EVERYTHING YOU SHOULD KNOW FOR THE FINAL EXAM FOR INTRO TO CORRECTIONS LEJ 104 in Revel Pearson
Chapter 13 Quiz
1/20- Which of the following best defines the concept of parens patriae? The state is the ultimate parent of all minors and therefore has final responsibility for its younger citizens. Correct. This is a true element of the parens patriae philosophy.
Chapter 10 Quiz:
1/20- Which of the following refers to the process of release preparation that begins within the institution and continues in the community? Reentry Correct. Reentry is a process of release preparation that begins within the institution and continues in the community.
Fourteenth Amendment
has significant importance to the concept of individual rights.
Chapter 14 Quiz:
1/20- Who among the following offenders is enrolled in the most beneficial program compared to its cost? Alan, who is under community supervision and is enrolled in a GED (General Education Development program) Correct. Education is one of the most cost effective programs as it reduces recidivism.
Chapter 9.3 Check Your Understanding Question
1. Elizabeth, an inmate, has debilitating migraine headaches that prevent her from going out in daylight and can make her extremely physically ill. She was recently moved to a different prison and the staff physician has purposely ignored orders to obtain Elizabeth's medication because it is expensive and will cut into the budget. Under what Supreme Court case can Elizabeth sue the Department of Corrections? You correctly answered:Estelle v. Gamble. Rhodes v. Chapman Press enter after select an option to check the answerJohnson v. AveryPress enter after select an option to check the answerKatz v. USPress enter after select an option to check the answerEstelle v. GambleCorrect!Correct. This case allowed inmates to sue based on deliberate indifference to medical care.
Chapter 11.2: Quiz 11.2: A Sampling of Prisoners Rights Issues
1/3- Possibly the most basic right for prisoners is ________. access to the courts Correct. Possibly the most basic right for prisoners is access to the courts.
Chapter 13.6 Quiz: Residential Based Responses To Juvenile Offenders
1/1- Wallace, a 15-year-old, was a first-time juvenile offender. He was sent to a residential correctional facility where he would live and study until he was 18. If the residential facility is based on the Missouri Model, Wallace will ________. wear his own clothes instead of a uniform Correct. Wallace will be able to wear his own clothes instead of a uniform.
Chapter 13.7: Quiz 13.7: Issues Confronting Juvenile Corrections
1/1- Maria was institutionalized for attacking her boyfriend with a pair of scissors. He had multiple wounds on his body and had to be hospitalized. Maria was sentenced to four years in a correctional facility. With reference to gender-specific programs for adolescent girls, which of the following will Maria most likely experience? She will be educated about women's health and female development. Correct. Gender-specific programs educate girls about women's health and female development.
Chapter 10.1 Quiz: The Reentry Process
1/2 Which of the following is true of prisoners who return to the community? Correct. State corrections departments form partnerships with social services, mental health services, economic development services, health and senior services, and court administrators.
Chapter 13.3: Quiz 13.3: Juvenile Offenders In Juvenile Court
1/2- In cases where institutional commitment is possible for juveniles, the Gault decision allotted certain rights to juveniles. Which of the following was one of them? The right to fair notice of the charges to prepare a defense Correct. The Gault decision gave juveniles the right to a fair notice of the charges to allow sufficient time to prepare a defense.
Chapter 13.2: Quiz 13.2: Processing Juvenile Offenders Reading
1/2- Ann, Julien, Heidi, and Morgan were a group of 14-year-old friends who met once a week to play games or watch movies. One weekend, they each decided to do something "exciting." Ann smoked a cigarette, Julien had a glass of scotch from his father's bar cabinet, Morgan skipped school for the day, and Heidi stole her neighbor's bicycle. Who among the four committed a delinquency offense? Heidi Correct. Heidi committed a delinquency offense. A delinquency offense is an act that would be criminal had it been done by an adult.
Chapter 13.1: Quiz !3.1: Development and Operation of the Juvenile Justice System
1/2- Cook County in Chicago, Illinois was where the first ________. the juvenile court was established Correct. A separate system of juvenile justice did not appear in the United States until 1899 when the first juvenile court was established in Cook County (Chicago).
Chapter 11.4: Quiz 11.4: Civil Disabilities and Other Postconviction Sanctions
1/2- When convicted offenders forfeit all rights and privileges of citizenship, including things such as the right to enter into a contract or the right to sue, it is known as ________. civil death Correct.
Chapter 11.5 Quiz: Restoring Civil Rights Following a Conviction
1/2- Which of the following is a characteristic of judicial expungement? An expungement seals the criminal record or destroys it so that it is inaccessible to the public. Correct.
Chapter 12.3: Characteristics of Death-Row Prisoners
1/2- Which of the following is a characteristic of people on death row? There is a high rate of prejudicial error while giving people a death sentence. Correct. The overall rate of prejudicial error in death sentences is around 68 percent, which is quite high.
Chapter 13.4: Quiz 13.4: Juvenile Offenders in Adult Court
1/2- Which of the following is a disadvantage of transferring juveniles to adult court? Juveniles have a higher probability of recidivating if convicted of a violent offense in criminal court rather than a juvenile court. Correct.
Chapter 13.5: Quiz 13.5: Community-Based Responses to Juvenile Offenders
1/2- Which of the following is a similarity between Functional Family Therapy (FFT) and Multisystemic Therapy (MST)? Both aim at improving ties between offenders and their parents. Correct.
Chapter 12.5: Quiz 12.5: Public Opinion and the Death Penalty
1/2- Which of the following is true of the public knowledge and support of the death penalty? People may reduce their support for the penalty if they are educated about it. Correct. Educating the public can reduce support for capital punishment.
Quiz 11.3: Limiting Inmate Litigation
1/2- Which of the following was a negative consequence of the passage of the Prison Litigation Reform Act (PLRA)? Cases concerning rape, assault, and religious rights violation were unable to get filed in federal court. Correct.
Chapter 12,4: Quiz 12.4: Arguments for and Against Capital Punishment
1/2- ________ has been instrumental in DNA exonerations of persons who had served time on death row and is actively involved in reforming the criminal justice system to prevent future injustices. The Innocence Project Correct. The Innocence Project is an organization instrumental in securing DNA exonerations of persons who have served time on death row.
Chapter 11 Quiz
1/20- According to the ________, prisoners had only those rights specifically granted by statute or by policy. hands-off doctrine Correct.
Chapter 12 Quiz
1/20- In the period from 1930 to 1976 executions were typically for murder, with African-Americans accounting for about half of those executions. About 12 percent of the executions during that period were for rape. African-Americans made up what percentage of the executions for rape? 90 percent Correct. African-Americans made up 90 percentage of the executions for rape.
Intro To Criminal Justice Chapter 8 Quiz
1/20- Isaac was convicted of corporate fraud and sentenced to five years of imprisonment. He was the operational head of his organization and believed that he had been framed by others in his department. Isaac has pinned his hopes on an appeal hearing or, at the very least, an early release. To increase his chances of release, Isaac avoids following mainstream prison norms and is always well behaved. He has also volunteered his time to teach programs and is a diligent worker. In this scenario, Isaac can be best categorized as a ________ in the prisoner hierarchy. Snitch Fish Square Correct. Isaac is a square. Squares are inmates who oppose mainstream prison culture by being well behaved and who take advantage of every self-improvement program they can to keep themselves busy. Punk
Quiz 11.1: The Sources of Prisoners' Rights
1/3- Which of the following is a characteristic of the Fourteenth Amendment to the U.S. Constitution? It incorporates that the provisions of the Bill of Rights be applied in all states. Correct. The Fourteenth Amendment incorporates the application of the provisions of the Bill of Rights in all states.
Intro To Criminal Justice LEJ 104 Chapter 8.4 Sexual Assault and Rape Quiz 8.4
1/3- Which of the following is an example of deliberate indifference? Nina was certain that other inmates were plotting against her for snitching on them; she informed the correctional officer of her fears but was ignored. She was raped later that night. Correct. This is an example of deliberate indifference. Prison officials have a duty under the Eighth Amendment to keep prisoners safe from violence by other prisoners. Deliberate indifference is when officers know about a situation and don't take action to prevent it. Grant was a correctional officer. He feels that one of his prisoners was unjustly sentenced, but he still did not take any action. Laura was falsely charged with violent physical assault; she pleaded not guilty in court but was sentenced to three years in prison. Patrick was approached by Jaden, a gang leader, multiple times to join his gang but he always refused. One night, Jaden and his gang members assaulted Patrick, who begged them to stop. Jaden ignored his pleas.
Intro To Criminal Justice LEJ 104 Chapter 8.2 Prisoner Job Assignments
1/3- Which of the following is true of Prison Industries Enhancement (PIE) programs? Inmates cannot displace private-sector workers. Correct. According to government requirements of PIE programs, inmates must not displace private-sector workers. Incorrect AnswerInmates are not permitted to use their wages to pay for expenses such as child support.Incorrect. According to government requirements of PIE programs, between 5 and 20 percent of inmate wages goes to pay court fines, victim restitution, or child support.Inmates are given significantly lesser pay than private-sector employees.Inmates who do not volunteer are often ordered to perform these jobs.
Chapter 12.2: Quiz 12.2: Capital Punishment and The Law
1/3- Which of the following is true of the Furman decision? The Court's ruling was against the way capital punishment was being imposed. Correct. In the Furman decision, the Court's ruling was not against capital punishment itself; it was against the way it was being imposed.
Chapter 12.1: Capital Punishment Today and Yesterday Reading
1/3- Which of the following is true of the history of capital punishment in the United States? The first recorded execution was in the year 1608. Correct. The first recorded execution in the colonies was in 1608 in the Jamestown Colony of Virginia.
Intro To Criminal Justice LEJ 104 Quiz 8.3: Collective Behavior
1/3- Who among the following is most likely to be a member of a prison gang? Hayden, who hates wearing his orange overalls and always has his sleeves rolled up high enough to reveal his skull tattoo. Correct. Wearing the uniform in a certain way, tattoos, and extra clothing are all gang identifiers. Hayden's physical appearance is indicative of someone who belongs to a gang. Incorrect AnswerSean, who has recently joined the church choir and enjoys spending his free time with other choir members.Incorrect. This is an example of a crew and not a gang.Kaleb, who has an outgoing personality and is often seen playing sports and socializing with other prisoners.Emmett, who is taking part in an educational program and also helps other inmates with their coursework.
Chapter 10.3: Communication Corrections in Reentry Quiz
1/4- A ________ is a minimum-security prison-based or community-based facility that houses either prisoners who have not yet been granted parole or prisoners who have met with the parole board and been promised a future parole date. Prerelease center Correct.
Chapter 9.2: Quiz 9.2:
1/4- Lily is convicted of insider trading in her organization and is sentenced to four years in prison. Lilly has two children with her boyfriend, Frank —a four-year-old daughter and a seven-year-old son. Given the statistics regarding the living arrangements of children of incarcerated mothers, who among the following will be most likely to take care of the children during Lily's imprisonment? Lily's parents Correct. Maternal grandparents are most likely (44.9 percent) to take care of the children when the mother is incarcerated.
Chapter 10.2: Quiz 10.2: Education and Vocational Skills in Reentry Preparation
1/4- Which of the following is true of college programs in prison? Correct. In the 1960s, federal grants provided assistance for tuition to low-income individuals, including inmates. These benefits provided the impetus for college programs in prison.
Intro To Criminal Justice LEJ 104 Chapter 9.1 Quiz Treatment Programs In Prison
1/4- Which of the following is true of in-prison treatment programs? The success of these programs depends on the offender's acceptance of the cause of failure. Correct. The key in the treatment process is for the offender to admit how thinking errors resulted in failure to accept responsibility, dysfunctional habits, addictions, and criminal behaviors.
Chapter 9.3: Quiz 9.3: Health Care And Medical Issues
1/4- Which of the following is true of the medical treatment of prisoners? Most states charge a medical co-payment from prisoners for infirmary visits. Correct. Nearly 40 states deduct $20.00 for each infirmary visit, or a copayment is deducted annually to curb the rising health care costs.
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy
1/6- Aaron was part of an initiative that made a series of recommendations to develop a rational crime control policy that wasn't driven by politics, union control, and/or emotional reactions to terrible tragedies. These recommendations included: 1) decentralization which allowed prosecutors to create their own agendas for identifying crime problems and needs unique to their area; 2) reducing federal prison sentence lengths for drug offenders with no ties to gangs or other large-scale criminal organizations; 3) offering alternatives to prison for nonthreatening federal offenders; 4) increase eligibility to inmates seeking a compassionate release. Which initiative was Aaron a part of? The "Smart on Crime" initiative Correct.
Chapter 14.1: Quiz 14.1: What Works in Corrections
1/6- The most effective type of treatment for offenders is the ________. cognitive behavioral approach Correct. The most effective type of treatment for offenders is the cognitive behavioral approach, which involves changing thinking patterns and habits that lead to criminal behavior.
Chapter 10 Quiz:
10/20- Christie will be released on parole next month and she has a job interview tomorrow in a town eight hours from the prison. She will have to stay overnight before returning to prison. Which of the following will be most useful in getting Christie to her interview? a furlough Correct. A furlough is an authorized temporary overnight leave of absence from 24 to 72 hours. Acceptable reasons for a furlough include seeking post release employment or housing, attending funerals, or simply establishing community contacts and maintaining family ties.
Chapter 13 Quiz
10/20- Gary was addicted to drugs at the age of 17. He often stole money from his parents to buy crack cocaine from a vendor. When his parents confronted him, Gary got angry and started arguing with them. The argument escalated and Gary attacked his parents with a weapon, resulting in his mother's death. He was sentenced to 15 years in prison—he would be imprisoned in a juvenile facility until he turned 18, after which he was to be transferred to a federal prison. Gary's sentence is an example of ________. graduated incarceration Correct. Gary's sentence is an example of graduated incarceration. Graduated incarceration is when juveniles are sentenced as adults but imprisoned in juvenile or separate adult correctional facilities until they reach a certain age.
Chapter 11 Quiz
10/20- The Prison Litigation Reform Act (PLRA) became law in 1996 in an attempt to reduce frivolous lawsuits by prisoners. Which of the following most accurately reflects the results of current research regarding the PLRA? The PLRA has succeeded in both reducing the volume of prisoner litigation and in encouraging the filing of only the more meritorious cases. Correct. The Prison Litigation Reform Act's three provisions have had an impact on the volume and trend of Section 1983 lawsuits, weeding out the more frivolous cases.
Chapter 12 Quiz
10/20- The __________ required the death penalty upon conviction of specific crimes, whereas the __________ statutes required juries to impose capital punishment only after considering both aggravating and mitigating circumstances. mandatory laws / guided discretion Correct. The mandatory laws tried to eliminate discretion in capital sentencing by requiring the death penalty upon conviction of specific crimes, whereas the guided discretion statutes required juries to impose capital punishment only after considering both aggravating and mitigating circumstances.
Intro To Criminal Justice Chapter 8 Quiz
10/20- The prison bartering system based on negotiation and exchange of goods and services between prisoners without the use of cash is called the _______. hidden marketplace under-the-table economy secret market sub-rosa economy Correct. Every jail and prison has a bartering system of reciprocity based on negotiation and exchange of goods and services between prisoners without the use of cash. The illicit, underground economy is forbidden, and is known as the sub-rosa economy. 1 attempt used
Chapter 14 Quiz:
10/20- Which of the following factors is likely to contribute to an unsuccessful community supervision outcome for an offender? The offender is under the age of 30 Correct. The factor likely to contribute to the unsuccessful supervision of an offender in the community is if the offender's age, specifically if he/she is under age 30.
Chapter 14 Quiz:
11/20- A state prison in Ohio wants to begin a Justice Reinvestment project to utilize its funds in the best possible way. Which of the following is an example of such a project? An initiative that seeks to incarcerate only those criminals who actually need it Correct. A Justice Reinvestment project includes diverting people from the prison system by imprisoning only those who actually require it.
Chapter 12 Quiz
11/20- Bifurcated trials are required in capital cases. What does this mean? Death penalty trials must have two stages, with the first being used to determine guilt and the second stage to decide the sentence. Correct. A bifurcated trial is a requirement that death penalty cases have two stages, with the first stage being the traditional trial to determine guilt and a second stage to decide the sentence—death or life imprisonment.
Intro To Criminal Justice Chapter 8 Quiz
11/20- Today, prison gangs are typically called: Cell Clubs Security threat groups Correct. Prison gangs are also known as security threats groups (STGs) because their objectives are predatory and their presence poses a threat to the security and safety of staff and inmates. Protection cliques Convict crews
Chapter 10 Quiz:
11/20- Which of the following incorporates the principles of restorative justice by involving community members and treatment providers in the reentry process? Community reparation boards Correct. Community members and treatment providers are involved in offender reentry through community reparation boards, and this process is particularly valuable for offenders.
Chapter 13 Quiz
11/20- Which of the following is an example of Multisystemic Therapy (MST)? Suzie attends a corrective program with her parents and teachers to help her with her substance abuse problem. Correct. MST views the individual as part of a complex network that includes family, peers, school, and neighborhood. Parents learn to address problems through collaboration with a social support network that might include other family members, teachers, or other adults supervising the youths.
Chapter 11 Quiz
11/20- Which of the following is an example of an invisible punishment? Stella was unable to receive a student loan due to the felony drug conviction she received during her freshman year in college. Correct. This is an example of invisible punishment for the offender. Invisible punishments are sanctions operating mostly beyond public view, yet having very serious adverse consequences for the individuals affected. Examples of invisible punishments include being deprived of welfare benefits, public housing, and student loans.
Chapter 12 Quiz
12/20- In 1988 the U.S. Supreme Court ruled (Thompson v. Oklahoma) that people aged 15 or younger when they committed their crime may not be sentenced to death. Which of the following statements is true today? Today, people aged 17 or younger when they committed the crime may not be sentenced to death. Correct. As a ruling of Roper v. Simmons, people aged 17 or younger when they committed a crime may not be sentenced to death.
Chapter 10 Quiz:
12/20- In the 1970s, parole came under attack on the grounds that ________. parole boards had too much discretion over a prisoner's release date.
Intro To Criminal Justice Chapter 8 Quiz
12/20- One of the most widely documented aspects of the social structure of women's prisons is a _________. "clique environment" linked to one's hometown network of social relationships based on sexual attraction fabricated kinship network with an inmate taking the mother role at the center Correct. One of the most widely documented aspects of the social structure of women's prisons is fabricated kinship network that has been pseudo families make-believe families, or prison families. gang environment with membership based on race or ethnicity
Chapter 13 Quiz
12/20- Research suggests that the most successful community-based treatment programs for juvenile offenders emphasize which of the following issues? Family interactions Correct. Greenwood explains that the most successful programs are those emphasizing family interactions—possibly because they include the providing of skills to the adults who supervise and train the child.
Chapter 14 Quiz:
12/20- Two prison facilities, one in Nebraska and the other in Texas, differ in some of the ways in which they handle their prisoners. The members of the Nebraskan prison's staff are more considerate toward the prisoners and have never used force when dealing with them. The members of the Texan prison's staff, on the other hand, have been reported several times for sexual and physical assault of the inmates. According to the performance-based measures system, the two facilities differ on which parameter? Institutional safety Correct. Sexual misconduct by the staff or use of force are performance standards that are used to measure institutional safety.
Chapter 11 Quiz
12/20- Which of the following is one of the current goals of the Sex Offender Registration and Notification Act (SORNA)? Enforcing the requirement of sex offenders to make periodic in-person appearances. Correct. SORNA's goal is to strengthen the nationwide network of sex offender registration and notification programs by requiring sex offenders to make periodic in-person appearances to verify and update their registration information.
Chapter 13.2: Processing Juvenile Offenders Reading
13.2 Explain the age limits and types of offenses handled in the juvenile justice system. The ways in which juvenile offenders are processed through the juvenile justice system are different enough from the ways adults are processed in the criminal court system that they are not possible to elaborate in detail here; but you can see the stages involved from the case flowchart in Figure 13-1. However, it is necessary to give brief attention to the process so that we can understand to whom this system applies and the reasons for which juvenile offenders can be processed. Figure 13-1 Case Flow Through the Juvenile Justice System. Source: Case Flow Diagram from the Statistical Briefing Book. Published by U.S Department of Justice. Figure 13-1 Full Alternative Text Description Age Limits: Who Are the Juveniles? Determining who will be processed in the juvenile justice system rather than the adult criminal justice system is not as easily accomplished as one might suppose. Figure 13-2 shows the oldest age at which a state's juvenile court can have jurisdiction over the juvenile. But even the map is a bit deceiving because many states have higher ages of juvenile court jurisdiction in such matters as abuse or neglect. For example, a young person identified by the juvenile court as having been neglected by his or her parents could be under the court's jurisdiction through age 20. In addition, many states exclude married or otherwise emancipated juveniles from juvenile court jurisdiction.
Chapter 10 Quiz:
13/20- Anthony was incarcerated in a federal prison, awaiting execution for a double homicide. During the three weeks that he was imprisoned before the execution, Anthony witnessed a prison riot cause by a security threat group (STG). Members of the STG had surrounded four correctional officers and violently assaulted them. Anthony managed to save the lives of two officers and sound the alarm for help. Anthony's assistance in protecting the officers earned him a commuted sentence from death row to life without parole. Who among the following had the authority to do this? The president of the United States Correct. Federal prisoners are commuted by the president of the United States.
Chapter 11 Quiz
13/20- Luke was sentenced to eight years in a Florida state prison for manslaughter after he killed a pedestrian in a hit-and-run. Luke was driving under the influence of alcohol. Which of the following invisible punishments will affect Luke after his release? Civil disenfranchisement Correct. Luke will be affected by civil disenfranchisement. Civil disenfranchisement is the loss of the right to vote.
Chapter 12 Quiz
13/20- Since 1976, most (56 percent) of the persons executed were: White Correct. Since 1976, most (56 percent) of the persons executed were White.
Intro To Criminal Justice Chapter 8 Quiz
13/20- The highest rate of sexual victimization observed in penitentiaries is about ________. 10 percent 55 percent 20 percent Correct. At some units around the country, rates of sexual victimization ranged from less than 1 percent to a high of nearly 20 percent. 35 percent
Chapter 14 Quiz:
13/20- Which of the following prisoner-related costs is most expensive? Health care Correct. The entire criminal justice system (police, courts, and corrections combined) comprised about 8% of all state and local government spending, which was about the same amount spent on health care and hospitals (Kyckelhahn, 2013). The corrections system alone represented about 1.6% of local government and between 1.9 and 3.3% of state government spending.
Chapter 13 Quiz
13/20- Which treatment type has both family and community-based aspects? Multisystemic Therapy Correct. An effective family-based program for serious juvenile offenders that views the individual as part of a complex network that includes his or her family, peers, school, and neighborhood.
Intro To Criminal Justice Chapter 8 Quiz
14/20- According to the history of correctional violence, which of the following is true of prison riots? Riots in the 1970s and 1980s were more organized and destructive than they are today. Correct. The Attica, New York riot in 1971 and the Santa Fe riot in 1980 were two of the worst in the history of prison riots. They resulted in major loss of life and property. A triggering event does not start a riot, but it is always the cause. Banging on cell doors, setting fire to property, and cell extraction problems are examples of typical riots. Most prison riots are caused by confrontations with correctional staff.
Chapter 12 Quiz
14/20- The state of ________ has the greatest number of prisoners under a death sentence. California Correct. California, with more than 700, has the greatest number of prisoners under a death sentence.
Chapter 11 Quiz
14/20- Theodore was released after seven years in prison. However, his freedom came at a cost. He was required to register in a community and his whereabouts were made accessible to the public. Moreover, he was evicted from the locality in which he resided earlier. Now, he could live only on the outskirts of the city. From these collateral consequences of Theodore's crime, it can be concluded that he was a ________. sex offender Correct. Theodore was a sex offender. Collateral consequences of a sex offense conviction include sex offender registration laws and public notification laws. In addition to the registration and notification laws
Chapter 14 Quiz:
14/20- What percentage of a corrections budget pays for staff salaries, wages, and benefits? 65 percent Correct. 65% of a corrections budget pays for staff salaries, wages, and benefits.
Chapter 10 Quiz:
14/20- When prisoners are returned to the community without supervision they are said to have received a(n) __________ release. unconditional Correct. Unconditional release refers to returning prisoners to the streets without post release supervision.
Chapter 13 Quiz
14/20- Which of the following is true of treatment measures for youth in residential facilities? Aggression replacement training works well with institutionalized youths. Correct. Aggression replacement training, such as "anger control," which teaches participants what triggers their anger and how to control their reactions, has shown to work well with institutionalized youths.
Chapter 10 Quiz:
15/20- A prisoner returning to the free community as a result of __________ is under unconditional release, whereas a prisoner returned to the free community as a result of __________ is under conditional release. sentence expiration / discretionary parole: Correct
Chapter 13 Quiz
15/20- Jeanine is a 16-year-old who is institutionalized for assault with a weapon. She will spend three years in the institution before she is released. With reference to the typical characteristics of institutionalized juveniles, it can be assumed that ________. Jeanine was performing below her grade level in school Correct. About half of youths in custody are functioning below grade level for their age, compared with 28 percent of youth in the general population.
Chapter 11 Quiz
15/20- What is meant by the notion of ʺcivil death"? Offenders forfeit all rights and privileges of citizenship. Correct. Under early English common law, a convicted offender might, in addition to his sentence, lose all his civil rights and have to forfeit his property. As a result of this civil death sanction, offenders forfeited all rights and privileges of citizenship, including things such as the right to enter into a contract (even marriage) or the right to sue.
Intro To Criminal Justice Chapter 8 Quiz
15/20- Which of the following exemplifies a major cause of prison riots? Prisoners at a penitentiary were dissatisfied with the deteriorating quality of food. They complained to the management several times, but when no measures were taken, they vandalized furniture in the dining hall. Correctional officers at a state prison tightened security after increasing occurrences of drug transactions. The mandatory strip search every evening increased resentment among a majority of the prisoners, who believed the searches to be demeaning. Up to 20 prisoners in a federal prison fell extremely ill after the maintenance staff forgot to turn on the heating for 2 nights in a row. African-Americans and Latinos formed the two major groups in a state prison. Correctional officers had to be extremely vigilant during exercise time, when altercations between groups often escalated into violence. Correct. This is an example of conflict among prisoners, which is the major cause of prison riots, accounting for 45 percent of riots.
Chapter 14 Quiz:
15/20- Which of the following policies represents a shift toward rationality in corrections policy? Allowing federal offenders, who are not a threat to the public, to become eligible for alternatives to prison Correct.
Chapter 12 Quiz
15/20- Who among the following fits the typical profile of a prisoner on death row in America? 28-year-old Roger, a white male from a poor area of town, stabbed his disabled mother to death so that he could inherit her money and use it to fund his drug trafficking business. Correct. Roger fits the profile of people on death row in America. They are typically offenders who have been convicted of first-degree murder with aggravating circumstances, who are neither mentally ill nor mentally retarded, who were at least age 18 when committing their crime, and are white, male, and of low socioeconomic status.
Chapter 11 Quiz
16/20- A convicted felon who is prevented from voting, serving on a jury, or carrying a pistol, is being subjected to _____________. civil disabilities Correct. A convicted felon who is prevented from voting, serving on a jury, or carrying a pistol, is being subjected to civil disabilities.
