Three restrictions on judicial discretion:
Mandatory minimum sentences
“Three strikes”
Sentencing guidelines
Sentencing Guidelines

Typical Guideline
– Criminal History Score X Offense Severity
– Each combination = specific range of sentences

Do they work?
– They do reduce sentencing disparity
– BUT, do they simply shift discretion to the prosecutors and the
legislature?
Corrections

Carrying out the sentence of the decreed by the judicial
system
– History of Corrections
– Community Corrections
– Intermediate Sanctions
– Institutional Corrections
The Middle Ages to the
17th Century

The Middle Ages
– Feudal period: blood feuds--> wergild
– Later Middle ages (Henry VIII, Elizabeth I)
• Increase in corporal and capital punishment
• Bizarre and extravagant tortures

17th Century
– Poor laws and “houses of correction”
– Transportation (for profit), galley slaves
Colonial America (1600s-1750s)



Punishment was public
Punishment was corporal or capital
Prison-like institutions existed, but were not used as
“punishment”
COPORAL PUNISHMENTS
The Rise of the Penitentiary
(1750-1800)

William Penn
– Revised criminal code in Pennsylvania to forbid torture and
mutilation; ordered new “houses of correction”

Walnut Street Prison (1790)
– Other states (New Jersey, New York) followed
Walnut Street Jail and Eastern Penitentiary
Pennsylvania vs. Auburn System

Pennsylvania
– Western Penitentiary, Eastern Penitentiary
– Silent System

New York
– Auburn Prison
– Congregate System

Only difference?
– Isolation of inmates during the day
Corrections in the 1800s

Auburn System wins debate
– Easier to perform labor; the only way to perform factory labor
– But, prison brutal, corporal punishment prevalent


Prison building boom (1850s)
Prison Industry
– Contract system, convict-lease, state account
The Progressive Era

We’ve already talked about the progressives
– 1920s
– Attacked many social ills (working conditions, poverty….)
– In Criminal Justice
• Argued that rehabilitation (not punishment, penance) should be the goal
of corrections
• Platform of indeterminate sentences, probation, parole.
Corrections from 1970 to present

Faith in rehabilitation crushed
– Liberals = justice model; Conservatives = punish


1970s = deterrence
1980s-present = deterrence/incapacitation
– Return to determinate sentencing
– 3 strikes legislation
– Chain gangs, “strip-down” prisons
Pennsylvania vs. Auburn System

Pennsylvania
– Western Penitentiary, Eastern Penitentiary
– Silent System

New York
– Auburn Prison
– Congregate System

Only difference?
– Isolation of inmates during the day
Corrections in the 1800s

Auburn System wins debate
– Easier to perform labor; the only way to perform factory labor
– But, prison brutal, corporal punishment prevalent


Prison building boom (1850s)
Prison Industry
– Contract system, convict-lease, state account
The Progressive Era

We’ve already talked about the progressives
– 1920s
– Attacked many social ills (working conditions, poverty….)
– In Criminal Justice
• Argued that rehabilitation (not punishment, penance) should be the
goal of corrections
• Platform of indeterminate sentences, probation, parole.
Corrections from 1970 to present

Faith in rehabilitation crushed
– Liberals = justice model; Conservatives = punish


1970s = deterrence
1980s-present=deterrence/incapacitation
– Return to determinate sentencing
– 3 strikes legislation
– Chain gangs, “strip-down” prisons
Conscience and Convenience

Why were the first prison built?
– “Penitentiaries”
– “Correctional Facilities”

Why do we still build prisons if we no longer believe in
rehabilitation?
– Incapacitation as the “default” goal of prisons….or “convenience”
The Corrections Continuum




Probation
Intermediate Sanctions
Jails
Prisons
Probation



Father of Probation is John Augustus
Formally adopted in progressive era
Suspend sentence, in return, offender abides by
“conditions of probation”
– Conditions set and enforced by judicial system
– Offenders who “fail” may have probation revoked, and original
sentence imposed
Functions of Probation Departments

Pre-sentence Investigation (PSI)
– Interview offender, case history, tied to rehabilitation
– Includes recommendation for sentence

Supervision of Offenders
– Counseling, meet with offenders
– Help with job, broker community resources
– Supervise (house visits, drug testing)
Use of Probation

Almost 2/3 of the total corrections population is on
probation
– Roughly 3.5 million offenders are on probation
– Average Caseload = 113

Goal has shifted
– Rehabilitation to supervision/zero tolerance
Parole

Parole as release from prison
– Discretionary release
– Parole board = appointed by governor
– Rehabilitation and intermediate sentences

Parole as supervision
– Similar to probation supervision
– Early release a privilege, therefore must follow conditions of
release
Abolish Parole?


Typically, states move to abolish “discretionary parole
release”
When this is done, “post release supervision” is still part of
the process
How “effective” are probation and parole
supervision?

Cost savings
– Probation and parole are much less expensive than prison

Recidivism
– Large differences in “recidivism” across jurisdictions
– As high as 65% (California felons), as low as 25% (Huntsville,
TX)
– Depends upon “risk” of clients
Intermediate Sanctions
Probation
Prison Death
ISP EM Boot Camp
WHY do these critters exist?



Prison crowding in 1980s
Probation viewed as failure
Need for “continuum” of sanctions
What is the goal of these critters?



