Prisons and Jails Chapter 13

History of American Prisons Based on the idea of English “bridewells” – Individuals imprisoned for not paying debts, awaiting trial/execution, or banishment – Convicted felons had two sanctions 1.Turned loose-banished or pardoned (after whipping or branding) 2.Execution

History of American Prisons William Penn adopted “Great Law” in Pennsylvania in 1682 – Based on ideals of humanity(no torture/mutiliation) and rehabilitation – Felons paid restitution or went to prison (workhouse) – Death penalty only in premeditated murder

History of American Prisons 1776 Pennsylvania passed legislation ordering offenders be reformed by treatment and discipline Walnut Street Prison – Opened in wing of Philly’s Walnut Street Jail in 1790 – Utilized idea of Penitentiary Correctional facility that emphasized separating inmates from society and from each other

History of American Prisons – This prison eventually succumbed to the same problems of today…… Overcrowding Excessive costs The Pennsylvania System – Created after Walnut Street failure – One in western PA, one eastern PA – Based on separate confinement No interaction with others, all activities done in the cell

History of American Prisons – Back to back cells facing outward – Did not allow inmates to corrupt one another – Only visitors were clergy New York system – Based on obedience – Congregate System Kept separated at night, though worked together in silence during the day

History of American Prisons – Majority of new prisons built modeled the New York system in early 19 th century NY’s Elmira reformatory – Good Behavior rewarded with early release – Utilized grading system – Utilized “medical model”-psychological and biological issues identified and treated

History of American Prisons Progressives had a huge influence on corrections 1974 publication, “What works?”, said rehab did not decrease recidivism rates “Get tough” legislation caused explosion of inmate populations and prison construction

History of American Prisons Prison population tripled since 1985 Though crimes are down, incarceration increasing Reasons for incarceration increase: – Probability for incarceration for certain crimes Drug offenses Weapon Sex assault Burglary Larceny Auto theft

History of American Prisons – Inmates serving more time for each crime Prison terms doubling since 1984 Inmates to serve 85% of sentence in 32 states Truth in sentencing Laws – Federal Prison growth Federal system is largest in country Clinton/Bush federalizing gun crimes – Mandatory minimums

History of American Prisons Immigration law offenders – Grew 600% – Rising incarceration rates for women ,000 jailed; ,500 jailed Downsizing America’s prisons – States currently spend approximately $50 billion combined for corrections – States trying to reduce costs by revising mandatory minimum laws and minor drug offenses – Also expanding work programs and have offenders pay for own treatment

Role of Prisons in Society Three Models – Custodial model Based on assumption offenders are incarcerated for reasons of incapacitation, deterrence, and retribution Security and discipline Used in more restrictive prisons – Rehabilitation model Security concerns secondary Based on individualized treatment

Role of Prisons in Society – Reintegration model Serves as a training ground to prepare for existence in the community Halfway houses/work programs Becoming more influential because it deals with overcrowding

Types of Prisons Maximum security prisons – Designed and organized to control and and discipline dangerous felons, prevent escape – Intense supervision, concrete walls, electrically charged and barbed wire fences – Usually large, >1000 inmates – 8x14 cells – Frequent pat downs/searches/head counts

Types of Prisons Supermax prisons – Worst of the worst – Those with extensive records of misconduct in max security – Extremely strict control – Solitary confinement used extensively – No decorations – hrs a day spent in cell – Supermax Syndrome-suffer psychological issues because of isolation

Types of Prisons Medium security prisons – Hold 40% of inmate population – Not considered high risk for escape – More relaxed atmosphere – More educational and treatment programs – Dormitory housing Minimum security prisons – Hold 20% of inmate population – TV’s/computers in rooms – Can leave for work or education

Prison Administration Formal management – Chain of command – Warden is at top, responsible for operation of prison Sound Governance achieved by: – Order-absence of misconduct/crimes – Amenities-good living conditions/food/entertainment – Services-programs to help offenders succeed on the outside

Private Prisons Why Privatize? – Cost efficiency Labor costs reduced-lack of union workers Competitive bidding-goods and services at lowest possible cost Less red tape-not part of government beauracracy – Help to alleviate overcrowding Prisoners are outsourced

Private Prisons Why not privatize? – Safety concerns-lax security – Financial concerns-receives money from state for each offender; may try to extend sentences by manipulating conduct – Philosophical concerns-not seen as a regular industry and could be Constitutionally problematic Powers granted to state passed on to private industry

Private Prisons The future of private prisons.... – Recession proof – Was expected to grow based on immigration violations, but current political trend is to release non violent offenders

Jails Jail-facility run by a county government holding offenders before trial and for misdemeanor sentences Approximately 7 million Americans spend at least one day in jail each year Jails are often lowest priority as far as funding for local jurisdictions

Jails Function of Jails – Holding those convicted of misdemeanors – Those waiting for trial, arraignment, sentencing – Detaining juveniles pending transfer – Detaining mentally ill pending transfer – Detaining probation/parole violators – Detaining bail jumpers – Detaining those pending transfer to state/federal prison – Operating home confinement monitoring

Jails Pretrial detainees – Those unable to post bail or not released on recognizance Jail sentences – Average days, usually no more than a year – Inmates often receive credit for time served prior to conviction/sentencing

Jails Jail Administration – Of nearly 3700 jails, 2700 are operated by the elected county sheriff of the jurisdiction – Two thirds of jails house less than 50 inmates in a year – L.A. County holds 7000 yearly – Jails are often paid by state prisons to house prisoners b/c of overcrowding

Jails – Overcrowding is what often causes problems/violence in prison Jail Designs – Old- linear, limited visibility and hinders control – New generation jail-encourages interaction between inmates and jailers and offers greater opportunity for treatment

Jails – Podular Design-usually circular design with dayroom in the center for socialization – Direct supervision approach-correctional officers are in continuous contact with inmates during the day Podular and direct supervision have shown a decrease in assaults,suicides, sex offenses, weapons, and escapes though initially seen as “prisoners”

Incarceration Rates High incarceration rates can cause severe social consequences – 1 in 43 children have a parent in prison Financial hardships Less discipline/supervision Antisocial/mental health issues – Disenfranchise minorites Felony = no voting Disproportionate rates of incarceration