Chapter 12 Quiz
16/20- An act of leniency in the criminal justice system, such as a reprieve, a commutation, or a pardon, is called _____________. clemency Correct. Clemency is an act of leniency in the criminal justice system, such as a reprieve, a commutation, or a pardon.
Chapter 13 Quiz
16/20- The ________ is an example for juvenile institutions that emphasizes rehabilitation in small groups, constant therapeutic interventions, and minimal force. Missouri Model Correct. The Missouri Model is a model for juvenile institutions that emphasizes rehabilitation in small groups, constant therapeutic interventions, and minimal force.
Chapter 10 Quiz:
16/20- Which of the following describes the type of release from prison that occurs automatically when the prisoner has completed his or her maximum prison sentence, less any good-time credit the inmate has received? Supervised mandatory release
Chapter 14 Quiz:
19/20- A national organization for the state department of corrections directors that seek to educate top administrators on broad correctional issues and influence correctional policy is the ______. Association of State Correctional Administrators (ASCA) Correct. A national organization for the state department of corrections directors that seek to educate top administrators on broad correctional issues and influence correctional policy is the association of State Correctional Administrators.
Chapter 13 Quiz
19/20- Minority youths ages 10-17 account for about one-fourth of the U.S. juvenile population but comprise __________ of juvenile arrests. One-third Correct.
Intro To Criminal Justice Chapter 8 Quiz
16/20- Which of the following is an example of a triggering event? Since the penitentiary was originally built to house only half the current population, groups of five prisoners were now having to share a cell, which resulted in loss of privacy and poor sanitation. A majority of the prisoners labored for eight hours a day making plastic toys and were paid only half of the amount they were rightfully due. A correctional officer struck an inmate who refused to eat stale food. The inmates who witnessed this were enraged and attacked the officer and all others who were on guard. Correct. This is an example of a triggering event. A triggering event is one or several specific events that spark a riot. The officer's action triggered the riot which actually stemmed from the dissatisfaction over overcrowding, sexual assaults, and unfair payment. Incorrect AnswerMany inmates had been victims of sexual assault by correctional officers. The continued violations were giving rise to fear and anger among the prisoners.Incorrect. This is an example of a predisposing factor. Predisposing factors are underlying conditions that occur over an extended period of time and provide the foundation for a riot.
Chapter 14 Quiz:
16/20- Which of the following projects represents an example of a Justice Reinvestment project? Diverting people from the prison system Correct. Justice Reinvestment projects include diverting people from the prison system, increasing drug treatment opportunities, closing prisons, and reducing parole and probation technical violation rates. Every intervention must use data to show measurable declines in the prison population and how the intervention affects neighborhood public safety.
Chapter 14 Quiz:
17/20- According to the performance-based measuring system, which of the following variables is used to measure offender recidivism? Number of crime-free days Correct. The number of crime free days, or the number of days from the release date to the new offense date, is used to measure offender recidivism in the performance measuring system.
Chapter 11 Quiz
17/20- As a result of her drug conviction and subsequent prison sentence, Colleen is not allowed to return to her public housing apartment, nor can she receive food stamp benefits. Colleen is experiencing _____________. invisible punishments Correct. Depending on the jurisdiction, these lost civil rights might include the ability to vote, serve on a jury, receive welfare benefits, or engage in certain occupations.
Intro To Criminal Justice Chapter 8 Quiz
17/20- Underlying conditions that occur over an extended period of time and provide the foundation for a riot are called ________. aggravating circumstances collateral consequences predisposing factors Correct. Predisposing factors are underlying conditions that occur over an extended period of time and provide the foundation for a riot. mitigating circumstances
Chapter 13 Quiz
17/20- Which of the following is a characteristic of Disproportionate Minority Contact (DMC)? Racial stereotyping affects processing decisions in many juvenile systems. Correct. Racial stereotyping and cultural insensitivity (both intentional and unintentional) seem to affect processing decisions in many juvenile systems.
Chapter 12 Quiz
17/20- Which of the following is an argument made by abolitionists? Murder is seldom a rational act. It typically occurs in the heat of the moment. Correct. This is an argument made by the abolitionists. Thus, if rational decision making is not apparent during a murder, and it takes place generally during the heat of the moment, the death penalty will not deter offenders because they are not likely to weigh the pros and cons of the proposed act.
Chapter 10 Quiz:
17/20- Which of the following is the discretionary reduction of an offender's sentence length by a designated individual in the executive branch? Commutation of sentence Correct. A reduction of the sentence through action in the executive branch.
Intro To Criminal Justice Chapter 8 Quiz
18/20- A ________ is an altercation involving three or more inmates resulting in official action, but where staff control of the facility is maintained. voluntary lockdown diversion prison riot disturbance Correct. A disturbance is an altercation involving three or more inmates resulting in official action, but where staff control of the facility is maintained.
Chapter 10 Quiz:
18/20- Alexander Maconochie is known for creating the "mark system." What is this? A system by which inmates could accumulate "marks," or points, that could be used to give the inmate greater freedom of movement and eventually early release Correct. Captain Alexander Maconochie significantly changed the way that prisoners were managed. He abolished corporal punishment and chain gangs, and rewarded positive behavior and work ethics through a daily mark system.
Chapter 13 Quiz
18/20- Sasha and her friends were walking past a bar late one night when a group of boys began shouting profanities at them. They complained to a policeman standing nearby, who told them to wait while he spoke to the boys. The policeman came back with four African-American boys and asked the girls if they were the same people who had been verbally harassing them. Sasha told the policeman that he had the wrong people as the ones teasing them were white. The policeman's assumption that the offenders were black is an example of ________. selection bias Correct. A procedure known as selection bias occurs when the actions or histories of minority youth are scrutinized more carefully than are the actions or histories of non-minority juveniles.
Chapter 14 Quiz:
18/20- Which of the following components is typically included in a prison's performance-based measures database? Public safety Correct. Public safety is typically included in a prison's performance-based measures database.
Chapter 12 Quiz
18/20- Which of the following scenarios exemplifies the circumstances of the majority of women on death row? Monica was unreasonably jealous of her husband's friendships. One night, she stabbed him with a broken glass bottle, and he died of the wounds. Correct. This is typical of a majority of women on death row. Nearly two-thirds of the women on death row were convicted of killing family members or people they knew.
Chapter 11 Quiz
18/20- Which term refers to sanctions that operate mostly beyond public view, yet have very serious consequences for the individuals affected? Invisible punishment Correct. Invisible punishment refers to sanctions that operate mostly beyond public view, yet have very serious consequences for the individuals affected.
Chapter 10 Quiz:
19/20- Sir Walter Crofton, the developer of the Irish prison system, created a procedure that allowed inmates to be released from prison before their actual sentence was completed. What term was applied to this forerunner to modern-day parole?- Ticket of leave Correct. The Irish system was a three-stage incremental process that eventually resulted in release through a ticket-of-leave.
Chapter 11 Quiz
19/20- Which of the following is a generic term for an official recognition that a criminal offender has shown reliability and good character over time and deserves to regain lost civil rights? Certificate of rehabilitation Correct. A certificate of rehabilitation is a generic term for an official recognition that a criminal offender has shown reliability and good character over time and deserves to regain lost civil rights.
Intro To Criminal Justice Chapter 8 Quiz
19/20- Which of the following is considered the most frequent cause of prison riots and disturbances? Conflict among prisoners Correct.
Chapter 12 Quiz
19/20- Which of the following scenarios exemplifies proportional retributivism? Adrian killed a man who was trying to rape his wife; therefore, he was not given the death sentence but had to serve five years in prison. Correct. This is an example of proportional retributivism as mitigating circumstances were considered while trying Adrian. Proportional retributivism requires that the worst crime in any society be punished with the worst penalty.
Chapter 13.3: Quiz 13.3 Juvenile Offenders in Juvenile Court
2/2- Kayson's stepfather, Xavier, thought of him as a financial burden. He wanted to frame Kayson for a crime so that he would be arrested and then become a ward of the state. Xavier convinced Kayson to break into a house. Once Kayson entered, Xavier sounded the alarm and ran away. Kayson was arrested for burglary. Xavier, with the help of a friend, told the judge that he was unaware of Kayson's activities as he was at home with his friend at the time of the crime. Kayson was convicted because his defense seemed weak—he kept repeating that it was all Xavier's idea. In this scenario, Kayson was convicted because of ________. preponderance of evidence Correct. Kayson was convicted because of preponderance of evidence. Preponderance of evidence is a burden of proof that requires evidence supporting a charge to have greater weight or be more convincing than the evidence offered in opposition to it.
Chapter 13.1: Quiz !3.1: Development and Operation of the Juvenile Justice System
2/2- Donald, a 35-year-old man, was convicted of sexually and physically assaulting a woman. He was sentenced to 10 years in prison. Which of the following punishments would Donald most likely receive if he had been a juvenile? He would be sent to a residential center. Correct. Donald most likely would be sent to a residential center. Youth development centers, residential centers, and youth correctional facilities are the juvenile system's equivalents of prison.
Chapter 13.5: Quiz 13.5: Community-Based Responses to Juvenile Offenders
2/2- Harriett was only 14, but was out of her parents' control. She was part of a street gang and was frequently involved in incidents of vandalism, spraying graffiti, shoplifting, and mugging. Harriet's parents were unsuccessful in trying to connect with her, and had given up on trying to get her to change her ways. Which of the following methods will be most appropriate in improving and stabilizing their relationship and will assist Harriet's parents in providing her better guidance? Functional Family Therapy Correct. Since only Harriet and her parents are involved in this situation, Functional Family Therapy (FFT) would be considered the most appropriate method. Functional Family Therapy (FFT) is an effective short-term intervention program targeting youths aged 11-18 who are facing problems with delinquency, substance abuse, or violence.
Chapter 11.5 Quiz: Restoring Civil Rights Following a Conviction
2/2- Jacqueline was a first-time offender who was convicted for a drug-related offense. She served a brief prison sentence in New York, during which time she participated in a treatment program. Jacqueline partially lost some of her civil liberties from her conviction. She continued treatment and was certified clean for 180 days. Jaqueline is eligible for a ________ that will allow her to regain her lost civil rights. certificate of relief from disabilities Correct. Jacqueline is eligible for a certificate of relief from disabilities. It is an official recognition that a criminal offender has shown reliability and good character over time and deserves to regain lost civil rights. It is offered only to misdemeanants or first-time felons.
Chapter 11.4: Quiz 11.4: Civil Disabilities and Other Postconviction Sanctions
2/2- Juan was driving home after a late-night party. He was heavily intoxicated and fell asleep at the wheel. He collided with a car, which hit a sidewalk and flipped over, resulting in the driver's death. Juan injured his backbone. Following conviction, he was sentenced to prison for six years. Upon his release, he realized that he was not permitted to reside in public housing and that his driver's license had been revoked. Which of the following is the collateral consequence in this scenario? Juan's loss of his driver's license Correct. This is a collateral consequence. Collateral consequences are secondary consequences beyond the actual sentence that was imposed.
Chapter 12,4: Quiz 12.4: Arguments for and Against Capital Punishment
2/2- Owen is an African-American man from a low-income family who worked as a waiter at a neighborhood restaurant. He often waited on Zac, a white man, who was a regular patron. Zac was always rude to Owen, but Owen never reacted. One evening, after a few beers, Zac started picking on Owen and made a number of racist remarks. Owen physically assaulted him and the fight escalated, resulting in Zac's death. Based on statistics related to sentencing and capital punishment, Owen is more likely to receive the death sentence because ________. he killed a white man Correct. The fact that Owen killed a white man will be most likely to increase the probability of his getting the death penalty.
Chapter 13.4: Quiz 13.4: Juvenile Offenders in Adult Court
2/2- Rob and his friends brutally raped and killed a woman. Rob's friends were adults and he was the only juvenile in the group. The juvenile court that was trying Rob's case decided that his crime was too heinous to be tried in the juvenile system. The court decided that he should be tried in an adult court along with his friends. This is an example of ________. a judicial waiver Correct. This is an example of a judicial waiver. A judicial waiver is when a juvenile court judge waives jurisdiction over a case and transfers it to criminal court.
Chapter 12.3: Characteristics of Death-Row Prisoners
2/2- Sandra Perez was charged with the murder of her three family members. Evidence showed that she had drugged their meals and then set fire to the house. She was on death row when she appealed to the Court to listen to the testimony of her neighbor, who was a witness to the incident. The Court put her execution on hold for a period of one month to verify the neighbor's testimony. Sandra received a ________ in this case. reprieve Correct. Sandra received a reprieve in this case. A reprieve is a stay of execution that grants time for something, such as an appeal, to happen.
Chapter 12.5: Quiz 12.5: Public Opinion and the Death Penalty
2/2- Supreme Court Justice Marshall, in his opinion for the Furman decision, suggested that an informed public would ________. oppose the death penalty Correct.
Quiz 11.3: Limiting Inmate Litigation
2/2- The Prison Litigation Reform Act (PLRA) attempted to limit the ________. ability of prisoners to complain about their conditions Correct. The Prison Litigation Reform Act (PLRA) attempted to limit the ability of prisoners to complain about conditions of their confinement or alleging violation of their constitutional rights.
Chapter 13.2: Quiz 13.2: Processing Juvenile Offenders Reading
2/2- ________ are the most serious charge handled by juvenile courts in delinquency cases. Property offenses Correct. Property offenses are the most serious charge handled by juvenile courts in delinquency cases. It accounts for 38 percent of all cases.
Chapter 10.1 Quiz: The Rentry Process
2/2- ________ is a process of release preparation that begins within the institution and continues in the community. Reentry Correct. Reentry is the process of release preparation that begins within the institution and continues with community supervision.
Intro To Criminal Justice Chapter 8 Quiz
2/20- Ethan is a quiet 22-year-old serving his time in prison for armed robbery. He was a first-time offender and, in inmate code, could be termed a fish. A member of a prison gang passed along false information about Ethan to a correctional officer, effectively getting Ethan into trouble with prison authorities. If Ethan follows the mainstream prisoner code for men and assimilates to convict norms, he will most likely ________. ask for protective custody make friends with the prison staff to get into their good books be bullied and harassed by other inmates react immediately and with violence Correct. According to the mainstream prisoner code for men, if a prisoner tries to (or succeeds) in getting over another inmate, the possible victim should react immediately and with violence. He should never ask for protective custody.
Chapter 10 Quiz:
2/20- The Second Chance Act was passed and reauthorized in order to help meet the goal of _____________. Assisting offenders in stabilizing their lives so they may eventually become fully independent. Correct. The Second Chance Act provides federal funding for reentry initiatives that include housing assistance, employment, mentoring, and substance abuse treatment.
Chapter 12 Quiz
2/20- Today, __________ U.S. states, plus the federal government and the military, have death penalty statutes. 31 Correct. Today, 31 U.S. states, plus the federal government and the military, have death penalty statutes.
Chapter 11 Quiz
2/20- Two primary federal sources of prisonersʹ rights are the _______ and _______. U.S. Constitution / Civil Rights Act Correct. The U.S. Constitution and two of the Constitution's amendments serve as the basis for many inmate claims. The Civil Rights Act is also a federal statute that is increasingly being used to support inmate claims of discrimination.
Chapter 13 Quiz
2/20- Which of the following is a characteristic of juvenile crime? Juvenile crime peaks around the age of 18. Correct. Juvenile crime has been found to rise during adolescence, peak around age 18, and then drop thereafter.
Chapter 14 Quiz:
2/20- Which of the following offenders is the biggest liability to the state in terms of financial expenses? Jackson, who is a gang leader and needs to be housed in a maximum-security prison Correct. Maximum-security prisons are the most expensive correctional facilities to build and operate.
Chapter 12.2: Quiz 12.2: Capital Punishment and The Law
2/3- Brianna Swans was suspected of killing her husband and two neighbors. During her first hearing, she pleaded not guilty. However, the evidence incriminated her, and she was found guilty of committing the three murders. During her second hearing, the jury contemplated whether Brianna deserved a death sentence. The verdict was in her favor, and she received life imprisonment. Which of the following is exemplified in this scenario? Bifurcated trial Correct. This scenario is an example of a bifurcated trial. A bifurcated trial is a requirement that death penalty cases have two stages, with the first stage being the traditional trial to determine guilt and a second stage to decide the sentence—death or life imprisonment.
Quiz 11.1: The Sources of Prisoners' Rights
2/3- Jordan was driving at a speed of 100 miles per hour on an interstate that had a speed limit of 60. He was pulled over by highway patrol and instead of being fined—which was the usual procedure—he was taken to the nearest jail and locked up. In this scenario, which of the following would protect Jordan from unlawful detention? Writ of habeas corpus Correct. The writ of habeas corpus is a judicial mandate to a prison official ordering that an inmate be brought to the court in order to determine the legality of the prisoner's detention.
Chapter 11.2: Quiz 11.2: A Sampling Of Prisoners Rights Issues
2/3- Officer Stanley is the warden of a penitentiary that houses some of the most notorious criminals in the state, and he has implemented a number of policies to discipline them. Which of his following policies is unreasonable in relation to legitimate penological interests? Officer Stanley does not provide meals on Tuesdays to prisoners because the prison is overcrowded and he is trying to save scarce resources. Correct. This policy is unreasonable in the context of legitimate penological interests.
Chapter 12.1: Capital Punishment Today and Yesterday Reading
2/3- The ________ introduced the practice of capital punishment to the New World. British settlers Correct. The British settlers introduced the practice of capital punishment to the New World.
Intro To Criminal Justice LEJ 104 Chapter 8.2 Prisoner Job Assignments
2/3- The prison warden at a state penitentiary employed 200 prisoners in agricultural work on a farmland surrounding the prison. The program, however, failed to be profitable as the sale of prison-made goods was prohibited in most states. The passage of the ________ would have resulted in regulatory changes that made the warden's program profitable. Ashurst-Sumners Amendment Correct. The Ashurst-Sumners Amendment of 1940 allowed state agricultural prison products to be sold in other states. Ashurst-Sumners Act Prison Industries Enhancement (PIE) Act Hawes-Cooper Act
Intro To Criminal Justice LEJ 104 Quiz 8.3: Collective Behavior
2/3- Which of the following is characteristic of groups in women's prisons? Friendship among prisoners is used mainly for protection and only rarely for sharing problems. Female prisoners reported as being loners usually possess poor social skills. A majority of female inmates are recruited into a gang during imprisonment. Women usually group to form pseudo families that replicate family structures in larger society. Correct. One of the most widely documented aspects of the social structure of women's prisons is a fabricated kinship network that has been called pseudo families or play families. These families borrow the structure, terminology, and function of families in larger society.
Intro To Criminal Justice LEJ 104 Chapter 8.4 Sexual Assault and Rape Quiz 8.4
2/3- Who among the following has a low probability of being a victim of assault? Incorrect AnswerSasha who is an intimidating 25-year-old imprisoned for armed robbery. She wears her hair short and sports multiple tattoos on both arms.Incorrect. Certain physical traits, like effeminate traits in a man and masculine traits in a woman, increase the probability of assault.Ivan, who was 30 years old when he was imprisoned for armed robbery. He has earned the protection of a gang leader by procuring drugs and cigarettes for him.Correct. Since Ivan has earned protection from a gang leader, he has decreased his probability of being a victim.Cody, a loner, who does not lack social skills, but prefers not to be affiliated to any crew or gang.George, who has been diagnosed with severe autism spectrum disorder, and is sentenced for brutally beating up and trying to suffocate his younger brother.
Intro To Criminal Justice LEJ 104 Chapter 9.1 Quiz Treatment Programs In Prison
2/4- Blake was cheated out of a million-dollar property deal by his best friend, Antonio. Blake could not forget the betrayal and was biding his time until he could get revenge. Blake got romantically involved with Antonio's sister, Reese. Once he had gained her trust, he took her for a weekend trip to his cabin in the mountains and sexually assaulted her before stabbing her to death. Blake later called Antonio, telling him where he could find his dead sister. Which of the following thinking errors is exemplified in Blake's treatment of Reese? Entitlement Correct. Blake's treatment of Reese is an example of entitlement, which is defined as viewing people as pawns or property to move around.
Chapter 10.3: Communication Corrections in Reentry Quiz
2/4- Patricia successfully completed her clerical vocational program in prison. However, because of her criminal record, she was apprehensive of the employment opportunities she would get after release. Which of the following groups is responsible for facilitating the smooth transition of prisoners like Patricia into a larger society? Community reparation board Correct. Community reparation boards are groups that facilitate the involvement of community members in an offender's reentry to society. These groups are useful in assisting the offender with finding a job, and, in turn, influence employers' perceptions of former offenders.
Chapter 9.3: Quiz 9.3: Health Care And Medical Issues
2/4- Which of the following is a characteristic of geriatric prisons? Prisoners residing in these facilities tend to care for each other instead of being hostile. Correct. Inmates in these facilities tend to care for each other instead of placing each other in jeopardy.
Chapter 9.2: Quiz 9.2:
2/4- Which of the following is an assumption in the United States that supports the separation of children from their incarcerated mothers? A convicted mother must be a bad parent. Correct. The United States is one of the few developed countries that routinely separates children from their mothers. One of the assumptions that supports this practice is that a convicted mother must be a bad parent.
Chapter 10.2: Quiz 10.2: Education and Vocational Skills in Reentry Preparation
2/4- Which of the following is the major source of pre-arrest income for female federal prisoners? Correct. Salary is the major source of income for female federal prisoners. It makes up 68 percent of pre-arrest income for females. Alimony
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy
2/6- James has two daughters. After his wife passed away, he raised them on his own. He is a responsible citizen and a loving father. He was arrested for physical assault when he attacked a man who was harassing his daughter. Which of the following aspects should the judge consider while trying James under a rational crime control policy? The effect of the imprisonment on James' daughters Correct. The judge should consider the question "What are punishment effects on offenders' spouses, parents, and children?"
Chapter 14.1: Quiz 14.1: What Works in Corrections
2/6- Mike is sentenced on five counts of armed robbery and two counts of homicide. He is known to have a violent streak, having killed two officers during previous encounters. Which of the following methods of punishment will be most suitable for an offender such as Mike? Mike should be kept under the supervision of a high-caliber correctional staff. Correct. High-caliber and better-trained staff are essential to ensure that prisons are not mere schools (of crime).
Chapter 10 Quiz:
20/20- In addition to meeting the minimum eligibility requirements, a prisoner cannot be paroled without having: A majority of parole board members agreeing that the prisoner is ready for parole. Correct. Besides meeting the minimum eligibility requirements, a prisoner cannot be paroled without having a majority of parole board members agreeing that the prisoner is ready for parole
Intro To Criminal Justice Chapter 8 Quiz
20/20- Inmates who are targeted as victims of sexual assault in prison tend to _______. be from a middle-class background Correct. Targeted inmate victims tended to be young, first-time, nonviolent, Caucasian, and from a middle-class background.
Chapter 12 Quiz
20/20- Joey was exonerated after the Innocence Project agreed to assist him in attaining his freedom from death row. In order to do so he was asked to provide a swab of saliva that could be analyzed. What, in this case, is The Innocence Project using to rule out and exonerate inmates from death row? DNA analysis Correct.
Chapter 11 Quiz
20/20- Sebastian was released after being imprisoned for over a decade for a nonviolent crime. Besides being apprehensive of adjusting to life outside of prison, he also had to cope with being denied public housing and welfare benefits. Sebastian's criminal record further decreased his chances of being employed. His pitiable case earned him the governor's forgiveness and his civil rights were reinstated. Which of the following helped restore Sebastian's rights? Pardon Correct. Sebastian was granted executive pardon. In many U.S. jurisdictions, an executive pardon by the state's governor or an appointed board is the only way civil disabilities can be mitigated.
Chapter 14 Quiz:
20/20- The Kansas Department of Corrections projects that if nothing major changed within a three-year period of time, the number of their prisoners would increase by _______. 9% Correct. The projections estimated that if nothing major changed, based on the rate they were going, within a three-year period of time, the number of prisoners would increase by 9%.
Chapter 13 Quiz
20/20- The country that has the highest number of youth in secure confinement is ________. The United States Correct. The United States has almost six times as many youth in secure confinement as all comparison nations (Australia, Canada, UK, Germany, and Finland) combined.
Chapter 14 Quiz:
3/20- Correction interventions that scientific evidence has shown improves offender behavior are called __________. evidence-based practices (EBP) Correct. Evidence-based practices include applying the principles of effective intervention, such as: establishing rapport, positive reinforcement for offenders, accurately measuring risk and needs, targeting criminogenic needs, using cognitive behavioral methods, reentry, and graduated sanctions.
Chapter 12 Quiz
3/20- Since January 1st, 1977, most executions have taken place in the __________ and the fewest in the __________. South / Northeast Correct.
Chapter 10 Quiz:
3/20- There are many challenges that prisoners face when returning to the community. Which of the following is NOT one of them? All of the choices are correct. Correct. Offenders face many challenges upon reintegration. Such challenges include, establishing structure and stability, choosing supportive relationships, and connecting to the appropriate social services within the community. Creating new connections that reinforce non-criminal attitudes Abstaining from drug use after recovery Finding affordable and stable housing
Chapter 13 Quiz
3/20- When determined to have committed an act that would otherwise be a crime, rather than being found guilty of a crime, juveniles are _______________. adjudicated a delinquent for committing a delinquent act Correct. When determined to have committed an act that would otherwise be a crime, rather than being found guilty of a crime, juveniles are adjudicated delinquent.
Chapter 11 Quiz
3/20- Which doctrine best expresses the contemporary approach by the courts to limit the amount of judicial involvement in prison administration, instead proposing that court rulings should respect the assessment of prison officials? The deference doctrine Correct. Since 1980, the U.S. Supreme Court and lower federal courts have based decisions regarding the constitutionality of prison restrictions with deference to the assessment of prison officials. In Bell v. Wolfish, Justice Rehnquist expressed a belief that courts had become too involved in the minutiae of prison operations. Rehnquist, writing for the majority, explained that court involvement in prison management must be limited to whether a particular prison requirement violates the Constitution.
Intro To Criminal Justice Chapter 8 Quiz
3/20- Which of the following is true of the Big House era? The prison system was focused on the deprivation model. Correct. The focus of prisons during the Big House era was on the deprivation model, which assumed that prison culture developed as a response to procure the things that prisoners did not have anymore. Correctional officers were solely responsible for ensuring that prisoners abided by prison rules. During this era, prisons focused more on rehabilitating prisoners than punishing them. Prisons lacked discipline and prisoners had more liberty than they do today.
Intro To Criminal Justice LEJ 104 Chapter 8.2 Prisoner Job Assignments
3/3- Arthur owns a company that manufactures denim clothing and accessories. He wants to set up a new factory, and, instead of outsourcing work to another country, he approaches the state prison authority which houses 2,000 inmates. Arthur's factory will be governed by the Prison Industries Enhancement (PIE) Act. How will this arrangement benefit Arthur? He can close down his existing factories to reduce cost, and concentrate only on the prison-run factory. If prison authorities agree, he can employ all 2,000 inmates in the factory. He will not have to pay wages to the prisoners, which will help in reducing costs. He will receive tax incentives for opening a factory inside a prison. Correct. Private businesses receive tax incentives for agreeing to open a factory inside a prison instead of sending the jobs overseas to another country.
