Chapter 18
Corrections
Criminology 8th edition
Larry J. Siegel
© 2003 Wadsworth Publishing Co.
QUESTION
Is the deterrent effect of prison weakened
when inmates are granted early release?
CORRECTIONAL
TREATMENT
• Community-based programs
• Secure confinement
Why do we sentence
convicted offenders to prison?
Are offenders better served by
being treated in the
community or in a secure institution?
Why Use
Community Based Corrections?
• Incarceration is more costly
• No evidence incarceration rehabilitates
• CBC maintains family & community ties
• Broader possibilities exist to balance the
severity of the crime with punishment
The
Punishment
Ladder
Intermediate
sanctions allow
judges to fit
punishment to the
crime without
resorting to a prison
sentence. They are
punitive because
they are increasingly
severe.
Death Penalty
Prison
Boot camps
Split sentences
Residential community center
Electronic monitoring
House arrest
Intensive probation
Restitution
Probation
Forfeiture
Fines
What is Probation?
• The most common form of CBC –
approximately 1/3 of all felony cases.
• Probation is a criminal sentence.
• Mandates placement of an offender in the
community
• Under the supervision of an agent of the
court
Special Conditions Imposed on
Probationers
Supervision Levels
Is Probation Successful?
• Evidence is mixed
• Recidivism - what does it mean?
– Rearrest, reconviction, technical violations
• Serious offenders most likely to recidivate
• Probation recidivism is lower than prison
recidivism
QUESTION
Who should determine if a convicted offender
receives probation?
How would determinate and indeterminate
sentencing differ on this decision?
What factors should be taken into
consideration?
What’s the Future of
Probation?
It will likely continue to be the most
popular alternative sentence because it is:
• Flexible
• Alleviates prison overcrowding
• Cost effective
• Allows for the imposition of probation fees
Fines as a Criminal Sanction
• Used more often in
lesser offenses or
when financial
profits were high
• Fines may
discriminate
against the poor
• Many fines go
uncollected
$$$
Day Fines are based on
the seriousness of the
offense
and the offenders ability to
pay.
QUESTIONS
Is it fair to gear day fines to wages?
Should offenders be punished more severely
because they are financially successful?
Should a fine be based on the crime or the
ability to pay?
Forfeiture as a Sanction
• Can be used in civil & criminal cases
• Seizure of goods & instrumentalities related to
the commission or outcome of a criminal act
• Zero tolerance
• Proportionality
Restitution
• Pay back to victims or
community service
• Used in 30% of probation cases;
the average is $3400; 60% make
full payment in 3 years
• Qualified success
• Widens the net of social control
Shock Probation &
Split Sentencing
• Community release after sampling prison life
• Split sentence means jail term is a condition of
probation
• Shock probation usually involves resentencing
after a short prison stay
Intensive Probation Goals
• Diversion from prison
• Maintain control of the individual
• Facilitate reintegration into the
community
• High Failure Rate (approx. 50%)
House Arrest
• Offender required to spend
extended periods of time in one’s
own home as an alternative to
incarceration.
• Little standardization throughout
the U.S. in how house arrest is
administered.
Electronic Monitoring
• Often used to ensure compliance with house
arrest
• Similar recidivism to traditional systems
• Costs are lower (capital v. labor)
• Overcrowding is reduced
• Issues of privacy and liberty
• Compliance technologies vary
Residential Community
Corrections
• Combines reintegration & control goals
• Usually involves a nonsecure building
• Houses pretrial & adjudicated adults
• Residents:
– Work and/or
– Attend school and
– Participate in corrections program
Purpose of Jails in America
•
•
•
•
•
•
•
•
•
A branch of local government – city/county
Pre-trial detention for adults and juveniles
Detain offenders awaiting sentencing
Confine misdemeanants
Transfer inmates to federal, state, or other
authorities, i.e., courtroom appearances.
Hold probation & parole violators
Hold mentally ill persons pending transfer
Hold inmates sentenced to short terms
Relieve prison overcrowding through
contracts with the state and federal
government
Who Are the Most Common
Kinds of Jail Inmates?
• Undereducated
• Minorities
• Low income
• Single parent family
• Drug/alcohol abuse
• Male (90%),young, and single
• Property crimes
Jail Conditions
• Operated under concept of
custodial convenience
• Understaffed, underpaid
• Lack of basic programs and
services
• Suicides common
• New generation jails
The Modern Prison Era
Three Major Trends
Increased
prisoner
litigation
seeking
greater
rights and
privileges
Alleged
Increase in
failure of
prison
correctional
violence
rehabilitation
State Prison Organization
Classification
based
on: Gender
Age
Security
State
Prison Dept.
