criminal justice chapters 11,12, and 14

women's lives in prison

-1900: few in prison; viewed as morally depraved; not seen as real, dangerous criminals -today, still smaller than men's prisons. lots of minimum security, campus model -suffer form lack of health treatment and edu. facilities-limited vocational training (don't see it as appropriate for women, except sewing) -smaller facilities means fewer customers for health and treatment programs so there are less of them -women are: young, single, poorly educated, minority commonly, psychological/substance abuse problems, similar to omen demographic in prison. usually both are from broken homes. BUT women are MORE likely to have. history of physical and sexual abuse. women also subject to sexual exploitation/abuse by staff.

how does intensive supervision probation (ISP) differ from regular probation?

-4x more contact with probation officer -more likely to have electronic home monitoring and random drug/alc. test -unnannounced job-site/home visits more frequently -more likely to go to court for technical violations -more likely to to be required to have full-time employment as well as community-service requirements -curfews are stricter -officer's caseloads are lower -specific conditions: mandatory curfew, employment, drug testing, community service -stricter rules so higher failure rates some probation systems still require clients to pay cost of supervision fines even if they aren't a private co., can be harder on impoverished (any fine at all either for probation or not)

why do parolees fail?

-50% of people on parole fail (most within 6 months for technical violations) and are recintivated -consequences of prisonization -prisons rarely address psychological and Econ. problems that are likely to lead parolees to recidivism -little prep. for reintegration while in prison -prisons do not allow development of skills essential to outside world, lack of resources (for bus fare, food, etc.) -loss of connections with fam. so go back to gangs

what are the elements of new professionalism in policing?

-accountability-police become more transparent. one initiative= body camera -legitimacy-citizens have lost trust and confidence in police, police have to gain it back and be more honest in interactions with citizens -innovation-adapt new policies/practices that have been effective elsewhere (new techno.) -national coherence-good practices transferable across police jurisdictions, common set of protocols across them.

electronic home monitoring details and random drug/alc. tests

-alerts authorities when moved to far from its transmitter for house arrest-limit only says where offender is not what they're doing. additionally, this should be seen as a supplement to face to face contact with probationee, not a replacement. -house arrest: can't leave home except for approved activities and are super restricted at night when events are likely to take place -new electronic device= secure continuous alcohol monitoring (SCRAM) device-measures amount of alcohol in body through skin, ethanol is excreted through perspiration when drinks so device tests these levels, usually sanctioned for DUi and sometimes domestic violence

new inmate culture

-black and latino inmates are more organized now (whites can't push them around anymore -racial tension and polarity is dominant force

benefits of private probation:

-cost is on probationer because it's private, not the state -effectiveness: because state isn't supervising misdemeanors, they can focus on more serious offenses -public perception: public sees offender being supervised/punished and literally paying for it

probation and probation history

-criminal sentence: offender maintains in community -subject to rules/conditions -almost always an alternative to incarceration -compared to parole: a release from incarceration -roots-english common law -judicial reprieve-suspend punish so offenders could seek a pardon, gather evidence, or show they had reformed -John augustus- the "father" of probation"-1841 -1878-massachusetts-paid probation officers -philosophy of probation-average offender not actually dangerous. institutionalization prevents successful behavior when returned to society, even dangerous offenders can e rehabilitated in community given eh proper balance of supervision, treatment and control; also MUCH cheaper than imprisonment, violation could involve taking back of privilege of probation (called renovation) and send you back to prison. if there was an original sentence (50% of the time), it can now be served, if that is what the judge order -some probationers violated for being convicted of a new crime but more common: technical violation-broken rules-confusing for stats on why/how probation was broken

5 purposes of jail

-detain accused when bail is set too high -hold convicted offenders awaiting sentence -principal institution of confinement for those convicted of misdemeanors -hold probationers and parolees arrested for violations and waiting for a hearing -house felons when state prisons are overcrowded (they are more crowded than prisons though, and have no extra programs like counseling, rec, etc. that prisons sometimes do)

drug courts

-developed in 1990s -rather than prison, develop program of treatment -option of treatment or prison -sentence served when treatment is completed -drug courts seem more effective in preventing further drug use than prison or other sentences

legal rights of probationers

-entitled to geweer constitutional protections -rules on self incrimination do not apply before a probation office -rules on search and seizure-probation officer can enter homes anytime without a warrant -due process rights do apply during revocation hearings

advantages to legalizing some drugs (we all know you mean weed)

-gov. gets tax revenue -reduction in law enforcement costs-redirect efforts at serious crime -avoidance of stigma-help drug users avoid stigma that comes with arrest, marijuana users have been labeled as felons because of incarceration/fines since it's illegal. athletes drug tests/benched for it, corporations fine ppl. who are convicted of drug use (even weed)

what are the general functions of prison correctional officers?

-human services: provide goods and services and act as an advocate, asset in inmates' institutional adjustment. perform services either as a formal part of their duties or because of informal relationships they've developed with inmates -order maintenance: officers maintain the social order in prison by earning the inmates' trust and cooperation. if they enforce rules consistently, show inmates respect, allow inmates dignity, then officer will have an orderly environment where inmates feel their world is predictable and controllable-maintain social order through inmate trust/cooperation -security: passive, ensure inmates aren't acting out and are kept inside institution -supervision: supervise inmates who do prison maintenance work

what are the functions of intake facilities?

