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Major shifts in ideolog

Along with reform, we see a change of philosophy or moral sentiment. Ideology began with a belief in divine rite, and supernatural explanations of crime. It then shifted to a belief in free will and rational choice (classical school) and then to a belief in the treatment model (positive school) where offenders were sick and needed to be cured. More recently, we moved to a social learning model, that purports crime is result of learned behavior, thus supporting rehabilitation. As explanations changed, methods of punishment also changed, and prison became used more often as a place to either cure or rehabilitate people. Mirroring the ideological changes inside, there were community shifts outside. During the same time frame, the population grew, communities became less stable, residents became more transient, and communities became less tight knit. When this occurred, public punishment stopped being an effective method, and we embraced a new, more solitary method--the prison.

Auburn System

Also called the congregate system, in Auburn inmates would congregate together to work during the day. In the evening, they were isolated in small individual cells, with a system of silence reigning at all times. Construction started in 1816, the first inmates came in 1817 and finished building the institution which was completed in 1823. Delegates from other states and countries were sent to examine Auburn so it could be replicated as it was much cheaper to construct than the Pennsylvania system. Cell blocks were four tiers high, becoming the model for most prisons built during the next 150 years. Pontiac prison in Illinois is based on the Auburn style architecture. The overriding goal at Auburn was to break the prisoners spirits so they would accept reform. No talking was allowed and conversation was prevented at all times by the whip. The lockstep was used to guard against communication and even in the congregate dining hall they ate sitting face to back. Inmates were not permitted visitors, but citizens could pay admission and look them over (like in the zoo). There was a 2000 foot passageway behind the large workshops with peepholes so the staff could watch for talking and other misbehavior and also so tourists could watch. It was .25 to watch and .25 for a guidebook, and really was considered the "thing to do" of the time (think date night) approximately 6000-8000 people per year would visit.Auburn was a more profitable system than Pennsylvania since inmates could set up factory areas and work together in silence. Labor was sold to the highest bidder who would take their work and sell it on the open market. Prisoners made nails, barrels, clothing, steam engines, brooms, wagons, rifles, at one point they even brought in worms and mulberry trees to make silk!

Habitual Offender Status

An add on penalty given to a repeat felony offender, habitual offender status increases the penalties for subsequent crimes with less opportunity for reduced sentences or good time. Although laws vary by jurisdiction, it can also be a stand alone charge resulting in prison time.

The Penitentiary

An institution in punishment, the penitentiary was created to protect health and improve character. It was believed that criminality was a treatable disease if it was caught early enough. Punishment was seen as a way to heal and reintegrate the person into normal life through the use of penance, terror, harsh physical punishment, and labor. Early penitentiaries were located far out in the countryside, free from interference or inspection. Administrators were judged by the prison's production record and the number of escapes, not the number of successful rehabilitation's. They were usually gothic-style fortresses designed to hold as many as 4000 to 6000 prisoners (the average prison today holds less than half that number!). Known for disciplined isolation, penitentiaries served to protect prisoners from moral contamination while providing them with habits of correct living. It was hoped that isolation would cause them to become new, reformed human beings. Penitentiaries were meant to be the perfect prison. A separate, self-contained, pure moral universe with a single goal of reclaiming wayward men and women. It would isolate criminals from a corrupt world and reshape their character with strict solitude, work, and worship.

SENTENCING

And more importantly for this class, how much time do offenders actually serve in prison? Over the last few years although the average sentence length has increased, the time actually served in prison has decreased... Longer sentences are the result of changes in sentencing law involving mandatory minimums, truth in sentencing, and three strikes legislation. Over the last decade we have increased our reliance on prison as the primary method of crime control. Changes in sentencing over the last 75 years have led us to our current quandary.

Two basic assumptions about overcrowding

Assumption #1. Prison crowding causes riots, substandard medical care, and other unsafe prison conditions.Assumption #2. an overcrowded correctional institution automatically violates the constitution.

The two greatest innovations from Auburn were prison industries and huge buildings with interior cell blocks. Eventually though

Auburn became overcrowded as well, a trend we can easily see replicated in modern times. Prison industry became more difficult with overcrowding and the system failed.

