Corrections Exam 3
What is the Zimbardo prison experiment? Which explanation of prison socialization does it tend to support?
Aim: To investigate how readily people would conform to the roles of guard and prisoner in a role-playing exercise that simulated prison life. Zimbardo (1973) was interested in finding out whether the brutality reported among guards in American prisons was due to the sadistic personalities of the guards or had more to do with the prison environment. To study the roles people play in prison situations, Zimbardo converted a basement of the Stanford University psychology building into a mock prison. He advertised for students to play the roles of prisoners and guards for a fortnight. 21 male college students (chosen from 75 volunteers) were screened for psychological normality and paid $15 per day to take part in the experiment Participants were randomly assigned to either the role of prisoner or guard in a simulated prison environment. The prison simulation was kept as "real life" as possible. Prisoners were arrested at their own homes, without warning, and taken to the local police station. Guards were also issued a khaki uniform, together with whistles, handcuffs and dark glasses, to make eye contact with prisoners impossible. No physical violence was permitted. Zimbardo observed the behavior of the prisoners and guards. Here they were treated like every other criminal. They were fingerprinted, photographed and 'booked'. Then they were blindfolded and driven to the psychology department of Stanford University, where Zimbardo had had the basement set out as a prison, with barred doors and windows, bare walls and small cells. Here the deindividuation process began. When the prisoners arrived at the prison they were stripped naked, deloused, had all their personal possessions removed and locked away, and were given prison clothes and bedding. They were issued a uniform, and referred to by their number only. Their clothes comprised a smock with their number written on it, but no underclothes. They also had a tight nylon cap, and a chain around one ankle. There were 3 guards to the 9 prisoners, taking shifts of eight hours each (the other guards remained on call) Findings: Within a very short time both guards and prisoners were settling into their new roles, the guards adopting theirs quickly and easily. Within hours of beginning the experiment someguards began to harass prisoners. They behaved in a brutal and sadistic manner, apparently enjoying it. Other guards joined in, and other prisoners were also tormented. The prisoners were taunted with insults and petty orders, they were given pointless and boring tasks to accomplish, and they were generally dehumanized. The prisoners soon adopted prisoner-like behavior too. They talked about prison issues a great deal of the time. They 'told tales' on each other to the guards. They started taking the prison rules very seriously, as though they were there for the prisoners' benefit and infringement would spell disaster for all of them. Some even began siding with the guards against prisoners who did not conform to the rules. Over the next few days the relationships between the guards and the prisoners changed, with a change in one leading to a change in the other. Remember that the guards were firmly in control and the prisoners were totally dependent on them. As the prisoners became more dependent, the guards became more derisive towards them. They held the prisoners in contempt and let the prisoners know it. As the guards' contempt for them grew, the prisoners became more submissive. As the prisoners became more submissive, the guards became more aggressive and assertive. They demanded ever greater obedience from the prisoners. The prisoners were dependent on the guards for everything so tried to find ways to please the guards, such as telling tales on fellow prisoners.
Imprisonment as a method of punishment is a relatively new phenomenon. Why? Provide multiple reasons with theoretical justifications.
- Punishment is a function of society as old as human civilization itself. Our first historical milestone lays with the Code of Hammurabi in 1750 BC in Babylon where they followed a "tooth for tooth" mentality, exclusively referring to the idea of revenge. - After the 15th century, we see the first shift in thinking occur with the rise of the Jacksonian Era where criminals were treated more humanely and placed into a detentive states rather than publicly shamed or beaten. - The next shift occurs with the explosion of thinkers like Cesare Beccaria and John Locke began to question the nature of deviance at its root, focusing less on the wrongdoing and more on the situation surrounding the wrongful act. - Currently, we've experience a grand shift towards the prison system. Currently the U.S. prison system houses around 5% of the world's population. Some compare this to the out of sight out of mind proverb where we simply warehouse mass amounts of people in order to "protect society".
Why is it important to study prisoner reentry? Why has it become increasingly difficult for inmates to successfully transition from prison to free society? Discuss some of the collateral consequences of incarceration and parole release.
- Studying prison reentry tells us how successful the preventative measures we're taking are and have been. - Provides detailed data on which methods work and which don't. - It has been increasingly difficult for reentry based on the social ideology of tough on crime we've been lulled into. - A greater stigma is placed upon those who have been at one point a part of the system. Reasons for increasing difficulty - Parental incarceration leads to bad outcomes which lead to poverty marginality - Extremely expensive to house offenders in prisons and jails. - Public not sympathetic of offenders Consequences - Parole is publicly viewed as soft on crime in some light creating disagreement between the public and the Justice System. - Requires teamwork from not only the offender and the justice system but also the public into which they're being reintegrated.
2. Discuss the first and second waves of prison reform as they pelate to women. How did they view the causes of crime among women differently? How were their solutions to female crime different?
1) First reform - Elizabeth Fry - dedicated herself to the conditions of female inmates. Advocated such reforms as work, training, religion and routine. Moreover, her recommendations reinforced traditional views of femininity by teaching women inmates proper manners and etiquette. She also argued in favor of female warders rather than males. Later reforms in the 1820's in the US were led to several campaigns to improve the conditions of confinement for women, most notably their insistence that female inmates be supervised solely by female warders. 2) Second reform - Late 1800's, early 1900's in America - also promoted a sense of traditional femininity and female morality. Associated with the medical model. This new generation of reformers fought for training law, medicine, and social work without the religious zeal. Another import reform was the emergence of two types of institutions. Custodial (more severe) and reformatory (less severe). Custodial was filled with more African Americans in the south whereas the reformatory institution housed more whites in the northern states. Early aims at disciplining women focused less on the male dominated ideology into the transformation of law-abiding citizens and more on domestic chores, thereby reinforcing traditional sex roles. Punishment was met for petty infractions like smoking cigarettes or using profanity which are traditionally considered unladylike.