-identify prisoners and establish their record -interview prisoner and determine custody level based on severity of conviction, history of institutional violence, and escape history -assess prisoner's medical and mental health -assess prisoner's security requirements -identify sex offenders, sexual predators, vulnerable inmates, and gang members -assign housing and cells. (in some states, these facilities recommend housing and cell assignments. other states leave this tot he facility where prisoners is eventually sent.)

how do men cope in prison? (prisonization)

-inmate code: unwritten gidelines: values, attitudes, behavior that inmates demand. prizonization: when this officially becomes part of your actual personality. assimilation into the inmate subculture: learn criminal skills (ex: how to burglarize), disrespect for authority (don't trust guards(can't be friends)/staff), learn crime in a way of life (hustling, shuffling, illegal commerce), force is necessary to solve some problems, learn need for group support and loyalty (hard to survive by yourself; don't rat)

consequences of prisonization

-makes reintegration into society difficult (skills needed to survive in prison do not work well outside) so it leads to recidivisms (parole violations, new crimes) -research: most prisoners become prisoned, have adjusted to life inside after 2 years

prison life

-many facilities old and decrepit -"total instituions" - lives of prisoners are totally controlled

does probation work?

-most commonly used sentence in the system -cheaper than incarceration -30-40% of people fail on probation most for technical violations -recidivism rate is less tan those sent to prison 4 people on probation -super hard to readjust to life after prison on probation where there was lots of structure, ppl. with stable home environment and employment more likely to succeed

problems with jails:

-no regulations on searches in jails as long as they don to unnecessarily humiliate or degrade the inmate-do cell searches, searches of visitors and staff (but these ppl. who are held here are only SUSPECTS or did something minor) -ppl. awaiting trail are supposed to get our after posting bail but many can't afford it so they stay in there-super expensive for state to keep them in there -jails can end up as a place where societies undesirables go (homeless, drunks, mentally ill, etc.)-police feel pressure form public to keep streets safe so arrest those who appear to pose a security threat regardless of if they actually do-be better if there were more community resources to help these people

disadvantages of private probation:

-not same staff qualifications as state (for state: 4 year college degree, training) -profit motive conflicts with probation function to provide treatment for clients and protect society -ethics: ethical position of punishment for profit. ethics of outsourcing for a function state is supposed to perform. -cost of supervision fee disproportionately affects the poor. these companies charge fees and probationers already have fees to pay, so if they fall behind in payments, what they actually owe will grow and what they can pay will first go to the company fee before paying their probation fees. Beardon v. Georgia (1983) says can't revoke probation or inability to pay fine but loop hold with "ability to pay" phrase. if it is determined you can pay but won't the state will imprison you. also how is it determined that you have the ability to pay?

assumptions about crime to use community resources over prison:

-prison is not society. conformity there may not reflect ability to adjust to society -prison total control doesn't prep. inmates o take responsibility for own actions -community has more resources than n prison like drug treatment or work release, enhance likelihood of rehabilitation -community has support net works for offender that don't exist in prison -in community, offender can contribute financially to fam. and pay taxes -cheaper for state to use community than prison -state can more accurately judge which offenders are dangerous enough to need incarceration -have enough probation/parole officers o supervise offenders in community

why are jails overcrowded?

-prisons are overcrowded-so refuse to accept sentenced inmates -mandatory jail sentences of drunk driving -war on drugs -mandatory arrest for domestic violence

what are the unintended consequences of high incarceration?

-prisons don't always make offenders into better citizens, can accelerate criminal career-lots of money spent on prison upkeep but low amounts spent on actually fixing prisoners behavior -prison overcrowding because of mandatory minimums lead to few $$ for rehabilitation/re-entry of inmates back into society -disproportionately affect minorities and impoverished-over rely on prisons to fix problems resulting form impoverishment, mental illness, and drug addiction -high incarceration deprives inmates' kids of adequate role models and financial support-could lead to child being a criminal, also costs $ to travel to see offender, send care packages etc. and legal fees -disrupts bond between spouse and kids -ill equipt to deal with increasing mentally ill and aging populations: -prisons also ill equip to handle elderly as sentences go on, can't deal with infectious.chronic diseases and have low exercise/good dietary programs -prison's don't teach school/sufficient skills to get a job after prison (many inmates didn't have these skills to being with that's why they're in prison) - develop bad skills in prison (taciturn demeanor, suspicion of relationships, resistance to authority) prison also restricts inmates form applying to certain job sectors for jobs -affects society because individuals denied full citizenship rights and $$ is diverted form schools, rec programs, and social programs to build and staff prisons/jails -releasing individuals back in population/community where they broke law creates a repetition of arrest/incarceration/return because of the reciprocal relationship between disadvantaged neighborhoods and the detrimental effects of life in prison (they bring back with them a prison mentality that damages social fabric of community) -incarceration disproportionately effects neighborhoods characterized by poverty, violence, and failing social institutions -incarceration= big effect society because lots of people denied full citizenship rights and public benefits, no full political participation