The Big House 19-20th century

Big House is THE historical prison, it's what you see in all of the old movies (Shawshank for example). Hard labor and sanctioned corporal punishment were eliminated, as was the lockstep. Convicts were allowed tobacco and personal property. Marked by overcrowding, discipline, and silence, the big house offered no reform, instead, modern innovations included: the yard, the wall, the Mess hall, baseball and basketball teams, even boxing. Big Houses ended in the 1950's. At this time we knew prison was not reducing recidivism and began to look for alternatives.

Module 2

Corrections mirrors outside society. When we talk about historical punishments we have to always keep in mind the time and place the punishment occurred. Punishment is Culturally Consistent . The methods and severity of punishment will be consistent with other developments within the culture at any given time. While we would think use of the cats claw (image on left) on the quad as a form of punishment would be "crazy" today, in its appropriate time frame, it was a normal form of punishment. Early punishments were enacted as a way to both keep society running as a cohesive unit and as a way to help those in power retain their power. Punishment often relied on religious leaders and /or the family to carry out the methods. When a wrong occurred in early times, it was often up to the victim's family to seek vengeance

Transportation

Criminals were seen as menaces to the community and insults to God, therefore, they were banished to other lands. Between 400 and 2,000 per year were transported to America. This stopped in 1776 and they were then transported to Australia. Transport ships were known for poor conditions, and often less than half of those on board survived the trip. Exiled prisoners who did survive were seen as a free source of labor. They were sold as indentured servants and had to work off their sentences at their transported destination. Once transportation was abandoned, we used the old ships or Hulks as floating prisons anchored in rivers and harbors.

1980's

Determinate Sentencing. Thought to be more impartial and a greater deterrent to crime, determinate sentencing eliminates judicial discretion. Instead, fixed sentences are set by statute for each crime. Although determinate sentences can still be reduced by parole or good time statutes, the base sentence is fixed and equal. Created as a way to reduce discretion, determinate sentences in fact just shift discretion from the judge to the prosecutor. Research shows that the move to determinate sentencing was also a move to the increased use of prison as a punishing option. Adopted at the beginning of a 'get tough' era, determinate sentencing has directly impacted our prisons in the way of massive overcrowding. Additionally, when coupled with the abolishment of discretionary parole in several states, it has made overcrowding even more dire by eliminating potential release strategies.

General Critique

Deterrence assumes all human actions result from rational, conscious choices and that most criminals will be quickly caught. It believes offenders will rationally calculate the costs and benefits of a crime and take into account the chance of legal penalties. Research on deterrence has shown that nothing really seems to deter offenders from committing crimes, not even the death penalty. Most of those serving prison sentences have also served previous prison sentences, lending little credibility to deterrence. Findings on deterrence show that laws usually affect those who are already law-abiding. The threat of punishment serves to keep those who are generally law abiding away from committing criminal acts.It's hard to deter when most people don't know the exact penalties for criminal offenses. Additionally, punishment is subjective, what is punishment for one may not be punishment for another (in fact, in some cases a prison term could even increase status and/or street cred)Although we've had great advances in science, we don't know how severe the penalties need to be to accomplish deterrence. Just because it would deter me doesn't mean it would deter you!

Deterrence (general and specific)

Deterrence proposes that if the punishment is great enough, offenders will not commit crime. In addition, it is hoped that the threat of punishment will reduce the number of future crimes by influencing how people make the decision to commit a criminal offense. To work, deterrence requires punishment to be certain, swift, and severe. If sentences are too light it could encourage crime, but if they're too harsh, it could provoke anger or more crime . As only 20 percent of all recorded crimes result in arrest and only about 20% of arrestees wind up in prison, we rarely meet the certain, swift and severe requirements. Deterrence theory also proposes that after the punishment, offenders must be allowed to go back to prior positions in society without stigma or disability. There are two main forms of deterrence. General Deterrence punishes one offender in an effort to discourage others from committing crime. Makes an example of the offender. Specific Deterrence—teaches a specific offender not to do the crime again.