Explain the two ways in which probationers can be released from probation.
1) Probationer successfully and without further instance completes their assigned length of time. Sometimes probationers are released due to exemplary behavior. 2) At times probation is terminated solely as a result of the need to reduce the caseloads of probation officers.
Compare and contrast 3 schools of thought on drug-control policy. What are the differences between the legal, public health, and cost-benefit perspectives? What is harm reduction?
1) Public health generalism - finds that the consumption of psychoactive substances leads to such problems as time taken off work, shortened life spans, etc. 2) Legalism - focuses not on the personal harm suffered by the individual, but on the social harm inflicted on society. 3) Cost-benefit specificism - supports the idea that the formulation of drug policy involves balancing both the costs of abuse and the likelihood of reducing them by legal prohibition. 4. Describe 4 ways to control drugs. What's the difference between a supply-side and demand-side approach? Which works best? What's the difference between decriminalization and legalization?
Despite more crowding in prisons in recent years, violence has actually declined. Discuss some strategies that might explain reduced violence in prison.
1) Reduction in overcrowding 2) Administrative focus on staffing officers which can address both individual and collective violence. 3) Better screening of inmates who are more likely to resort to agression or violence. 4) Assign those more prone to violence to higher security prisons. It is argued that rehabilitative ideologies coupled with meaningful programs are more effective and efficient in maintaining order and safety than in the custodial philosophy.
Describe 4 ways to control drugs. What's the difference between a supply-side and demand-side approach? Which works best? What's the difference between decriminalization and legalization?
1) Supply reduction - proposes continued expenditures on law enforcement and interdiction to reduce the supply of illegal drugs. It is assumed that the consumption of illegal drugs decline. 2) Treatment - 3) Prevention/Education - Public health generalists believe that revealing pure information about drugs promotes an honest representation of substances. 4) Decriminalization/Legalization - Public health generalists favor decriminalization because it reconceptualizes substance abuse. Cost-Benefit specialists endorse decriminalization but only for less harmful drugs. Supply reduction - public health generalists disagree with efforts to limit the supply of illegal drugs because they contend that non-prohibited drugs are just as harmful.
Explain Maslow's hierarchy of needs. What implications does it have for participatory management? How do gangs fit into Maslow's theory?
1. Biological and Physiological needs - air, food, drink, shelter, warmth, sex, sleep. 2. Safety needs - protection from elements, security, order, law, limits, stability, freedom from fear. 3. Social Needs - belongingness, affection and love, - from work group, family, friends, romantic relationships. 4. Esteem needs - achievement, mastery, independence, status, dominance, prestige, self-respect, respect from others. 5. Self-Actualization needs - realizing personal potential, self-fulfillment, seeking personal growth and peak experiences. One must satisfy lower level basic needs before progressing on to meet higher level growth needs. Once these needs have been reasonably satisfied, one may be able to reach the highest level called self-actualization. Maslow's hierarchy of needs provides a framework for understanding why gangs are becoming increasingly popular among today's youth. Teenage gangs satisfy each level of need in Maslow's hierarchy. When youths join gangs, their physiological needs are met: food, shelter, warmth, and their quasi-physiological needs, such as sex, heroin, and crack, also are met. Youths are provided with a sense of safety in the knowledge that if they are ever harmed by another individual or group, the other gang members will retaliate viciously against those who caused the harm. Moreover, youths are given a strong sense of belonging within the gang, and in this environment the belonging is not based on achievement but instead on simply "wearing one's colors." After passing a one-time initiation ritual, the sense of belonging provided by gangs is extremely close to unconditional. And given this almost unconditional acceptance and inclusion within a gang, the youths' feelings of self-worth naturally flourish.
Explain the difference between importation and deprivation explanations of prison socialization.
Deprivation - acknowledges the pains of imprisonment provided as the deprivations. By its very nature prison deprives convicts of basic needs, causing frustration . Importation - the pressure created in prisons has less to do with deprivations and more to do with the characteristics of inmates. Prisoners import their ideas, attitudes and behaviors from their outside lives.
Know the rules of the inmate code. How are these rules different from the unwritten rules in free society? How are they the same? What are some different inmate roles? Based on the inmate code, which roles would be considered acceptable?
Inmate code 1) Dont interfere with inmate interests. (Never rat on a con, dont be nosey, be loyal to your class) 2) Don't lose your head (Play it cool and do your time) 3) Don't exploit inmates (Don't break your word, Don't steal from the cons, Don't sell favors, Don't be a racketeer, Don't welsh on bets) 4) Don't weaken (Don't whine, Don't cop out, Don't suck around, Be tough 5) Don't be a sucker (Don't accept the guards' view of the world) Inmate role 1) The right guy - the "real con" or "real man", exemplification of the convict who enthusiastically celebrates the inmate code. Dependable and always keeps promises. 2) The rat or sqealer - Provides information about some illegal actuavity. Due to this behavior he is usually vehemently despised by other inmates, usually the subject of much violence. 3) The tough - highly violent and aggressive inmate who is always willing to fight, even over minor issues. 4) The gorilla - more predatory than the tough, sets out to exploit other inmates by force 5) Merchant - Engages in rackets to sell goods in short supply. 6) Weakling The code promotes strong normative imperatives, and noncompliance is met with sanctions ranging from ostracism to psychical violence, very similar to modern society.
What is the difference between instrumental violence and expressive violence?
Instrumental violence - violence that is rational or calculative because it sets out to achieve a particular goal. Additionally it is often premeditated. Expressive violence - violence that tends to be impulsive and expressive in the emotional sense, characterized by spontaneous release of tension. Stems from annoyance-motivated aggression that is engaged in to escape, reduce or terminate acute or chronic annoyance
What are the three interest groups involved in the "corrections industrial complex"? What is a subgovernmental model of corrections control?