private prisons

-prisons operated by for profit private firms -heavy users: Feds, TX, FL, GA, OK AZ, and feds. especially for illegal immigrant s -there's always some private enterprise in prisons: contract for special services (ex: medical, food services) -dept. justice report in 2016: federal private prisons are less safe, less secure, and more punitive than regular prisons (more punitive because less guards), shocking # of deaths. so dept. of justice says will stop using them. but report doesn't have wide spread of influence-homeland security one month later renews controversial CCA contracts for detainees (feds. prob. didn't stop using them either) -are they cheaper to operate?: some legislators believe private enterprise is ALWAYS cheaper than public servants BUT never been an independent study that has shown private prisons recheapter (lower quality because they must save $ to pay their high profit. lower salaries, save on food, etc.) refuse to take expensive prisoners, profits remain high biggest investors are Wall Street banks -effects on inmates?: no one cares -problems of privates: engage in extensive lobbying for longer sentences-CCA has paid 70 lobbyist in past decades, write truth in sentencing laws, mandatory detention of immigrants. American private prisons pretty much unregulated. secrete contracts require ability to ;fill capacity to 80-100%

what contributes to correctional officers' stress? and why is it dangerous?

-they are super stressed because they're trying to control/manage a population held against their will-could lead to loss of motivation/commitment and then prison security suffers -stressors: overcrowding, poor organizational support, inmate violence, shift work, etc. -overcrowding stressor: inmate violence increases with overcrowding but # of corrections officers did not go up when # of inmates did so not enough people to deal with it -they are in between facility administration and the inmates, have to balance the pressure/wants of both groups

fines

-used more often in lesser offenses or when financial profits were high -money from them goest o state, not victims -may discriminate against the poor: day fines= make fine fit the offenders income (get fined one days pay); sounds like its equal but can still not be if super poor but theory is to equalize the pain of fines -can get additional fines for not paying the fines and payment plans to pay unaffordable fines can actually make you end up paying more for the payment plan companies monthly fees

boot camp intermediate sanctions

-usually for juvenile and less serious offenders -offered as an alternative to prison by judge -short term; if you screw up you go to prison -all about discipline and physical activities -claim that this teaches life skills-doesn't work most just go back o previous lives

types of correctional officer job assignments:

1. block officers-security of housing block, make sure daily work/activities are done safely 2. work detail supervisors-supervise prison labor or any function that requires prison labor. can receive pressure form inmates to do favors because they have control of scarce resources. gives officers bargaining power, but also they are evaluated on how well the prison work gets done. 3. industrial shop and school officers-supervise inmates engaging in work or school activities provided by civilians 4. yard officers-supervise exercise yard. closest thing to the street in a prison environment, where most trouble is likely to occur 5. administrative building assignments-low contact, administrative functions, ex: control security gates, handle storage of weapons, field phone calls form outside, supervise visitations 6. wall post-watch towers over prison yard and outside perimeter 7. relief officers-fill in for other officers who take time off. kinda like sub teachers so they can be constantly tested by inmates *in a prison the block=home, for work/school assignments keeps inmates occupied and yard=street*

why did the line of thinking that originated the hands off doctrine occur?

1. conditions of confinement viewed as technical matter judges were educationally equipt to consider 2. prison decisions= viewed as executive branch area because separation of powers 3. public didn't care about prisons 4. treatment of inmates considered a product of privileges rather than legal rights (prisoners seen as giving up rights when breaking law and going to prison)

what are the five pains of imprisonment (list)?

1. deprivation of liberty-restricted to prison and loved ones can't come often. confined to an institution and then further confined within it 2. deprivation of goods and services-no access to food, entertainment, and services free ppl. enjoy 3. deprivation of heter0sexual relationships- in same sex institutions (particularly mens) rape happens-no women around to provide feedback to sense of masculinity so make other men subservient. 2003, congress passed prison rape elimination act (PREA) which sets the standards for detection, prevention, reduction, and punishment of prison rape. fed. facilities must comply and act has grants to help state and local Govs. implement it 4. deprivation of autonomy: can't make decisions about basic tasks like walking from room to room and have o ask for everything 5. deprivation of security: have to room with violent/aggressive ppl. even if you are violent/aggressive yourself. inmates victimize each other by testing for physical/emotional weakness ALL OF THESE ARE INTENTIONAL EXCEPT DEPRIVATION OF SECURITY

what are the four strategies of community corrections?

1. diversion programs 2. probation 3. intermediate sanctions 4. parole

what are the two major functions of jails?

1. holds suspects who have been arrested and are awaiting disposition of their cases 2. confinement of misdemeanor offenders who have been sentenced to less than one year of incarceration

what principals is the decision to grant parole based on?

1. how much time offender needs to serve to justify public demand for retribution 2. is the offender successfully "cured"/rehabilitated 3. low resources, can't keep everyone in for full sentence -decision is determined by law -discretionary parole= the norm.; within limits set by judge, parole board determines release date -mandatory parol erelease (determinatie sentence, then mandatory time in parole; not common, but becoming more so)

3 goals of prisons

1. incapacitation-can't break anymore laws outside prison 2. retribution 3. rehabilitation-hard to reach because bad conditions that sometimes leave inmates more antisocial than when they arrived

what are the three universal functions that define probation officers' occupation ?

1. investigation 2. supervision 3. service

what rare the 3 types of crime related to drugs?