Gaols

Early jails or "gaols" were used to extort fines by holding people indefinitely in pretrial confinement until they gave in and paid. The Sheriff was responsible for the jail but they contracted out the jails to "keepers" to prevent escape. The keeper was paid no salary but they generated income from fees charged to inmates. Every inmate was required to pay for every service and good provided by the keeper. Fees were charged to be booked, to eat, to sleep on a mattress, to obtain a bed, and to be released (even with a judicial order). It was easy to escape from early jails so prisoners were usually shackled with iron collars which they had to pay a fee to wear. Profit was also made by selling inmate labor. Wealthy offenders could pay for the privilege of living in plush quarters within or outside the jail. If you couldn't pay for that, you were dumped together (children, adults, men and women) healthy and sick, including lepers, all lived communally. The strong preyed on the weak and rape was said to be common.

Incapacitation

Incapacitation makes it physically impossible for offenders to commit additional crimes by segregating the offender from society. In the United States, prison is really the number one example, however, some offenders commit new crimes while in prison. Examples of existing incapacitation legislation include habitual offender laws , 3 strikes laws , and life without parole. We have even found a way to further incapacitate while we incapacitate with the increased use of supermax institutions. Critics of incapacitation point to the fact that it's hard to identify which offenders will commit additional crime. We are isolating for perceived future activity. With incapacitation, there is no hope for rehabilitation, the only goal is to remove offenders and isolate them from society. The value is limited as it doesn't impact criminals that are undetected, unapprehended, and unrestrained. Additionally, it is arguable as to whether incarceration reduces criminal activity. Inmates can easily offend against other inmates, officers, and even the general public while incarcerated. Look at this recent news story about an inmate run tax scam!

Indeterminate Sentencing

Indeterminate sentencing is the legal philosophy that the the goal of sentencing is community protection. Sentence length is a product of behavioral change, not standard time. This sentencing model places discretion in the hands of the parole authorities, the amount of time served is not set at sentencing, but is instead determined by some other body, most commonly a parole board or in some cases even institutional staff. This type of sentencing was used predominantly after WWII, prisons were considered "correctional" institutions, and as thus charged with correcting behavior. The judge could set a minimum and/or maximum sentence, but it was up to correctional authorities to determine the actual time served. An inmate would only be released from jail when their behavior had changed sufficiently enough so as they no longer posed a threat to the outside community.

Critique the incapacitation

It's difficult to identify which offenders would be committing new crimes on the street. Incapacitation requires society to impose sanctions for behaviors that have not occurred. Additionally, it often alienates offenders further from mainstream society making reintegration more difficult. Research also shows that incarceration increases dissatisfaction with authority figures and can increase aggressive tendencies. Additionally, incapacitation does not affect all segments of the population in a representative manner! The social costs are often overlooked. The increase in incarceration is clustered in social and geographic space. Certain neighborhoods are affected drastically while some are not affected at all. Ramifications include removal (often permanent) from the local labor force, reduction in marriage, reduction in money brought into highly incarcerated communities, and the disruption of families.

Critiques

It's difficult to reverse years of behavior with one small class. Additionally, no single program can work for all offenders all the time. This makes it difficult to sustain as there will be failure. Also, rehabilitation is EXPENSIVE, we often can't pay for proper administration and design of rehab programs. Additionally, there is widespread disagreement on what is considered "rehabilitation". Watch a short clip on a prison rehabilitation program in oregon.

As a living legacy

John Howard Associations still operate in most states, including Illinois. Anyone can join, check it out!

Truth in Sentencing

Laws implemented to severely limit the amount of good time that can be awarded are known as truth in sentencing laws. Most commonly they require offenders to serve at least 85% of their full sentence prior to release. Meant to be a deterrent to crime, truth in sentencing laws are also promoted as a way to protect the rights of victims and the general public. Crime victims can be assured that the offender will serve a large majority of the imposed sentence under these guidelines.

psychological

Living in an isolated & typically neg. Environment often wreaks on mental health

1990's

Mandatory Sentencing. A legal structure with aims to limit judicial discretion, mandatory sentencing laws require judges to impose fixed periods of incarceration for offenders convicted of certain crimes. This strategy severely restricts judges' discretion in sentencing and moves discretionary authority to the prosecutor. In the 1980s to early 1990s every single state adopted some form of mandatory sentencing, most commonly for drug and firearm offenses. Coming under fire for years, there are many examples of the unintended effects of mandatory sentencing. . Read about a recent case. Check out some cases highlighted by the group families against mandatory minimums.