Interest Groups Involved Similar to the iron triangle of CJS where control has taken hold, the groups involved are: 1) Private Corporations eager to profit from incarceration. 2) Government agencies anxious to secure their existence. 3) Professional Organizations (American Bar Association, American Correctional Association) SubGovernmental Model 1) Each of the participants in the corrections subgovernment shares a close working relationship supported by the flow of information, influence and money. 2) There is a distinct overlap between the interests of for-profit companies and professional organizations and the interests of the federal agencies maintained by the flow of influence and personnel. 3) The corrections-industrial complex operates without public scrutiny and exercises enormous influences over correctional policy. 4) The corrections-industrial complex shows signs of becoming a fixture within the national policy area of punishing lawbreakers as the participants define their activities in the public interest.
What are intermediate sanctions? What purposes do they serve? Name some different types of intermediate sanctions. What are their strengths? Weaknesses? What is "net widening"?
Intermediate sanction - Other alternatives to incarceration such as intensive probation, substantial fines, community service orders, and treatment orders. They serve to close the gap between severity (prisons) and laxity (probation). - Pre-trial diversion - defendants are diverted through programs with no history of criminal offense -Community Service -Day fines and probation fees -Work release -Halfway houses Pros - Less costly than imprisonment, keep people necessarily out of prisons, inadvertently affects those tied to the prison (family, friends, co-workers, other members of society) Cons - Very intensive, could extend the net of criminal justice reach. Net-Widening - term given to the process of administrative or practical changes that result in a greater number of individuals being controlled by the criminal justice system.
What is meant by the "stick and carrot" approach to prison enforcement? What is overenforcement and underenforcement and why are they both problematic? What is a "corrupt alliance"? Why must officers be flexible in enforcement?
It is meant to exemplify that cooperation is achieved through both reciprocity and default. Over-enforcement - Some officers enfoce rules strictly "by the book", writing up every inmate for the most minor infractions. Such practices are obviously resented and can create a dangerous process of retribution. Also, correctional officers are closely scrutinized by their colleagues, hard liners do not earn much respect from their operational peers or supervisors. Under-enforcement - Officers who rarely take any formal action at all. Such officers may be intimidated by fear or overly sympathetic. Some inmates adversely take advantage of this laissez-faire style and manipulate staff to see how much they can get away with. Corrupt alliance - the working relationship that occurs when minor violations are overlooked in an implicit "bargain" with inmates to comply with major regulations. Ultimately, the enforcement of discipline must be reasonable, steering a middle course between severity and laxity, and neither ignoring nor over-enforcing the rules.
How is "mandatory supervised release" different from traditional parole? How is it the same?
Mandatory Supervised release - A prisoner has served a certain portion of their sentence and because of factors like good behavior are released into parole. Traditional Parole - Granted or denied at the discretion of a parole board. They are similar in the respect that behavior is a factor in both cases. They both release into the same pool of parole. Both expected to lead a crime free life
Research studies find that people on probation are less likely to re-offend than people who are incarcerated. Discuss two competing explanations of this finding. What is selection?
Pro - An inmate released on probation may feel more tied to society, thus less likely to offend out of fear of being ostracized or judged. Con- The pool of offenders sentenced to the alternative are not being drawn from those who otherwise would have gone to jail or prison but from those who otherwise would have been sentenced to a less restrictive punishment.
Debate the pros and cons of privatizing corrections? What does it mean te o privatize gains and socialize losses?
Pros - Privatization has been shown to be an effective way to administer other public services. - Private prisons save costs. - Greater drug misconduct inside Governental prisons. Cons - Right to power is an exclusive state right. - Profiting from corrections reduces the administration of justice to the accumulation of capital at the expense of programmatic and humanitarian ideals. - Hiring personnel at lower wages, private prisons assemble correctional staff less experienced than their public counterparts. Privatize Gains and Socialize Losses - Businesses and individuals can successfully benefit from any and all profits related to their line of business, but avoid losses by having those losses paid for by society. - Privatizing profits and socializing losses suggests that when large losses occur for speculators or businesses, they are able to successfully lobby government for aide rather than face the consequences of said losses.
Why do we have a War on Drugs? Why do we care if people use drugs? What is the underlying theory about the causes of crime and drug use in the current War on Drugs?
Public health generalism finds that consumption of psychoactive substances lead to such problems as increasing costs of health treatment, excessive time taken off work, family problems and shortened life spans. This places more emphasis on the harmfulness of the substance whereas legalism focuses on the social harm inflicted on society.
What is racism? What is institutional racism? Why is institutional racism so hard to combat?
Racism - When an individual expresses racism on a certain person or persons, we see racism as a deep idealogical attitude or belief. Institutionalized Racism - Racism that manifests itself in discriminatory policies and practices within systems (economic, educational, criminal justice). Institutional racism is difficult to combat with it contributes to systemwide norms that lead to yet more discrimination because it lacks visible racism.
In recent years, many police departments increasingly use "stop and frisk" strategies in their policing. What is the rationale for this strategy? What are some potential problems with this strategy? Are racial and ethnic minorities being over-stopped? How would we know? Discuss two strategies for trying to find out.
Rationale - On Call Police stop civilians who appear out of place or sinister based on the belief that there is a relationship between appearing different and deviance in any form. Potential Problems - Citizens who have been subjected to racial profiling tend to view the Criminal Justice System as unfair and racist. * Rates of stop and frisk are higher among African American and Latino residents than Whites. * Where police have legitimately admitted to racially profiling, of 2000 stop and frisks that resulted in a finding of contraband, 25% were White, 13% Black and 5% Latino. We know based on the types of stops and the names they are given. - One such is called an "out of place" or "border patrol" stop, occurring in predominantly white neighborhoods where being black or brown as being suspicious. - Another type is known as an "urban control" stop in which it's aimed at young minorities who've illegitimately labeled as narcotic traffickers.