Quiz 11.1: The Sources of Prisoners' Rights
3/3- Gavin was imprisoned for the sexual assault of an eight-year-old. The correctional officer, John, particularly loathed child sex offenders and decided to make life miserable for Gavin. He confined Gavin to a small cell where he was unable to stand or stretch his legs and kept him on a liquid diet for a week. When he was finally taken out of the cell, Gavin was critically ill and had to be hospitalized. John's treatment of Gavin violated the ________. Eighth Amendment Correct. John violated the Eighth Amendment. The Eighth Amendment to the U.S. Constitution prohibits cruel and unusual punishments.
Chapter 12.1: Capital Punishment Today and Yesterday Reading
3/3- James sold used cars in the late 1980s. His neighbor, Bobby, was his biggest competitor and business rival. After losing a particularly lucrative deal to Bobby, James sought revenge by tying Bobby to a chair and burning down his shop. He was convicted of arson and murder and awaited his execution in prison. Unfortunately for James, he committed his crime in the state most known for carrying out executions since 1977. Which of the following states is James most likely awaiting his execution? Texas Correct. James most likely belonged to Texas, which is a southern state. More than 80 percent of all executions after 1976 occurred in the South, with Texas having the highest number of executions, followed by Oklahoma and Virginia.
Intro To Criminal Justice LEJ 104 Quiz 8.3: Collective Behavior
3/3- The Dark Knights is a security threat group (STG) in a state penitentiary. They pose a serious threat to the well-being of other prisoners and have been known to instigate and promote drug transactions within the prison. Correctional staff has also been a victim of their physical assaults on several occasions. Which of the following is an appropriate way to manage the Dark Knights? Gang members should be made to participate in a number of programs in an attempt to positively influence them. Members of the group should be unevenly dispersed across state and federal penitentiaries. Members of the group should be assigned heavy workloads so that they have less time to interact with one another. Gang members should be separated from other prisoners in the facility to curb their influence. Correct. STG members should be segregated from the general population of prisoners.
Chapter 12.2: Quiz 12.2: Capital Punishment and The Law
3/3- The ________ ruled that death penalty statutes that provide for bifurcated trials and that direct juries to use guided discretion in deciding the sentence are allowed under the Constitution. Gregg decision Correct.
Chapter 11.2: Quiz 11.2: A Sampling Of Prisoners Rights Issues
3/3- Which of the following factors is irrelevant regarding a decision of whether or not a prison regulation interferes with a prisoner's constitutional rights? Whether the number of prisoners asserting their rights is a considerable figure Correct. The number of prisoners making a claim does not matter; the validity of prison regulations is evaluated even if challenged by a single prisoner.
Intro To Criminal Justice LEJ 104 Chapter 8.4 Sexual Assault and Rape Quiz 8.4
3/3- Which of the following is true of assault in prison? Physical and sexual assaults depend on inmate characteristics, and are unaffected by the prison environment. Inmates with mental illnesses are more likely to be predators or victims of assault. Correct. Inmates with mental illnesses are more likely to be assaulted and to assault others. Assaults are most common in medium-or minimum-security units where they can go undetected. Incidents of assault in women's prisons are more likely than incidents in male facilities to involve deadly weapons.
Chapter 9.3: Quiz 9.3: Health Care And Medical Issues
3/4- After she was convicted of assault and assigned to the state penitentiary for the duration of her incarceration, Megan was tested for chronic diseases. She had contracted a disease through injected drug use. Megan's skin had a yellow tinge to it and her liver was considerably damaged. Which of the following diseases was Megan suffering from? Hepatitis C Correct. Megan was suffering from hepatitis C. Hepatitis C is a virus that affects the liver and is spread primarily through injected drug use, unsafe sexual practices, and unsterile tattooing.
Chapter 9.2: Quiz 9.2:
3/4- Children who have at least one parent behind bars are more likely to experience ____________. committing a criminal act before the age of 18 Correct.
Chapter 10.2: Quiz 10.2: Education and Vocational Skills in Reentry Preparation
3/4- Gerard received a TABE score of 5. As a result, Gerard was placed in what type of educational program? A corrective reading program that addresses illiteracy Correct. Corrective Reading is a beginners adult reading program for those considered to be illiterate (scoring a 6 or less on TABE)
Intro To Criminal Justice LEJ 104 Chapter 9.1 Quiz Treatment Programs In Prison
3/4- Officer Lee is part of a treatment program for sex offenders. He is undergoing training to sharpen his skills in identifying the specific traits of these offenders in order to construct targeted and effective therapeutic programs. Which of the following characteristics of sex offenders would most likely NOT be considered to be a characteristic of a child molester? Devin, who committed his first sexual offense at 35 years of age Correct. Later age of onset is a characteristic of rapists. An early age of onset is characteristic of child molesters.
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy
3/6- Which of the following refers to a style of offender supervision where the officer is less interested in helping the offender succeed and is more interested in tracking failures and acting on rule violations? "Gotcha" game Correct. A style of offender supervision where the officer is less interested in helping the offender succeed and is more interested in tracking failures and acting on rule violations is called the "gotcha" game.
Chapter 14.1: Quiz 14.1: What Works in Corrections
3/6- Who among the following has the highest probability of benefitting from community supervision programs? David, who was living with his wife and daughter before he was arrested for assault with a weapon. Correct. People who lived with their spouse or children usually benefit from community supervision programs.
Chapter 11 Quiz
4/20- A law that prohibits imposing a greater punishment for a crime than was in effect when the crime was committed is called _________. ex post facto law Correct. A law imposing a greater punishment for a crime than was allowed when the crime was committed is known as an ex post facto law.
Chapter 10 Quiz:
4/20- Prior to an offenders release, a prison case manager develops a _________ that serves as an assessment of what each offender needs to accomplish prior to the release date and while in the community. Transitional accountability plan Correct.
Intro To Criminal Justice Chapter 8 Quiz
4/20- Vicky is in prison for a drug offense. She has completed 500 hours of community service, but this is her first prison sentence. According to the mainstream prisoner code for women, which of the following scenarios represents acceptable behavior by Vicky in prison? She disregards institutional rules and takes no interest in educational programs. She often informs correctional officers about small transgressions committed by other prisoners. Incorrect AnswerShe believes another inmate who tells her a "secret" about her cellmate.Incorrect. According to the mainstream prisoner code for women, prisoners should not trust anyone, especially other inmates.She befriends a correctional officer, and is often seen discussing personal issues with her.Correct. Unlike for male inmates, interaction with correctional officers is not prohibited for female inmates—it is more casual and social.
Chapter 14 Quiz:
4/20- Which correctional goal is accomplished when an individual offender creates a new life with changed thinking and behaviors? Rehabilitation Correct. Reformed offender creates a new life with changed thinking and behaviors.
Chapter 13 Quiz
4/20- Which of the following is an example of a status offense? Eddie, aged 12, was attending his cousin's wedding. He decided to try a little champagne but got drunk after one glass. Correct. Eddie has committed a status offense. Misbehavior that is considered wrong only because society does not consider the juvenile old enough for certain kinds of activities is called a status offense.
Chapter 12 Quiz
4/20- Which of the following is an example of the preferred method of execution in the twenty-first century? Andrew, who was injected with a legal drug for strangling his business partner Correct. The preferred method of execution in the twenty-first century is actually a return to one of the oldest—administering a lethal drug.
Chapter 10.2: Quiz 10.2: Education and Vocational Skills in Reentry Preparation
4/4- Jason was convicted of being an accomplice in the murder of a drug kingpin in 1971. He spent four years in prison and completed vocational training during this time. Since he was incarcerated during the 1970s, Jason would most likely have received training in ________. Printing Correct. Printing was a vocational program offered to male prisoners in the 1970s.
Chapter 9.3: Quiz 9.3: Health Care And Medical Issues
4/4- Martin was a 40-year-old who was convicted of violent sexual assault. He was suffering from stage 3 cancer but was not eligible for medical parole because he was still considered unfit to return to society. Nevertheless, he had only a bleak chance of surviving beyond a year. Martin's medical expenses were paid for by the state and he was taken care of by nurses and other prisoners who volunteered to help. Martin was most likely housed in a ________. prison hospice Correct. Martin was housed in a prison hospice. Prison hospices are based inside prisons and are available for terminally ill prisoners whose sentences do not qualify them for medical parole or whose application was denied.
Chapter 9.2: Quiz 9.2:
4/4- Sofia was in her first trimester when she strangled her mother-in-law. She was arrested and sentenced to 15 years in prison. Sofia delivered her first-born after eight months. Which of the following scenarios most likely occurred after the delivery? Sofia will be taken back to the prison while her baby stays in the hospital until the medical professionals deem that it is safe for the baby to leave. Then the baby will be picked up by a temporary guardian or relative. Correct. After giving birth, the mother gets only a few minutes or hours with the baby before being transported back to prison. If family members or relatives are not willing to take care of the baby, it becomes a ward of the state.
Intro To Criminal Justice LEJ 104 Chapter 9.1 Quiz Treatment Programs In Prison
4/4- The treatment of sex offenders is distinct from the treatment of other types of offenders because it includes ________. mandatory polygraph testing Correct. Mandatory polygraph testing as part of the treatment of sex offenders makes the treatment of sex offenders distinct from all other types.
Chapter 10.3: Communication Corrections in Reentry Quiz
4/4-KenAdams was serving the last six months of his sentence in a prerelease center. Two months before he was to be released, Ken's father passed away. Ken was heartbroken as he prepared himself for his father's funeral. Which of the following was Kenneth granted so he could attend the ceremony? Correct. A furlough is an authorized temporary overnight leave of absence from 24 to 72 hours.
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy
4/6- Which of the following has been a characteristic of the corrections policy of the United States? The policy is overrun by politics and union control. Correct. The corrections policy in the United States has become overrun by politics and union control.
Chapter 14.1: Quiz 14.1: What Works in Corrections
4/6- Which of the following is effective evidence-based practice? Probation or parole supervision with treatment Correct. This is an effective evidence-based practice.
Intro To Criminal Justice Chapter 8 Quiz
5/20- The ______ has its own norms, values, and beliefs. importation model inmate subculture Correct. prison industry open markets
Chapter 14 Quiz:
5/20- Which correctional goal is accomplished when an offender causes no further harm while under supervision? Community protection Correct. Community protection is accomplished when no further harm to other people while on supervision (no new criminal behaviors in the community or facility escapes).
Chapter 11 Quiz
5/20- Which of the following does the textbook suggest is the most basic right for prisoners? Right to access the courts Correct. Right to access the courts is the most basic right for prisoners.
Chapter 10 Quiz:
5/20- Which of the following is an element most likely addressed in a reentry program? Helping an offender find employment Helping an offender navigate through their legal responsibilities, such as repaying restitution. Providing assistance in anger management All of These Choices are Correct
Chapter 13 Quiz
5/20- Which of the following key events in the juvenile justice system took place in 1970? The US Supreme Court required the state to prove its case beyond a reasonable doubt in matters of juvenile delinquency. Correct. This event took place in 1970.
Chapter 12 Quiz
5/20- Which of the following was a key change that occurred in the nineteenth century regarding capital punishment? The discontinuance of public executions Correct.
Chapter 14.1: Quiz 14.1: What Works in Corrections
5/6- Nearly two-thirds of a corrections budget pays for ________. staff members' salaries Correct. Nearly two-thirds of a corrections budget pays for staff members' salaries, wages, and benefits.
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy
5/6- The Association of State Correctional Administrators (ASCA) is a national organization for state department of corrections directors that ______. educates top administrators on broad correctional issues Correct. The Association of State Correctional Administrators (ASCA) is a national organization for state department of corrections directors that seeks to educate top administrators on broad correctional issues and influence correctional policy.
Chapter 13 Quiz
6/20- Among serious offenses in delinquency cases, white offenders commit the highest number of ________. drug offenses Correct. Drug offenses are the offenses committed most often (75 percent of total delinquency offenses) by white offenders in delinquency cases.
Chapter 10 Quiz:
6/20- Donald was arrested for gravely injuring five people in a bar fight. When he entered prison, he was asked to take the test for adult basic education (TABE). He scored a five on the test. Which of the following will Donald enroll in based on his TABE score? Corrective Reading Correct. A TABE score of six of lower will qualify Donald for a corrective reading program.
Chapter 14 Quiz:
6/20- Which correctional goal is accomplished when an offender successfully completes community services and restitution? Restoration Correct. Restoration occurs when the victim and or community have made amends with the wrongdoer as a result of the completion of paid restitution or community service.
Chapter 12 Quiz
6/20- Which of the following is an example of a capital crime that does not involve murder in Florida? Michael trafficked drugs across Florida state lines. Correct. In Florida, drug trafficking can be considered a capital offense punishable by the death penalty.
Chapter 11 Quiz
6/20- Which of the following requests is most likely to be denied based on the Court's understanding of the First Amendment? Moema's request to use peyote, a hallucinogen, in a Native American prayer ceremony. Correct. The use of a hallucinogen cannot be allowed in a prison because it may disrupt security. Moema's request can be denied on these grounds. The Court understands that the First Amendment gives all people the absolute right to whatever religious beliefs they wish, but not necessarily to every action they may want to carry out.
Intro To Criminal Justice Chapter 8 Quiz
6/20- ________ control scarce resources by running prison stores out of their cells. Merchants Correct. Merchants control scarce resources by running prison stores out of their cells. Punks Crews Fish
Chapter 14.1: Quiz 14.1: What Works in Corrections
6/6- Which of the following statements is true of the cost of correctional interventions? Correctional education is cost-effective because it reduces recidivism. Correct. Correctional education is cost effective, because prisoners who obtained a GED (General Education Development) while incarcerated reduced their own recidivism rate by 13 percent over a three-year period.
Chapter 14.2: Quiz 14.2: Returning Rationality To Corrections Policy:
6/6- Which of the following statements is true of the future of corrections? Funding will be available based on certain performance-based measures. Correct. Funding will be allocated for programs that can meet certain performance-based measures, such as recidivism reduction and decreasing revocations back to jail.
Chapter 12 Quiz
7/20- According to a review of legal issues related to capital punishment, it has been found that most of the people on death row in America are basically there for _______. first-degree murder with aggravating circumstances Correct.
Chapter 11 Quiz
7/20- Of the two religion clauses found in the First Amendment, which presents the greater problem for prison officials? The exercise clause Correct. The issue of free exercise presents greater problems in a prison environment, because it not only states that an individual has the freedom to believe, but it also states that they have the freedom to act.
Chapter 13 Quiz
7/20- Upon receiving a referral, a judge may decide to handle a youth's case in an informal manner, in which the courts response will involve a nonjudicial disposition. This is referred to as _________. a nonpetitioned case Correct. When a case is taken to an adjudicatory hearing where a juvenile court judge determines (based on evidence and witnesses) whether the juvenile will be found delinquent, the case is said to be handled formally through a petition.
Chapter 10 Quiz:
7/20- Which of the following is an example of the problems faced by women who participated in vocational programs in the 20th century? Litty was ambitious—she wanted training in the field of financial management but was forced to enroll in data entry classes as the prison vocational programs offered only limited options. Correct. This is a typical example of the problems related to women's vocational programs. Women are trained in low-paying jobs, and they often do not have an option to pursue anything besides the limited programs.
Intro To Criminal Justice Chapter 8 Quiz
7/20- Which of the following is an example of the sub-rosa economy? Angela was employed in a small prison-run factory to stitch clothes; she was paid $0.50 an hour. Aiden had a deal with the correctional officer; he would supply him with inside information in exchange for two cigarettes every day. Dylan worked in a furniture-making prison factory for 8 hours a day. A percent of his wages were used to pay his court fines. Jake, an inmate, was guaranteed protection by Marco, a gang leader, in return for which he had to do Marco's laundry every day. Correct. This is an example of the sub-rosa economy. A bartering system of reciprocity based on negotiation and exchange of goods and services between prisoners without the use of cash is known as the sub-rosa economy.
Chapter 14 Quiz:
7/20- Which of the following treatments has been found to be successful in reducing the recidivism rate for juvenile offenders? Teen courts Correct. Teen courts, diversion for low-risk juveniles works as a diversion to treat the juvenile offenders successfully.
Chapter 14 Quiz:
8/20- Cognitive-behavioral treatment can be effectively used in which of the following settings? Prison Residential community programs Outpatient community programs All of the above Correct. Cognitive behavioral treatment can take place in prison, in residential community programs, or in outpatient community programs. Prison-based EBP treatment programs have been found to benefit prisoners by changing their behavior and reducing misconduct while they are still incarcerated.
Chapter 10 Quiz:
8/20- Davis et al. (2013) conducted a meta-analysis and found that it was more effective for offenders to partake in ________ than acquire a GED for obtaining employment. vocational programs
Intro To Criminal Justice Chapter 8 Quiz
8/20- Minimum-security-level inmates who earn this status by not causing behavioral problems are called ________. players punks trustees Correct. snitches
Chapter 11 Quiz
8/20- Of the many possible religions, the one(s) that the courts have consistently ruled cannot be practiced in prison because it (they) threatens prison security is _______. Islam Correct. Court decisions beginning in the 1960s allowed restrictions on the freedom of the Nation of Islam (Black Muslims) to practice their religion. Prison officials readily acknowledge that Black Muslims were not afforded the same opportunity to practice their religion as were followers of more traditional faiths.
Chapter 12 Quiz
8/20- The U.S. Supreme Court has ruled the death penalty to be a disproportionate punishment, and therefore unacceptable, for which crime? Rape of an adult woman who was not killed. Kidnapping when the victim was not killed. Rape of a child that did not result in the victim's death. All the above have been ruled to be disproportionate and unacceptable. Correct. The Court has already ruled that the death penalty was a disproportionate, and therefore unacceptable, punishment for the crime of rape of an adult woman who was not killed (Coker), the crime of kidnapping when the victim was not killed (Eberhart), and the rape of a child that did not result in the victim's death (Kennedy).
Chapter 13 Quiz
8/20- ________ is when criminal courts have original jurisdiction for certain crimes committed by juveniles. Statutory exclusion Correct.
Chapter 13 Quiz
9/20- Clint was convicted of a motor vehicle theft and vandalism when he was 17 years old. His case was tried by a juvenile court and was sent to a youth correctional facility on the condition that if he did not show improvement, he would be imprisoned for two years. Clint's punishment is an example of ________. juvenile blended sentencing Correct. Juvenile blended sentences allow the juvenile court judge to impose both juvenile and adult sanctions on certain categories of serious juvenile offenders. Any adult sanction imposed is suspended and functions as a kind of guarantee of good behavior.
Chapter 12 Quiz
9/20- In the 1970s the U.S. Supreme Court ruled in __________ that the death penalty—as it was being applied—was unconstitutional, but the __________ decision ruled the death penalty was constitutional when specific guidelines are followed. Furman v. Georgia / Gregg v. Georgia Correct. In the 1970s the U.S. Supreme Court ruled in Furman v.Georgia that the death penalty—as it was being applied—was unconstitutional, but theGreggv. Georgia decision ruled the death penalty was constitutional when specific guidelines are followed.
Chapter 11 Quiz
9/20- The Prison Litigation Reform Act (PLRA) affects prisoner litigation through three provisions. Which of the following is NOT one of those provisions? Qualified assistant provision. To encourage legitimate suits, prisoner must have the assistance of a qualified person (e.g., a lawyer, law student, or paralegal) when filing a lawsuit. Correct. This is NOT one of the three provisions of the PLRA affecting prisoner litigation.
Chapter 10 Quiz:
9/20- The best educational opportunities for prisoners are offered in __________ and the fewest opportunities in __________. federal prisons/state prisons Correct. This is especially true for special education and vocational training.
Chapter 14 Quiz:
9/20- Which correctional goal is accomplished when victims and others have a feeling that the offender has received his or her just deserts? Retribution Correct. Victims and others feel that the offender has received his or her just deserts.
Intro To Criminal Justice Chapter 8 Quiz
9/20- Which of the following is characteristic of the use of contraband in prison? Smuggling of contraband is higher in maximum-security prisons. The extent of contraband in a prison depends on the level of custody. Contraband normally comprises items such as snacks and hygiene products. Crews typically assist in the movement of contraband. Correct. Movement of contraband typically involves crews, but a large amount of the most lucrative part of the illegal economy is claimed by prison gangs.
Chapter 11.2: A Sampling of Prisoners Rights Issues Reading
A Sampling of Prisoner Rights Issues 11.2 Discuss the issues associated with prisoners' rights in terms of their access to courts and religion. Because of the many issues that could be addressed in this section, we review only a few. We cover those in only a cursory manner to provide a basic overview of the types of issues confronting prisoners and prison authorities. Specifically, this section considers inmate access to the courts and the issue of religion. Access to the Courts Possibly the most basic right for prisoners is access to the courts. Without it, any other rights would be moot because prisoners would be unable to bring their claims to the court's attention. This issue actually has two components: Procedures by which inmates get their claims before the court Having the necessary legal knowledge to make their access effective The "getting a claim to court" issue was resolved in 1941 when a Michigan State Prison inmate challenged the prison policy of requiring prisoners to first submit all types of legal documents to prison authorities. The prison officials would then forward to the appropriate court those documents they considered to be properly written. The U.S. Supreme Court held (ex parte Hull, 312 U.S. 546, 1941) that prison authorities cannot restrict an inmate's right to apply to a federal court for a writ of habeas corpus. But having direct access to courts via a writ of habeas corpus is only one step in the process of accessing the courts. Prisoners who are not familiar with the law may need assistance to ensure their right to access is meaningful. Similarly, prisoners who are familiar with the law can only have meaningful access if items such as law books and other legal materials are made available for their use. In Bounds v. Smith (430 U.S. 817, 1977), the Court addressed the question of what const
Chapter 9.2 Quiz
After she was convicted of assault and assigned to the state penitentiary for the duration of her incarceration, Megan was tested for chronic diseases. She had contracted a disease through injected drug use. Megan's skin had a yellow tinge to it and her liver was considerably damaged. Which of the following diseases was Megan suffering from? Syphilis Gonorrhea Hepatitis B Hepatitis C Correct. Megan was suffering from hepatitis C. Hepatitis C is a virus that affects the liver and is spread primarily through injected drug use, unsafe sexual practices, and unsterile tattooing.