Debtors prisons

One of the first uses of imprisonment as we know it today was for debtors. People who couldn't pay their bills were confined until they could. Many debtors died in prison because their families or friends couldn't pay for their release. There were no efforts by guards or others to "correct" or rehabilitate the inmates. They were controlled by the sheriff who then let private businesses manage the facilities. Debtors prisons were known for their very poor sanitary conditions. "Keepers" charged inmates for room and board, and even charged admission fees for visitors.

Presumptive Sentencing/Sentencing Guidelines

Offering graduated penalties for offenses, guidelines set a core or presumptive sentence based on the severity of the crime and also on the offender's record of prior convictions. The core sentence can be increased or decreased by the judge depending on mitigating or aggravating circumstances. All deviations from the core presumptive sentence must be written and placed on the court record by the judge. Most states that have adopted sentencing guidelines use a grid system that determines the amount of time served. Check out this example from Minnesota.

How do we define overcrowding?

Our incarcerated population easily exceeds 2 million people. Overcrowded institutions are a consequence of such large numbers. Both the state and Federal systems operate above their capacity . Capacity, however, can be defined in several ways

Massive Imprisonment binge

Our use of incarceration has shown decline -The U.S. still boasts higher correctional # than any other country -The top incarcerator

BONDAGE

Performing hard labor or bondage was a key element of early punishments when we transitioned into the imprisonment era. Idleness was thought to lead to criminal behavior, therefore, only the sick, disabled, or old were allowed to be idle, all others were to work. The galleys , public works, imprisonment with forced labor, and transportation were the main forms of bondage.

1970's

Politics ended most indeterminate sentencing schemes. Both liberals and conservatives voiced concern about the use of the indeterminate sentence. Liberals advocating offender rights contended indeterminate sentencing harmed offenders and that the system was based on coercion—2 key issues came under attack.

Major shifts in punishment

Prison emerged through changing social attitudes toward offenders family and the human body. We moved from prison and transportation to confinement to a workhouse. These changes occurred due to privatization, development of new attitudes toward the body, and the changing character of the family. Death became private, and we had a growing sensitivity to violence and an aversion to physical suffering

Apply Deterrence to Prison

Prison hasn't been found to deter, especially when it's sometimes seen as a way of life for some people, a right of passage in the inner city. Additionally, for many inmates prison time is easy time! It's a predictable and safe environment, especially when compared to life on the streets. During interviews with prisoners for a recent subculture project I conducted, I often heard, "it's not that bad, it's prisneyworld, kiddie camp, or not a "real" prison"!

Early Prisons

Prison was insignificant during the first half of the 16th century. Early institutions were primarily custodial and exclusively punishment centered. They were used as a method of controlling someone who might otherwise flee prior to being punished. The practice of imposing a term of imprisonment for a specified period of time was unknown. Guilty felons were either killed, mutilated, or sold into slavery. Prisons were used to house people before this occurred. After the person was arrested, they would wait in a prison until they were convicted and then wait again until they were killed or otherwise punished. The first known prison was the Mamertime Prison. Constructed by Ancus Martius in ancient Rome 640bc, it was a vast series of dungeons under the main sewer of Rome. In housed political dissidents and social misfits, and was also used to detain prisoners until corporal punishment was applied.

Material Possesion:

Prisoners can earn little or no income while incarcerated, they may lose their job

THE "BEAUTIFUL EXECUTION"

Public executions were very much a staged act. The convict was to behave humbly on the scaffold and show repentance. Those in power took great steps to ensure this, it was considered beautiful if the convict repented prior to being killed. In England, the clergyman wrote speeches for the condemned to read, to teach a lesson to the public, (if you disobey your parents, don't go to church, cheat on your wife, you can too be hanged). Interestingly, we have a similar practice now with our executions. We have the clergy come to death row with our offenders, make sure they don't cause a scene, prepare them for it and do everything to make it comfortable for those watching. What other elements of early history can you find in modern day punishment?