What are 3 sources of violence in prisons? Describe 6 theories about the causes of prison riots.
Sources of violence 1- Violent prisoner - stems from the aggressive methods used to eliminate annoyances, settle disputes, or gain goods or services. 2- Social climate of violence - Situational context is not the sole producer of violence, but may enhance or reduce the likelihood of occurrence. Motives include payoffs (peer admiration or creation of fear), Immunity or protection (victims generally adhere to a code of silence), Opportunities, Temptations, Challenges, Provocation 3- Overcrowding - the effect is destabilization, leading to aggression and violence. Prison Riot causal theories 1) Environmental conditions model - focused on the environmental components of the institution, such as poor, insufficient or contaminated food, lack of professional leadership, brutality, absence of treatment programs. 2) Spontaneity model - asserts that riots are unplanned, spontaneous events. 3) Conflict model - riots are not viewed as abnormal but rather expected reactions to repressive conditions. 4) Collective behavior/Social control model - any major failure in prison stability of formal or informal control mechanisms can lead to a disturbance or riot. 5) Power vacuum model - Riots and disturbances are more likely to take place when inmates receive a power vacuum, and such inmate action is a symbolic attempt to establish stability. 6) Rising expectations model - Violence erupts when reform fails to live up to its expectations.
Why have both labor and capital traditionally been opposed to privatization of corrections?
1) Critics of privatization insist that the right and power to punish are exclusively limited to the state. 2) Profiting from corrections reduces the administration of justice to the accumulation of capital at the expense of programmatic and humanitarian ideals. 3) Hiring personnel at lower wages, private prisons assemble correctional staff less experienced than their public counterparts.
Discuss how the physical plant and control procedures contribute to prison security. Which is more important? Describe some different control procedures used by prison staff.
At Marion, which had become synonymous with violence, upon evaluating the sources of violence, experts discovered key flaws in the design of the facility, such as open cell fronts that left staff vulnerable to assault. In supermax prisoners which were constructed to avoid future re-occurrences of violence as a result of faulty design, the prisoners remain in windowless cells for 22.5 hours a day, with virtually no face to face contact. The unrelenting heat produces headaches, nausea, and dehydration that drains the inmates of their mental and bodily energy. Again, and this time from a different aspect, we see violence, aggression, and discontent as a result of the institution more so than from the inmate's personal tendency for violence. When an inmate refuses an order, he is forcibly removed by a team of trained guard with gas pellets, shields and batons.
What are some criticisms of parole? What are some of the problems with parole boards?
Criticisms 1) Soft on crime 2) Defeated primary purpose of CJ system, community protection. 3) Effectiveness and fairness. 4) Even methodological research has found inconclusive whether or not parole affects recidivism. Problems with Parole 1) High failures rates must be viewed in the light of the lack of sufficient resources allocated to patrol agencies. 2) Lack of resources affects parolees who need services and programs related to substance abuse and unemployment. 3) Prison Overcrowding - As available prison cells become more and more scarce, more inmates are released early to accommodate new admissions. 4) Prisoners kept too long in prison are less likely to succeed on parole.
What are the two main functions of jails (i.e., who are the two main kinds of people in jail?)?
Jails house the two types of lower class individuals as a form of social control 1) The working poor 2) Underclass (Rabble)
Describe the four-stage process beginning with "disintegration" that people experience upon entering the jail. Why is this process potentially problematic for arrestees and society? What should be done?
4 Step Process 1) Disintegration - The process by which social ties are destroyed through detainment, forced proximity and lack of individuality. This includes things such as being denied access to telephones making it difficult to contact family, friends and court appointed attorneys. 2) Disorientation - Psychological issues experienced upon detainment such as a sense of internal disorganization and demoralization. - After months of detainment, released inmates reenter society in a state of confusion. Jail house routine activity becomes the norm for the inmate. Eventually their sense of independence is replaced by feelings of powerlessness. 3) Degradation - The jail experience is accompanied by relentless humiliation, inmates stripped of their dignity. Under routine surveillance by the staff, detainees are subjected to frisks, strip searches and body cavity examinations. - Following months of detainment, outward appearances tend to change as a result, i.e. beards, long straggly hair. In court inmates can at times be judged by their appearances, further adversely affecting them. 4) Preparation - Punitive process meant to be such, while no intention of long term detainment is assumed, offenders (namely rabbles) fall victim to the self-fulfilling prophecy of the CJ cycle. For many, they eventually accept the title "loser" or "*******", essentially becoming that. This process adversely affects not only the detained by the aforementioned reasons, but also society in that upon release, his/her tendency will be higher to re-offend, burdening the public monetarily and requiring a further allocation of resources. This can be solved by offering more rehabilitative and support programs instead of perpetuating the warehouse reality of jails.
How are parole and probation the same? How are they different?
Similarities - They both promote good behavior and a more successful and fluent return to normal society. - Treat and reform offenders - Attempt to rehabilitate - Save money versus incarceration Differences - Probation is given in lieu of incarceration, parole is post incarceration. - Some probationers are not required to maintain constant contact with the justice system depending on their situation.
What kinds of offenders are typically given probation?
- As financial costs become more of an issue, probation might be granted in some cases on the grounds that it is cheaper than imprisonment, especially with non-violent and low risk offenders. - In such a case the judge feels confident that granting probation does not jeopardize the safety of the community.
Historically speaking, what is the difference between gaols and jails?
- Jails are to this day the oldest component of Criminal Justice. - Gaols is the historical term for jails, essentially pronounced the same way yet spelled differently. 1) Gaols role is not as well defined as its current day counterparts. 2) Gaols are more local, less stable, based around the executive branch
Is the criminal justice system racist? Racial discrimination in sentencing appears to have declined over time. How might race still impact outcomes in the criminal justice system?