1. offenses committed by ppl. on drugs 2. offenses committed by people who need $ to buy drugs 3. offense committed among drug dealers

what are the major obstacles to successful re-entry of inmates into society?

1. prisonization: hard to adjust after living a life where all important decisions are made for you; multitude of decisions available after prison= overwhelming 2. weakened social ties: with fam/friends; they may be wary of how prison has affected inmate. someone may have taken incarcerated person's place while gone. has to re-establish bonds, and relationships may have changed. 3. stigmatization: legal stigma-losing right to vote, parent, have public. employment/public office, serve on jury, possess firearm. carry a master status and socially face discrimination and prejudice

what are the 2 goals of supervision?

1. punishment because probationers life is disrupted by conditions of probation 2. surveillance to protect society so officer knows if probationer is being unlawful again-most attention given to new offenders

what factors is the decision to grant parole based on?

1. time served: parole board sometimes subject to fixed sentences until eligible for parole 2. prison adjustment: based on good time and meritorious time 3. pre-parole plan: made with inmate and family members specify living conditions, finances, what supervision/treatment programs are required. have to have a reasonable support network to be released. 4. offender interview: feel for offender's attitude, demeanor, preparedness, and sincerity, see how inmate reacts to authority figures using pointed questions 5. victim impact statements: see how inmate's release will affect them. can go to parole hearing to ensure no release.

what types of intermediate sanctions are there?

ISP, drug tests, house arrest/electronic monitoring, fines, shock probation (disagreement if this is helpful or harmful), split sentence (disagreement if this is helpful or harmful)

how do occupations within the prison differ form those outside the prison?

In prison, gourds, medical technicians, doctors, treatment specialists, administrators, secretaries, and clergy must be wary, emotionally distant, and suspicious of every request, motive, and kindness offered by inmates. In the prison environment, the potential for violence, escape, and duplicity is constant, whereas outside he prison, the likelihood is less so.

civil forfeiture

The confiscation of property by the state because it was used in or acquired through a crime. In recent years the police have used civil forfeiture to seize property that they believe was purchased with drug profits. -seizure of goods RELATED to committing a crime, even if the owner is not accused of wrongdoing -rackateer influenced and corruption organization (RICO) assumed guilty unless can prove innocent -can be used in civil and criminal cases -can be done without probable cause/proof or arrest or charges -was property used to commit a crime? -ex: motel caswell, ppl. sold drugs out of it when renting hotel rooms so whole motel was seized under RICO and owner had to prove innocence even though he didn't know about the drug sales -ex: tyson timbs injured on the job, is prescribed opioids and becomes addicted-starts to sell them to pay the bills. sold 2 gs to an agent (undercover) and delivered then in a landrover bought with his life insurance, car seized in civil forfeiture even though drugs were only worth about $200 dollars and car worth $41,000. supreme court has never been definitive, so it is legal for the Indiana courts to be grossly disproportionate in these fines

how will future police departments engage in predictive ("smart") policing?

________ focuses on the role of science in police effectiveness -wireless video streaming: monitor officers in traffic stops, also attach it to robots used in investigations, helicopter surveillance, and barricade/hostage situations -license plate readers: can identify if car is reported stolen, have parking violations, etc. -GPS:track criminal suspects. can get a warrant and place a GPS on suspects car (ruled in U.S. v. Jones that GPS placed by law enforcement on cars constitutes a search, thus requiring a warrant) also can track what patrol car is in the best location to respond to distress -social media: good relations with public

total institution

a closed environment in which every aspect, including the movement and behavior of people within, is controlled and structured (decide who cellmates are, what they eat, when they can bathe, etc.) -designed to help prison run efficiently and maintain order and deprive inmates of discretion taken for granted in free society -deprive offenders of goods and services and relationships with others to punish them downside: unintentionally, inmates are deprived of physical security (put a bunch of dangerous ppl. together where they can hurt each other)

community corrections

a form of corrections in which criminal offenders are managed in the community instead of in correctional facilities-attempt to rehabilitate and defer; may require treatment programs, fines, etc. but no incarceration why this route? can't afford top put everyone in prison

intensive supervision probation (ISP)

a form of supervision that requires frequent meetings between client and probation officer what probation used to be but isn't feasible anymore with high case loads. type of intermediate sanction. offenders who are most problematic are allocated extra supervision. probation officers assigned to these have smaller caseloads and are expected to have more frequent contact with clients.

uSA. Patriot Act

a law signed by president George w. bush on October 26, 2001, in response to the terror attacks of September 11, 2001. gov. do whatever necessary to prevent more terrorist attacks gov. can put bugs in phones before determining if suspect is likely to use a phone, sweep ISPS (internet providers), can monitor emails and cell phones without court offers or having to report to judicial over sight gov. only has to prove that info. is relevant, can show zero probably cause as required by 4th amendment. gov. can also get these warrants WITHOUT having to report to a court to determine if allegations are true

master status

a personal status that overwhelms all others

labeling theory

a perspective that considers recidivism to be a consequence, in part, of the negative labels applied to offenders