Goals of prison

Punishment:retribution Deterrence, and prevention incapacitation & isolation rehabilitation reintegration control

Rehabilitation

Rehab involves a systematic attempt to change criminal offenders. It is a process of socializing offenders into alternative, noncriminal social roles. There are three basic changes that must occur in a successful rehabilitation program. First, we must change the way in which offenders respond to cues in their environment. Second we must change their motivations for offending. Third, we have to change problem behaviors/deviant lifestyles.

Consequences of the Imprisonment Growth

Removes large numbers of people from their communities

Apply Retribution to Prison

Sometimes labeled the Penal Harm Movement , it becomes a question of whether we should try to make our prisons a safe and secure place, or if we should turn a blind eye to create a more punishing experience. Penal harm is the belief that inmates should endure additional pain and suffering during incarceration.

Three-strikes laws

Statutes enacted by state government to impose harsher sentences on those convicted of three or more serious offenses, three strikes legislation enacted heavy punishment with sentences from 25 years to life in prison. Although it began in California, many other states adopted the legislation. Known to have significantly increased prison sentences and prison populations, these statutes are a major factor in get tough sentencing and prison overcrowding. Three strikes have come under fire nationally, after California voters spoke out against the statutes,

Sentence-enhancement statutes

The 1990s brought a plethora of get tough sentencing statutes that authorized judges to impose longer sentences or to remove the possibility of parole for chronic offenders.

Walnut Street Jail

The earliest attempt in America to operate a state prison for felons, the Walnut Street Jail is hailed as the first true correctional institution in America. As the first institution designed for reform, it was used to make the offender penitent. It boasted innovations of bail, as well as free food and lodging. It was built in a panoptican design. Check out this great article about the Walnut Street Jail.

The Reformatory

The first reformatory was in Elmira, where Zebulon Brockway was superintendent. Used for 16-30yr olds serving their first term in prison, the emphasis was on reforming youth, increasing academic education and bettering vocational skills. Reformatories used an indeterminate sentencing system based on marks that could be earned to lead to parole. Military organization and discipline was used to govern prisoners who were classified according to behavior and achievements, regular exercise, vocational training and education. The hope was to reform the offender for eventual release. The reformatory movement as a whole had problems due to unqualified staff and massive overcrowding due to netwidening

Punishment

The oldest and most commonly accepted approach to crime -inflicting a penalty by causing someone pain

THE SCAFFOLD

The scaffold was the most forceful means of exerting social control. Staged in the public square, a theater of physical punishment was created for the masses to watch. Audience interaction played a role in the punishment process, providing a way to bolster the power of those in authority. The prosecutor determined the number of lashes on the spot, often based on audience reaction. Public punishment was conducted in a "party-like" atmosphere. Familles would come to watch and participate in the spectacle. As the ultimate deterrent, they would use the executed bodies as warnings to the living, by leaving them on the scaffold for extended periods of time.The crowd, usually made up of lower-class citizens, many times felt favorable towards the offender. The Scaffold began to fall out of favor when the crowd began to take a defiant attitude, onlookers cheered the convicts and even offered them drinks. This lead to public order problems.

John Howard

The sheriff of Bedfordshire, John Howard was a former prisoner who later examined prisons in other countries and worked for prison reform based on his travels. Howard supported segregation of prisoners by age, sex, and severity of offense, as well as cells for prisoners instead of one communal living ground. He called for salaried staff so there'd be no extortion of prisoners. He also believed prisons should have chaplains and medical officers on site, as well as the abolition of liquor for prisoners, and the provision of adequate clothing to ensure good health. Through his work, he was able to secure major prison reform through the 1779 Penitentiary Act, which included the following four principles of reform.

Physical body:

They're under the control and very little freedom exists. Incarceration can result in actual physical harm from attacks by CO's or inmates

The Competition

Ultimately, the Auburn system was the model that states adopted due to the economic advantages that were quickly realized. In addition, the political climate of the time favored an emphasis on separation, obedience, labor, and silence since sentiments toward crime and criminals were less forgiving during this era. Maintaining a daily routine of hard work was the key to reform. Idleness, according to many advocates of this more stern system, provided convicts with time to teach one another how to commit future crimes. Auburn's commitment to keep convicts busy so that they did not have the time or energy to dwell on the commission of criminal activity made them the clear winner.