Divert offenders from prison (save money)
Reduce recidivism (through deterrence)
Provide an option to judges that fits between prison and
probation
Intensive Probation or Parole Supervision (IPS)

Idea is to “soup up” traditional supervision
– Reduce Caseloads (15 to 40 offenders)
– Daily contact with offender
– Routine drug testing
– Curfews, home and employment visits
Do ISP’s work?

Do ISP’s divert from prison?
– NO, judges are reluctant to send “prison-bound” offenders to ISP (Net
Widening)

Do ISP’s reduce recidivism?
– NO, when compared to similar group of offenders, they actually do worse
(fishbowl effect)
– Similar to “California Caseload Experiments” of the 1970s
Shock Incarceration (boot camps)

Short, intense incarceration to “shock” the offender into
his/her senses
– military drill and discipline, physical exercise, hard physical labor
– typically reserved for young, non-violent, first-time offenders
– short time-span, typically 6 months
Do boot camps work?

Reduce Recidivism?
– NO, boot camp graduates have similar recidivism rates as offenders who
receive different sanctions

Divert Offenders?
– Possible, but not likely
– Depends upon where in the system they are diverted
Home Confinement and Electronic Monitoring


Home confinement is an old practice
Electronic Monitoring is used to enforce home confinement
– Technology emerged in the 1980s
– Most are bracelets that work like invisible dog fences
– Tell probation/parole officers whether or not a person has broken curfew
Residential Community Corrections

Traditional “Half-way house”
– Used to reintegrate prison inmates into society

Now
–
–
–
–
Traditional functions
Sanction for probation violators
Day reporting centers
Split sentences (probation + RCC time)
How do RCC’s Work?

Typically, they are house-like structures (not prison-like)
– Inmates (clients) are usually free to leave during the day (job,
classes)
– Return at night
– Most RCC’s are privately run
Evidence for Cost Savings and Diversion

In order to divert and save $, demonstrate that the offender
would’ve went to prison if not for the intermediate sanction
– Most programs demonstrate “net widening”
– Exception--if correctional personnel make decision.
Evidence for Recidivism

None of these sanctions have demonstrated recidivism
reductions.
– Why not? All of them are based on the principle of specific deterrence.
Example of boot camp--why would this reduce recidivism?
– Exception: some incorporate intervention programs grounded in good
theory
Evidence for Providing a “Continuum”

This is the sole “Victory” for intermediate sanctions
– Offenders report that ISP is more painful than traditional
probation, and some suggest it is worse than prison
– Is this enough to justify intermediate sanctions?
Why are these Critters thriving?


Provide Continuum
Politically Powerful
– Boot camp residents with shaved heads, saluting….
– Public wants “harsh” punishments
– Myth of effectiveness
Institutional Corrections
Go to jail, go directly to jail, do not pass go, do not collect
$200
JAILS

County Level Institutions
– Usually run by Sheriff and deputies


House inmates (less than 1 year) and pre-trial detainees
Conditions notoriously poor
– Little programming, no medical facilities
– Violence, shifting population, suicide rates high
Prisons


Hold individuals sentence to at least 1 year
Operated by the executive branch
– Federal Bureau of Prisons (BOP)
•
•
•
•
98 Facilities
126,000 inmates
Most inmates (60%) are serving time for drug offense
Prisons ranked on a 1 to 6 scale (1 = FCI in Colorado)
State Prisons



Over 500 prisons, and 1.2 million offenders
Governor typically appoints warden
Organization
– Maximum (razor wire, guard towers…)
– Medium (similar to max, but less serious offenders)
– Minimum (typically campus style)
Since the late 1970s, the total number of inmates in custody has
increased dramatically
The incarceration rate has kept pace
Why the dramatic increase?

Change in public opinion, and political emphasis
– Three strikes laws, “truth in sentencing”
– Drug Policies


Increase in felony convictions
Factors that do not clearly influence incarceration
– Crime rates
– Economy
Profile of Prison and Jail Inmates

Racial Profile
– 35% White, 44% Black, 11%, Hispanic
– 11% of black males in 20s and 30s



Most (98%) are male
Most are poor, with less than a high school education
Most (60%) have been in prison before
The Pains of Imprisonment

Gresham Sykes
– Material possessions
– Heterosexual relationships
– Security
– Autonomy


Deprivation model vs. Importation model
Does old “inmate code” still exist? NO
The Inmate Economy

A black market exists in almost all prisons
– Sex, drugs, alcohol, food, better living conditions…
– What is the currency of the prison economy?
CIGARETTES

Why not “stamp out” the prison economy?
– Guards are pragmatic (worry about the big stuff)
– Some guards are part of the economy
Prison Gangs


Similar to the “outside,” gangs are divided along racial
lines
Roughly 6% of inmates identify with a gang

Gangs control economy, rackets…
– Primary concern is gang violence, and the possibility of riots
Women’s Issues

Typically single prison per state
– Get less resources
– More difficult to visit

Pregnancy, motherhood
– Where do children go if mothers are locked up?
Does Rehabilitation Work?

Martinson (1975) “nothing works”
– He later recanted his position, and argued that dome things do
“work,” but nobody listened

Don Andrews (Canadian Psychologist)
– Much “rehabilitation” is “correctional quackery”
– What works?
• Cognitive/Behavioral based programs
• Intensive intervention with follow-ups