net widening

a phenomenon through which criminal justice programs pull more clients into the system than would otherwise be involved without the program basically, without diversion programs the state would dismiss many 1st time offenders for minor crimes because prosecutors have to prioritize cases they pursue. this way, the state controls more people and WIDENS the net. some programs have so many conditions that they set clients up for failure so instead of diverting them fro the system they suck them into it. COUNTERPOINT TO DIVERSION PROGRAMS

jail

a secure facility that typically holds arrestees, criminal suspects, and inmates serving sentences less than a year- controlled by local sheriff or administrator under auspices of county or city

collective behavior

a sociological term that describes how an individual's actions are transmitted into group actions that can exceed what any of the individuals in the group intended phenomenon that leads to inmates getting so frustrated hat they find their release in collectively challenging the prison's authority-ex: riots inmates have no release for their frustrations like we do in norm.. life because they can't leave the prison which can lead to frustration accumulating to the breaking point stress from overcrowding= easier for assault to happen etc.

super max prison

an extremely secure type of prison that strictly limits inmate contact with other inmates, correctional staff, and the outside world. started with Marion prison (fed) in u.s. in 1983 and it became the 1st standalone _________ prison after 2 correctional officers were killed in one day 1980s and 90s other states pick up this model, today states have _____ units or at least one _______ prison Pelican Bay in crescent city Cali = example of modern ______ where inmates are confined to cells with no work, recreation, or contact except cellmate. when go to shower or exercise yard are shackled and can only move with escort of 2 baton wielding correctional officers.

why is the war on drugs a failure?

because it overcharges minor drug offenders instead of tackling more crimes detrimental to society like white collar crime if we regulate rather than criminalize drugs, it's assumed much more of the crime and violence associated with illegal drug trade may be stifled

8th amendment, fines, and civil forfeiture

bill of rights: -8th amendment: excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted, but what IS and excessive fine? -does the excessive fines clause apply to the states? 2 fed. courts of appeal say yes, 14 state supreme courts say yes, u.s. Supreme Court never specifically ruled on excessive fines clause

how defense attorney views probation

can claim to have preserved offender's liberty with probation by keeping them out of jail with reasonable compromises

in what ways to probation officers have more discretion than police?

can search residence, car, or person without probable cause if think probationer is breaking law because it's a conditional release, limited legal rights like prison officer holds power to do an informal warning to probation if they violate parole conditions, or can send them back to a judge

ways to eliminate gangs in prisons

can try to by isolating leaders, punishing ppl. with gang insignia, and transferring those uncooperative, but gangs have diffused to other prisons so it doesn't usually work can separate prisoners by race but then be accused of discrimination or failing to protect the weak if you put violent prisoners together some corruption with officials intentionally putting rival gangs in the exercise yard to cause fights and then place bets on who will win for fun

what is used to combat labeling theory

combat this with diversion programs-usually charges are held in abeyance (temporarily suspended) while they complete treatment programs/community service or just stay out of trouble for a while common for first time offenders

how prosecutor views probation

concern is to win case; can do that efficiently with probation and avoid expensive trails and requires little time/resources to dispose of case

recidivism

continuing to break the criminal law and returning to the criminal justice system after being processed for past offenses

5 pains of imprisonment (definition)

deprivations that define the punitive nature of imprisonment (idea is that deprivation in prisons is a sufficient punishment in alternative to physical brutality in corporal punishment) downside: can be destructive to psyche

decriminalization

emendation of laws or statues to lessen or remove penalties for specific acts subject to criminal prosecution arrest, and imprisonment

how/why did women's prisons emerge?

emerged in 19th century with involvement of quaker Elizabeth fry she visited Newgate prison (England) in 1813 and was appalled at women conditions-most women were all shoved in one room-she advocated fro conditions improvement and suggested women should be gaurded by female staff only, seperate facilities for women, less hard labour, prisoner edu. (England eventually followed these reforms) first serparate institution for women in u.s. was mt. pleasant NY in 1835 until late 20th century women's work was confined to sewing, cooking, cleaning and they could only take classes in domestic work of stereotypical womens vocations (ex: cosmetology)

ex con rights

ex cons forbidden from teaching college in some state or receiving financial aid for grad school

what led to the creation of private prisons and what is the idea behind them?

failure of the government in the 1970s (Watergate, 'nam) contributed to public view that gov. couldn't do anything right, including running prisons. idea is that private firms could handle more inmates more inexpensively and capitalism would force them to provide good services to stay on the market. the two companies that are the major providers today are core civic and geogroup *no matter the idea, state and local facilities still shoulder most of the inmates*

What health issues are associated with women's prisons?

female inmates re vulnerable to cervical cancer because the prison environment renders the screening process difficult (if done it's rough/invasive in bad conditions with bad equipment)follow up = uncoordinated and some tests are given in a lang. the inmate won't understand. sometimes prison charges a fee for Pap smear and sometimes they're free . the lack of access to sanitary supplies makes menstrual care problematic. sexual abuse and misconduct is common, and sometimes inmates become pregnant while incarcerated (either from visits from husbands or rape/consensual sex from staff/guards *fry's all women staff suggestion hasn't stuck*). abortion care is not provided within the facilities. pregnancy care is especially problematic because institutional medical regulations are not available to the public and facilities often do not adhere to standards because they are not enforced.

how is the security level to place a prisoner in determined?