Chapter 9.3 Aging Prisoners Reading
Aging Prisoners "Graying of U.S. prisoners" first became an issue in the mid-1980s as longer prison sentences for recidivists and reductions in the use of parole began expanding the number of inmates that remained. The National Institute of Corrections and most state prisons define an aging prisoner as being age 50 or over. Although this is considered "middle age" outside the prison walls, the stress of the prison experience, coupled with prisoners who led a fast life of drug use, poor health, and lack of preventive care prior to incarceration, seems to age individuals faster than their chronological age. Prisoners over the age of 50 are the fastest growing and most costly segment within the general prisoner population (Reimer, 2008). Older inmates now make up about 11% of the prisoner population, and their average cost per year is nearly $60,000, which is almost twice what it costs to incarcerate one younger prisoner per year (Horowitz, 2014). Unless changes are made, current protocol will continue to increase the number of aging inmates in prison in the coming decade. Male prisoners over age 65 were interviewed about coping with their prison experience (Crawley & Sparks, 2006). Most were either first-timers or were at the other end of the spectrum as lifers. The older first-time felons reported being anxious and depressed by how prison disrupted their former lives, particularly the ones who had family and spouses on the outside. Lifers, or men who had spent many years in prison, had not been on the streets in so long that they lost touch with the outside world and doubted their own decision-making capabilities. At this stage of life, many prisoners reported thinking about getting medical help in the middle of the night if needed, and dying in prison. The prisoners who were most enthusiastic about release were the one
Chapter 12.4: Arguements for and Against Capital Punishment Reading
Arguments for and Against Capital Punishment 12.4 Summarize the arguments for and against the use of the death penalty. One would be hard-pressed to find another criminal justice topic that occasions such passion as the death penalty. The subject has been debated on the basis of such topics as morality, deterrence, retribution, irrevocable mistake, cost comparison of death versus life imprisonment, discrimination by race and social class, and the quality of defense counsel available to capital crime defendants. A sampling of those topics is provided here. Deterrence The idea that people will be deterred from committing murder out of fear that they will be executed seems inherently logical and is the argument made in Figure 12-5. In fact, a belief that the death penalty provides a general deterrent is one of the oldest reasons for its use. Public executions were held to deliberately dissuade those who might be thinking about committing murder or some other capital crime of the time. But murder and other crimes continued, and the public executions themselves were often a stimulus to criminal behavior. Figure 12-5 Does the Death Penalty Deter? Figure 12-5 Full Alternative Text Description Even when the death penalty is carried out in a private setting, reason seems to suggest that it should deter persons from doing something for which they could be executed. That belief goes back to the logic of the classical school, in which people, such as Beccaria and Bentham (see Chapter 2), argued that under conditions of certainty, severity, and swiftness, punishment can effectively keep the rational person from committing a crime. Issues of certainty, severity, and swiftness are admittedly important, but an overriding matter is the assumption of rationality. Abolitionists (those favoring the abolition of the death
Chapter 12.4: Race and the Death Penalty Reading
As important as issues of gender and social class are, one of the most discussed areas of fairness and the death penalty deals with race and ethnicity (see Figure 12-7). Concern about the disproportionate minority-group representation in the criminal justice system has been present for years—and especially so in how the death penalty is applied. Traditionally, the bias has been recognized as relating to the offender's race and ethnicity; more recently, attention has turned to the victim's race and ethnicity. We look first at the offender's characteristics. Figure 12-7 Does Race Affect the Application of the Death Penalty? Figure 12-7 Full Alternative Text Description In a report on race and the death penalty, Amnesty International (1999) concluded that there is no evidence that current legal safeguards have eliminated racial bias in the application of the death penalty. The report notes that the potential for racial bias is linked to prosecutorial discretion because it is unreasonable to think individual prosecutors are not influenced by the racial divisions affecting American society. Spohn (2014) also suggests that discretionary decisions by prosecutors are a source of racial and ethnic disparity. The evidence of this is dated and not entirely consistent, but studies seem to reveal that race and ethnicity affect charging and plea decisions in both capital and noncapital cases. The racial/ethnic distribution on death row was as follows in January 2016 (NAACP Legal Defense Fund, 2016): 43% white 42% black 13% Latino/Latina 1% Native American 2% Asian Of persons executed since 1976 (NAACP Legal Defense Fund, 2016), the racial/ethnic distribution is as follows: 56% white 35% black 8% Latino/Latina 1% Native American 0.5% Asian Because the percentage of minorities being executed is less than it was before 1972—when mi
Chapter 9.2 Being Pregnant While Incarcerated Reading
Being Pregnant While Incarcerated A related problem with lack of contact between parents and their outside family is infants born to incarcerated mothers. Between 6 and 10% of women enter prison pregnant, but this is a conservative estimate, as only half of all state prisons screen for pregnancy at intake. Pregnant inmates are definitely in need of special care, so they are transferred to a facility that is located near a hospital, and one where they can receive a prenatal diet. Once she is in labor, the pregnant inmate is transported to a regular hospital off facility grounds to have her baby. A correctional officer remains with her the entire time, and in some states, she may be chained to the bed, even during labor. Shackling prison inmates during labor is a safety hazard to the women and their fetuses, and the American Civil Liberties Union (ACLU) is attempting to encourage states to pass policies that ban this practice (National Women's Law Center, 2010). The new mother may only get from a few minutes to a few hours to hold her baby, depending on its health. The mother is transported back to the jail or prison the same day after giving birth to minimize the security costs. Once the baby is ready to leave the hospital, prisons expect a temporary guardian or relative to pick up the newborn within 24 hours. If family members are unavailable or unwilling to accept the temporary custody and care of an infant born to a mother in jail or prison, the infant becomes a ward of the state (Sharp, 2003). Many incarcerated women fear losing parental rights and therefore encourage family members to take care of their children. Unfortunately, the fear of parental termination may result in a family placement that is unsafe and abusive for children (Sharp, 2003). Foster parents can be a short-term option, but in some states, there
Chapter 13.4: Blended Sentencing Reading
Blended Sentencing Comparing sentences of transferred juveniles is complicated by some states using creative alternatives that essentially mix juvenile and adult sentences. These blended sentences allow the court to impose either juvenile or adult sanctions, or a combination of these sanctions. In this manner, the blended sentence resembles transfer laws in that they define juveniles who may be treated as though they were adults (Snyder & Sickmund, 2006). Importantly, in all states where juveniles in juvenile court are at risk of receiving adult sanctions, those juveniles are entitled to the basic procedural rights afforded to criminal defendants (e.g., the right to a jury trial). When used in juvenile court, these juvenile blended sentences allow the juvenile court judge to impose both juvenile and adult sanctions on certain categories of serious juvenile offenders. In most of the states using juvenile blended sentencing, any adult sanction imposed is suspended and functions as a kind of guarantee of good behavior. If the juvenile cooperates, he or she will remain in the juvenile system; if not, he or she may be sent to the adult system (Griffin et al., 2011; Snyder & Sickmund, 2006). When juveniles are tried and convicted as adults, some states authorize their criminal courts to impose, under some circumstances, juvenile sentences that would ordinarily be available only to a juvenile court. In this way, juveniles who have left the juvenile system for criminal prosecution may be returned to it for sanctioning purposes (Griffin et al., 2011). These criminal blended sentences may be a combination of juvenile and criminal sanctions. If the resulting sentence involves incarceration, there are three common ways it can be implemented: Straight adult incarceration: Juveniles are sentenced and imprisoned as adults wit
Chapter 12.1: Capital Punishment Yesterday and Today Reading
Capital Punishment Yesterday and Today 12.1 Outline the history of capital punishment in the United States. The history of the death penalty in the United States is best understood by viewing it as two historical periods: the early period prior to 1972 and the modern period from 1972 forward. The distinguishing event was the 1972 U.S. Supreme Court decision in Furman v. Georgia (408 U.S. 238) that (as we see later) began the modern era of capital punishment. We cover these periods in a brief history of capital punishment. A Short History of Capital Punishment in the United States When British settlers came to the New World, they brought with them the practice of capital punishment. It had been a well-established punishment in England and during the sixteenth-century reign of Henry VIII (1509-1547), an estimated 72,000 men and women were executed for a variety of offenses. By the 1700s, more than 200 crimes were punishable by death in Britain, including stealing and cutting down a growing tree. Even into the 1800s, there were more than 100 crimes punishable by death (Death Penalty Information Center, 2016f; Kronenwetter, 1993). With that heritage, it is not surprising that the American colonies came to rely on capital punishment as well. The first recorded execution in the colonies was in 1608 in the Jamestown Colony of Virginia when Captain George Kendall was executed for being a spy for Spain. The death penalty could also be applied in Virginia during the early 1600s for such minor offenses as stealing grapes, killing chickens, and trading with Indians. In the mid-1600s, the New York Colony punished by death such crimes as striking one's mother or father (Death Penalty Information Center, 2016f). By the start of the American Revolution, the death penalty was used in all 13 colonies, with Rhode Island being the
Chapter 12.2: Capital Punishment and the Courts Reading
Capital Punishment and the Courts In the 1960s, there was a decline in the use of the death penalty and an unofficial moratorium meant no executions occurred in the United States from 1968 to 1977. The moratorium resulted from increasing legal challenges to the death penalty in the 1960s. During this moratorium, the states with death penalty statutes were unsure about the Supreme Court's view of the constitutionality of the laws, so they refrained from any executions. Their concern was well-founded because the Court's 1972 Furman v. Georgia decision held that the death penalty—as it was then being used—amounted to cruel and unusual punishment. Figure 12-4 highlights this and other key Supreme Court decisions related to the death penalty. The Furman Decision What is referred to as the Furman decision actually involved three cases, each with a black defendant, that the U.S. Supreme Court heard together: Furman v. Georgia, Jackson v. Georgia, and Branch v. Texas. Furman v. Georgia, however, is the cited case when reviewing the Court's decision. Furman, a 26-year-old black man with a sixth-grade education, tried to enter a private home at night. The homeowner surprised Furman while he was in the act of burglary. While trying to escape, Furman shot and killed the homeowner with one pistol shot fired through a closed kitchen door from the outside. At his trial, Furman said he accidentally tripped over a wire while backing away, causing the gun to fire. Prior to his trial, Furman was committed to the Georgia Central State Hospital for a psychiatric exam regarding his plea of insanity. Initially, the superintendent reported that the diagnostic staff had concluded that Furman's diagnosis was of mild to moderate mental deficiency, with psychotic episodes associated with the convulsive disorder. The physicians agreed that
Chapter 12.2: Capital Punishment and the Law Reading
Capital Punishment and the Law 12.2 Explain the legal provisions for capital punishment in the United States. The Eighth Amendment to the U.S. Constitution states that cruel and unusual punishments will not be inflicted. Unfortunately, for those preferring simple directions, the Constitution defines neither cruel nor unusual. But most constitutional scholars believe that the Founding Fathers intended to allow for the death penalty. Not only was capital punishment authorized in all 13 colonies, but there are also specific provisions in the Constitution that suggest the taking of life is possible (e.g., the Fifth Amendment's provision that no person shall be deprived of life without due process). But the ambiguous nature of the terms cruel and unusual and the Supreme Court's finding that the Eighth Amendment "must draw its meaning from the evolving standards of decency that mark the progress of a maturing society" (Trop v. Dulles, 356 U.S. at 101, 1958) have kept the topic of capital punishment at the forefront among social and legal issues. This section looks first at legal issues related to whom the death penalty applies to, and then it considers key court cases that have shaped how the death penalty is implemented. Entering Death Row To the surprise of some people (who, e.g., think all murderers should be subject to execution), the death penalty is reserved for only the most heinous crimes. Bohm (2003) notes that the U.S. Supreme Court has ruled that the death penalty should be limited to aggravated or capital murder. In fact, all executions since 1976 have been for murder with aggravating circumstances. Although there have been no executions since 1976 for crimes other than murder with aggravating circumstances, there are state and federal statutes that provide for the death penalty in cases other than those in
Chapter 12.1: Capital Punishment in the Modern Era
Capital Punishment in the Modern Era Watch Will Lack of Access to Execution Drugs Mean the End of Capital Punishment? Specifics of the U.S. Supreme Court decision that marked the beginning of the death penalty's modern era in the United States are covered in the later section "Capital Punishment and the Law." Suffice it to say that in 1972 the death penalty was placed in a limbo status as states tried to create death penalty statutes that the U.S. Supreme Court would find to be constitutional. Here, as we cover capital punishment's history, we concentrate on how the death penalty has been implemented during this modern era from 1972 to the present. Today, 31 states plus the federal government and the U.S. military have death penalty statutes. The most recent states to abolish the death penalty were Connecticut (2012), Maryland (2013), and Nebraska (2015). The map in Figure 12-1 shows that all 33 jurisdictions retaining the death penalty (except the U.S. military, which had its last execution in 1961) have held at least one execution since 1976. Statistics from the Death Penalty Information Center (2016e) show that through February 18, 2016, 1,429 executions took place in the United States since 1976. Texas, Oklahoma, and Virginia (in order) accounted for 53% of those executions. Of the persons executed during that period, 55% were white, 35% were African-American, 8% were Latino, and 2% were of another race/ethnicity. More than 80% of the executions have occurred in the South and less than 1% have taken place in the Northeast. The primary features of capital punishment's modern era concern legal challenges to the death penalty (as reviewed in the "Capital Punishment and the Courts" section), but a particularly interesting aspect of the period was a change in the method of execution. Figure 12-2 reviews methods of
Chapter 10 Introduction
Chapter 10 Reentry Programs and Parole Andrew Aitchison/Corbis Historical/Getty Images Learning Objectives 10.1 Describe the importance of reentry in reducing the challenges that prisoners face when they are released from prison. 10.2 Explain the benefits of education and vocational programs to inmates. 10.3 Outline the different forms of release from prison, including the evolution of parole. Former Governor is Now Ex-con Travis Spradling/AP Images Former Louisiana governor Edwin Edwards was released from federal prison in 2011 after having served over 8 years of a 10-year sentence for 17 counts on activities that included mail fraud, money laundering, extortion, and racketeering in how he awarded riverboat casino contracts while in public office. Edwards, who turns 90 in 2017, was a well-known political figure over a span of nearly three decades, including four terms as governor. Over the years, he was allegedly involved in gambling, bribery, corruption, and accepting illegal campaign contributions, but was acquitted of these charges in the 1980s. Federal charges resulted in a conviction in the late 1990s. As a part of Edward's mandatory supervised release conditions, he lived under home confinement and reported to a federal halfway house three times a week for six months (Scram, 2011). Edwards successfully completed his federal sentence in 2013 and has stated his intentions to run again for governor of Louisiana. However, Louisiana currently has a statute that bars convicted felons from running for public office until 15 years have passed since sentence completion and the individual has had no new convictions (O'Brien, 2013). Discuss If the number of years was reduced by the Louisiana legislature to allow former Governor Edwards to run for an election sooner, do you see this as a good idea? Why or why not?
Chapter 10 Review
Chapter 10 Review: Reentry Programs and Parole 10.1 Describe the importance of reentry in reducing the challenges that prisoners face when they are released from prison Reentry programs are directed at offenders who are within 3 to 12 months of release and assist with securing identification, locating housing, finding a job, remaining sober, and making healthy decisions. Review Questions Should the Second Chance Act be reauthorized by Congress? Why or why not? What else can we do to help former offenders who are released from prison? Make a list of as many ideas as you can think of that might help. Key Terms reentrySecond Chance Act 10.2 Explain the benefits of education and vocational programs to inmates Educational programs in prison include literacy and basic education, obtaining a GED, and some college programs. Recidivism is reduced as a result of involvement in educational programs while incarcerated. Although literacy and GED programs are abundant, few college opportunities exist for prisoners. Vocational programs are available for inmates who have at least a GED, but fewer choices exist for women than for men. Studies that have tracked inmates to see if vocational programs increased success found vocational programs to be less successful than traditional education programs in this regard. Review Questions Should prisoners receive financial aid or scholarships to attend college classes while incarcerated? Why or why not? In order to qualify for vocational training programs, discuss the pros and cons of requiring inmates to have a GED or diploma as a prerequisite. Key Term test for adult basic education (TABE) 10.3 Outline the different forms of release from prison, including the evolution of parole Review Questions Should prerelease centers be expanded in the community? Argue for or against your choice. Would yo
Chapter 11 Introduction: Legal Issues In Corrections
Chapter 11 Legal Issues in Corrections trekandshoot/Shutterstock Learning Objectives 11.1Outline the development and sources of prisoners' rights. 11.2Discuss the issues associated with prisoners' rights in terms of their access to courts and religion. 11.3Describe how inmate litigation is limited. 11.4Summarize the issues associated with the loss of civil rights. 11.5Explain the ways civil rights can be restored and collateral consequences mitigated following a conviction. Deciding What's Right Oklahoma City bombing conspirator Terry Nichols is serving a life sentence at the Federal Administrative Maximum prison in Colorado for conspiracy and involuntary manslaughter in the 1995 bombing of the Alfred P. Murrah Federal Building. In 2009, Nichols filed a lawsuit claiming his constitutional rights were being violated because the prison food did not meet his medical and religious needs. He claimed to need a fiber-rich diet of whole-grain foods, bran products, and unpeeled and uncooked fruits and vegetables. Nichols argued that not only does he have a medical condition requiring such a diet, but his Christian belief is that God created our foods to be consumed in their whole unrefined state. In 2010, a federal judge ruled his claims to be invalid, saying that Nichols did not prove his diet constituted cruel and unusual punishment nor did he offer proof that it violated his Christian beliefs (Doucette, 2010). Lyralisa Stevens is one of more than 300 inmates in the California state prison system diagnosed with gender identity disorder. This psychiatric condition is treated with hormone replacement therapy and, in some cases, sex reassignment surgery. Stevens was born male but lives as a female. She is serving 50 years to life for killing a woman in a dispute over clothes. In a 2011 lawsuit, Stevens asked the court to requir
Chapter 11 Review: Legal Issues in Corrections 11.1 Outline the development and sources of prisoners' rights
Chapter 11 Review: Legal Issues in Corrections 11.1 Outline the development and sources of prisoners' rights Rather than taking an extreme position of constitutional rights being either totally lost or all retained upon entering prison, the courts have tried to determine what rights can be compatible with the goals of the prison administration. When making that determination, courts turn to a variety of sources, including state constitutions and laws passed by federal and state legislators; but prisoners' rights are primarily found in the U.S. Constitution, including the Bill of Rights, and the Civil Rights Act. Courts have responded differently over the years to inmate claims as they moved from an early "hands-off" position that essentially let prison officials make decisions without interference from the courts to a period when the courts were very much involved in deciding how prisons should operate to a current position wherein the courts are more likely to defer to the reasonable assessment of prison officials as to what rights may require violation. Review Questions Identify and explain at least three important prisoners' rights cases. How would you describe to a layperson what is meant by the phrase "cruel and unusual punishment"? Explain the Fourteenth Amendment's due process clause and its equal protection clause. Give examples of how both have been used in prisoners' rights cases. What are civil rights and how do they relate to prisoner claims? List and explain the three eras of judicial involvement in prison administration. Key Terms rights-are-retained position rights-are-lost position writ of habeas corpus post facto law incorporation due process clause equal protection clause civil rights Section 1983 claim 11.2 Discuss the issues associated with prisoners' rights in terms of their access to c
Chapter 12 Introduction: Capital Punishment:
Chapter 12 Capital Punishment Epa european pressphoto agency b.v./Alamy Stock Photo Learning Objectives 12.1Outline the history of capital punishment in the United States. 12.2Explain the legal provisions for capital punishment in the United States. 12.3Describe the characteristics of death-row prisoners and explain how some leave death-row without being executed. 12.4Summarize the arguments for and against the use of the death penalty. 12.5Discuss the influence of public opinion on the death penalty. Letting the Murder Victim's Family Speak On February 18, 2011, the Lakeland (FL) Ledger read, "Jurors Cry as Victim's Son Testifies in Leon Davis Murder Trial." The story went on to explain how several jurors dabbed at tears as 11-year-old Damon Lugo told them how lonely and sad his family was now that his mother was gone. Damon explained that they were a happy family of four but now a lonely and sad family of three (Schottelkotte, 2011). Just a few days earlier, the same jury had found Leon Davis, Jr., guilty of murdering Yvonne Bustamante, Damon's mom. The jury was now in the penalty phase and was hearing testimony from both victim and offender family members. The opportunity to speak during the penalty phase of a capital trial is provided as a way for jurors to hear thoughts and feelings that would not have been allowed during the trial. The U.S. Supreme Court (Payne v. Tennessee, 501 U.S. 808, 1991) recognized that victims have rights in criminal cases—including the right to explain how a crime has affected their lives. In murder cases, the victim's family is allowed to tell about the victim and about the harm caused by the offender. A concern expressed by some is that allowing these victim impact statements in capital cases could arouse the emotions of jurors and bias them in favor of imposing death. A study by Pat
Chapter 12 Review
Chapter 12 Review: Capital Punishment 12.1 Outline the history of capital punishment in the United States Following the British lead, American colonists relied on capital punishment as a primary punishment for criminal offenders. However, in the 1800s capital punishment began falling out of favor and by the 1940s it was used less frequently. In 1972, the death penalty was declared unconstitutional as it was then used and there was a moratorium on American executions until 1976 when new death penalty statutes were approved by the U.S. Supreme Court. Today, the death penalty is authorized in 32 states plus the federal government and the U.S. military. All those jurisdictions use lethal injection as their primary method of execution. Review Questions Both corporal and capital punishment were once the norm in America. Corporal punishment (e.g., whipping, branding, and the stocks) is no longer practiced but capital punishment is. Why? What event distinguishes the early and modern eras of capital punishment in the United States? What were the popular methods of execution during the early era of capital punishment in the United States? In which area of the country are the states less likely to have death penalty statutes? Why? 12.2 Explain the legal provisions for capital punishment in the United States Although the Eighth Amendment prohibits cruel and unusual punishment, neither cruel nor unusual is defined in the Constitution, and the U.S. Supreme Court has determined that the terms must be considered in the context of evolving community standards. This means legal challenges to the death penalty are constantly heard by the courts. Some of those challenges focus on to whom the death penalty can apply and others center on the procedures to be used when applying it. As a result, today the death penalty may be used in cases of
Chapter 13 Introduction
Chapter 13 Juvenile Corrections Tyrone Turner/BlackStar/Newscom Learning Objectives 13.1 Outline the development of the juvenile justice system. 13.2 Explain the age limits and types of offenses handled in the juvenile justice system. 13.3 Describe the juvenile court process and the characteristics of juvenile offenders. 13.4 Explain the procedures by which juveniles can be tried as adults in criminal court. 13.5 Describe community-based treatment programs for juvenile offenders. 13.6 Describe juvenile residential facilities and the treatment programs available in them. 13.7 Summarize the issues confronting juvenile corrections. From Jail to Yale You may know Charles Dutton from his television or movie roles (e.g., Roc or Gothika). What you may not know is that this respected and award-winning actor and director was sent to a juvenile reform school at age 13. When he was 17, he was convicted of manslaughter and sentenced to five years' imprisonment in the Maryland State Prison. He was released on parole, but after only a few months he returned to prison for possession of a handgun. During that return, he hit a correctional officer when a riot broke out and an additional eight years were added to his sentence. Dutton's life began taking a more positive direction when he read a play while he was doing time in solitary confinement for refusing to clean toilets. The play sparked his interest in acting and he began participating in a prison drama program. While still in prison, he received his General Education Development (GED) degree and then an associate's degree in theater. After his release from prison, he earned a bachelor's degree in theater from Towson State University, and then went to Yale University's School of Drama for graduate work. In 2009, Dutton and several other former juvenile offenders who went on to b
Chapter 13 Review: Juvenile Corrections
Chapter 13 Review: Juvenile Corrections 13.1 Outline the development of the juvenile justice system The country's first juvenile court was established in 1899 in Cook County, Illinois. The court's philosophy was based on the English concept of parens patriae, which meant that the court was considered to be the ultimate parent of all minors. In that role, the juvenile court came to have both a care function and a control function over children and adolescents. Review Questions What is meant by the age-crime curve concept? Do you accept the legitimacy of the concept of parens patriae? Why or why not? What is meant by the statement that the juvenile court has both a care and a control function? Key Terms age-crime curveparens patriae 13.2 Explain the age limits and types of offenses handled in the juvenile justice system The states vary in terms of the age for which their juvenile court has jurisdiction over juveniles, but the most typical oldest age is 17—that is, adult court starts on the defendant's 18th birthday. Although the juvenile court will hear cases in which the juvenile is more a victim than an offender (e.g., cases of neglect or abuse), the court's control function requires it to also hear cases involving certain behavior by juveniles. The types of behavior that can result in a juvenile court appearance include some actions that are perfectly acceptable when done by an adult (e.g., purchasing and using alcohol) and other offenses that would be criminal had they been done by an adult. Review Questions What is the youngest "age limit" for juvenile court jurisdiction in the United States? Many states exclude married juveniles from juvenile court jurisdiction even if they are at an appropriate age for juvenile court. Do you agree or disagree with that exclusion? Why? What term is used for cases brought to the j
Chapter 13.1: Development and Operation of the Juvenile Justice System Reading
Chapter 13.1: Development and Operation of the Juvenile Justice System Reading Development and Operation of the Juvenile Justice System 13.1 Outline the development of the juvenile justice system. A separate system of juvenile justice did not appear in the United States until 1899, when the first juvenile court was established in Cook County (Chicago), Illinois. Other communities had made informal movements to respond differently to juvenile offenders before Cook County's formal action, but the Cook County juvenile court clearly became the model around the country. The court was established to provide for both the care and control of juveniles. The court's "care" function was based on the concept of parens patriae, which is the idea that the court is the ultimate parent of all minors, and therefore has final responsibility for its younger citizens. This philosophy came from the English system wherein children who were not receiving proper parental care could be brought before the Chancery Court. That court was concerned with protecting the property rights of juveniles and with a child's general welfare. It was with this philosophy in mind that the Illinois legislators gave the juvenile court concern for, and authority over, a child's welfare. In this manner, children deemed in need of supervision—those who are dependent, neglected, or abused—are taken to the juvenile court, which has incorporated the old English Chancery Court care functions. The need to control misbehaving young people was a second function of the new juvenile court. Prior to the court's establishment, there was no age distinction (in Chicago or anywhere else in the country) as to how younger and older defendants were treated—everyone accused of a crime was handled in the regular criminal justice system. As far as the criminal courts were conce
Chapter 14 Review: Revisiting Evidence-Based Practices and What Works
Chapter 14 Review: Revisiting Evidence-Based Practices and What Works 14.1 Summarize evidence-based practices that work in corrections to reduce recidivism Prison is recommended for those individuals who pose the highest risk to public safety and is more appropriate for sentences of five or more years. Probation and community-based supervision are more effective for shorter sentences less than five years, and when paired with rehabilitation programs, such as drug treatment, vocational training, and cognitive-based interventions. The principles of effective intervention include establishing rapport, positive reinforcement for offenders, accurately measuring risk and needs, targeting criminogenic needs, using cognitive-behavioral methods, reentry, and graduated sanctions. Correctional interventions that are less effective involve long-term "lock 'em up" punishments without treatment, approaches based on fear and discipline, and those that provide little direction for offenders. In this age of uncertain budgets and economic shortfalls, estimating the costs and benefits of reduced crime from these programs is as important to implementing what works as it is to deciding which programs should be funded. Review Questions Are offenders getting exposed to enough correctional interventions to adequately change their path? EBP in corrections seems to focus entirely on offenders and seems to ignore victims in this process. How can EBP be explained or sold to victims or victims' rights groups so that they will support EBP? How can correctional budgets be decreased without compromising institutional safety and public safety? 14.2 Articulate how the corrections system can become "Smart on Crime. Recommendations for the federal system include allowing each district to identify crime problems, reduce sentences for drug offenders withou
Chapter 14 Introduction: Chapter 14 Revisiting Evidence-Based Practices and What Works
Chapter 14 Revisiting Evidence-Based Practices and What Works Pressmaster/Shutterstock Learning Objectives 14.1Summarize evidence-based practices that work in corrections to reduce recidivism. 14.2Articulate how the corrections system can become "Smart on Crime." Is a National Criminal Justice Commission Necessary to Make System-Wide Changes? In 2015, then Michigan Senator Gary Peters reintroduced a bill in the Senate judiciary committee to create a bipartisan 14-member president's commission to examine the criminal justice system as a whole—what works, what does not work—and to make specific policy recommendations for the future. The bill was initially introduced back in 2009 by Senator Webb of Virginia. If passed, the "National Criminal Justice Commission Act" would authorize members to be appointed by the president and members of the House and Senate. Over an 18-month period, the commission would examine issues such as the over-incarceration of nonviolent and drug offenders, prison violence reduction, reentry programs, treatment of the mentally ill in the system, transnational crime, prison gangs, and drug cartels. The only time a comprehensive study of the criminal justice system was ever commissioned by Congress was in 1965 when Congress authorized President Johnson's Commission on Law Enforcement and the Administration of Justice. This commission released its final report as a publicly available book entitled "The Challenge of Crime in a Free Society" and it was the impetus for dramatic changes in the criminal justice system for the next two decades. These changes included minimizing pretrial detention for defendants prior to conviction, installing call management and arrest records systems tied to 911 in every police department, installing mainframe computers in every courthouse to process cases, and increas
Chapter 8 Introduction
Chapter 8 Prison Life Thinkstock/Stockbyte/Getty Images Learning Objectives 8.1Discuss the evolution of prison norms and the changes in mainstream prison culture. 8.2Explain the benefits and challenges of assigning jobs to incarcerated inmates. 8.3Compare and contrast prison gangs and play families in terms of their structure, purpose, and management. 8.4Discuss the incidence of sexual assault and violence in prisons. Sexual Misconduct of Prison Staff and Inmates In 2015, a New York correctional officer named Joyce Mitchell helped inmates David Sweat and Richard Matt escape from the Clinton Correctional Facility by smuggling hacksaw blades inside frozen meat. Mitchell was having a sexual relationship with Matt, who used charm and flattery to convince her to smuggle in tools and then, after a series of months, directed her to pick up both escapees. When Mitchell refused to pick them up for fear that the escapees would kill her and her husband, the two men lived as fugitives in cabins in a wooded area for three weeks before one was captured and the other killed. Mitchell was sentenced to seven years in prison and ordered to pay over $100,000 in restitution (Morgenstein, 2015). A similar situation occurred in 2016 when a part-time teacher named Nooshafarian Ravaghi, who taught English as a second language, aided in the escape of three men from the Orange County Jail in California. The prison teacher was convinced to bring in maps and tools for one of the inmates with whom she was having relations (Winton & Queally, 2016). The inmates rappelled four stories down the outside of the building, but were eventually caught within eight days. In that same year, 46 former and current correctional officers from 11 different Georgia prisons were arrested in a two-year FBI undercover sting that involved drug trafficking and contraba
Intro To Criminal Justice LEJ 104 Chapter 8 Review Prison Life
Chapter 8 Review: Prison Life 8.1 Discuss the evolution of prison norms and the changes in mainstream prison culture Prisoners are primarily young men who lack skills and education. Women account for a disproportionately small group of offenders compared to men, but are still growing at a greater rate. Non-U.S. citizens and aliens, detained in special ICE units, now comprise one out of four federal prisoners. The norms and values of the inmate subculture are the result of a combination of losses inherent in prison conditions and importation of street norms and behaviors that represent the code of the streets. The elements of prison life that define the incarceration experience include socialization, the inmate code, language, group membership, working a job, disciplinary reports, and involvement in the sub rosa economic system. Review Questions Why do prisoners tend to come from impoverished communities, and why do they lack education? How would a new prisoner best learn the ropes of prison life without getting victimized in the process? Are there ways that staff members can influence or change the inmate subculture? If so, how? If not, why not? Which theory (deprivation or importation) best explains the sub rosa economy? Which theory (deprivation or importation) best explains women's play families? Why? Key Terms disproportionateBureau of Prisons (BOP)prisonizationinmate subcultureBig Housetotal institutiondeprivation modelimportation modelinmate codeprison argot or "prison-proper"playerssquaressnitchespunksfish 8.2 Explain the benefits and challenges of assigning jobs to incarcerated inmates Most prisoners are assigned to work a part-time maintenance job, and have the opportunity to attend school or other programs. Working life closely resembles outside society for only a chosen few prisoners who work full-time in pr
Chapter 9 Review: Special Correctional Populations
Chapter 9 Review: Special Correctional Populations 9.1 Summarize prison treatment programs that address the differences among sex offenders Rehabilitation requires offenders to admit that something within themselves needs to be changed and then to be open to redefining what those new values and possibilities might be. Some treatment programs address offender needs that require specialized treatment, such as for sex offenders. Other treatment programs prepare inmates for community reentry by teaching new skill sets. Sex offenders are a heterogeneous group with different motivations, thinking patterns, targeted victims, and personality styles. The three main types are rapists, child molesters, and incest offenders. Sex offender treatment programs use multiple regimens that include cognitive behavioral therapy to address thinking errors and minimization, victim empathy, polygraphs, and aversive conditioning. For child molesters and incest offenders, medication to decrease libido is imperative. Long-term treatment and medication regimens of sex offenders can significantly reduce rearrest rates after release. Review Questions What kind of staff qualifications (educational background, practical experience, type of person, personal characteristics, etc.) might be most effective for in-prison sex offender treatment? Research the term "chemical castration." What is your view on chemical castration as an alternative treatment regimen for sex offenders? What other types of thinking errors are typical with criminal offenders? Key Terms thinking errorssex offensesaversive conditioningantiandrogensselective serotonin reuptake inhibitors 9.2 Describe the alternatives that pregnant mothers have once they give birth to their babies while incarcerated Most incarcerated parents will resume custody of their children when released, so cont
Intro To Criminal Justice LEJ 104 Introduction
Chapter 9 special correctional Populations Mikael Karlsson/Alamy Stock Photo Learning Objectives 9.1 summarize prison treatment programs that address the differences among sex offenders. 9.2 describe the alternatives that pregnant mothers have once they give birth to their babies while incarcerated. 9.3 explain the issues caused by the growth in the number of prisoners who have special health care needs. Was the Sentence Appropriate for This Student for a First-Time Misdemeanor Sex Offense? Owen Labrie was looking forward to his upcoming graduation from St. Paul's, an elite private preparatory school in New Hampshire. As captain of the soccer team, Labrie was a well-known and popular student. He was looking forward to attending Harvard University in the fall on a scholarship. On the surface, the 18-year-old had everything going for him. However, Labrie's Harvard plans and scholarship were canceled when he was accused of raping a 15-year-old classmate. Labrie took his case to a jury trial. At the trial, the jury heard about a twisted tradition at St. Paul's that Labrie and his friends called "senior salute," which involved high school senior males engaging in sex with younger female classmates before graduation. Labrie posted his list of sexual conquests on social media and used derogatory terms to refer to his conquests. Using the computer to communicate, he attempted to lure a fellow classmate. When the female victim, age 15, initially turned him down, he referred to her in an angry message as a "slut" and "dumb cum-bucket" (Bidgood, 2015). He later convinced the same victim to go with him to the rooftop of a school building and they engaged in sexual intercourse, which Labrie boasted about on social media but later denied at the trial (and which the victim said was nonconsensual). Although Labri
Chapter 12.3: Characteristics of Death-Row Prisoners
Characteristics of Death-Row Prisoners 12.3 Describe the characteristics of death-row prisoners and explain how some leave death‑ row without being executed. Based on the review of legal issues related to capital punishment, we know some of the characteristics of persons who are on death row in America. Basically, they are offenders who have been convicted of first-degree murder with aggravating circumstances, who are neither mentally ill nor intellectually disabled, and who were at least age 18 when committing their crime. Actually, there are questions as to whether persons who have been executed may have been mentally ill or intellectually disabled. In their review of 100 recent executions, Smith, Cull, and Robinson (2014) found that most of the executed offenders suffered from intellectual disability, borderline intellectual functioning, traumatic brain injury, or were diagnosed with or showed symptoms of mental illness. That these people were still executed speaks to the variability among jurisdictions regarding the identification of mental illness and intellectual disability. The Atkins v. Virginia decision barred states from executing persons with mental disabilities, but the Court left it to the states to determine who qualified. Florida, for example, set an I.Q. score of 70 as the cutoff—persons scoring 70 and over could be executed. Florida inmate Freddie Lee Hall (whose I.Q. had been measured various times at 71, 73, and 80) challenged that standard as inappropriately inflexible (Liptak, 2014). In Hall v. Florida (2014), the U.S. Supreme Court agreed and ruled that states cannot rely solely on a fixed I.Q. score to determine death eligibility. The extent to which that ruling affects executions remains to be seen. Looking at demographic characteristics, we find that most (51%) of the state priso
Chapter 11.4: Civil Disabilities and Other Postconviction Sanctions Readings:
Civil Disabilities and Other Postconviction Sanctions 11.4 Summarize the issues associated with the loss of civil rights. Walter Mosley's fictional character Socrates Fortlow is an ex-con trying to readjust to life on the streets. At one point, Socrates exclaims that just because a guy's no longer in prison that doesn't mean he's free. That sentiment is shared by many released inmates who find that opportunities are blocked because of their ex-con status. In many jurisdictions, persons convicted of a felony lose some of their civil rights, meaning that they are not legally full citizens even after finishing their sentence. That status hinders full reintegration and contributes to recidivism. The sanctions imposed on convicted felons after serving time are discussed in this section. These sanctions are defined as "civil" rather than criminal in nature and as "disabilities" rather than punishments. Under early English common law, a convicted offender might, in addition to his sentence, lose all his civil rights and have to forfeit his property. As a result of this civil death sanction, offenders forfeited all rights and privileges of citizenship, including things such as the right to enter into a contract (even marriage) or the right to sue. They were, in other words, civilly dead. Today, criminal offenders are more likely to suffer civil disabilities—that is, partial rather than absolute loss of civil rights—and, in this sense, are more civilly disabled than civilly dead. States and the federal government impose these civil disabilities in ways that can affect offenders both during incarceration and after release. The disabilities that continue to affect the offender after release from prison are the concern of this section.