Male
Max
Med
Min
Female
Juvenile
Male
Female
Maximum Security Prisons
• Fortresses
• Cells / Blocks / Wings
• Standard uniform & dress codes
• Everything based on security (lock
psychosis)
Medium Security Prisons
• Similar appearance to
maximum security
• Security is less intense
• More privileges
• More treatment effort
Minimum Security Prisons
• No armed guards or walls
• House most trustworthy & least violent
offenders
• Dormitory style housing or small rooms
• Often farms or ranches
Ultra-Maximum Security
Prisons
• House most dangerous, predatory criminals
• Extra-tight security and isolated conditions
are common
• All potential weapons removed, e.g. mirrors,
toilet seat, soap dishes, etc.
• Some claim violations of United Nations
standards for the treatment of inmates
QUESTION
Is the privatization of prisons a good idea?
Or,
Is it wrong to make a profit off of crime?
Private Prisons
• A private company builds prison and
contracts to run it.
• In some cases, the prison and programs
are leased to the state.
• In other cases, specific service program
contracts are made.
Problems With Private Prisons
• Biased evaluations re: effectiveness
• Cut corners to save costs
• Hard core prisoners not accepted for state care
• Maintenance of liability
• Loss of state jobs
• Difficult to control quality
• Moral considerations
Module 15 - 26
When Were Prisons Built?
25 before 1875
79 between 1875 – 1924
141 between 1925 – 1949
First built were Auburn and Elmira which are
still used.
Prison Inmates
Personal Characteristics
• Young (although older ages are now more common –
average age is 32, 33% over 51 by 2010).
• Single
• Poorly Educated
• Male (Approx. 6.6% were female)
• Minority group member (2000, 9.7% of all black males
between 25-29 were in prison).
• Substance abuse history (80%); drug use history (60%).
Adjusting to Prison Life –
Prizonization Process (Clemmer)
Finding a way to do one’s time helps
the quality of survival
• Finding a coping style
–
–
–
–
–
–
–
–
Loner
Joining a gang or group
Avoiding victimization
Racial conflict
Sexual exploitation
Black-market economy
Anxiety of being released
Loss of privacy
• Hustling to maintain some power
• Being politically “savvy” – inmate subculture/social code
The “New” Inmate Culture
• Black Power movement
• Black and Latin inmates more organized
• Racial polarity and tension is a dominant force
• Violence and danger of the streets is imported
into the prison culture
• Groups form because of ...
– Religious or political affiliations
– To combat discrimination
– Previous street gang membership
Female Institutions
• Overcrowding
• Smaller than male institutions
• Many are minimum security
• Some similar to college dorms
• Many lack treatment programs
The Female Subculture
• Nonviolent to staff
• Lack anti-authority inmate
social code
• Direct anger inward because of low-self
esteem, i.e., self mutilation - “carving”
• Make believe families – surrogate families
• Sexual exploitation
• Health care, i.e., pregnancy
Institutional Treatment:
General Types
• Individual therapy – focuses on self-awareness and
dealing with everyday problems
• Group therapy – used more often due to lack of
resources
• Educational training
• Vocational training
Problems With Treatment Programs
•Lack of qualified staff
Inmate Conflict
• Inmate violence (inmate against inmate)
– Average 70 incidents/year/institution
• Homosexual rape
• Nonsexual assault (shake down)
• Prison riots (90% of all riots have taken place
since 1952)
Causes of Prison Violence
• Inmates are violence prone
• Prisons convert people to violence
- “survival mentality”
• Prison mismanagement
• Overcrowding
Causes of Prison Riots
Rising
expectations
Conflict
Environmental
conditions
Power vacuum
Spontaneity
Collective
behavior and
social control
Prisoner Rights
Prior to 1960 the Supreme Court followed a
Hands-off Doctrine unless there was a
serious breach of 8th Amendment rights
(Cruel and Unusual Punishment)
Prisoner’s Rights
• Freedom of religion
• Freedom of press and speech
• Freedom of medical care
• Freedom against cruel and unusual
punishment
• Most litigation is brought under the federal
Civil Rights Act.
Should prison inmates
retain their constitutional
rights after conviction?
Primary Functions of
Parole Boards
• To select and place prisoners on parole
• To supervise parolees in the community
• To determine when parole is complete and
discharge parolees
• To determine if parole revocation should
take place
Conditions of Parole
• Rules fall into two categories:
– General rules required of all parolees
– Specific rules applied to an individual case.
• Rules may prohibit some types of
behavior and demand others.
• Violation of rules may lead to parole
being revoked.
QUESTIONS
How effective is parole?
What factors predict parole failure?
Can parolees destabilize neighborhoods?
If so, how?
Recidivism: A Traditional
Measure of Parole Effectiveness
What is recidivism?
The definition can vary.
Is it :
– Those who re-commit another crime of any
kind?
– Those who re-commit the same type of crime?
– Those who re-commit crime within a certain
time period?
– Those who are returned to prison for technical
violations?