1) Some argue that racism occurs during early stages of the CJ process (arrest, prosecution, conviction) 2) Historically the CJ system has engaged in processing disproportionate numbers of minorities and recent immigrants. 3) Today, African Americans are disproportionately represented in prison systems in all states. 4) Racial and Ethnic minorities are overrepresented in the american criminal justice system. 5) Black men are incarcerated at a rate six and a half times higher than his white counterpart. Race may still play a vital role during an early stage in the process that as a result creates a butterfly effect echoing in importance all the way to sentencing.
Who are in women's prisons? How are the characteristics of these women similar to those of their male counterparts? How are they different? How might the "pains of imprisonment" be greater for women than men?
32% Violent Crimes (historically) 9.5% Murder 30% Property Crimes 9% Larceny 28% Drug Offenses They are quite similar to their male counterparts, men being imprisoned more for violent crimes 50% 40% admitted to having full time employment prior 33% of women said a drug offense brought them to prison Women are more subject to abuse by male officers which is further perpetuated when an inmate speaks out against an officer and he is protected by the legal unions.
What is sexism? What is institutionalized sexism? What are some of the additional burdens that institutionalized women face in comparison to men?
A key component is the confusion between sex and gender. Lombroso and other psychologists failed to distinguish between traits that are biological and inherenet in the sex and those traits that are socially induced. For example, the claim that women are biologically submissive while neglecting to recognize that women are socialized to remain passive illustrates the confusion between sex and gender. Institutionalized sexism can be explained through a social view of woman as being the weaker sex. In the 1800's this view was incorporated into the study of female criminality and thus negatively affected the entire paradigm of study related to female criminality. Women may not fit as quaintly into the ideological assumption that gender should not be an issue in that some women may have been victimized, have different economic needs and may encompass different social positions than man putting them into an unfair disadvantage.
What is the argument for privatizing corrections? What are the benefits for society? What are the potential costs?
Argument for - Free market with competition for profit lowers costs based on competition - Lowers wages which in turn demand less training, more availability, more low wage jobs Benefits - Cheaper products, more reward less risk (short term) - Universalizes access to certain products not readily available to all prior Potential Costs - Creates institutions like for profit with less governmental oversight and restrictions. - Further divides classes. - Creates conflict and potential class warfare between the have's and have not's.
What is the purpose of the pretrial detention/bail decision? Why is it so important to look at earlier stages like the pretrial stage for racial/ethnic disparities in treatment? Why might unwarranted disparities be greater at pretrial than at sentencing?
Bail decision - to establish a price reflective of the deviant act committed to land someone into the judicial process. It's important to look at the pretrial stage to observe whether or not a racial disparity occurred during the pretextual stop, which would be behind the watchful eyes of the court system, logically subject to the personal dispositions of the officer who began the process. White females are significantly more likely than others to receive bail amounts below schedule guidelines. Suspects are more likely to be detained if the bail is sufficiently higher than they can afford, regardless of their race or ethnicity. Judges decisions reflect their evaluation of blameworthiness of the offender, their desire to safeguard the community by incapacitating dangerous criminals and the social costs of their sentencing decision. There is a much greater emphasis on racial/ethnic/gender equality at a higher, more subject to reflective notions of equality step in the judicial process.
Describe the "broken windows" theory of crime and how this theory can be used to help reduce crime? What is an alternative explanation for the relationship between broken windows and crime?
Broken Windows Theory - Criminological theory of the effect of urban disorder and vandalism on additional crime and anti-social behavior. - The theory states that maintaining and monitoring urban environments in a well-ordered condition may stop further vandalism and escalation into more serious crime. Alternative Theory - Collective Efficacy - Cohesion among residents combined with shared expectations for the social control of public space determine the real relationship between social order and deviance.
People are constantly debating the effectiveness of probation. What criterion is most often used as a measure of effectiveness? What are some alternative criteria?
Criterion - most of the time based on rates of recidivism. Recidivism is based on four methods: 1) Violation of the conditions of probation. 2) Arrest for a new offense. 3) Conviction for a new offense. 4) Revocation of probation. In recent studies, drug treatment research supports that the contention that drug treatment does reduce recidivism.
What is the difference between the "design capacity" and "rated capacity" of a jail? What does the difference have to do with crowding?
Design capacity - The number of people safely rated to inhabit an institution based on the original construct of said institution. Rated capacity - the number of people said to be able to safely inhabit an institution based on a rating given by an inspector. This could affect overcrowding if the jails have an advantage for housing more inmates, essentially earning more money, simply by increasing their rated capacity.
Explain the difference between general and specific conditions of probation.
General Conditions - more standard conditions applied routinely and universally. 1) Lead a law abiding life 2) Maintain employment 3) Meeting family responsibilities 4) Pursuing educational or vocational training 5) Undergoing substance-abuse treatment 6) Pursuing or receiving medical and psychiatric attention 7) Avoid consorting with convicted felons. Specific Conditions - conditions applied case by case. One example would be if a probationer has a history of child molestation, he or she would be ordered to avoid places frequented by children.
For parole to be successful, we must have cooperation from both the inmate and society. What are some things that society can do to help inmates make a successful transition? What are some things that society does to impede this successful transition?
Help - Offer programs that address the needs of the victims and the community as well as the offender. - Design restorative programs for offenders who are to make reparations to the victim. Harm - Growing coercion to insure that offenders cooperate in turn imposes more severe sanctions upon failure to do so. - Paradoxically, restorative justice tends to expand the number of program requirements, thus increasing the likelihood of non-compliance. - Heightened public scrutiny and a demand for offender accountability produces a greater number of revocations.