for federal prison, the court sends judgement to u.s. marshals who request a prison designation from the designation and sentence computation center (DSCC) in the federal prison system, lots of inmates aren't taken into custody right after conviction but get notified by mail a few weeks later where they must travel to and when to turn themselves in to prison for the STATE prisons, prisoners are taken upon conjictiction and sent to an intake facility to determine what security they should go to for prison

private probation

form of probation supervision that is contracted to for profit agencies by the state because not enough probation officers ppl. supervised this way require less supervision compared to felons so serious offenders have more focus states have guidelines for how private probation companies supervise misdemeanor cases

how did Elizabeth fry improve prison conditions for women ?

fry advocated that female staff only should guard women. English prisons adopted her reforms, including separate facilities for women, female staffing, prisoner edu., less hard labor. fry's efforts and visit to the u.s. inspired the creation in 1825 of a separate wing for female juveniles at the New York House of Refuge.

investigation role and probation officer

gates info. for decision makers in the c.j. system most important thing they do is file the pre investigation report (PSI)

how offenders view probation

good deal. lets them remain at home and away form imprisonment. after. while probation conditions can seem frivolous and nitpick though. because probation time does not equal time served, breaking probation could mean still having to serve the entire prison sentence

pseudofamilies

groups established by women in prison to imitate familial roles in society

service

help offenders get better, find job counseling substance abuse counseling obstacles to this goal: high case load, offenders can resist help sparse resources for mental health institutes, drug treatment centers, etc.

what is the downside to predictive policing?

is it ok for people to be stopped and frisked based on predictive factors rather than actual behavior? (ex. go to neighborhood estimated to be at risk for burglary and stark frisking suspicious looking people)-violation of 4th amendment right to privacy -predictive policing techno. could just end up pointing officers toward impoverished communities where enhanced police presence uncovers more offenses and repeats cycle

USA freedom act

law signed by pres. Barack Obama in 2015 that reauthorized parts of the USA patriot act but limited the bulk collection of U.S. residents' phone records and internet data-stopped gov's ability to collect info. that can't be directly connected to terrorism specific: stop NSA form collecting every cell-phone call and email of all citizens in order to give it the ability to "connect dots" when found possible evidence of terrorist activity but gov. can still look at data internet and cell providers have

prison litigation act

legislation that restricts litigation by prison inmates based on the conditions of their confinement - stops inmates to bring civil rights actions against the gov.

what are the security levels of state prisons?

low, medium, maximum

how do men and women differ in behavior in prison?

males= more isolated prison and their actions have goal to have control and domination, but females want relationships with each other and staff. used to form pseudo families

how does surveillance technology conflict with privacy issues?

many people are concerned that the war on terror has resulted in curtailing the privacy rights of citizens . The PATRIOT Act gave broad and sweeping powers to law enforcement to conduct surveillance on individuals' telephone and internet communications. although the FREEDOM Act curtails some of the most egregious activities allowed by the PATRIOT act, critics still claim that the federal government has violated the constitutional protections inherent in the bill of rights

what are the levels of federal prison security?

minimum security institution: federal prison camps, dorm housing, low staff, low perimeter fencing low security institution: fenced perimeters, dormitory/cubicle housing, higher inmate to staff ratio medium security institution: fenced perimeters with electronic detection system, cell type housing, higher inmate-staff ratio high security institution: security perimeters with walls or reinforced fences, cell housing, high staff to inmate ratio, strict control of inmate movement administrative facilities: specialized institutions, hold pretrial detainees, treat inmates with serious or chronic medical problems; and/or hold extremely violent, dangerous, or escape-prone inmates

arguments against private prisons:

money: 1st concern for private prisons is to make a profit over inmate welfare. actually end up being more expensive than government prisons because for profit margins are added to cost of running the prison labor: threatens jobs, benefits, tenure of public employees-can lead to strikes. morally, private enterprise should not have the degree of control over human beings that incarceration requires. control: might cause society to build more prisons and depend on incarceration if prison corporations lobby to build more prisons. can choose what inmate to take, leave bad ones to the state. accountability: less accountable to public than gov.

arguments for private prisons:

money: cheaper because gov. prisons has incentive to grow so they can inflate their budgets. also they can operate prisons across states and jurisdictions (local and state agencies can't)-so economy of sale employees: more easily hired and fired than gov. workers(they have civil service protection), so private prisons can adjust staff sizes more quickly when needed and since they can be easily fired they have more incentive to do a better job accountability: stock holders and cooperate boards add another layer of review to decision making and are immune to some of the political pressures inherent in government flexibility: inmates can bet transferred across jurisdictions and prisons can be built more quickly and cheaply

cooper v. pate (1964)

new era in prison litigation by ending hands off doctrine and letting inmates sue for civil rights violations -minimal standards of human dignity: prisoners ares till persons under the law -access to courts, legal services, and material (have to have right to go to fed. courts if fed. right is denied) -law books in every prison now -freedom of expression, religion, and right to medical treatment -access to reading materials and media (all prisons have libraries) -prohibition against cruel and unusual punishments "'conduct which shocks the reasonable conscience" (lengthy solitary confinement, shackling, excessive physical punishment, torture)

does female prisonization occur?