Chapter 14.1: Cognitive Behavioral Treatment Reading
Cognitive-Behavioral Treatment Changing offender attitudes and behaviors through treatment is one of the main goals of the correctional system that is tied to EBP. However, not all treatment programs are equally effective. The most effective type of treatment for offenders is the cognitive-behavioral approach, in that it assumes that behavioral change can only come about through the understanding that there are errors in the way offenders think about certain issues, such as the thought that violence is the way to resolve disagreements with another individual (Lipsey & Cullen, 2007). Cognitive-behavioral treatment can take place in prison, in residential community programs, or in outpatient community programs. Prison-based EBP treatment programs have been found to benefit prisoners by changing their behavior and reducing misconduct while they are still incarcerated (French & Gendreau, 2006). Community-based substance-abuse treatment in lieu of prison for drug-using offenders can save a significant amount of money and reduce criminal justice costs in the long term (Zarkin et al., 2015). Therapeutic communities (TCs) use cognitive-behavioral treatment methods for drug addicts and people who have both an addiction and a mental health disorder. TC graduates had lower recidivism rates, less drug relapse, and greater improvements in mental health particularly if they received aftercare following the residential phase (Magor-Blatch, Bhullar, Thomson, & Thorsteinsson, 2014; Sacks, Chaple, Sacks, McKendrick, & Cleland, 2012). Cognitive-behavioral treatment for offenders while on community supervision is also important for change. The type and duration of treatment are more important to recidivism reduction than the probation supervision itself (intensive, regular, or electronic monitoring). More specifically, a treatment that
Intro To Criminal Justice LEJ 104 Chapter 8.3 Collective Behavior Reading
Collective Behavior 8.3 Compare and contrast prison gangs and play families in terms of their structure, purpose, and management. In prisons, like anywhere else, people tend to seek out others with whom they have something in common and from whom they can expect support. There are opportunities to join religious groups, such as Bible study groups and choir. There are athletic leagues that have organized teams that play basketball, volleyball, or flag football, for example. There are chess clubs and groups such as Alcoholics Anonymous that address addiction. These groups are allowed by the prison because they aid in the prisoner's self-development, and they keep prisoners busy. Another reason to be part of a crew is for self-protection. Ross and Richards (2002, p. 133) observed that in some prisons "you absolutely need to affiliate with a group that will protect you. The loners, the people without social skills or friends, are vulnerable to being physically attacked or preyed upon." We begin first by discussing men's prison gangs, and then we discuss groups in women's institutions. Prison Gangs and Security Threat Groups Watch Prison Gangs and Security Threat Groups by State Growth of prison gangs throughout the 1960s and 1970s was closely tied to racial conflicts among African-American, Latino, and Caucasian prisoners and the instability caused by the ending of the building tender system. With the dismantling of the convict subculture, Latino prisoners saw potential early on for using gangs to control the drug economy in prison and, at the same time, protect them from being victimized by outsiders (Irwin, 1980). As the numbers of Latino gang members increased and became a perceived threat, black and white prisoners responded by creating their own groups. In the 1980s and 1990s, gangs continued to recruit state-raised y
Chapter 10.3 Community Corrections in Reentry reading
Community Corrections in Reentry 10.3 Outline the different forms of release from prison, including the evolution of parole. Community corrections programs were discussed in detail in Chapter 5. Many of these programs are vitally important for persons being released from prisons or jails. The community-based programs that are most often used in the reentry process include residential community corrections facilities (halfway houses and prerelease centers), outpatient substance-abuse relapse-prevention aftercare programs, day reporting centers, electronic monitoring/global positioning devices, and reparation boards. Instead of repeating material here (refer back to Chapter 5 for descriptions of each program if needed), we will discuss a few ways that these programs are applied to reentry. Prerelease Facilities First, when a prisoner is getting ready for release, he or she is typically transferred to a minimum-custody facility either within the department of corrections (still considered prison-based) or to a facility in the community (prerelease center). A prerelease center is a minimum-security step-down facility that houses either prisoners who have not yet been granted parole or prisoners who have met with the parole board and been promised a future parole date if they can successfully complete 6-12 months in a community-based facility. Prerelease facilities that are prison-based or community-based centers grant furloughs. A furlough is an authorized temporary overnight leave of absence from 24 to 72 hours. Acceptable reasons for a furlough include seeking postrelease employment or housing, attending funerals, or simply establishing community contacts and maintaining family ties. About 5% of all prerelease prisoners received at least one furlough while at a minimum-security facility. Of the ones approved for a furlou
Chapter 13.5: Community-Based Responses to Juvenile Offenders Reading
Community-Based Responses to Juvenile Offenders Reading 13.5 Describe community-based treatment programs for juvenile offenders. Watch A Jury of Your Peers: Teen Courts for Juvenile Offenders Several community-based programs for juvenile offenders exist for all offense types. As you will recall from Figure 13-3, most of the formally processed (petitioned) cases result in probation; but even quite a few of those that are informally processed (nonpetitioned) will also result in probation (called informal probation in these cases). Especially in the formally processed probation dispositions, there will also be accompanying requirements such as drug counseling, weekend confinement, or community service. The structure of juvenile probation and the work of juvenile probation officers are very similar to those of adult probation, so they do not need elaboration here. However, brief mention of some successful programs is useful. One interesting program has the juvenile's age peers providing an alternative to formal juvenile court proceedings. In McKeiver v. Pennsylvania, the U.S. Supreme Court found no constitutional requirement to a trial by jury in juvenile court. But the justices went on to say that individual states should be free to experiment and may install a jury system or use an advisory jury to assist the judge. Some states have taken advantage of that offer (National Juvenile Defender Center, 2014). In Massachusetts and Texas, youth are tried by jury in delinquency cases unless the child files a written waiver, but in other states the juvenile's right to a jury trial is considered waived if not demanded (e.g., Montana and New Mexico). In Michigan, youth have a right to a trial by jury if requested by a person interested in the hearing or by action of the court. More frequently, states have chosen to experim
Chapter 14.1: Cost Savings Best Practices Reading
Cost Savings Best Practices Now that we have a clearer idea of what correctional interventions work and what does not work, a prudent step is to factor in best practices to increase the crime reduction benefit compared to the cost to administer the program. We begin with figuring the costs of incarceration, which are shown in Figure 14-2 as rough estimates. The cost of incarceration varies widely according to the cost of living in the area and also according to the security level of the prison (cost is lower for minimum security and nearly doubles for maximum security). Check Your Understanding Figure 14-2: Cost of Prison Compared to Probation About $12 million is needed each year to keep one correctional facility operational. Figure 14-3 shows how that $12 million is allocated—exactly where the money goes. Nearly two-thirds of a corrections budget pays for staff members' salaries, wages, and benefits. With better facility layouts, popular-style designs that utilize less staff, and installing technology and electronic surveillance to replace personnel, a significant amount of money can be saved each year. Check Your Understanding Figure 14-3: Allocation of State Prison Expenditures The entire criminal justice system (police, courts, and corrections combined) comprised about 8% of all state and local government spending, which was about the same amount spent on health care and hospitals (Kyckelhahn, 2013). The corrections system alone represented about 1.6% of local government and between 1.9 and 3.3% of state government spending. With a less stable economy, the decline in tax-based revenues, and increases in health care costs, the amount spent on criminal justice is predicted to decrease. States must either raise taxes or reduce spending through program cuts and hiring freezes for state institutions, such as police
Chapter 13.3 Due Process and Juveniles Reading
Due Process and Juveniles The juvenile court was established without adversarial proceedings wherein a prosecutor tries to prove the defendant's guilt and the defense works to assure that the defendant has all the required legal protection. The absence of adversarial proceedings meant that due process protections for the juvenile were not really needed. After all, because the prosecution, defense, and judge were all looking out for the juvenile's rights and interests, why clog things up with procedural trappings? As a result, the juvenile court developed into a rather informal proceeding with a goal of treating rather than punishing the misbehaving juvenile. Concern about the lack of procedural protection for juveniles did not attract much public or judicial attention until the 1960s. The U.S. Supreme Court had taken the position that the juvenile court's rehabilitative rather than penal philosophy made it an exception to the procedural guidelines of the Constitution. As Justice Blackmun said, "If the formalities of the criminal adjudicative process are to be superimposed upon the juvenile court system, there is little need for its separate existence" (McKeiver v. Pennsylvania, 403 U.S. at 551, 1971). But by the mid-1960s, it was becoming evident that in the name of treatment, juveniles were subjected to essentially the same punishments as were adult defendants. In 1966, the U.S. Supreme Court heard the case of Gerald Gault, a 15-year-old who was taken into custody by Arizona authorities on the charge of making a lewd phone call (he was accused of asking a female neighbor, "Do you have big bombers?"). Gerald was eventually committed by the juvenile court to the State Industrial School until he reached age 21. Had Gerald been an adult making similar phone calls, Arizona law provided for a maximum penalty of a $50
Chapter 10.2 Education and Vocational Skills in Reentry Preparation
Education and Vocational Skills in Reentry Preparation 10.2 Explain the benefits of education and vocational programs to inmates. Many students reading this book have learned how to set educational goals and reach them incrementally through taking classes part time or full time. Getting a degree is not instantaneous—it takes time, effort, and sacrifice. In comparison to college students, most former prisoners "remain largely uneducated, unskilled, and usually without solid family support systems—and now they have the added burden of a prison record and the distrust and fear that it inevitably elicits" (Petersilia, 2002, p. 154). According to national statistics (Glaze & Maruschak, 2008), about 4 in 10 of all adult inmates in jails and prisons had not completed high school nor received the equivalent General Education Development (GED). In addition, a disproportionately high number of prisoners (20%) and jail inmates (30%) have a cognitive learning disability (Bronson, Maruschak, & Berzofsky, 2015). Being behind academically seems to start early. Juveniles who got into trouble with the law had significantly more problems in all areas of math, reading, and written and oral language skills than did juveniles who had never been in trouble. The lack of education, coupled with disabilities, makes it very difficult to find a well-paying job, and explains why other sources of income may be needed to make ends meet (see Table 10-1). Think about what it would be like to live in poverty without setting or reaching goals and yet not having the skills or motivation to improve your life the "slow" way. Instead, individuals with learning or speech disabilities lose interest and eventually drop out of school. Other reasons for leaving school early include behavioral problems, family or personal problems, socioeconomic difficulties
Chapter 12.4: Fairness Reading:
Fairness Watch How Does the U.S. Compare with Other Countries? Several issues are raised when discussing the fairness of the death penalty. Many of those issues are based on statistics that show the death penalty applying most often to men, disproportionately to African-Americans and Latinos, and invariably to poor defendants. Women, Caucasians, and rich people also commit capital crimes, but they have not been executed quite as regularly. Regarding fairness and gender, it is clear that the death penalty has been applied to both men and women throughout history and across cultures. There have been, however, a few capital crimes for which females were more frequently targeted. Dobash, Dobash, and Gutteridge (1986) point out that at times in history, women have been subjected to more severe punishments for the same offense as men. During the Middle Ages, women could be burned to death for adultery or murdering their spouse, but adultery was sometimes not even considered an offense for men. Even when there was equity in the death sentence, the means of execution was often hanging for men but burning (presumably a more agonizing death) for women. The charge of witchcraft, for example, was applied primarily to women who, presumably with the help of Satan, harmed people, animals, and things. Witchcraft aside, women have not been executed in the United States as often as their number on death row suggests they could be. Women account for about 2% of all death sentences imposed in the United States. But rather than comprising 2% of the persons executed, women make up about 1% of the total. Since 1976, 16 women have been executed in U.S. jurisdictions—6 in Texas, 3 in Oklahoma, 2 in Florida, and 1 each in Alabama, Arkansas, Georgia, North Carolina, and Virginia (Death Penalty Information Center, 2016g). In 2004, the American
Chapter 8.1 Federal Prisoners
Federal Prisoners Individuals who have committed a serious federal offense are under authority of the Bureau of Prisons (BOP). Examples of federal (and state) offenses are depicted in Figure 8-2. Federal offenses include drug trafficking/distribution, kidnapping, bank robbery, weapons offenses, bribery, fraud, and extortion. Federal prisoners comprise 9% of all prisoners held in the United States. As of 2016, there were about 195,000 federal offenders; 93% were in a prison and 7% in a community-based or other short-term residential facility (Federal Bureau of Prisons, 2016). The BOP inmate population is changing in composition as well as in number. Although drug offenders still account for half of all federal offenses, more than one out of every four federal prisoners was not a U.S. citizen. BOP prisoners who were non-U.S. citizens had citizenship in Mexico, Colombia, the Dominican Republic, or Cuba (Federal Bureau of Prisons, 2016). Some non-U.S. citizens were convicted of felony crimes for which they must serve time before being deported. Others were detained longer in an Immigration and Customs Enforcement (ICE) facility, to investigate suspected roles in human trafficking, illegal drug distribution, and identity fraud. Some offenders are detained because of repeat immigration offenses, such as arriving without proper documents or overstaying a visa. Immigration offenses comprised 11% of all federal offenses.
Field Parole Officers and Supervision Reading
Field Parole Officers and Supervision Watch Parole Officer Supervision and Discretion in Revoking Parole Once the eligible offender is granted a release date on mandatory or discretionary supervision, a field officer must verify the release plan to ensure that the living arrangements are acceptable. Being that most parolees cannot afford their own place upon release, they must rely on staying with someone else. A field officer verifies that the family members agree to house the parolee and agree to parole officer visits. If housing plans are still not solidified, a halfway house facility is an available option. Once the release plan has been accepted, the offender is released from prison and is ordered to report to his or her parole officer within 24 to 48 hours. At that first visit, the offender signs a parole agreement or parole order. The term agreement is used when parole is discretionary, whereas an order more often suggests parole is mandatory and the parolee is aware of (although may not necessarily agree with) the rules. Parole conditions are nearly identical to those for probationers, so they will not be repeated here. Just as there is similarity between the conditions of probation and parole, there is similarity among the duties assigned to those who manage each type of case, no matter if clients are on discretionary or mandatory parole. The two positions are enough alike that in the federal system and in many states, supervision officers have combined caseloads of probation and parole clients. Parole field officers are responsible for ensuring through supervision and assistance that the reentry plan is continued and their parolees do not pose a threat to public safety. In states with reentry initiatives, the parole officer focuses on reworking the transitional accountability plan to ensure the continuity of
Figure 11-2 Timeline: Important Prisoners' Rights Court Cases.
Figure 11-2 Timeline: Important Prisoners' Rights Court Cases.