Compare and contrast the medical and justice models of criminal justice policy making. Explain how the shift to fixed sentencing reform took place. That is, how did we get from a medical or treatment model of sentencing to a justice model of sentencing? And, is the justice model of sentencing that we have today what the original sentencing reformers actually had in mind? How is it different? What is cooptation?
In the 60's and 70's a large disparity in sentencing was beginning to take shape. That is, there was no guarantee on how long or severe a sentence would be solely based on the facts of the crime. As a result, there was much conflict arising regarding the fairness of indeterminate sentencing. Along with this surfaced a new idea of legal equality, begging to implement a fairer, more universal system, which came to be the justice model of sentencing. Our current model falls short of the left winged original plan which emphasized a laxation on crime and a focus on the details of the act itself. Today we live in a rigid yet forgiving system where majoritarily we have a "tough on crime" mentality yet still have rehabilitative and medical tendencies pertaining to crime. Cooptation - refers to the purchasing of an institution by a private organization where one business entity can profit from imprisonment.
Probation officers sometimes suffer from a "role conflict" in their jobs. What does this mean and what roles are conflicting? How can this role conflict be reduced?
Officers combine two conflicting professional elements: Law Enforcement and Social Work At the root of the conflict is the assertion that the parole officer's police role undermines the client's willingness to share personal and sensitive information with the officer. Proposals to eliminate such dissonance have suggested that agencies should adopt one goal over the other. Because of the lack of funds allocated, in turn affecting caseload, more money could be directed towards Probation and Parole Officers.
What is "penal populism"? What is meant by "governing through crime"?
Penal populism is the process by which competing political parties compete to be tougher on crime than the other. This usually reflects a distrust or loss of in a governing body's ability to keep crime under control and place more criminals into prison where they belong. Despite evidence that such punitive campaigns fail to protect society, the process of scapegoating unpopular people still delivers psychic relief for those who feel wronged. Governing through crime refers to the rise of a governmental organization fueled by the existence of crime who paradoxically seeks to rid said crime.
Many people have criticized "stop and frisk" policing. Why? What is a pretextual stop?
Pretextual stops 1) Out of place/Border patrol stops - those which occur in predominantly white neighborhoods where "being black or brown" is viewed as being suspicious. 2) Urban control stops - Aimed at young minorities whom police have profiled as drug traffickers despite any evidence other than their race. 3) Pretextual Terry stops - Target minority pedestrians, namely young African Americans and Latinos.
What is probation? Why do we have probation? That is, what are its goals?
Probation - the imposition of a sentence whereby the offender is permitted to remain in the community but is subjected to supervision and/or other conditions mandated by the courts. Probation emerged as a judicial reprieve from sentencing, giving judges the ability to alternatively punish many non-violent and non-deserving offenders. In theory, probation offers the offender an opportunity to rehabilitate themselves. The ideals of probation surfaced as a result of the progressive era of corrections in the 1870's.
The stated functions of the jail are twofold: 1) hold people awaiting adjudication or transfer and 2) hold people serving sentences usually of a year or less. What are "rabble"? What is the unstated function of the jail? Explain the difference between offense seriousness and serious offensiveness. Why are the rabble in jail?
Rabble- Individuals who are perceived as being disreputable. These are people who exist on the margins of society with whom we're not sure what to do. - Moreover, people considered rabble are many times those caught in the endless loop of arrest, incarceration and recidivism due to insufficient societal means of escaping. Unstated function - Jails are used in American Society to manage the underclass. Offense seriousness - True categorical method used to dictate the severity and conditions under which a crime was committed. Used primarily in the determination of the proper sentence. Conditions considered are a) blameworthiness (prior record, type of involvement, remorse), b) practicality, emotional or physical problems and c) availability of adequate jail space. Serious offensiveness - a less than factual method of categorizing offense focused, instead of the offenses themselves, on the degree to which the offender does not fit quaintly as one of the rest. - Essentially detaining rabble as a political diversion for minor offenses that do not fit the stereotype of a dangerous and threatening criminal in order to "protect" society in the meantime.
1. In recent years, the U.S. has instituted many "get tough" policies regarding crime. Many of these policies are based on public misconceptions about crime, criminals, and the ability of the criminal justice system to do something about crime. Discuss some of these popular misconceptions and why "get tough" policies are unlikely to be as effective as the public imagines.
Some believe that the mass incarceration trends are a result of a public outcry as a mechanism of social control. It is said to mark a governmental response to public anxiety over perceived lawlessness, poor people, and racial minorities. - Increases in the prison population have expanded the roster of laws and penalties, including capital punishment. Another expansion is the three strikes or get tough philosophy on drug offenses. Thus more convicts were in turn sentenced for more crimes and serve longer sentences. IN conclusion throwing more people in prison for longer sentences has created a corporate economy based on incarceration, essentially taking all focus off of rehabilitation.
Many people argue that rehabilitation programs for offenders are a waste of time. What do we know about the effectiveness of rehabilitation programs? What are some of the shortcomings of prior studies that evaluate the effectiveness of programs? What are some of the factors associated with program success?
Successes - It works to alleviate jail and prison overcrowding. - Less costly than incarceration. - Programs like dispute resolution and restitution help to humanize the CJ process but work to hold offenders accountable for their actions in the eyes of the victims. - Restorative Justice acknowledges the harm that crime has not only on people but also on the communities. Shortcomings - Relies on coercion of involvement by offenders, paradoxically administering harsher penalties upon non-conformance. - Offenders lose certain rights and privileges they are granted through the current adversarial process. - Offenders subject to greater levels of supervision. Measurement Factors - Recidivism rate - Maintenance of post-incarceration employment - Successful reintegration into society.
If drug use is roughly comparable across different racial groups, why are there disproportionately more Black and Latino people in prison for drug offending? How is the War on Drugs a War on the Poor?