Plantation Prison

Used mainly for minorities and women (considered throw away populations anyway). Plantation prisons were run by a theory of "no-cost" brutality. Prisoners were considered an able workforce--one we didn't care about--so we would literally work them to death, with no negative side effects. Humane treatment took a backseat to the profit that could be made. Plantation work, railroad construction, chain gangs, public works, and many other manual labor jobs were accomplished by the incarcerated population in the south. Eventually, this transitioned into agricultural prisons, where prison owned farms used prison labor for picking, weeding, and harvesting--all for state profit. Most prison farms were phased out in the early 1970's, however, some, like Angola, still exist

Overcrowded Institutions

We incarcerate more than any other country. Our incarceration rate typically tops 700/100,000. Prisons that are the most overcrowded are those close to big urban cities. Even within the US there are certain areas that incarcerate more. The South has had higher rates of imprisonment both historically and today. Check out some of the regional differences and gender differences in incarceration rates! The United States loves incarceration. Over the last 30 years we have supported legislation to expand incarceration and support prison expansion while disregarding the consequences. Construction and maintenance costs, massive overcrowding, social costs of incarceration, and the impact of over-incarceration on other components of the system are rarely discussed in conjunction with calls for increased incarceration.

Pennsylvania System

When completed in 1836, Eastern State was the most expensive building in America. It was visited by sightseers and dignitaries from all over the world. Labeled the separate system or the segregate system due to it's enforced solitary confinement without labor, every prisoner had their own solitary confinement cell allowing little to no interaction with anyone (staff or other inmates). Boasting a radial or panoptican design, officers could easily view every cellblock from the center. Every prisoner was assigned a number and taken to his cell with a large hood over his head. All inmates had to be hooded whenever they were out of their cells so they couldn't see any other inmates. A strong regimen of silence and penitence was used to prevent cross-infection and encourage improved behavior. The goal of separation was meant to give more consideration to inmates individual needs, and more opportunity for meditation and penitence. Cells had no work, no reading, no visitors, no talking, whistling, or singing. Offenders could reflect on their crimes all day and repent so they could rejoin humanity in the future. Eventually, this system of management led to severe mental illness, and inmates were later allowed to work 8-10 hour days alone in their cells. Punishment commonly involved missing meals, being chained up in the cell, or being denied a blanket in the winter. Two more innovative punishments were the Shower Bath and the Iron Gag . Eventually, the expense of large solitary cells was too much, plus they couldn't make much money on individual handicrafts, so the system failed. When double and triple bunking occurred due to overcrowding, the system of silence was retired. Eastern State is still open to the public for tours. I went last year and if you're ever in the area I'd highly recommend it! Check out their website and 3D tour. Finally, watch this short, and strangely narrated documentary about Eastern State.

2000s

Where are we now? Currently criminal sentencing has entered a Reactive Mode. Massive prison overcrowding reducing has led to reduced sentences and early releases--many times under court mandate! Three main areas of sentencing change have emerged in the last decade. First, many states have redefined or reclassified criminal offenses in order to reduce severity and length of sentence. Second, many states have explored alternatives to incarceration with increasing reliance on community supervision, specialty courts, and substance abuse treatment. Finally, states have reduced prison terms through changes in mandatory minimums and sentence completion strategies. Skim over this report on modern sentencing.

Apply Rehabilitation to Prison

Why don't we have rehabilitation as the charter/main goal of our prisons? Many institutions have even removed it from their mission statement in recent years!

Bridewell/Workhouse

Workhouses were common in England in the 1500s. They were used to house undesirables, (criminals, beggars, insane) and designed to train prisoners to acquire special skills that were needed in private industry. A heavy focus on improvement of social skills and moral habits was combined with vocational training. Workhouses were often run by a married couple and treated as a large household. The keepers were tasked with keeping inmates busy, providing them with food, and ensuring internal order. Workhouses required a minimum output from each inmate in their vocation, if they exceed their output, then receive a small amount of money. Inmates could be put in imprisoned in workhouses by relatives who couldn't cope with them. It was often used as a tool of private discipline. If you were wealthy, could pay to put your relatives there and they wouldn't even have to work. Check out a day in the life of a workhouse inmate.