Chapter 10.2 GED and Secondary Education
GED and Secondary Education Inmates who score over an 8.5 on the TABE are eligible for GED program placement. Table 10-2 displays the prevalence of educational and vocational programs offered in various correctional facilities. It seems that the best educational opportunities are offered in federal prisons, with less opportunities in state prisons, especially for special education and vocational training (Stephan, 2008). Many GED programs are self-paced so that students do not become bored or frustrated, as may happen in a traditionally structured classroom. Despite this, few inmates earn their GED while incarcerated, so some state prisons are trying to increase the educational level of inmates prior to their release. Earning a GED or diploma while incarcerated seems to improve an ex-con's chances of securing post-release employment compared to inmates who did not improve their education (Duwe & Clark, 2014). However, a GED or diploma does not seem to be enough to have a significant reduction in recidivism, especially compared to offenders who have achieved an associate's degree or trade certificate. Table 10-2 Educational and Vocational Programs Offered in Correctional Facilities ProgramState PrisonsFederal PrisonsAdult literacy66%98%English as a second language31%98%GED/secondary education76%98%College courses32%98%Special education33%98%Vocational training50%98% Note: Percentages will not add to 100% because facilities may have more than one educational program. References: Stephan, J. J. (2008). Census of state and federal correctional facilities, 2005 (NCJ 222182). Washington, DC: U.S.Department of Justice, Bureau of Justice Statistics. College Programs The 1960s G.I. bill provided tuition assistance to veterans of World War II and did not limit these benefits if the vets ever became incarcerated. In the 1960s, fe
Chapter 13.7: Girls in a System Designed for Boys Reading
Girls in a System Designed for Boys Girls entering the juvenile justice system are typically placed in programs that were created for delinquent boys (Bloom, Owen, Piper Deschenes, & Rosenbaum, 2002; Garcia & Lane, 2013). We know very little about the appropriateness of those programs for girls. Bloom and her colleagues explain that the "what works" literature has focused primarily on boys and men, leaving us to wonder about the applicability of the programs to girls and women. Program evaluations typically describe the proportion of girls included in the sample, but differences in outcome based on gender are not examined. As we better understand the different developmental pathways followed by females and males, the need for gender-specific programming becomes more evident. Just as girls and boys develop physically and emotionally in different ways, their pathways to delinquency are also often gender-specific (Belknap & Holsinger, 1998). For example, scholarly work is making it increasingly apparent that girls face specific risk factors because of their gender that can derail or delay their healthy development. The American Academy of Pediatrics notes that studies of incarcerated youths report that girls are more likely than boys to have any psychiatric diagnosis and, especially, to have higher rates of mood and anxiety disorders. Further, although both genders experience sexual and physical abuse, all forms of abuse are more common in girls. As a result, posttraumatic stress disorder is more commonly diagnosed in females (Committee on Adolescence, 2011). The impact of these physical and mental health issues means that girls need programs that help them address their feelings of anger and frustration (often a contributor to involvement in criminal activity); their reluctance to trust others; and how they can develop
Intro To Criminal Justice LEJ 104 Chapter 8.3 Groups in Women's Prisons Readings
Groups in Women's Prisons Watch Difference Between Men's and Women's Prisons Although their numbers are growing, women tend to recruit less actively and are less likely to make group membership a security threat issue. Less than 4% of female inmates are recruited into a gang during imprisonment, and 6.3% of female prisoners were gang members before imprisonment (Knox, 2005). Female gang members seem to be less active while incarcerated, as the environment inside the institution does not support gang behavior (Petersen, 2000). Instead, female groups were organized based on make-believe families, friendships, and couples that crossed racial lines. Small, close-knit make-believe families were encouraged because being well connected was important to being part of "the drama" or "the mix." "Their advocacy is emotional and personal; their allegiance is to a few rather than to many" (Pollock, 2002, p. 138). Close friendships were the most prevalent type of relationship found in women's prisons. Most women had between 1 and 10 close friends whom they considered to be trustworthy, with an average of 2 close friends. Friendships allowed women to share problems and commissary, but were not used very often for hustling goods and services or for protection (Alarid, 1996). Only 12% of adult women reported being loners. These women were not necessarily social outcasts or unable to form social bonds. Rather, loners chose a different path, after deciding that "commissary and sex games" were not the way to do time (Alarid, 1996). One of the most widely documented aspects of the social structure of women's prisons is a fabricated kinship network that has been called pseudofamilies, make-believe families, or prison families. The most common term is play families, which refers to relationships among women prisoners that borrow the structur
Chapter 9.3 Check your Health and Medical Care Issues Readings
Health Care and Medical Issues 9.3 Explain the issues caused by the growth in the number of prisoners who have special health care needs. When we incarcerate individuals, we remove the opportunity for inmates to care for themselves, so the system takes on the full responsibility for the health and welfare of every prisoner. As a result, the government must make available to inmates a level of medical care that is reasonably designed to meet routine and emergency health care needs, including physical ills, dental care, and psychiatric care. However, the prevailing principle of less eligibility suggests that jail and prison conditions must be more severe than conditions for law-abiding people. Regarding medical care, jails and prisons are not only obligated to provide medical care for incarcerated offenders, but staff can also be held legally accountable for ignoring medical conditions based on a standard of "deliberate indifference" (Estelle v. Gamble, 1976). However, inmates do not have the right to better medical care than free-world citizens, and the courts restrict the recourse that inmates have for inadequate medical care. When offenders enter correctional facilities, most need immediate testing and medical attention because they have neglected their health while living on the streets and they have engaged in lifestyles that may put them at risk, such as intravenous drug use and unprotected sex. The number one issue that is linked to rising costs of incarceration is the growth in the number of prisoners who have special health care needs (Maruschak, Berzofsky, & Unangst, 2015). Jails and prisons provide all the basic health care services that an average clinic does, including examinations, diagnostic testing, and treatment. As prisoners serve longer sentences, they may contract communicable diseases and terminal il
Chapter 10.3 History Of Parole Reading
History of Parole Norfolk Island was one of the toughest penal colonies for English prisoners. Norfolk Island had a reputation for housing the most unruly and violent prisoners and for using a management style that included severe beatings and physical labor (Morris, 2002). When he arrived, Captain Alexander Maconochie significantly changed the way that prisoners were managed. He abolished corporal punishment and chain gangs, and rewarded positive behavior and work ethics through a daily mark system. Prisoners who participated in work and education programs were credited with marks, whereas marks were removed for disciplinary violations. When prisoners accumulated enough marks, they were released early from the island (Morris, 2002). In addition to Maconochie's influence, today's version of parole owes some of its heritage to the work of Sir Walter Crofton and the application of indeterminate sentencing. Sir Walter Crofton, appointed as director of the Irish Prison System, was especially intrigued with this concept of conditional release. Borrowing some ideas from Maconochie, Crofton developed a system of increasing privileges that was known as the Irish system (see Figure 10-7). The Irish system was a three-stage incremental process that eventually resulted in release through a ticket-of-leave. Figure 10-7 Walter Crofton's Irish System. Figure 10-7 Full Alternative Text Description While under a ticket-of-leave, releasees were not under supervision per se, but were expected to keep the police informed of their whereabouts. The ticket-of-leave is another one of parole's predecessors, but at that time, prisoners on leave were not being formally supervised, nor were there any revocation procedures for failing to notify law enforcement. In the United States, prison officials realized the necessity of having ways to encour
Chapter 8.1 Inmate Code
Inmate Code The inmate code is an informal, unwritten set of ideal norms that directs an inmate's behavior. But unlike formal prison rules, the inmate code is learned by word of mouth, and if not followed, inmates enforce the norms via bullying, harassment, or violence. The principles of the code, shown in Figure 8-4, have remained fairly constant for male prisoners over the last 60 years (Sykes & Messinger, 1960; Winfree et al., 2002). The inmate code is strikingly similar across many prisons in the world. Figure 8-4 Mainstream Prisoner Code for Men. References: 1. Sykes, G. M., & Messinger, S. (1960). The inmate social system.In Theoretical studies in social organization of the prison (pp. 5-19). New York, NY: Social Science Research Council. 2. Winfree, L. T., Newbold, G., & Tubb, S. H. (2002). Prisoner perspective on inmate culture in New Mexico and New Zealand: A descriptive case study. The Prison Journal, 82(2), 213-233. Figure 8-4 Full Alternative Text Description Code of Conduct for Women Women prisoners seem to have a slightly different inmate code than men. As Figure 8-5 illustrates, violence to obtain respect is not glorified, nor is there necessarily a need to join gangs for protection. Women also seem to be more tolerant of mixed-race groupings than are men (Alarid, 1996). Pollock (2002) observed that women were less likely than men to "do their own time," as the subcultural norms in women's prisons did not prohibit or discourage individuals from getting involved in another woman's problems. Women were more likely than men to "spread rumors and gossip about one another's activities as a form of social control or merely as a social pastime" (Pollock, 2002, p. 131). Interaction with correctional officers is not prohibited for female inmates-it is more casual and social. There is even some indication that fem
Chapter 12.4: Innocence Reading
Innocence As indicated in Figure 12-10, society continues to debate the question of whether the inevitability of occasionally convicting an innocent person is worth the benefit derived by having the death penalty. Between 1973 and the end of 2015, 156 people had been released from death row with evidence of their innocence (Death Penalty Information Center, 2015). In 20 of those cases, DNA was a substantial factor in establishing innocence. For the other cases, defendants must have been acquitted of all charges related to the crime that placed them on death row, or had all charges related to that crime dismissed by the prosecution, or have been granted a complete pardon based on evidence of innocence. The criteria used by the Death Penalty Information Center (DPIC) to determine the number of innocent people released from death row is criticized by some as blurring the distinction between actual innocence and legal innocence (Sharp, 2004). In one such criticism, Sharp allowed that 17 might be a credible number for actual innocents released from death row between 1973 and 2004. Whether the number is greater than 100 or fewer than 20, the possibility of executing an innocent person is reason enough for many people to be against using death sentences. Others, however, suggest that the horror of a rare mistake is outweighed by the benefits of execution when it is appropriate. Figure 12-10 Should the Death Penalty Be Banned Because an Innocent Person Could Be Executed? Figure 12-10 Full Alternative Text Description Although cases of innocent people being released from death row have convinced some death penalty proponents to become opponents, others simply point to these close calls as examples of the system working—they were caught in time, the argument goes. Reliance on the justice system to catch its own error
Chapter 13.6: Institutional Programs Reading
Institutional Programs Treatment programs for youths in residential facilities have been evaluated over several years and some consistent patterns have emerged (Greenwood, 2008). Generally speaking, Programs that support mental health issues are more successful than those focusing on punishment—so treatment programs administered by mental health professionals are more effective than similar programs administered by regular correctional staff. Programs focusing on specific skills (e.g., behavior management, interpersonal skills training, family counseling, group counseling, and individual counseling) have all demonstrated positive effects in institutional settings. Cognitive behavioral therapy, with its goal of changing the thinking process, has been found to work well with institutionalized youths. Aggression replacement training, such as "anger control," which teaches participants what triggers their anger and how to control their reactions, has also been shown to work well with institutionalized youths. Although effective institutional treatment programs are clearly needed—such as the one reviewed in Figure 13-7—one state has undertaken a bigger change than mere program implementation. When facilities for juvenile offenders were first considered, not much thought was given to whether they should physically resemble those for adult offenders—it was just assumed they would. They were often given nicer-sounding names (reformatories, training schools, and so on), but they were essentially large congregate-care facilities that, at best, were built on a campus-style design rather than a cell block or dormitory plan. Figure 13-7 Evidence-Based Practice—Does It Work? The Mendota Juvenile Treatment Center (MJTC) is a secured correctional facility located in Madison, Wisconsin. MJTC provides spec
Chapter 11.4: Invisible Punishments Reading
Invisible Punishments Watch Explaining Invisible Punishments and Collateral Consequences We typically think of punishments as being rather obvious—certainly to the person being punished, but also to others in society. The person who has been fined, required to report to a probation officer, or placed in jail or prison certainly considers his or her punishment to be quite apparent. The punishments are also made visible to anyone else who is interested enough to find out what punishments were imposed in a particular case. They could see it or hear about it through various media or might even look it up in court records. But, as shown in Table 11-3, oftentimes there are other punishments accompanying those visible ones that surprise even the offender. Did the convicted burglar realize that even after completing his sentence he will not be able to vote? Did the convicted drug distributor know that she may not be able to receive welfare or nutrition assistance as a result of that conviction? Possibly even more surprised may be the teenage daughter of that convicted drug distributor upon hearing that her mother may not be allowed to live in public housing—leaving the daughter to wonder where she and her family will live. Those examples of disenfranchisement (loss of the right to vote), being prohibited from receiving welfare, and not being able to live in public housing are examples of sanctions that Travis (2002) has termed invisible punishments because they operate mostly beyond public view, yet have very serious, adverse consequences for the individuals affected. Specifically, they are invisible because they (1) cannot be evaluated as to their effectiveness, impact, or even how they are implemented; (2) typically take effect outside of the traditional sentencing framework (i.e., rather than being part of a sentenc
Chapter 13.7: Issues Confronting Juvenile Corrections Reading
Issues Confronting Juvenile Corrections 13.7- Summarize the issues confronting juvenile corrections. The juvenile justice system as a whole is seen by many people as in urgent need of reform (e.g., Arya, 2011). Issues covered earlier in this chapter such as due process rights for juveniles, transferring juveniles to adult court, and applying adult sanctions to juvenile offenders are concerns that occasion much discussion among practitioners, policymakers, and the general public. There are other problems as well, including accusations of abuse and neglect in juvenile institutions, the significantly greater number of American youths in secure confinement compared with the youths of other countries (Justice Policy Institute, 2011), and the negative consequences of imprisonment on a young person's long-term economic productivity. Each of those deserves closer attention, but in this section we concentrate on the equally compelling issues of overrepresentation of minorities in the juvenile justice system and the problems of dealing with girls in a system designed for boys. Disproportionate Minority Contact Data from 1910 indicate that the early juvenile facilities were used more frequently for white than for black juvenile offenders. Of white youths sentenced to correctional facilities, 69% went to reformatories for delinquents, whereas 31% were sent to traditional prisons, jails, and workhouses. The reverse was true for black youths—29% were committed to juvenile facilities and 71% to prisons, jails, and workhouses (Cahalan, 1986). The discrepancy was eased as more states built facilities for juveniles and as racial segregation in public institutions was halted. Throughout most of the twentieth century, white youths (not including Hispanics) made up the greatest percentage of the population in public and privat
Chapter 10.1 Issues Newly Released Prisoners Face
Issues Newly Released Prisoners Face Some state correctional institutions are working more closely with community agencies in the areas of identification, clothing, housing, and employment needs. Some would say that the government has an obligation to make the reentry process less shocking from the "time warp" where prisoners are living with monotonous and restricted rules, to the immediate need many inmates have upon release to misuse leisure time that prisoners may feel they missed while incarcerated (McMay & Cotronea, 2015). Others would say that more attention needs to be paid to helping new releasees find employment, such as tax incentives to encourage businesses to hire former offenders (Cherney & Fitzgerald, 2016). The essay by Velmarine Szabo examines issues that newly released prisoners face when they are transitioning from prison to the community. When you read the essay, you will better understand Figure 10-2. This figure divides reentry issues into three main areas: establishing more structure and stability, choosing supportive relationships with other people, and connecting to social services and other community agencies. If inmates believe they can go back to the way things were before they were arrested or if they neglect to take these new responsibilities seriously, their lives quickly seem to become difficult to control. Former prisoners who reenter society have to change their mental health, physical health, deficits in education, underemployment, lack of social support, and dysfunctional prior relationships (McMay & Cotronea, 2015). Check Your Understanding Figure 10-2: Getting Back to "Normal:" Barriers to Reentry Voices in Corrections What did your first moments of reentry feel like? Velmarine Szabo spent nearly 10 years on parole from 2003 to 2013 for a 1995 felony conviction, before being convic
Chapter 11.2: Issues Of Religion Reading
Issues of Religion Of the two religion clauses found in the First Amendment (the establishment clause and the free exercise clause), the issue of free exercise presents greater problems in a prison environment. The free exercise clause itself has been taken to have two aspects: the freedom to believe and the freedom to act. In Cantwell v. Connecticut (310 U.S. 296, 1940), the Court decided that "the first is absolute but, in the nature of things, the second cannot be. Conduct remains subject to [governmental] regulation for the protection of society" (310 U.S. at 303). With this decision, the Court understands that the First Amendment gives all people the absolute right to whatever religious beliefs they wish but not necessarily to every action they may want to carry out. The most frequent reason for limiting an inmate's religious freedom has been the duty of prison officials to maintain security within an institution. A clear example of this is found in aspects of the Black Muslims' fight for recognition and rights in prisons and jails. Smith (1993) highlights court decisions beginning in the 1960s that allowed restrictions on the freedom of the Nation of Islam (Black Muslims) to practice their religion. Prison officials readily acknowledge that Black Muslims were not afforded the same opportunity to practice their religion as were followers of more traditional faiths. But, the officials argued, the Black Muslims presented security problems that other religions did not present, and, as a result, the officials felt restrictions were proper. For example, the California Supreme Court (In re Ferguson, 55 Cal.2d 663, 1961) said that prison authorities were allowed to prohibit Black Muslims from worshiping and from studying church literature because the Muslims' philosophy and assertive behavior threatened the correctional
Chapter 13.4: Juvenile Offenders in Adult Court Reading
Juvenile Offenders in Adult Court 13.4 Explain the procedures by which juveniles can be tried as adults in criminal court. Watch Trying and Punishing Juveniles as Adults Even as the first juvenile courts were being established, there was concern that some of the more serious offenses by juveniles should be handled in criminal court. The issue is certainly debatable, but a rise in juvenile violence in the 1980s and 1990s brought the issue to a head. This policy shift was based largely on the assumption that there would be specific and general deterrent benefits of having the more punitive adult sanctions imposed on juvenile offenders—although Figure 13-5 suggests that assumption was incorrect. Today every state allows or requires juveniles to be tried as adults in criminal court under certain circumstances. This transfer can occur in one of three ways: Judicial waiver: Juvenile court judge waives jurisdiction in the matter Direct file: Prosecutor decides to try the juvenile as an adult Statutory exclusion: Criminal courts have original jurisdiction for certain crimes committed by juveniles Figure 13-5 Negative Effects of Transfer Laws. Juveniles transferred to juvenile court, particularly those convicted of violent offenses, typically receive longer sentences than those sentenced in the juvenile court for similar crimes. Despite the assumption that punitive adult criminal sanctions will have a specific deterrent effect on juvenile offenders, research finding actually show a higher recidivism rates among juveniles convicted for violent offenses in criminal court when compared with similar offenders tried in juvenile court. Not only has no specific deterrent effect been shown, the bulk of empirical evidence suggests that juvenile transfer laws have little or no general deterrent effect. The higher recidivism rates of vi
Chapter 13.3: Juvenile Offenders in Juvenile Court Reading
Juvenile Offenders in Juvenile Court 13.3 Describe the juvenile court process and the characteristics of juvenile offenders. Youths come to juvenile court officials' attention mostly as the result of police contact but also through social service agencies, schools, parents, probation officers, and victims. Upon getting a referral, an intake officer, prosecutor, or judge decides whether to handle the case informally or formally. In Figure 13-3, the informal response involves a nonjudicial disposition that is referred to as a nonpartitioned case. Dispositions available at this point include probation (more accurately, informal probation), some other sanction, or having the case dismissed. Nearly every state has authorized informal probation, and the practice is commonly used across the country. Typically, juveniles are placed on informal probation only when they have admitted to the charges against them, and they and their parents have voluntarily agreed to submit to the conditions of the informal probation. In the absence of such admission and agreement, the case will be dismissed or formally processed. Critics of the practice argue that it allows the imposition of substantial constraints on the youth's liberty without providing adequate due process safeguards. Figure 13-3 also shows that most delinquency cases are handled formally through a petition. This involves the filing of a petition that requests an adjudicatory hearing. During this hearing, the juvenile court judge or referee determines whether the youth will be adjudicated (found) delinquent. That decision is made after evidence and witnesses are presented by a prosecuting attorney (in some cases and jurisdictions this is done by a probation officer), and after the juvenile or his attorney presents evidence and cross-examines witnesses. The juvenile may adm
Chapter 13.2: Juvenile Offense Categories: Reasons for Coming to Juvenile Court Reading
Juvenile Offense Categories: Reasons for Coming to Juvenile Court Because of the parens patriae doctrine, the initial philosophy of the juvenile court was to assume that all the court personnel were interested in the welfare of the child and constantly had the child's best interests in mind. The result was a juvenile court system with jurisdiction over three perceived problem areas: Situations wherein the child or juvenile has been neglected, abused, exploited, or in some other way mistreated Certain offenses committed by juveniles that are deemed inappropriate or undesirable for persons under a certain age Offenses committed by juveniles that would be a crime if committed by an adult It is those last two items that occupy most of the juvenile court's time, because they deal with the juvenile's actual misbehavior. Misbehavior that is considered wrong only because society does not consider the juvenile old enough for certain kinds of activities is called a status offense; these include violating administrative rules (such as staying out past a city's curfew, skipping school, and purchasing and using alcohol and tobacco) and being "out of control" (e.g., running away from home, not obeying parents, and sexual promiscuity). Before 1974, many states responded to status offenders in the same way they responded to delinquents. It was assumed that a runaway or truant would quite likely become involved in delinquent activities if some formal action was not taken. Consequently, juveniles were placed on probation or put in a correctional institution for nothing more than running away from home or being unmanageable. Today, it is more typical for status offenders to be handled separately under some nondelinquent categories such as PINS (persons in need of supervision), JINS (juveniles in need of supervision), CHINS (children in n
Chapter 8.1 Learning Prison Norms
Learning Prison Norms Every society has a set of norms and values that are considered "mainstream," defined by those wielding the most power and influence. Individuals who operate inside mainstream norms are rewarded and those who do not are considered "deviant" and ostracized. For first timers, prison is a new experience that takes some time to adjust to; it is a learning process of mainstream prison culture. Clemmer (1966) used the term prisonization to explain the process by which prisoners were socialized into prison life, or the inmate subculture with its own norms, values, and beliefs. Although prison society shares many aspects of the dominant culture, prisoners have developed their own informal rules, language, economic systems, and groups that exhibit a strong influence on life in prison (Santos, 2004). The degree to which prisoners adopt prison values as their own largely depends on the length of their sentence and the custody level of the prison to which they are assigned (Dye, Aday, Farney, & Raley, 2014; Terry, 2003). Short-term prisoners serving two years or fewer are typically housed in lower-custody facilities and within that span can resist the pressures of the prison environment and not become a "regular" or a convict. Individuals with longer sentences often find it difficult to remain connected to the world outside for that long, and may succumb to norms of their situation to make their own lives easier. Others become involved in religion and spirituality to help themselves and other inmates with abandonment, depression, and stressful daily experiences. For example, one female prisoner stated, "Coping with prison life tests your religion. Imagine being forced to interact with others—some of whom are less than desirable company. The peace of my beliefs helps me cope by being able to meditate and sep
Chapter 12.3: Leaving Death Row Without Being Executed Reading
Leaving Death Row Without Being Executed Most death-row prisoners actually leave death row without being executed. In the modern era, more than 8,000 prisoners have entered prison under sentence of death and about 16% were executed. The other 85% either remain on death row or were removed from their death sentence (Snell, 2014). The reasons for their removal include death from causes other than execution and receiving clemency, but usually it was because their sentence or conviction was overturned by an appeals or higher court. Clemency, which is an act of leniency in the criminal justice system, typically refers to one of three things: a reprieve, a commutation, or a pardon (Burnett, 2002; VanBrocklin, 2003). A reprieve is a stay of sentence execution that grants time for something else to happen (e.g., pursuing an appeal); a commutation of sentence is a reduction of the penalty (e.g., death sentence to a life sentence); and a pardon releases the person (partially or fully) from the legal consequences of the crime. The clemency process varies among states (at the federal level, clemency lies with the president), but is consistently situated in the executive branch. In some states, the governor has sole authority regarding clemency and in other states clemency is granted by the governor only after receiving a recommendation from a board or advisory group. In a few states (Georgia, Nebraska, Nevada, Utah), a board or advisory group determines clemency (Death Penalty Information Center, 2016a). Burnett (2002) and VanBrocklin (2003) explain that clemency is designed to serve as a check on the judiciary. Chief Justice Rehnquist (Herrera v. Collins, 506 U.S. 390, 1993) described executive clemency as the fail-safe mechanism in the criminal justice system wherein miscarriages of justice (e.g., an innocent person found guilty
Chapter 11.3: Limiting Inmate Litigation Reading
Limiting Inmate Litigation 11.3 Describe how inmate litigation is limited. By the mid-1990s, prison and jail inmates were bringing annually to federal court more than 40,000 new lawsuits challenging the conditions of their confinement. The cases were noteworthy for their sheer number and for being the federal court case type with the lowest plaintiff win rate. These statistics highlight two qualities long associated with prisoner lawsuits: their volume and the low rate of plaintiffs' success (Ostrom, Hanson, & Cheesman II, 2003; Schlanger, 2003). Many of the lawsuits were filed at taxpayer expense because the prisoners claimed they lacked funds to pay filing fees (i.e., they took in forma pauperis status). The nature of many of the lawsuits, their growing number, the increasing burden they placed on federal courts, and the expense to taxpayers having to support the judicial system's handling of the cases resulted in strong public opinion for reform. Congress's response to the public outcry was the Prison Litigation Reform Act (PLRA). The act attempted to limit the ability of prisoners to complain about conditions of their confinement or alleging violation of their constitutional rights. That goal was to be achieved, as Figure 11-3 summarizes, by discouraging in forma pauperis lawsuits (frequent-filer provision), reducing meritless claims (three-strikes provision), and requiring inmates to first use the prison's grievance procedures (exhausted remedies provision). Figure 11-3 PLRA Provisions Affecting Prisoner Litigation. Three PLRA provisions affecting prisoner litigation may be summarized as follows: Frequent-filer provision: To discourage prisoners from filing meritless lawsuits in forma pauperis, inmates must pay the full $150 fee (and costs, where applicable) when filing a complaint, or they must make an initial do
Chapter 9.2 Quiz
Martin was a 40-year-old who was convicted of violent sexual assault. He was suffering from stage 3 cancer but was not eligible for medical parole because he was still considered unfit to return to society. Nevertheless, he had only a bleak chance of surviving beyond a year. Martin's medical expenses were paid for by the state and he was taken care of by nurses and other prisoners who volunteered to help. Martin was most likely housed in a ________. Incorrect Answermega jailIncorrect. Mega jails are the country's largest jails, holding over 1,000 people each.Big Houseprison hospiceCorrect. Martin was housed in a prison hospice. Prison hospices are based inside prisons and are available for terminally ill prisoners whose sentences do not qualify them for medical parole or whose application was denied.private prison
maybe used along with therapy (Harris, 2004).
Medications such as antiandrogens or selective serotonin reuptake inhibitors.
Point/Counterpoint: Prisoner Rights
Point/Counterpoint: Prisoner Rights The following videos provide a pro- or con- stance on a controversial issue. Listen to the speaker's opinion on the issues and then decide which point of view is best supported by the evidence. Watch Point/Counterpoint: Prisoner Rights Pro Position Watch Point/Counterpoint: Prisoner Rights Con Position Pro Script Con Script References for Further Study
Chapter 9.2 Pregnant Women and Parents of Minor Children Reading
Pregnant Women and Parents of Minor Children 9.2 Describe the alternatives that pregnant mothers have once they give birth to their babies while incarcerated. Over half of all male prisoners and 75% of female prisoners have dependent children under the age of 18, but just over half of these parents provided primary financial support before they were arrested. The parents who could not provide financial support were likely to be homeless or suffer from mental health or medical problems. According to Table 9-1, mothers in prison were more likely to have experienced past physical or sexual abuse, medical problems, and homelessness than were incarcerated fathers (Glaze & Maruschak, 2008). Table 9-1 Backgrounds of Prisoners who were Parents and Lived with Minor Children FathersMothersHas another family member ever been incarcerated?48.9%58.4%Did you ever experience physical or sexual violence?16.1%59.7%Were you homeless in the year before your arrest?4.0%8.5%Any substance dependence/abuse?65.0%63.6%Any current medical problems?39.7%50.0%Contact/Communicate with Your Children While Incarcerated?Yes, at least once a week38.5%55.7%Yes, once a month or less39.6%29.3%No contact/communication11.9%15.0% Source: Glaze, L. E., & Maruschak, L. M. (2008). Parents in prison and their minor children (NCJ 222984). Washington, DC:U.S. Department of Justice. All people who are incarcerated, particularly parents with young children, miss important milestones in their children's lives or in the lives of other family members—births, baby's first steps, first days of school, birthdays, proms, graduations, weddings, and even funerals. Incarceration is particularly difficult for single-parent caretakers who become dismayed and overcome by feelings of failure and guilt at not being there for their children. The children and their nonincarcerate
Intro To Criminal Justice Chapter 8.2 Prison Industry
Prison Industry Prison industry jobs are highly competitive and are sought after by inmates because they provide the most realistic work environment of six- to eight-hour days and the best pay. There are few slots available for these jobs only because they are highly regulated by the government. The prison industry is typically a manufacturing plant or factory that produces prison-made goods for either open markets or sheltered markets (see Figure 8-9). The greatest concern is that prisoner labor might again unfairly compete with free-world labor, so restrictions were placed on the prison industry that operates under a free-enterprise system. Figure 8-9 Contemporary Prison Industry Systems. Reference: Adapted from Dwyer & McNally (1993). Figure 8-9 Full Alternative Text Description Federal Prison Industries, Inc. (FPI) was established by Congress in 1934 to provide prison-made goods for all federal agencies. In the 1970s, FPI introduced the name "UNICOR" as its new corporate identity. UNICOR is not only self-sustaining, but it makes significant profits every year. For example, during 2015, UNICOR employed about 6% of federal inmates in 80 factories and 3 farms across the country. The prisoners are paid between $0.23 and $1.15 per hour to make such things as clothing, office furniture, electronics, fleet management and vehicular components, and industrial products (UNICOR, 2016). Another open-market system is the heavily restricted PIE prison industry programs that operate with private business in up to 50 jurisdictions around the United States. The PIE program allows preselected inmates to work in a realistic environment, get paid for their efforts at wages that are equal for similar work elsewhere, and learn a trade. The inmates must be at minimum-custody level, hold at least a General Education Development (GED) or a
Chapter 9.2: Prison Nurseries
Prison Nurseries Prison nurseries are separate facilities inside prison where each pair of infants and mothers must qualify (mothers for their offense and babies up to age five). During the day, the babies play with each other and each mom is responsible to watch her child. At night, the infant sleeps in a crib in the mother's cell. Table 9-2 lists the benefits and the concerns of prison nurseries. The strongest argument in favor of keeping mothers with their newborns is that the mother's attachment and sense of responsibility for her baby teaches her how to become a better parent. However, there is no scientific evidence that prison nurseries reduce recidivism after release. A case study of a prison nursery is described at the end of the chapter. Table 9-2 Benefits and Concerns About Prison Nurseries Benefits of Prison NurseriesConcerns About Prison NurseriesBiological parent retains custodyPotential liability concerns within the facilityChild establishes a bond with his or her motherNo scientific evidence that prison nurseries lower recidivism compared to women with dependent children who do not get to take advantage of the prison nurseryMother learns parental responsibility, positive reinforcement, and how to respond to negative behavior appropriately (consistent and assertive, but not aggressive)The welfare of a child is the main responsibility of child protective services—it is an additional responsibility that is beyond the scope of prisonsAllows inmates to serve as positive role models for their children and each otherQuestionable whether children in prison nurseries benefit significantly more than children who live with extended family or in foster care while parents are incarcerated
Intro To Criminal Justice LEJ 104 Chapter 8.4 Prison Violence Reading
Prison Violence 8.4 Discuss the incidence of sexual assault and violence in prisons. Potential for violence exists in all institutions, but violence is clearly concentrated in higher-security jail and prison units in part because inmates experience more deprivations and more stress in higher custody units, and also because a disproportionately higher number of inmates perceive violence as an acceptable way to solve problems (Ricciardelli & Sit, 2016). Environments that encourage using violence to create a reputation, bullying or harassing as a show of power, imposing fear when necessary to avoid being victimized, and settling problems without staff are all circumstances that sustain violent behavior (Carceral, 2004). As shown in Figure 8-15, causes of violence can be in response to any number of events, including stress, hostility, interpersonal conflict, and to keep a strong reputation. In some cases, even mild-mannered prisoners feel like they had no choice but to fight a certain prisoner or group to avoid future harassment, bullying, assaults, or property theft (Ricciardelli, 2014). Prison officials have a duty under the Eighth Amendment to keep prisoners safe from violence by other prisoners, but staff is not liable for assaults unless the prisoner can prove that staff exhibited deliberate indifference, which is when staff completely ignore or fail to respond after it becomes clear the staff became aware of and/or witnessed the behavior. Figure 8-15 Causes of Individual-Level Violence. Figure 8-15 Full Alternative Text Description The most common acts of violence involving two people are inmate-inmate threats, assaults, and sexual assault. Threats are the most common, but are undocumented in official statistics. Cases of assault and sexual assault/rape are underreported out of fear of further retaliation and harass
Intro To Criminal Justice LEJ 104 Chapter 8.2 Prisoner Job Assignments
Prisoner Job Assignments 8.2 Explain the benefits and challenges of assigning jobs to incarcerated inmates. American culture is an occupation-dominated one in which a job organizes routines, behavior, and even one's identity. In prison culture, administrators initially used inmates for cheap labor to decrease incarceration costs and to make a profit through the leasing system and through manufacturing prison-made goods. The timeline in Figure 8-7 shows that prison-made goods were first subjected to limitations by the states during the Great Depression so that free-world citizens would not have to compete with prisoner labor. Later, working became an important source of informal social control and a method of keeping inmates occupied, but the Prison Industries Enhancement Act of 1979 restricted the number of private factories that could be operated inside prison facilities. However, the main challenge today is that there are more prisoners than work available to keep each occupied for eight hours per day; therefore, the work is spread around so that most inmates actually work two to three hours per day. Figure 8-7 Timeline of Prison Labor Laws. Source: Hawes-Cooper Act,1929; Ashurst-Sumners Act 1935; Ashurst-Sumners Amendment 1940; Prison Industries Enhancement (PIE) Act 1979. Figure 8-7 Full Alternative Text Description Figure 8-8 shows the types of jobs that inmates work today. Most inmates are assigned to institutional maintenance jobs that help to operate and maintain the prison in areas, such as food preparation, laundry, cleaning of all surfaces and floors, and lawn care. Specialty maintenance jobs exist-in which trustys can be promoted- that offer more freedom of movement or access to information. These jobs include hall janitors, porters, stock clerks, barbers, warden's assistants, and library clerks (Alarid, 20
IIntro To Criminal Justice LEJ 104 Prisoner Job Assignements, Prison Misconduct Reading
Prisoner Misconduct Prisoners who are caught engaging in economic activities for profit risk a written disciplinary report that remains permanently in their file. Figure 8-12 illustrates a broader range of prisoner misconduct, which ranges from failure to follow rules and policies to unauthorized staff contact, refusing to follow staff orders, and destroying facility property. Prisoner misconduct is of interest because of its association with adjustment to prison, readiness for early release, and, possibly, future recidivism upon release. Inmates who behave according to institutional rules and avoid misconduct while incarcerated generally seem to transition easier and avoid future rearrest. It seems that younger males with a history of drug use are more prone to misconduct, especially at the beginning of their sentence (Kuanliang & Sorensen, 2008). The conditions of confinement also predicted misconduct. Prisoners who were concerned with their safety, had interpersonal conflicts with staff, and considered lengthy periods of boredom and idleness to be stressful were more likely to engage in misconduct and violence (Rocheleau, 2013). Finally, reclassification and a change in supervision levels to a different custody level seemed to increase inmate misconduct. Inmates who transferred to a higher or a lower custody level (e.g., from a medium down to a minimum, or from a medium up to a maximum) engaged in more misconduct following their transfer (Kigerl & Hamilton, 2016). Perhaps movement to a different institution necessitated the need for the inmate to establish his or reputation to avoid being bullied or harassed by the more established inmates at that unit. Figure 8-12 Examples of Prisoner Misconduct. Figure 8-12 Full Alternative Text Description A more serious form of prisoner misconduct is smuggling in contraband that
Chapter 9.3 Prisoners with HIV/AIDS Reading
Prisoners with HIV/AIDS Individuals who engage in criminal activity are also more likely to engage in behaviors that place them at risk for HIV and other communicable diseases, such as intravenous drug use. Thus, it is no surprise that there is a disproportionately higher number of HIV-positive persons in correctional facilities—1.3%—compared with 0.4% of U.S. residents outside of prison who are living with HIV or AIDS (Maruschak et al., 2015). The number has steadily declined since the mid-1990s due primarily to prevention efforts and improvements in care for HIV/AIDS, such as protease inhibitors and antiretroviral therapies. HIV-infected inmates live among the general population so that they have equal opportunities and will not be treated differently or discriminated against. In 2013, an Alabama middle court judge ordered the Alabama Department of Corrections to completely desegregate all prisoners with HIV and remove all medical information from nonmedical files (Sarfo, 2013). At this time, only South Carolina continues to keep known HIV-positive prisoners separate from the general prisoner population. This is despite objections by the ACLU and possible legal consequences by the Justice Department (American Civil Liberties Union, 2010). Once HIV-infected inmates contract AIDS (about one out of four HIV-positive prisoners), they are segregated from the general prison population for their own safety—separate housing is required to be away from airborne diseases prevalent among the general population. Certain policies may be effective in lessening the spread of HIV/AIDS, including education, testing, notifying partners, and issuing protection supplies. Examples include the following: Many facilities provide education programs on how HIV is transmitted and how it progresses to AIDS. Testing inmates for HIV occurs
Intro To Criminal Justice LEJ 104 Chapter 8.1 Who is In Prison? Quiz 8.1
Question 1 / 3- Which of the following is a federal offense? Drug possession Motor vehicle theft Manslaughter Bank robbery Correct. Bank robbery is a federal offense.
