and affiliations) and possible mitigating factors, including family or community ties and precommitment status, such as release on recognizance and voluntary surrender.

_____ are not automatically liable for the actions of their subordinates

v

According to a study of 239 state prisons under court order or consent decree in 2005, the most common causes of inmate litigation are related to specific conditions such as ________________

visitation/mail/telephone policies, medical treatment, and recreation and crowding

Forever Free

was a California residential treatment program available during parole and entered only after the women completed an institutional-based component. Participation in both elements was voluntary. This two-pronged program, which viewed addiction as a disease, emphasized relapse prevention. Several sessions related specifically to women's issues, including self-esteem, anger management, assertiveness training, physical and psychological abuse, post-traumatic stress disorder, codependency, parenting, gender, and health.

Seeking Safety

which attempts to address the fact that some female inmates have a dual diagnosis upon entering prison: they use illegal substances or abuse legal ones and they suffer from posttraumatic stress disorder. This program uses group and individual therapy settings, in outpatient or residential treatment facilities.

organizational management

which is concerned with keeping the various institutional and agency functions operating efficiently

Omnibus Anti-Drug Abuse Act of 1988

which mandates a sentence of at least 5 years in federal prison for the possession of 5 grams of crack cocaine—the weight of two pennies and about the amount of crack a serious user might smoke in a weekend

custody variance score

which represents the sum of risk factors and can determine an increase or decrease in their security levels,

An OMB directive in 1997 (discussed earlier in this chapter) established guidelines for collecting data on race and ethnicity. Beginning in 1999, the BJS used three racial and ethnic categories for persons incarcerated by state and federal jurisdictions:

white non-Hispanics (or those we call whites ), nonblack Hispanics (those we call Hispanics ), and non-Hispanic blacks

A difficulty associated with applying the democratic leadership style in corrections is confusion about _____________________

who should be participating in decision making and to what degree

The more specialized the organization's functions, the ______ and higher the pyramid.

wider

drug use stats

women in state prisons and federal facilities were far more likely than men to have used methamphetamine in the month before the current commitment offense (Mumola and Karberg 2006). For any drug, the percentage of women using is also slightly higher than men in state prisons, whereas in federal prisons half of all men and women reported drug use in the month before offending.

In the cottage-style __________________ , female staff supervised inmates and taught them appropriate domestic skills.

women's reformatory

acoustic fence

would serve the same purpose as an invisible one, but the inmate would not wear a receiving device (Pasternak 1997, 41). Arrays of high-frequency sound would surround the containment area. As the inmate nears the sonic barrier, the discomfort level increases, internal organs resonate, and the inner ear vibrates, causing nausea and even death.

Evidence-based corrections

would use the best available research on the outcomes of correctional programs and practices "to implement guidelines and evaluate agencies, units, and others" (Sherman 1998, 1).

Now state prisoners had two options for filing federal lawsuits. _____

writ of habeas corpus , civil rights claim , or what lawyers and others call a Section 1983 suit

In the sentencing hearing, several factors come into play:

● Juries now must consider mitigating and aggravating circumstances A sentencing jury must return a unanimous verdict for the death penalty. In 37 of the 38 states that allow capital punishment, death sentences are automatically reviewed, whether the defendant wants a review or not, South Carolina being the exception (Snell 2006). Most of these appeals go directly to the state supreme court.

Walker believes three-strikes laws are the worst of the get-tough measures. He gives five reasons:

● such laws demonstrate overreactions to cases that are exceptional rather than routine (celebrated cases); ● they prove to be overreaching policies that punish nonserious as well as serious offenders; ● they are applied inconsistently; ● they alter the so-called going rate and add further costs to local justice systems; and ● there is no evidence that they reduce the crime rate. (2011)

In Morrissey , the Court addressed the nature of due process for parolees. The parole revocation hearing should be a two-stage process: (1) the arrest and preliminary hearing and (2) the revocation hearing. For these hearings, the Court extended to parolees the following due process rights:

● written notice of the alleged parole violation; ● disclosure of the evidence against the parolee; ● the opportunity to be heard in person and to present witnesses and documentary evidence; ● the right to confront and cross-examine adverse witnesses (unless the hearing officer finds good cause for not allowing a confrontation); ● a "neutral and detached" hearing body—like a traditional parole board, for example—whose members need not be judicial officers or lawyers; and ● a written statement by the fact finders con-cerning the evidence relied on and the reasons for revoking parole.

The most common tasks performed by corrections administrators fall into the categories of _______

finance and personnel.

we learned that the nation's inmate population grew by more than _______________times between 1980 and 2010.

five