not really. behavior less violent than males. anti-authority code of male institutions does not exist. BUT may engage in self destructive behavior to cope with problems (cutters) vs. engaging in outwardly destructive behavior like men. creation of make believe families as coping mechanism (woman more family oriented than men)

social history

offender's edu., family, work situation, physical/mental health important for considering case/special issues and to develop a record of attachments future probation officers can use to monitor the offender

what is the relationship between diversion programs and labeling theory?

offenders can be diverted to alternative (diversion) programs based on labeling theory, which suggests that the ore limited the offender's penetration into the criminal justice system, the less likely the offender will be to adopt a criminal self-concept and continue to break the law

split sentence

partially behind bars, partially in community. say, all weekends for a year.

restitution

pay back to victims or society (monetary or community service) -benefits the victim, the offender (symbolically), and the community -majority of _________ clients successfully complete their orders and do not recidivate -the money, goods , or services from ______ goes to he victim or community, not the state

mempa v. rhay (1967)

point of case: felony defendants have to have attorney during hearings when probation can be revoked but gets tricky because new offense can be tried in court and probationer will have all legal rights for that offense but it will ALSO be considered a probation violation so probationee can get one charge cleared and then go to jail for violating probation especially with 2 different judges or jurisdictions for cases howeve, most of the time technical violations don't result in revocation thought-rely on probation officer to fix minor issues

brown v. plata (2011)

point: court mandated pop. limit in CA prisons is necessary to remedy the violation of prisoners constitutional rights and is authorized by the prison litigation reform act case: inmates file class action suit saying overcrowding in CA prisons violated 8th amendment. court ordered release of a bunch of inmates

how do gangs affect the informal inmate social structure and prison security efforts?

prison gangs based on racial identification promote violence, thus complicating administrative efforts to maintain security. segregating inmates by race can increase safety; however, this prevents inmates form learning how to get along and does not promote diversity. it may also prompt accusations of discrimination; yet, when inmates have access to each other and violence ensues, prison can also be accused of failing to protect the weak

what is the difference between probation and parole?

probation is a sentencing option that allows offenders to be placed under community corrections supervision instead of going to prison. parole is a form of early release that happens after the offender has served part of the prison sentence. (probation instead, parole after) probation is usually associated with judiciary (judge primary decision maker) and parole is under executive branch and governor parolees usually are more of a risk than probationers because usually more serious offenses, may have adjustment issues after prison, and may have weakened social bonds because separation due to incarceration differing responsibilities for probation and parole officers

history of the incident

probation officer summarizes complete report on offense with viewpoints from offender/victim and police report. lets judge know offense's effect on victim/community. helps judge see how serious offense was if, in case of plea bargaining, the defendant is able to reduce their charge - judge can then add conditions or not grant probation also shows offenders arrest record. if second time, did probation work before? are they increasing in violence? help determine risk of going on probation again

supervision

probation system has standard conditions like how often o report, restriction son changing jobs/residencences without approval, proscriptions on alcohol, drugs, and consorting with known felons. probationer must cooperate with probation officer and follow all lawful instructions. hard to keep up with all of these conditions because probation officers have large case loads judge can ad special conditions like community service

retribution

punishment that is considered to be deserved there is a stereotype that fed. prisons (house white collar offenders) are too nice to fulfill this goal-have college classes, rec. activities. also people let out on parole leaves public unsatisfied with amount of punishment offender is getting

how reformers view probation

resources only found in community can provide a more successful rehabilitation. by avoiding prison and its hardening affects, offender can still learn productive work habits and positive social skills

intermediate sanctions

sentencing alternatives that are stricter than regular probation but less severe than prison can also be employed at the parole stage pitfall: have to make sure they're being used on the right people-bad offenders who need intense supervision. these programs are based on recidivism rates though so there's a temptation to place them on midemeanor offenders whoa re sure to conform.

what are prisons doing to keep facilities within capacity (stop overcrowding)?

some jurisdictions are altering sentencing policies and lowering bond amounts to promote early release and decrease prison populations

how politicians view probation

some politicians have a tough on crime stance yet do not provide funds to send all the offenders to prison, so probation ends upping a cheaper way than jail to punish

downside of supermax prisons

super safe but super $$$$$$$ because need lots of techno. to keep inmates constantly separated, money spent here can lead to less expensive overcrowded prison which can lead to collective behavior.

what is the incarceration rate in the united states compared to that of other countries?

the United States relies on incarceration to a much greater degree than any other country. the u.s. prison population accounts for 25 percent of the world's prison inmates. the u.s. incarceration rate is 5 times higher than the rates of Western European countries. -25% of world's prisons -largest prison pop. in the world with 2.2 million incarcerated adults -b/c of war on drugs and war on crime-higher percentage of citizens in jail -some argue that the crime rate has gone down because of higher incarceration, but better target hardening techniques (locks, security camera), Econ. forces, stabilized illegal drug markets also have to be considered

parole

the conditional release of a prison inmate who has served part of a sentence and who remains under the court's control

how do the 8th and 14th amendments protect inmate rights?