Intro To Criminal Justice LEJ 104 Chapter 8.1 Who is In Prison? Quiz 8.1
Question 2 / 3- Which of the following is a characteristic of prisoners? More than one out of every four federal prisoners is not a U.S. citizen. Correct. According to the Federal BOP 2011, more than one out of every four federal prisoners is not a U.S. citizen. BOP (Bureau of Prisons) prisoners who are non-U.S. citizens have citizenship in Mexico, Colombia, the Dominican Republic, or Cuba. The number of women in the prison population is disproportionally greater than their percent in the general population. The average age of male prisoners is 26. Violent offenses represent the lowest percentage of crimes committed by women.
Intro To Criminal Justice LEJ 104 Chapter 8.1 Who is In Prison? Quiz 8.1
Question 3/ 3- Ryan is serving a two-year sentence in a federal prison for illegal immigration into the United States. During the first few weeks of his imprisonment, he observed two distinct enemy gangs within the prison—one consisting of white inmates and the other consisting of African-Americans. During meal time one afternoon, a member of the white gang, Jeremy, punched Dan, who was from the African-American gang. A fight broke out immediately, prison property was damaged, and an officer was ultimately injured. As punishment, Dan was to be denied recreation and exercise time for two weeks. Ryan informed a correctional officer about what had actually happened and saved Dan from the punishment; however, Jeremy was now in trouble. Ryan was later beaten up by the white gang to avenge Jeremy. According to inmate code, Ryan is a ________ in this scenario. Player Punk Fish Snitch Correct. Ryan is a snitch in this scenario. Snitches are inmates who are targeted by predatory inmates because they have passed along information to staff that has gotten another inmate in trouble.
Chapter 10.3 Release From Prison
Release from Prison Watch Why Method of Release from Prison Matters As shown in Figure 10-5, there are four ways to leave prison—two of which involve no supervision and two involve continued supervision in the community. Unconditional release refers to returning prisoners to the streets without postrelease supervision. Two reasons for unconditional release are sentence expiration and commutation. An expired sentence means that the maximum time on the prison sentence has been served. Although an attempt is made to transition prisoners down to lower security levels one to two years prior to release, prisoners with disciplinary infractions or protective custody levels may be released directly from maximum security. Figure 10-5 Ways to Get Out of Prison. Figure 10-5 Full Alternative Text Description Commutation of sentence involves a discretionary reduction of the sentence length by a designated individual in the executive branch. State prisoners can be commuted by a governor or a parole board, whereas federal prisoners are commuted by the president of the United States. A sentence might be commuted if it is found to be excessive or if the governor or board simply believes commutation would be in the society's best interest. Prisoners must file an application for commutation, typically after they have served a minimum amount of time. All commutations are considered, but most go to prisoners on death row who get their sentences reduced to life without parole; nonetheless, the conviction remains on record. It is rare for prisoners to be released from prison due to a commuted sentence. Conditional release involves postrelease supervision in the community. The governing authority that releases the prisoner is the parole board in discretionary parole and the law in mandatory supervision. Discretionary parole is the most commo
Chapter 11.4: Residence Restriction Laws Reading
Residence Restriction Laws In addition to the registration and notification laws, sex offenders are also subject to residence restriction laws that may require them to live in certain areas or restrict them from living in other areas. Tewksbury (2011) points out that limits on where registered sex offenders may live have been widely shown to impose negative consequences on both offenders and their families. For example, registered sex offenders end up being concentrated either in very dense, socially disorganized communities or in rural communities lacking employment, treatment, and transportation options. Despite those negative consequences, residential restrictions are increasingly common across the nation. Presumably, if residence restriction laws contributed to public safety, the negative consequences on the offenders would not be of much concern. However, existing research suggests that residential restrictions are likely to contribute very little to public safety. This is probably because of the faulty assumptions upon which residence restriction laws are based. For example, the general assumption is that all sex offenders victimize children and, most likely, children who are strangers to them. Tewksbury (2011) points out that both of those ideas are inaccurate. In addition, residence restrictions assume that if offenders live farther away from schools, day cares, and so on, they are unable or unlikely to access those facilities. That, of course, ignores the point that motivated offenders can use public transportation. When the proof of negative consequences to offenders and their families is set against the unproven assumptions that residence restrictions increase public safety, an increasing number of scholars and policymakers question the need for the residence restriction laws. Think About It... Pearson Educ
Chapter 13.6: Residential-Based Responses to Juvenile Offenders Reading
Residential-Based Responses to Juvenile Offenders 13.6 Describe juvenile residential facilities and the treatment programs available in them. Juvenile offenders whose disposition involves out-of-home placement are typically sent to a residential institution such as a group home, camp, or correctional facility. After reviewing the characteristics of those facilities and the juveniles in them, we consider some of the successful programs that can be used in an institutional setting. Characteristics of Custody Facilities and the Youths in Them Watch What It Is Like to Work in a Girls' Group Home Around 2,000 facilities nationwide hold about 54,000 juvenile offenders—down from more than 105,000 being held in 1997. Half of the facilities are privately operated, but most offenders are held in public facilities (either state or local). Facility type ranges from residential treatment centers and group homes (the two most frequently found facility types) to ranch/wilderness camps and shelters. Public facilities are more likely than private facilities to secure their youth by locking them in sleeping rooms at night or when the youth is out of control and to have other confinement features such as locked day rooms, floors, and corridors Hockenberry, Sickmund, & Sladky (2015). Youths in custody are less likely to have been enrolled in school prior to being placed in custody than are their peers in the general population (76% versus 88%). In addition, about half of youths in custody are functioning below the grade level for their age compared with 28% of youth in the general population (Sedlak & Bruce, 2010). Because the link between education and delinquency is well established, an obvious need for juveniles held in residential facilities is the ability to continue their education. Most facilities evaluate the juveniles in ter
Chapter 11.5: Restoring Civil Rights Following a Conviction Reading
Restoring Civil Rights Following a Conviction 11.5 Explain the ways civil rights can be restored and collateral consequences mitigated following a conviction. As states and the federal government turn their attention toward reentry issues, there is increased recognition that some collateral consequences—especially those that impact employment, housing, and health—hinder the reintegration process. Between 2009 and 2014, 41 states and the District of Columbia enacted legislation designed to mitigate the burden of collateral consequences for individuals with certain criminal convictions (Subramanian, Moreno, & Gebreselassie, 2014). In some jurisdictions for some offenses, restoration of rights is automatic after sentence completion or some specific time period following sentence completion. When restoration is not automatic, the granting of a pardon was the primary method by which harsh consequences of a criminal conviction could be lessened or removed. However, the pardon power has fallen victim to political pressure, and has been used less often over the last several decades (Love, 2006; Subramanian et al., 2014). Instead, and in addition to any available automatic restoration mechanisms, a variety of new approaches are relied upon to bring relief from collateral consequences. Some of these are geared toward the individual offender whereas others affect the system more generally. Individual Restoration Methods Pardons are certainly included in this grouping, but so too is the expungement or sealing of a conviction. When a conviction has been expunged or sealed, the criminal record is typically destroyed or made inaccessible to the public and the person is often able to deny his or her conviction—when completing employment forms, for example. However, the conviction normally remains available for law enforcement pu
Chapter 12.4: Retribution Reading
Retribution Another popular capital punishment debate topic is that of lex talionis—the position of "an eye for an eye, a tooth for a tooth." In fact, Supreme Court Justice Stevens suggests that retribution is the primary rationale for imposing the death penalty today and that it is the grounds for much of the remaining enthusiasm for the death penalty (Baze v. Rees, 553 U.S. 35, 2008). In many ways, this is the most difficult topic to debate because technically it provides no basis for debate. Newman (1985) says retributivists, the prime supporters of this view, are often asked the trap question, "Why must a wrongful act be punished?" Any reply made by the retributivist will be utilitarian, and of all the punishment philosophies, retribution is the only one that is nonutilitarian. If the retributivist tries to answer a question such as "Why should the death penalty be used?" the response will inevitably lean toward things, such as deterrence, public safety, or reinforcing the moral order. But each of these answers has a utilitarian aspect, and the retributivist does not require, or even want, such a link. Newman (1985) suggests that the only nonutilitarian response available to retributivists is "Because the act was wrong." But that response merely restates the assertion—that is, retribution claims that a wrongful act must be repaid by punishment, so saying that the reason for punishment is to repay the wrongful act is merely redundant, unless the statement "A wrongful act must be punished" is a statement of fact rather than simply an assertion. And, Newman suggests, that is exactly what the statement is. He argues that saying "A wrongful act must be punished" verges on being a social law. The resulting problem is finding another position to take in order to have a debate. If retributivists say that punishment—t
Chapter 14.2: Returning Rationality to Corrections Policy Reading
Returning Rationality to Corrections Policy 14.2 Articulate how the corrections system can become "Smart on Crime." Since the 1970s, corrections policy in the United States has become overrun by politics, union control, and emotionally based reactions to terrible tragedies, along with not enough administrative accountability and transparency. Academic scholars and not-for-profit groups such as the Pew Center, Council of State Governments, Vera Institute of Justice, and the Sentencing Project are deeply committed to rational crime control policy, which focuses on appropriate responses to the harm suffered by the victim or by communities and reducing expensive incarceration responses. The Association of State Correctional Administrators, whose membership is comprised of all state correctional department heads, has also taken a greater role in developing meaningful correctional policy. Tonry (2004) suggested that crime policymaking be altogether delegated away from politics and to a specialized administrative agency. This idea is in line with his other suggestion to make prosecutors and judgeships into career civil servant tracts and to get away from the election and political appointment process. Given the current structure of the criminal justice system in the United States, Figures 14-4 and 14-5 list questions that are specific to decision-makers influencing correctional policy at an earlier stage in the process. Figure 14-4 examines questions that legislators should investigate before changing existing laws or passing new laws. Figure 14-5 lists issues that prosecutors and judges should consider in the course of their occupational decisions involving criminal cases. Figure 14-4 Questions that Legislators Should Ask. Has increased use of imprisonment led to crime reductions? If we completed a cost-benefit analysis of
Chapter 10.3 Revoking Parole
Revoking Parole Figure 10-12 shows that nearly 64% of parolees successfully discharge or complete parole without incident and about 2% are transferred to complete their parole in another jurisdiction because of a job move or other event. About one-third of parolees are revoked and return to prison primarily for technical violations, or for committing new crime. An additional 2% of parolees abscond from parole, which means they stop reporting and the officer loses track of the offender's whereabouts altogether. Figure 10-12 What Happens to Parolees? Reference: Kaeble, D., Maruschak, L. M., & Bonczar, T. P. (2015).Probation and parole in the United States, 2014 (NCJ 249057). Washington, DC: U.S. Department of Justice. Retrieved from http://www.bjs.gov/content/pub/pdf/ppus14.pdf. Note: Cases that were unknown or not reported were subtracted from the total. Figure 10-12 Full Alternative Text Description In general, men on parole are more likely to be revoked than women who are more likely to take on childcare responsibilities for dependent children. Drug use was a common behavior for those who were revoked (Huebner & Pleggenkuhle, 2015). Living near "potentially criminogenic places" such as alcohol establishments, public transportation stops, and places where drugs are sold did not seem to increase risk of failure for parolees (Miller, Caplan, & Ostermann, 2016). However, parolees were found to have committed new crimes not far from their homes, within their own neighborhoods (Hipp & Yates, 2009). Upon becoming aware of the possible commission of a new crime or technical violations, a parole officer may wish to revoke parole, but the final decision is up to the parole board. If formal revocation is sought, there must be a preliminary hearing and a formal revocation hearing following arrest. The parolee is not entitled to m
Chapter 11.4: Sex Offender Registration, Notification, and Residence Restriction Laws Reading
Sex Offender Registration, Notification, and Residence Restriction Laws A particularly controversial topic related to restrictions placed on the ordinary rights of residency is linked to a specific type of crime—sex offenses. Collateral consequences of a sex offense conviction include sex offender registration laws and public notification laws. The former requires persons convicted of sex offenses to register in a community, even after they have completed their sentence for that conviction. The notification laws are an additional provision that requires that the public be notified of the name and location of certain sex offenders in the community. See Figure 11-5 for a discussion of whether notification laws encourage residents to modify their behavior. Figure 11-5 Evidence-Based Practice—Does It Work? Research on how community notification laws affect community members has consistently found that although the laws increase reported fear among residents, they have strong public support and are seen as providing an important public service. However, the research also shows that most residents do not access the available community notification information (Bandy, 2011). In addition, she explains, the findings are mixed as to whether notification prompts protective behavior. This point is important because an assumption of notification laws is that by providing people with knowledge about a person who poses a potential threat to their safety, they will change their behavior to lessen that risk. Bandy (2011) studied that assumption with research in Minneapolis. Her results were consistent with other studies that found no statistically significant relationship between receiving notification about a high-risk sex offender and the adoption of self-protective behaviors. However, Bandy also found that parents who received i
Intro To Criminal Justice LEJ 104 Chapter 8.4 Sexual Assault and Rape Reading
Sexual Assault and Rape Sexual behavior between inmates, and especially between inmates and staff members, has always been prohibited-this includes sexual assault (intentional touching) or nonconsensual sexual acts. In the past, a climate of acceptance that rape and sexual harassment were part of the punishment dominated prisons across the United States. "Turning out" a vulnerable inmate by force was a way for another prisoner to enhance his or her own status among peers, whether it was blatantly through rape or through more subtle strategies such as loaning new prisoners more than they could ever afford to pay back and then demanding payment through sex (Santos, 2004). Sexual harassment, derogatory or profane comments, or acts of staff sexual misconduct (indecent exposure, voyeurism, or requested sexual acts) had few, if any, negative consequences. Prison conditions have greatly improved since the 1970s, but anecdotal evidence suggested that sexual assault was still entrenched in prison culture because it was overlooked by correctional officers and encouraged by the prisoner subculture. Reducing sexual victimization of prison inmates became a priority nationwide with the passage of a federal act called the Prison Rape Elimination Act (PREA). PREA sought for the first time to measure the incidence of prison rape in federal, state, and local institutions, and to provide guidelines to protect prisoners from rape. The provisions of the act are shown in Figure 8-16 and included staff training on the new law, a zero-tolerance policy of sexual misconduct and rape incidents, and victim access to counseling and protective custody housing (PREA, 2003). Figure 8-16 Reducing Incidents of Sexual Assault and Violence in Correctional Institutions. References: 1. Austin, J., Fabelo, T., Gunter, A., & McGinnis, K. (2006). Sexual viole
Chapter 12.4: Social Class and the Death Penalty Reading
Social Class and the Death Penalty A second important topic related to fairness and the death penalty concerns social class. Supreme Court Justice William Douglas commented (Furman v. Georgia) that "one searches our chronicles in vain for the execution of any member of the affluent strata of this society" (408 U.S. 251-252). The characteristics of persons on death row seem to reflect those of the poor and lower class in society as a whole. Although most of the criminal justice system's clients are poor, death-row inmates are among the poorest. Unfortunate and unfair as it is, persons from the lower socioeconomic classes elicit little sympathy from justice system officials, jurors, or the general public. We know that punishments for other crimes, such as marijuana possession, have eased as more and more members of the middle class indulge in the behavior. Those offenders do draw sympathy from officials, jurors, and the community, with a result being a lessening of penalties associated with the behavior. One wonders how long the death penalty would have lasted if most of those executed had reflected typical middle-class characteristics. Proponents of the death penalty argue that inequities in the application of the death penalty should draw criticism of its application, not of its use. As van den Haag (1991) argues, and as shown in Figure 12-6, just because guilty poor people are executed but guilty whites or wealthy people are not, the poor or black are no less guilty nor do they deserve less punishment (p. 158). Figure 12-6 Is the Death Penalty Unfair Because of Its Discrimination by Social Class? Figure 12-6 Full Alternative Text Description A good, experienced lawyer will improve the defendant's chances at each stage in the legal process, so it is not surprising that having a good lawyer also improves a defendan
Chapter 11.1: Sources of Prisoners' Rights:
Sources of Prisoners' Rights 11.1 Outline the development and sources of prisoners' rights. Two positions can be taken regarding rights of convicted and imprisoned persons: The rights-are-retained position argues that prisoners keep all the rights of an ordinary citizen, except those that are expressly or by necessity taken away from them by law. The rights-are-lost position says that prisoners are wholly without rights except those expressly conferred by law or necessity. Importantly, but confusingly, neither position accurately identifies the approach held by the courts. Figure 11-1 reviews various stages through which the courts seem to have passed as they try to balance the retained/lost dilemma. The rights-are-retained view comes directly from a federal appeals court decision in 1944 (Coffin v. Reichard), but federal courts have issued many other decisions that suggest prisoners may only have rights that are compatible with the goals of prison administration. In the absence of a clear and consistent approach, it is not surprising that the public, prison officials, and even judges have difficulty understanding or describing the rights of prisoners. However, before discussing how the courts have responded to this "rights-retained" or "rights-lost" dilemma, we consider from where the presumed rights come. Figure 11-1 Judicial Involvement in Prison Administration. Although federal and state courts have not consistently followed either a rights-are-retained or rights-are-lost position, it is possible to identify historical periods according to the courts' willingness to be involved in prison administration issues. These periods move from an initial time of noninvolvement (called the hands-off doctrine) to a time of active intrusion (the hands-on doctrine) and most recently to a deference doctrine wherein court rulings
Chapter 12.4: Statistics, Studies, and Deterrence Reading
Statistics, Studies, and Deterrence Interesting though the philosophical debate on deterrence might be, much of the discussion about deterrence and the death penalty has relied on statistics. Use of statistical analysis is especially popular among abolitionists because the evidence has consistently supported the position that the death penalty does not serve as a general deterrent to murder—with some exceptions noted next. Kronenwetter (1993) notes that as early as 1919, statistical studies showed that there was no measurable relation between the homicide rate and the existence or absence of the death penalty. Since then, researchers have repeatedly failed to find a general deterrent effect in executions (see Table 12-2). The studies are consistent in finding that factors other than execution are responsible for the variation and trends in murder rates. Table 12-2 Deterrence Research and Capital Punishment Found Deterrent Effect?Authors (Year)*FindingsNO Bailey & Peterson (1994) Peterson & Bailey (1991) Using a monthly time-series analysis, the authors found no evidence of a deterrent effect on police killings (Bailey & Peterson 1994) nor any consistent relationship between the number of executions and the rate of felony murder (Peterson & Bailey 1991).NOPeterson & Bailey (1998)After thoroughly reviewing the empirical literature on a deterrent effect of capital punishment, the authors conclude that factors other than execution are responsible for the variation and trends in murder rates.NOSorensen, Wrinkle, Brewer, & Marquart (1999)Suggesting that if the death penalty can have any general deterrent effect at all, it would have one in Texas (the most active death penalty state), researchers found that the number of executions influenced neither the rate of murder in general nor the rate of felony murder in particul
Intro To Criminal Justice Chapter 8.2: Prisoner Job Assignments, Sub Rosa Economy Reading
Sub Rosa Economy Every jail and prison has a bartering system of reciprocity based on negotiation and exchange of goods and services between prisoners without the use of cash. This illicit, underground economy is forbidden, and is known as the sub rosa economy. Prisoners secure items of value through favors and trades. Most of the items are state supplies and are considered more of a nuisance for prison officials than a real security threat. Thus, officers may disregard or overlook minor acts that do not interfere with institutional security. Some inmates provide commissary such as hygiene products, office supplies, and snack foods or loan items to friends on disciplinary status or as a form of resistance to control (Smoyer, 2016). Other individuals are well known in the prison for their entrepreneurial spirit. For example, merchants control scarce resources by running illegal prison stores by selling excess commissary from their cells. Jailhouse lawyers are not licensed attorneys, but use their legal knowledge and skills to conduct legal research and write writs and grievances. Other inmates perfect a skill such as artwork, making cards, and writing poems and sell, trade, or barter that skill for goods (such as snacks or stamps) or services (such as ironing a uniform, cleaning a cell, or cooking a late-night meal). For example, one female inmate shares a story in which she was preparing stolen food in her cell: "The lieutenant came to take my blow dryer 'cause I was cooking a bagel with it. . . . He be up in my room talking shit. . . . He knew what I was doing so he came downstairs and was like 'What are you cooking? Give it to me.- I was like 'Hell, no! I ain-t giving it to you.- Cause I had some contraband roast beef with a poppa on a bagel. . . . So. . . . the lieutenant came and took my blow dryer. I was mad! I di
Intro To Criminal Justice LEJ 104 Chapter 8.3 Table 8-1 Examples of Security Threat Groups
Table 8-1 Examples of Security Threat Groups Group FormationLatino GroupsCaucasian GroupsAfrican-American Groups1950s Latin KingsMexican Mafia (CA) Hell's Angels MCPagans MC Vice Lords1960s Texas SyndicateNuestra FamiliaSureños18th StreetBandidos MCMongols MC Diablos MCSons of Silence MCWarlocks MCVagos MCBrother Speed MCAryan Brotherhood CRIPs/Folk NationBloods/People NationBlack Guerilla FamilyBlack Panther PartyBlack P Stones 1970s NetaNorteñosMexikanemi (TX) Nazi Low RidersSimon City RoyalsSkinheads DC BlacksEl Rukns 1980s Barrio AztecaRaza UnidaHermanos de Pistoleros LatinosBorder BrothersMara Salvatrucha 13 PeckerwoodsAryan CirclePublic EnemyNumber OneDirty White BoysWhite Knights Gangster DisciplesNation of IslamFive PercentersUnited Blood Nation 1990s Tri-City BombersTexas Chicano BrotherhoodPartido RevolucionarioMexicanoTango Blast Dead Man, Inc.United Aryan BrotherhoodWhite Aryan Resistance The OrderFruits of Islam2000s Gulf CartelSinaloa CartelZetasJuarez CartelPaisas/Mexicles Christian IdentityWorld Church of the Creator Jam-iyyat Ul-Islam Is-Saheed (JIS)Moorish Science TemplePrison Islam Groups
Chapter 13: The Case Should Juveniles Receive a Life Sentence?