The drug abuse of the lower class is a symptom of a much deeper problem faced by tens of millions of individuals with blocked opportunities. Much of the time the eager criminal enforcement do not aim for the kingpins yet the poor drug violators who can many times not adequately defend themselves. Many of those drug peddlers are merely excersing one of the few economic options available to them for tangible rewards. By contrast, middle income ;persons with meaningful jobs, intact social ties are less likely to chance incarceration and stigmatization. Also the 100/1 gram crack/cocaine law.
Who is in control of prisons? What is informal social control and why is it important for maintaining prison order? What is participatory management and what are its goals for prison management?
The federal Bureau of Prisons operates the federal prison system, administrated by the US Department of Justice. Currently there are 100 federal correctional facilities. Once sentenced, US marshalls is responsible for transporting the sentenced to their respective institutions. State Prisons are operated by state officials, usually under the direction of a state commissioner who selects the wardens or superintendents. Informal social control - the self imposed controls that inmates exert over each other, apart from official sanctions. It is instrumental is having a self sufficient prison body that is maintained with as little disturbance as possible. Participatory management - A decentralized approach whereby decision making involves those affected by the outcome, to promote their commitment. This is important in that if the inmates feel as though they are always told what to do or think they are more like to rebel whereas if they feel as though the idea was their own, they'll be more likely to support and see the process through.
Overall, women and men were subject to the same penalties in preindustrial societies. However, women often suffered additional burdens relative to men in terms of the offenses that they could be punished for and the conditions under which they were incapacitated. Discuss these additional burdens.
Women engaging in deviant or criminal behavior were viewed as more depraved and morally corrupt. Women accused of adultery or openly criticizing men were subjected to punishments specifically designated for women. (The Brank or the ducking stool). Likewise men could be punished for not keeping their wives in check, a humiliating spectacle which reinforced than men dominated society. In the early 1800's female inmates were subject to horrific physical and sexual abuse by male convicts due to the lack of segregation of the two genders.
What is recidivism? The two components used to define recidivism are 1) the measure of failure and 2) the follow-up period? How might different definitions of recidivism lead researchers or the public to different conclusions about the success or failure of parole, boot camps, or treatment programs? What is one way to solve this problem?
Due to the tremendous discretion that probation and parole officers have, at times conduct that violates a condition of probation or parole is overlooked, thus skewing possible results. What's not considered by Society - Reentry into society can be a daunting task without the proper safeguards in place to ease an inmate back into society. - Such factors as inability to find employment and shock of reentry can be considered as factors in recidivism. One solution - By rethinking the role of aftercare in parole, a long term goal of the program could be to substantially alter the way in which juvenile offender aftercare and community reintegration have been designed and managed historically.
5. What is a total institution? Give some characteristics of a total institution. What is desocialization? What are the 5 "pains of imprisonment" we discussed in class? Each physical deprivation has an associated psychological pains. Discuss.
Total institution - places of residence and work where a large number of like-situated individuals, cut off from the wider society for an appreciable period of time, together lead an enclosed, formally administered round of life". Governed by a single authority situated within a strict heirarchy. They feature an inflexible chain of command and communication channels flow only downward. Deprivation of liberty - restricting an individuals physical movement by way of seclusion Deprivation of goods and services - the lack of possessing something leads to feelings of inadequacy. Deprivation of heterosexual relationships - convicts seek other means of sexual gratification. Deprivation of autonomy - inmates must eat, sleep, work, attend programs and recreate according to a rigid institutionalized regiment. Inmates feel not as an individual. Deprivation of security - they must live with other inmates, thus the worst part of the prison experience.
We discussed three routes to prison. Which of these three groups of inmates makes up a growing share of prison admissions?
Violent Crimes Property Offenses Drug charges Drug charges account for the highest population increase in prison demographics. Overall the number of sentenced drug offenders increased by 10,800.
What is deinstitutionalization and how does it impact jails?
The switch from a focus on simply warehousing troubled youths towards forcing communities to deal with them from a rehabilitative standpoint. This essentially attempts to keep youths who are not yet hardened criminals away from the CJ system and out of jails.
Over the last 30 years, the female incarceration rate has increased over 1000% whereas the male incarceration rate has only increased about 400%. Explain what a "base rate problem" is and why it makes the increases in female incarceration rates look larger than they truly are?
Base rate fallacy - a psychological tendency for minds tending to ignore general information (for example the rate of incarceration of ohioan women) and focus on specific information (a certain ohioan female's criminal history). This creates a fallacy of thought which provides disproportionate and sometimes misleading data. This bate rate fallacy can help to explain the near exponential increase in female incarceration rates in several ways. Coupled with the lack of historical focus on female incarceration related data and low predictive validity, females tend to be overclassified in the prison system. Over-classification occurs when risk assessments, designed for men, prescribe a level of custodial necessity more than their behavior warrants. This can also be observed when needs assessments fail to adress the unique needs of women. Another possible explanation could be that due to the new tough on crime crackdown on sentencing, the chivalrous nature of lenient sentencing has been thrown overboard, thus throwing the book at more women who'd have been let off in the past.
What is capitalism? What is a "surplus population"? Describe the process by which capitalism "feeds" the criminal justice system. What is the "prison industrial complex"? Why is it potentially dangerous?
Capitalism - Economic system with trade, industry, means of production, which is controlled by private owners who seek to make profit. Surplus Population - Refers to the unemployed and under-employed in capitalist society - The unemployed can be defined as those actually looking for work and that the relative surplus population also includes people unable to work. How it feeds the CJ System - Market forces create economic marginalization for some (less fortunate) - Surplus gets labeled as deviant - Conditions are conducive to crime - Marginalized are viewed as threatening - State invests in mechanisms of social control Prison-industrial Complex - CJS privatization creates a dilemma - Creates status quo, self-interest - Prisons viewed as recession proof - Allows lobbying from industry/unions - Perverse incentives
Discuss some reasons why jails are more crowded today than in the past. What is the effect of crowding on the functioning of jails? Discuss some ways that we could reduce crowding.