Arguments against truth in sentencing include the fact that it contributes to higher prison costs and overcrowding

and that it removes any incentive for good behavior in prisons, which can lead to behavioral problems in the prison system. When people are not being released early for good behavior, they may not be inclined to behave well, especially in a crowded prison.

The oldest and most commonly accepted approach to crime

as inflicting a penalty for wrongdoing by deliberately causing someone to experience pain.

three main elements: retribution, deterrence, and incapacitation

based on a belief that punishment benefits overall society by providing a clear definition of right and wrong as well as a warning to those who might be thinking about crime commission. It both prevents and punishes in the hopes that the punishment is severe enough to outweigh any advantage or gain the offender might get from the crime. It also is meant to satisfy the victim by inflicting a commensurate penalty. To be successful, punishment must not only fit the crime, but be severe enough to outweigh any advantage or gain from criminal activity.

Not only does incarceration remove crime

but removes all of the everyday activities the offender participated in. The offender doesn't live in a vacuum, they will no longer buy food from the local market, they will no longer use public transportation, they will no longer invest money or time in their community. Instead, they will spend that money inside the institution.

To review

early history is marked by three major punishment shifts 1. From body (harsh physical punishments) to mind (dominance of prison)

Common critiques

even to the point of leading to further crime, additional, our current implementation strategies make punishment very costly.

Punishment can only deter if it is feared. If most people you know have been to prison

if it's a common experience, not necessarily a feared one

Goals of Punishment

include preventing future crimes and punishing past

Rated capacity

is the number of beds or inmates assigned by a rating official to institutions within the jurisdiction;

operational capacity

is the number of inmates that can be accommodated based on a facility's staff, existing programs, and services

design capacity

is the number of inmates that planners or architects intended for the facility.

Most offenders come from poor neighborhoods. When we remove great numbers of people from one area

it affects local businesses. Instead, money now goes to the prosecutors and prisons who are not in poor communities.

The incarceration of large numbers of offenders (especially drug offenders) may result in recruiting ever younger replacements. They will then have a longer

likely more violent criminal career then their predecessors.

Indeterminate sentencing is fairly controversial as it could lead to an individual being released after only a short period of time

or it could theoretically cause an individual to spend the remainder of his or her natural life behind bars if they are unable to provide evidence of a change in their behavior. If implemented properly, indeterminate sentencing systems can greatly reduce recidivism as offenders are only released when officials are convinced that there is no or minimal risk of the person committing a criminal offense.

General Philosophy (control)

prisons seek to contro all aspects of offender

Belief:

punishment benefits overall society by providing a clear definition of right and wrong as well as a warning to those who might be thinking about crime comission

Retribution

retribution involves inflicting pain on the offender that is equal to, or slightly greater than, the harm that has been done to the victim. Retribution requires the state to make the offender suffer for the sake of suffering, if our goal is retribution, we don't care if the offender is "treated" or "fixed", just that they suffer. There is rarely widespread agreement as to the appropriate level of punishment for specific crimes

Three Elements

retribution, deterrence & incapacitation

In this sentencing scheme

the judge sets a maximum term of incarceration, but no minimum term is given. The ultimate decision to release offenders was given to the paroling authority. This approach reflects the move towards rehabilitation as a correctional goal, but reduces the coercive nature of the true indeterminate sentence by setting a maxium period of confinement. Under this structure, release decisions were individualized and tailored to the specific offender's progress within the institution. An offender was released when they were "fixed" or "cured".

the Classical School (rational choice)

the punishment ideal assumes that criminals are fully aware of what they are doing and have the ability to control their actions, so therefore deserve to be punished

We incarcerate because we believe that prison prevents crime through incapacitation. An alternative theory

the replacement theory, puts forth the idea that prison doesn't prevent crime, it just displaces crime onto a different set of people. It's a simple theory of supply and demand, there will always be someone else to step up to the plate and do it better.

Social and monetary costs. Prisons are expensive! Our taxes pay for increased growth and failure. In addition to removal of community members and their productive ability

we also pay for them to be removed.