The Case Should Juveniles Receive a Life Sentence? When Terrance Graham was 16 years old, he was convicted of armed burglary and attempted armed robbery. Under a plea agreement, the Florida trial court sentenced Graham to probation, but six months later he violated that probation by committing an additional crime, a home-invasion robbery. The trial court revoked his probation and sentenced him to life imprisonment for the original armed burglary charge. Because Florida has abolished its parole system, the life sentence was essentially one without the possibility of parole. Graham argued that the life sentence without the possibility of parole constituted cruel and unusual punishment (Denniston, 2009; The Oyez Project, 2011). The case reached the U.S. Supreme Court in 2009 and the question before the Court was whether the Eighth Amendment is violated when a life sentence is imposed on a juvenile convicted of a nonhomicide crime. In 2010 (Graham v. Florida, 560 U.S. 48), the Court decided that such a sentence does indeed violate the Eighth Amendment's prohibition against cruel and unusual punishment. If life imprisonment without parole is unconstitutional for juveniles convicted of nonhomicide crimes, might it also be unconstitutional for juveniles convicted of homicide crimes? Cases asking that question began making their way to the Supreme Court in 2011 when attorneys with the Equal Justice Initiative asked the U.S. Supreme Court to address whether it is constitutional to impose life imprisonment without parole sentences on juveniles convicted of homicide (Equal Justice Initiative, 2011). In one case, Evan Miller, who suffered physical and emotional abuse so severe that he tried to kill himself when he was just seven years old, was convicted of capital murder and received a mandatory life sentence without any cons
Chapter 11 The Case: Proof of Rehabilitation
The Case Proof of Rehabilitation In 2010, reporter Dawn Turner Trice brought Darrell Langdon's story to Chicago Tribune readers (Trice, 2010a, 2010b). It is a compelling story of a man who made a mistake two decades earlier and worked hard to pay his debt to society and to become a productive, law-abiding citizen. His success in doing so was even formally acknowledged by a court-granted certificate of good conduct that attests to a person's rehabilitation. Langdon had been convicted of possessing half a gram of cocaine in 1985 and he was sentenced to serve six months on probation and pay a $100 fine. At the time of his conviction, he worked for the Chicago Public Schools (a job he was allowed to keep after his conviction) until 1995 when he was laid off during a major restructuring. He worked as a mortgage broker and also as a building engineer until 2008 when he applied for another job with Chicago Public Schools (CPS). His application was denied because the Illinois School Code prohibits persons with records such as Langdon from working in public schools. Langdon told Trice that he had been sober since 1988, reared two sons as a single parent, and had a very good work history since the conviction. The desire to have some way that a person can show he or she has been rehabilitated raises several interesting questions: A CPS spokesperson said, "This individual sounds like he did everything he should be doing to rehabilitate himself into a professional and private community. We're glad to see that, but the delicate balance is that we need to ensure we're hiring people who won't put our children in jeopardy" (quoted in Trice, 2010a). What things could CPS or any other workplace use to determine whether someone is rehabilitated and safe to have work around children? In 2010, under a newly revised law, Langdon
The Case Should You Be Able to Watch an Execution on Television or Your Smartphone?
The Case Should You Be Able to Watch an Execution on Television or Your Smartphone? On August 14, 1936, the last public execution was held in the United States. Rainey Bethea was hanged in Owensboro, Kentucky, for the rape and murder of a 70-year-old woman. Some 20,000 people came to witness the event, which also involved the country's first hanging conducted by a woman (National Public Radio, 2001). The carnival atmosphere—as some reporters called it—is believed by some to have encouraged the eventual banning of public executions in America. But the suitability of public executions in contemporary society still pops up on occasion, as some argue that it could increase the death penalty's deterrent effect and others say it would only serve to desensitize people to violence. In 1991, a public television station sought permission to videotape and televise a California execution. The request was denied, in part, out of respect for the privacy of prison personnel who participate in the execution process and their concern that harm could come to themselves or their families in retaliation from those opposed to the execution. Proponents of televised executions argue that private nighttime executions leave the public uninformed about the facts surrounding capital punishment—with a result being the degrading of America's democracy by restricting public access to information and suppressing public debate. More recently, Timothy McVeigh said he had no objection to the broadcast of his 2001 execution for the 1995 Oklahoma City bombing that killed 168 people. In the end, McVeigh's execution had a restricted broadcast to more than 200 survivors and family members who watched on a closed-circuit television feed in Oklahoma City. The idea of having public executions raises several interesting questions: A presumed b
Intro To Criminal Justice LEJ 104 Chapter 8.4 The Case
The Case Decreasing Violence Through the Inmate Subculture The Resolve to Stop the Violence Project (RSVP) began in a San Francisco jail to decrease violence among prisoners with a history of street violence or institutional misconduct. RSVP is different from most programs in that it changes the institutional subculture of violence within one dorm through peer mentoring, direct and consistent staff supervision, and a race/ethnic composition that reflects the composition of program participants. RSVP is known as a peer-mentoring program because it uses more senior-level clients as change agents for newer participants and also focuses on changing the institutional culture that permeates the problem. The second main component in RSVP is its restorative justice concepts that aim to bring about victim empathy, repair the harm done to others, and repair harm done to the inmates themselves. Part of behavioral change in RSVP mandates that the offender apologize to people he or she has hurt or victimized. Exposure to the program is for 12 hours per day for 6 days per week. The length of stay is dependent largely on the inmate's sentence, but it averages 165 days (most range from 2 to 6 months). RSVP has support from community groups including the District Attorney's Office, the Probation Department, domestic violence shelters, and other victim advocate groups. The community groups developed concrete ways that violent offenders convicted of domestic violence, robbery, assault, rape, and terrorist threats can take responsibility for their actions and restore the harm they caused to their victims, their own families, and the larger community. The first way is that as inmates progress through the program, each inmate is expected to take on a greater leadership role with newcomers. The senior-status inmates confront newcomers about
Chapter 10: The Case
The Case Faith-Based Reentry Correctional facilities rely on volunteers to provide a wide range of spiritual opportunities, such as worship services, Bible study, clergy visits, and publications for many denominations. Prison Fellowship Ministries (PFM), founded by ex-felon Charles Colson, provides Christian-based opportunities for prisoners and their families (Paynter, 2004). In 1997, PFM started the first Christian prison community called InnerChange Freedom Initiative (IFI) under the belief that criminal behavior, drug use, alcoholism, and dishonesty are sinful behaviors that can be cured by being saved by Jesus. Inmate volunteers are transferred to a prison unit specifically designated for the IFI program. All IFI treatment staff members and inmates are of the Christian denomination. The program has four phases: Phase One, Transformation (18 months): This involves intense Bible study and weekly testing on the concepts for more than 10 hours per day (Paynter, 2004). This phase includes admitting sins, taking responsibility, and seeking repentance. Phase Two, Reentry Preparation (6 months): This involves off-site prison work programs and involvement in reentry classes while still incarcerated. Reading the Bible, attending church service, and strengthening one's relationship with God are expected throughout all phases. Phase Three, Community Facility (6 months): Inmates develop a relationship with a PFM mentor who aids them in finding a more permanent job and housing. State funds can pay only for food, security, and uniforms, so PFM must pay for all faith-based costs such as reentry classes, Bible study, and mentoring. An empirical study of Damian Dovarganes/AP images one IFI program in Texas compared 177 participants (75 graduates and 102 who quit or were paroled before completing) to 1,700 inmates who met the initia
Chapter 14: The Case
The Case How the Prison Population Stopped Increasing and Communities became Safer: The Justice Reinvestment Experience in Kansas Back in 2006, the Kansas Department of Corrections (KDOC) conducted a projection estimate for its prison populations based on the current rate of new admissions, which seemed to be increasing faster than in the past. The projections estimated that if nothing major changed, based on the rate they were going, within a three-year period of time, the number of prisoners would increase by 9%, and an additional 15% more by the year 2018 (Council of State Governments Justice Center, 2015). While the crime rate seemed to be stable and even going down, no one really understood exactly why the numbers of prisoners were increasing so rapidly. The KDOC requested assistance from the Council of State Governments Justice Center (CSGJC) to independently analyze its data. The CSGJC collected over a million individual offender arrest and conviction records, conducted online surveys of law enforcement and probation officers, and also met with nearly 250 people in focus groups and community meetings. The CSGJC determined that the prison population growth was not due to a crime wave or because of longer sentences. Instead, more people were being sent to prison due to being revoked from probation and parole, primarily because of drug and/or alcohol use while on community supervision or some other pattern of technical violations. In other words, no new crimes were being committed, so offenders merely completed their original sentence behind bars. Ironically, when the drug users went to prison, few received the necessary alcohol/drug treatment or vocational education. When they left prison, there was no postrelease supervision, which created a public safety concern and a greater likelihood of recidivism. Based on t
Chapter 9 The Case
The Case Should Infants and Toddlers of Incarcerated Moms Be Raised in Prison? New York's Bedford Hills opened the first prison nursery over a hundred years ago and remains the oldest operating prison nursery in the United States. Up to 29 mothers are selected if they have been convicted of a nonviolent offense and have no history of child abuse or neglect. Mothers can live with and raise their children for up to 18 months, or until the child reaches two years old—whichever occurs first. In an effort to emulate conditions in the real world, mothers return to work at the prison (or outside, if they are eligible for work release) six weeks after their babies are born (National Women's Law Center, 2010). Other inmates at the prison, who are specially trained and participate in parenting classes, may serve as caregivers. The program is thus inmate-centered, in that women prisoners teach each other about parenting. When they are not at work, the mothers assume full responsibility for their children (Kauffman, 2006). The parenting experience of most of the women is quite different from what they've ever experienced on the streets, because it is the first time they've been a parent while clean and sober. From the early 1900s to the 1950s, most women's prisons had nurseries for the needs of babies born inside the facility. Except for Bedford Hills, all other nurseries had closed their doors by the 1970s due to litigation worries and concern for the effect it had on children. The mother/child bond during the first two years of an infant's life was important enough to convince several states to reinstitute prison nurseries programs once again (Byrne, 2006). New York expanded its nursery program across the street at Taconic Correctional Facility. Although 13 state departments of corrections claim to allow mothers access to a pr
Chapter 11.1:The Civil Rights Act Reading:
The Civil Rights Act Civil rights are those personal, natural rights that protect people against arbitrary or discriminatory treatment. Clearly the Constitution, including its Bill of Rights and other amendments, provides the first source of civil rights in the United States. However, there are civil rights not specifically mentioned in the Constitution but that are recognized by the courts, including such rights as to live and work where we wish; to marry and to have children; and to participate in the political, social, and cultural processes of society (Ferdico, 2005). Because the Constitution does not enumerate all civil rights, Americans can turn to other sources in which their rights are identified. For the purposes of discussing prisoners' rights, some of the most important relate to the Civil Rights Act, which is found in the U.S. Code as Title 42, Section 1983. For brevity, this is usually referred to as "Section 1983" and prisoner claims are typically called Section 1983 claims. Early recognition that prisoners could sue for civil rights violations involved cases of religious freedom brought by Black Muslims. In 1962, Black Muslim leader Thomas X. Cooper filed suit in Illinois against Stateville Prison warden Frank Pate. Cooper claimed that his confinement in segregation was retribution for his religious beliefs. The basis for his claim was Section 1983 of the Civil Rights Act. Cooper was being denied access to the Qur'an, to Muslim literature such as the newspaper Muhammad Speaks, and to Muslim clergy. At a 1965 trial, ordered by the U.S. Supreme Court (Cooper v. Pate, 378 U.S. 546, 1964), prison officials had to justify their refusal to recognize the Muslims as a religious group. Because Christian inmates were allowed to read the Bible and Jewish inmates could have Hebrew literature, the prison officials fo
Chapter 11.1 The Fourteenth Amendment
The Fourteenth Amendment The Fourteenth Amendment has significant importance to the concept of individual rights. Prior to the passage of the Fourteenth Amendment, the Bill of Rights served primarily to define the relationship between citizens and the federal government. Each state had its own state constitution, and many of those identified rights held by citizens against injustices by their state government. But the U.S. Constitution's first 10 amendments referred only to the protections citizens had against the federal government. This meant that a person might have certain rights when interacting with the federal government but not have those rights when associating with the state government. Such a situation was not considered inappropriate under a federal republic in which states shared sovereignty with the federal government, nor was it necessarily confusing because many of the state constitutions were modeled after the federal constitution. There were, however, some rights guaranteed in the Bill of Rights that were being denied by some states. After the Civil War, the Thirteenth Amendment was passed (1865) to correct the obvious violation of individual rights where states continued to allow slavery and involuntary servitude. Because other infringements on individual rights continued in some states, the Fourteenth Amendment was ratified in 1868. Its importance to individual rights is best understood through the theory of incorporation, which argues that all provisions of the Bill of Rights are made applicable to the states (i.e., they are incorporated) by the amendment's due process clause. So, when the amendment says that "no State shall deprive any person of life, liberty, or property, without due process of law," it is requiring each state to abide by the Bill of Rights. The Fourteenth Amendment also prohibit
Chapter 14.2: The Future of Corrections Reading
The Future of Corrections State correction department heads identified the top four critical issues to be addressed in the near future as supervision and care of mentally ill offenders, correctional staff recruitment and retention/wellness, reducing the use of administrative segregation, and better management of correctional population increases (Association of State Correctional Administrators, 2016). Three out of four of these critical issues were discussed in Chapters 6 and 7. In this section, we address innovative ways that administrators are working toward more effective management of correctional populations. We predict that the future of corrections looks very promising, as changes are made toward the use of performance-based measures, a better understanding of factors driving jail and prison population growth, and the use of innovative solutions to reinvest in prevention factors that have a greater impact on crime. No longer will programs be funded solely on the number of persons incarcerated or on the caseload sizes on probation. Performance-Based Measures The model of funding that had been used historically in some jurisdictions encouraged prisons to expand and probation officers to keep their compliant probationers as long as possible for increased funding. This model of funding unfortunately never rewarded any program or system for decreasing their numbers or solving crime problems. Now, programs that receive funding are being expected to meet certain performance-based measures, such as recidivism reduction, decreasing revocations back to jail, increasing employment rates for offenders on supervision, increasing the amount of restitution collected, and increasing the amount of community supervision completed. This only works with accurate data, if community supervision officers are dedicated to helping of
Chapter 10.1 The Importance Of Support
The Importance of Support Professionals who work with ex-offenders report that the desire to remain free is seldom enough by itself to keep someone straight. Remaining out of prison requires revising one's community identity, along with support and guidance from others. Reentry therefore focuses on a wide variety of positive relationships and community program resources that offenders need to assist them in stabilizing their lives so that they may eventually become fully independent. To meet this goal, the Second Chance Act provides federal funding for reentry initiatives that include housing assistance, employment, mentoring, and substance-abuse treatment. We know that if prisoners are not given transitional resources or if an appointment is not made prior to entering the community, many will not continue taking prescribed medications, nor will they seek out new physicians for medical or mental health care due mainly to a lack of income or a lack of available community resources. With the confidentiality of medical records, many community-based agencies are not coordinated with shared databases or medical records to directly accept former prisoners from the institution. If applicable, indigent releasees must be reenrolled for federal and/or state medical and mental health benefits following their release, as they are not eligible for federal benefits such as Medicaid, Social Security, or disability income while incarcerated. There may be a lengthy gap of time between release and the time when insurance benefits begin. Because of these gaps, offenders begin release preparation when they are within 3 to 12 months of release in state facilities and within 24 months of release in federal institutions. Although there is no uniform curriculum, reentry programs share a common set of elements (Visher, Lattimore, Barrick, & Tu
Chapter 10.3 The Parole Decision Reading
The Parole Decision Watch Description of Parole Board Hearings Granting parole requires first that a prisoner meet the minimum eligibility criteria and second that a majority of board members agree that the prisoner is ready. Prisoners are given a date on which they are first eligible for early release on parole according to their sentence minus good time earned during the sentence. For example, consider an offender with a 6- to 10-year sentence (in which 6 is the minimum amount of time and 10 is the maximum) in a state where good time is given at a rate of one day of good time for each day served. Assuming that good time is earned every day, that inmate would be eligible for parole after serving three years in prison, because the six-year minimum sentence has been met after only three years. But the emphasis is still on the words eligible and can be considered. Parole, after all, is a privilege and not a right. The next step in the process is to determine which of the eligible prisoners will receive a parole release. The parole board, appointed by the state governor, meets to review the files of those prisoners eligible for parole. In some cases, the board interviews the prisoner and reviews the file, and in other cases, the board reviews the file only. If the board members agree that a person should be released on parole, they set a specific parole date. The prisoner knows that, barring any infractions or problems with the parole plan, he or she can expect to be released on that date. If the board members do not believe the time for release is quite right, parole is deferred or delayed for 12-24 months. The common goal, regardless of the specific criteria used, is to predict who is most likely to succeed on parole. Factors that parole boards consider in their decision are illustrated in Figure 10-9 and include the of
Chapter 10.1 The Reentry Process
The Reentry Process 10.1 Describe the importance of reentry in reducing the challenges that prisoners face when they are released from prison. In the broadest sense, about 95% of all prisoners incarcerated right now will eventually return to the community. Every year, about 460,000 people are released from prison to continue supervision in the community (Kaeble, Maruschak, & Bonczar, 2015). Although short-term jail releasees may leave in the middle of the night with their own street clothes and no extra money, there is greater concern about the release of state and federal prisoners who have arguably served more time away. Long-term prisoners must go through a period of readjustment in transition from the rigidity of institutional life to living with choices in the larger society. Reentry is a process of release preparation that begins within the institution and continues in the community. Reentry begins by asking the question, "What is needed to effectively prepare an offender to lead a law-abiding life in the community?" Figure 10-1, shows a model of the reentry process that was developed by the National Institute of Corrections to help state correctional departments develop their own transition programs from prison to the community. A prison case manager develops a "transitional accountability plan" that serves as an assessment of what each offender needs to accomplish prior to the release date and in the community. Offenders may be transferred to a minimum security prerelease center when they are close to release to ensure they have met some of the plan goals and to move them toward concrete strategies for obtaining employment and housing before or upon release (Cherney & Fitzgerald, 2016). To be successful, state corrections departments have formed partnerships with social services, mental health services, economi
Chapter 11.1: The U.S Constitution:
The U.S. Constitution Watch Prisoner Rights: Cruel and Unusual Punishment When introducing the concept of individual rights under the U.S. Constitution, Ferdico (2005) states how much easier enforcing criminal laws would be if suspected criminals were presumed guilty; could be detained for long periods of time without a hearing; had no privilege against self-incrimination; and could have their bodies, vehicles, and homes searched at will (p. 4). But because the United States was founded as a direct response to what early colonists saw as British abuses in these kinds of areas, there has always been a strong commitment to protecting individual rights from government abuse. With the ratification in 1788 of the U.S. Constitution, and with the addition in 1791 of the Bill of Rights, America's commitment to individual rights was guaranteed. As a result, persons suspected of crime are presumed innocent, cannot be detained long without a hearing, are not forced to incriminate themselves, and have protection against unreasonable searches and seizures, among other rights. In addition to concern about the rights of persons suspected and accused of crimes, the U.S. Constitution and the Bill of Rights also cover the rights of persons convicted of a crime. For example, Section 9 of Article 1 provides the privilege of the writ of habeas corpus (for our purposes, such a writ directs the person—the warden, for example—detaining the prisoner to show the legality of the detention). On the other hand, Section 10 of Article 1, through its prohibition against ex post facto law, prevents imposing a greater punishment for a crime than was in effect when the crime was committed. The Eighth Amendment's prohibition against cruel and unusual punishments is the obvious example of concern for convicted persons, but so is the Fourteenth Amendme
Intro To Criminal Justice LEJ 104 Chapter 9.1 Treatment Programs In Prison
Treatment Programs in Prison 9.1 Summarize prison treatment programs that address the differences among sex offenders. Watch How Therapy Works to Criminal Thinking Errors One of the main purposes of the corrections system is rehabilitation, which was described in Chapter 2 as helping offenders to understand how they ended up in prison and to motivate them to change their attitudes and behavior through self-improvement and/or treatment programs. There are many interpersonal challenges that offenders face and just as many paths to achieve rehabilitation. For example, involvement in religion and spiritual groups not only assists in adjusting to prison during incarceration, but it provides mental and emotional strength and hope for the future (Dye, Aday, Farney, & Raley 2014). One of the prerequisites, however, is for offenders to admit that something within themselves needs to be changed and then to be open to redefining what those new values and possibilities might be. In-prison treatment programs based on cognitive behavioral interventions can reduce future recidivism between 20 and 30% within the general prisoner population (Landenberger & Lipsey, 2005). These interventions assume that thought patterns and feelings determine behavior and that identifying and changing thinking errors will ultimately change an offender's behavior. Examples of criminal thinking errors are presented in Figure 9-1 and include blaming others, seeing oneself as a victim, and use of intimidation or threats as a way of controlling others. The key in the treatment process is for the offender to admit how thinking errors resulted in failure to accept responsibility and in dysfunctional habits, addictions, and criminal behaviors. Other principles of becoming socially competent are presented in Figure 9-2 and include considering the consequences be
Chapter 9.2 Quiz
Which of the following is true of the medical treatment of prisoners? Health care expenses constitute a small percentage of rising costs of incarceration. The annual cost of treatment for an HIV-positive prisoner is much less than that of the general population considered to be in average health. Most states charge a medical co-payment from prisoners for infirmary visits. Correct. Nearly 40 states deduct $20.00 for each infirmary visit, or a copayment is deducted annually to curb the rising health care costs. Inmates are often denied treatment if they do not have money to pay for the medical co-payment.
Intro To Criminal Justice LEJ 104 Chapter 9.1 Treatment That Addresses Sex Offending
Treatment That Addresses Sex Offending Watch Offering Sex Offender Treatment Programs in Prison One of the principles of evidence-based practices (EBP) is that treatment interventions should target higher-risk offenders and behaviors most closely associated with criminal activity. Sex offenders meet both of these criteria. Furthermore, mandatory polygraph testing as part of the treatment makes sex offender treatment unique from all other types. In this section, the antisocial attitudes, thinking errors, and treatment of different types of sex offenders are discussed. Sex offenses are inappropriate sexual acts against children or sexual acts against a victim's will. The three main types of sexual offenders are child molesters, incest offenders, and rapists (Harris, 2004). Victims of sex offenses can be children or adults—in both cases, victims more often already know their perpetrator, rather than it being a stranger whom they've never previously met. Roughly one-third of all sex offenses are reported to the police, based on comparing arrests and convictions with self-reported information gathered from polygraphs of known sex offenders. Sex offenses are more often reported when the perpetrator is a stranger than when the perpetrator and the victim know each other. Sex offenders are a very heterogeneous group, each having different motivations, thinking patterns, targeted victims, and personality styles. Three typical profiles of sex offenders (child molesters, incest offenders, and rapists) are depicted in Figure 9-3. Child molesters require resolution for their own victimization, as well as intense behavioral modification to change their focus from children to adults. Child molesters seem to start their deviant sexual behavior as adolescents, so they have an earlier age of onset. Incest offenders are the most soci
Sub-Rosa Economy
Underground economy based on negotiation and exchange of goods and services between prisoners without the use of cash.
Chapter 10.2 Vocational Programs
Vocational Programs Vocational training efforts have a long history in prisons. Beginning in the mid-1800s, inmates received vocational training in a multitude of fields, such as welding, auto mechanics, or masonry, but it was primarily for the benefit of the institution. In the 1970s, the focus shifted to vocational training for reentry. However, vocational programs for women and men were quite different. Programs in women's prisons consisted of cosmetology, sewing, custodial, food service, horticulture, clerical, data entry/processing, and service dog trainer. Vocational programs for men included auto repair, business, barber, construction, computer repair, carpentry, culinary, drafting, furniture/upholstery, horticulture, machining, masonry, printing, and welding. At that same time, prison administrators were criticized for not providing enough variety of opportunities for women to learn vocational skills that would assist them in obtaining good jobs. Court rulings have recognized the right to equivalent programming, but opportunities "... should be based on the interests and needs of the female inmates rather than short-sighted efforts to duplicate the programs offered at male institutions" (Glover v. Johnson, 1979 [478 F.Supp. 1075, E.D. Mich.], 1087). Women inmates are offered training in the types of jobs they want, and prison administrators are merely giving women what they want. Another view of this issue suggests that women do not seek fields that pay better because they have never been exposed to other choices they have beyond the stereotypical low-paying service, food, and sales jobs. They either seek out familiar jobs they have been successful at in the past, or they seek an area similar to that of a fellow inmate they know. Many prison administrators, on the other hand, feel that male-dominated vocational
Chapter 14.1: What Works In Corrections
What Works in Corrections 14.1 Summarize evidence-based practices that work in corrections to reduce recidivism. Watch Summarizing What Works and What Does Not Work in Corrections This text presented an evidence-based approach to how correctional practices and research in institutional and community-based systems can be improved. We began by introducing the principles of evidence-based practice (EBP), most of which were the mechanics of how supervision and treatment in corrections is to be applied by practitioners to offenders to get the most dramatic reductions in recidivism. These principles of effective intervention include establishing rapport and positive reinforcement for offenders (Chapter 5), accurately assessing risk and needs (Chapter 7), targeting criminogenic needs using treatment (such as the violence reduction program described in Chapter 8), using cognitive behavioral methods (Chapter 9), the importance of reentry (Chapter 10), and graduated sanctions for youths and adults who may backslide while on community supervision (Chapters 10 and 13). EBP includes important methodological and evaluation considerations, which were introduced in Chapter 1 and shown throughout the text, to allow individuals to determine whether a research study is of high enough quality to have confidence in the results. The most important thing about EBP is to use the techniques and programs that reduce recidivism and/or drug use and to discard or not use programs that do not work or those that do not reduce crime or drug use. In this chapter, the salient points of some correctional interventions will be revisited, along with examining the cost of these interventions, and how more informed decisions can be made in correctional policy. Revisiting Correctional System Expectations Versus Stated Mission As you learned in Chapter 2, peo
Fourteenth Amendment's due process and equal protection clauses
What have offenders often used when claiming that their rights have been violated?
Chapter 9.2 Quiz
Which of the following is a characteristic of geriatric prisons? Prisoners residing in these facilities tend to care for each other instead of being hostile. Correct. Inmates in these facilities tend to care for each other instead of placing each other in jeopardy. Inmates residing in these prisons can continue their education or vocational training. Inmates residing in these prisons are included in the daytime activities organized by the regular prison. These are specially designed facilities designed exclusively for older prisoners, regardless of their health.
Chapter 8.1 Who Is in Prison?
Who Is in Prison? 8.1 Discuss the evolution of prison norms and the changes in mainstream prison culture. Individuals in prison originate from all kinds of family backgrounds, nationalities, occupations, and socioeconomic levels. However, prisoners also share some similarities. First, most prisoners must overcome specific challenges to rebalance their lives in some way. They have either become excessively focused on a single behavior—such as drug addiction, money, or power—or they lack a fundamental skill or ability that has affected their lives in a significant way—such as their inability to control their emotions, lack of education, or employment in which they can make a livable wage. Many times, people who end up in prison are in both groups—they have lived a life of excess and of deficits. When we consider demographics, most prisoners are young men between the ages of 18 and 35. The average age of prisoners is actually 35, but averages factor in both the younger crowd and those between 35 and 75 years of age. The number of women in the prison population has always been disproportionately less than their percentage in the general population. For example, if women prisoners were proportional to the percentage they represent in the general population, we would expect female prisoners to comprise about 51% of the prison population. However, women accounted for only 7% of all prisoners nationwide, which makes women disproportionately underrepresented in prison. The types of offenses that prisoners commit are depicted as pie charts in Figure 8-1, separated by gender. Figure 8-1 Offenses that Prisoners Commit: A Comparison Between State and Federal and Gender. Source: Carson, E. A. (2015). Prisoners in 2014 (NCJ 248955). Retrieved from http://www.bjs.gov/index.cfm?ty=pbdetail&iid=5387. Figure 8-1 Full Alternative
Sex Offender Treatment Programs
use multiple regimens that include cognitive behavioral therapy to address thinking errors and minimization, victim empathy, polygraph to avoid denial and aid in divulging previous sex offenses, and aversive conditioning