Causes - One of the major sources for jail overcrowding is prison overcrowding insofar as inmates known as state ready felons are held in local jails until space becomes available in the state prison. As a result jails have significantly more population than in the past or as current prisons do. Effect - Overcrowding places enormous strain on classification, sorting, housing assignments, food serves, medical services and various others (substance abuse). - Also it has been known to affect budgetary allowances. Strategy - 1) Expand capacity, New generation Jail - by improving physical features, these allow for direct inmate supervision. - New Generation jails also separate inmates into manageable groups to increase safety. 2) Alternatives to Detention - Such methods include probation alternative work services, restitution, fines, community service, work release and weekend commitment.
What happened during the Enlightenment? How did views about crime and punishment change? What is utilitarianism? What is deterrence? Why was this goal so revolutionary? What are the assumptions? What is the "panopticon"?
During the enlightenment period, great strides of inspiration clung to newly surfacing ideas which encouraged intellectuals and the curious minded to investigate scientific phenomena methodically and objectively. This was an important divergence in thought as it no longer needed to filter through a religious medium to hold water publicly. As the role of religion became less significant, social and scientific ideas of crime and punishment could now be conceptualized in a secular format. From this we see the birth of the idea of deviance and the role it plays in crime and punishment. Beccaria postulated his theory of deterrence borrowing heavily from the utilitarian perspective by saying that if laws were clearly written and understood, crime would in turn decline. He further stated that certainty and swiftness were much more influential drivers than swiftness when speaking of punishment. Panopticon - also known as the ultimate penitentiary, gave rise to the detention center in which a column in the center of an institution would stand as the lookout, much more able to see what was happening around it.
Describe some of the duties of probation departments. Discuss some of the challenges facing probation departments. For example, why is the public suspicious of probation? Duties of Probation Departments
Duties of Probation Departments 1) Probation officers conduct an in-depth interview with the defendant. 2) Probation officer check court records to determine the outcome of any arrest. 3) A summary of a psychiatric or psychological examination. Pre-sentence Investigation - allows the courts to determine which offenders are suitable candidates to serve their sentences in the community. The PSI report facilitates 1) The court with additional background information about the offender so the appropriate sentencing can be made. 2) The supervision and treatment of the offender, addressing problem areas such as substance abuse, emotional instability, family discord, unemployment, and deficiencies in education. Challenges/Criticism 1) PSI report is criticized due to the sometimes disproportionate weight given to probation officer opinion, excluding other information 2) Probation officers sometimes overlook conduct violating conditions of probation due to their tremendous discretion 3) Budgetary restraints 4) Enormous Caseloads 5) Failure to offer a clearly defined mission Public suspicious of Probation - Feel as though it's soft on crime. - Not very sympathetic of offenders.
Inmate classification in prison is crucial. What are the two main classification concerns for prison officials? What are some problems with inmate misclassification? What are overclassification and underclassification?
Initial classification - Prisoners first admitted to a correctional system are subject to an initial classification by which they are matched to a facility with an appropriate security level and housing assignment. Reclassification - Adjustments to the inmates classification are made while taking into account rule infraction or any other development that may signal a need for a change in security, custody or programs. Over classification - prisoners are designated to higher security institutions and assigned greater supervision than is warranted. Over classification producers greater expenditure because higher security costs more, and secondly those prisoners are subjected to conditions of confinement that are typically harsher and more restrictive than is necessary to secure them. Under-classification - an error which causes a more violent offender to be placed in a more general holding facility, essentially placing the rest of the population in greater danger than they would be having been over-classified.
In the eyes of prison inmates, what makes an officer "all right" versus an "*******"?
Officers who are worthy of respect by both peers and convicts. They represent the CO role in every facet, that is, they demonstrate excellent skills in exercising the fundamental tenets of prison work. Generally, successful officers are viewed as being fair-minded and mature.
What is parole? The primary objective of parole is to reduce recidivism. What are some other objectives?
Parole - Conditional release of a prisoner after serving a portion of his/her sentence in a correctional institution. Objectives - More fluent reintegration into society through maintenance and support. - Offenders are helped out by given employment which would otherwise be scarce and difficult to achieve. - Provides support groups for offenders with substance abuse problems where they wouldn't otherwise be exposed to them.
What is transportation? What is banishment? Why were these forms of punishment discontinued? What are civility codes? What is the purpose of civility codes?
Transportation - Relocation of criminals to one of the other colonies in early colonial America Banishment - A form of punishment imposed on an individual, usually by a country or state, in which the individual is forced to remain outside of that country or state. Discontinued - Public doesn't understand these laws. - Banishment feels like punishment. - Social isolation/trivial/irrational/ hard to meet needs. - Punishing Poverty? - Hybrid laws - shift burden of proof and restrict rights. - May lead to net-widening. Civility Codes - Ethical guidelines for the way people should treat each other and the way people should behave around each other. Most organizations have some sort of civility code, doctors and government workers take oaths, there's even a "campaign for global civility." They are not usually enforceable by law but are about good manners and better communication.
2. Why is it important to examine the composition of prison admissions and not just the composition of the overall prison population? What is the difference?
While developing or creating an opinion based solely on the observation of the raw data in relation to the number of prisoners in a given prison, focusing on the type of offenses committed and the percentage of inmates incarcerated based categorically, a different picture of the prison system would be painted. In such, we would see that while the number of people incarcerated every year may statistically increase, the crimes for which they are incarcerated are hardly deserving of public stigma as an automatic "criminal". On the contrary violent crime has steadily been declining since the 1990's and a large majority of inmates are locked up for substance and/or other non-violent offenses.