the eighth amendment prohibits cruel and unusual punishments; however, it is not always clear as to what constitutes cruel or unusual. In thousands of cases, prison administrators have been faulted for policies related o food issues, heating, and discipline. Wolff v. McDonnell (1974) established that the fourteenth amendment grants some level of due process to inmates. the equal protection clause established that inmates cannot be treated differently based on their race or because they are male or female. discrimination that is prohibited society is not permitted in correctional institutions.

prison industrial complex

the increasing reliance on incarceration, surveillance, and law enforcement in the u.s. and its relationship to the establishment of for=profit incarceration and probation/parole services, and good businesses that supply goods and services to prisons and jails comes from military industrial complex where in 1950s Eisenhower warned u.s. public that corporations sold weapons to the gov. it didn't need creating a cycle tat wasted money that could be used on social programs for unneeded weapons. same thing we are building prisons instead of diverting resources to social programs to fix the problem

hands-off doctrine

the judicial attitude toward prisons before the 1960s in which courts did not become involved prison affairs or inmate rights courts saw themselves as having performed their role in arrest and trial phases of c.j. process and saw incarceration as an administrative matter with internal workings of prison so not subject to judicial oversight. administrators were given free hand to run institutions irrespective of constitutional violations -prison administration was a technical matter best left to experts -society apathetic -prisoner's constitutional rights viewed as limited

deinstitutionalization

the policy of removing mentally ill people from mental health institutions and closing part or all of those institutions -u.s. did this in 70s-idea was the patients would be transferred to treatment centers but there wasn't resources to build/staff these so lots of mentally ill patients ended up on the street -today significant pop. of prions are mentally ill and they don't have the resources to treat them

shock probation

the practice of sentencing offenders to prison, allowing the to serve a short time, and then granting them probation without prior knowledge sudden release is supposed to encourage them to turn over a new leaf. problem is incarceration (usually 30-90 days for this) still disrupts lives and can cause people to lose jobs and relationships. also makes courts look duplicitous in further alienating and labeling the offender. intermediate sanctions= better option

recidivism rate

the rate of ex-offenders who commit new offenses and are returned to prison

pre investigation report

the report prepared by a probation officer to assist a judge in sentencing; also called a pre sentence report. chief document judge uses to pass sentence. collects info. about 2 things: legal history of incident and offenders social history.

probation

the suspension of all or part of a sentence subject to certain conditions and supervision in community

why is the term war an inappropriate metaphor for drug policy?

the term war implies that society should be ruthless, expedient, prepared to make a sacrifice, and subordinate the individual to the overall goal of winning the war. traditional wars have an external opponent, but the war on drugs concentrates on u.s. citizens and thus is an inappropriate and inaccurate metaphor. declaring war means to use any and all resources to defeat the enemy, which becomes problematic when the enemy is a normal citizen; prepared to be ruthless/dehumanize individual with term war

embezzlement

the theft or taking of $$ or property by a person who is charged by an employer or the authority to be responsible for those assets

legalization

the total removal of legal prohibitions on specific acts that were previously proscribed and punishable by law

predictive policing

the use of information technology to analyze vast amounts of data to allow law enforcement to better target their resources toward potential crime. better able to target neighborhoods/offenders who have shown tendency to break the law. officers then prevent crime rather than react to it. maybe deter incidents when officers result in physical force. techno. (data analytics) allow law enforcement to predict where crime will happen and what type of citizens Wille engage in it instead of relying on experience/intuition of individual officers

how do the courts derive authority to meddle in inmates' rights? and what do they concern themselves with?

they derive it from the 8th and 14th amendments: -usually address inmate abuse by prison officials less than internal workings of prison -inmates are allowed due process in Wolff v. McDonnell (1974) which defined the process for prison disciplinary proceedings -14th protects inmates against discrimination on basis of race or sex and religion -rights to privacy forfeited for safety of the prison-cells can be searched at any time and routine strip and body cavity searches = necessary, what inmates are mailed/receive is monitored -contact visits= not a constitutional right and no right to conjugal visitation

examples of your average ~prison~ gangs (as in gangs of pals;)) hint: there b 4

this is a big deal in cali?? -Mexican mafia: prey on black and white inmates by extorting and robbing them and preying on Mexicans form norther California (ppl. who started this gang were a group of Mexican juveniles form LAX who got jailed together) to fix the problem, prison authorities dispersed gang members to other prisons but they just recruited more Mexicans and so it grew -la nuestra familia: northern Cali Mexican gang-at odds with *you guessed it* Mexican mafia. younger member spun off and created the NORTHERN STRUCTURE and sometimes they're at odds with nuestra familia. La nuestra familia and northern structure = state's largest prison gang military structure-identify enemies, those released have to start "regiments" in their home towns -black guerrilla family: comes form 1960s when black panthers were incarcerated. started as calling of revolution but eventually devolved into gang members themselves. younger members today are prob. affiliated with bloods or crips. -aryan brotherhood: white gangs, flu klux klan and nazi swastikas. sometimes Align with Mexican mafia in conflict with La Nuestra Familia

meritorious time

time deduced from an inmate's sentence for doing something special or extra, such as getting a GED

good time

time deducted from inmates sentence for good behavior.

how judge views probation

under pressur enorm public to punish offenders even if prisons are full, but, probation allows judges to impose a less expensive sentence than prison and sort of satisfies the victims and other citizens that the offender did not totally escape punishment, can make sentence worse by adding conditions