13 Prisons and Jails CHAPTER CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Were often cruel and torturous: Generally fit the doctrine of lex Early Punishments Were often cruel and torturous: Generally fit the doctrine of lex talionis: Law of retaliation “An eye for an eye” CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Early forms of punishment included: Early Punishments Early forms of punishment included: Flogging Mutilation Branding Public humiliation Workhouses Exile CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Emergence of Prisons It is unknown when the first prison was established. Punitive imprisonment noted in Europe in the Middle Ages. American prisons began in the late 1700s. Early confinement facilities stressed reformation over punishment. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Stages of Prison Development in the United States CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Penitentiary Era 1790--1825 Philadelphia Penitentiary (Walnut Street Jail) begun by Quakers for humane treatment of offenders. Rehabilitation through penance (solitary confinement and Bible study). Known as the “Pennsylvania System.” Supporter: Ben Franklin CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Mass Prison Era 1825--1876 Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor. This Auburn system was the primary competitor to the Pennsylvania system. Contamination-Could negatively influence one another. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Reformatory Era 1876--1890 The reformatory style was based on the use of the indeterminate sentence. Elmira Reformatory attempted reform rather than punishment. Used a system of graded stages Gave way to the system of “parole.” Ultimately considered a failure, since recidivism was still a problem. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Industrial Era 1890--1935 Prisoners used for cheap labor in the era of the industrial prison. Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. Labor unions complained that they could not compete. The passage of the Hawes-Cooper Act and Ashurst- Sumners Act limited inmate labor. State-use philosophy. Federal Prison Industries. Website: WVCI CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Punitive Era 1935--1945 Characterized by belief that prisoners owed a debt to society. Custody and institutional security the central values. Few innovations. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Treatment Era 1945--1967 Medical model suggested inmates were sick and needed treatment. Most treatments include individual or group therapy. Other forms of therapy include: Behavior therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Community-Based Era 1967--1980 Based on premise that rehabilitation cannot occur in isolation from the real world. Prisons considered dehumanizing. Led to innovations in the use of volunteers and the extension of inmate privileges. Programs include: Half-way houses Work-release Study-release CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Warehousing Era 1980--1995 Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. Nothing works doctrine Warehousing of serious offenders designed to protect society. Prison overcrowding became widespread. Greater emphasis on incarcerating non-violent drug offenders. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Just Deserts Era 1995--present Based on the justice model. Emphasis on individual responsibility and punishment. Imprisonment is a proper consequence of criminal and irresponsible behavior. Chain gangs, “three-strikes,” and reduced parole. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

State Prison Systems 2009 Pearson Education, Inc

Prisons Today: Numbers and Types of Prisons Approximately 1,325 state prisons 84 federal prisons On January 1, 2007, state and federal prisons held 1,570,861 inmates. Seven percent of those imprisoned were women. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Prisons Today: Facility Size The size of prisons vary. One out of every four prisons is a large, maximum-security prison house almost 1,000 inmates. The typical state prison is small. It costs about $62 a day per inmate. In 2003, it cost almost $67 billion to run the nation’s prisons and related programs. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Prisons Today: Typical System The typical state prison system has: 1 high security 1 or more medium security 1 for adult women 1 or 2 for young adults 1 or two specialized mental hospital- type security prisons 1 or more open-type institutions Website: WV DOC CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Overcrowded Prisons Overcrowding is a serious issue. Prison capacity—The size of the correctional population an institution can effectively hold. There are three types of prison capacity: Rated Operational Design Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Selective Incapacitation Is a strategy to reduce prison population. Seeks to identify the most dangerous offenders and remove them from society. Is reflected by career offender statutes. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Security Levels in State Prison Systems There are three security levels: Maximum Medium Minimum The typical American prison is medium or minimum custody. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Maximum Security Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. They provide a high level of security with: High fences/walls of concrete Several barriers between living area Secure cells Armed guards Gun towers CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Medium Security Medium security prisons are similar in design to maximum security facilities; however, they: Usually have more windows. Tend to have barbed wire fences instead of large stone walls. Sometimes use dormitory style housing. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Medium Security Medium security prisons allow prisoners more freedom, such as: Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less supervision An important security tool is the count. The process of counting inmates during the course of a day. Times are random, and all business stops until the count is verified. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Minimum Security In minimum security prisons: Housing tends to be dormitory style. Prisoners usually have freedom of movement within the facility. Work is done under general supervision only. Guards are unarmed, and gun towers do not exist. Fences, if they exist, are low and sometimes unlocked. “Counts” are usually not taken. Prisoners are sometimes allowed to wear their own clothes. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Prison Classification System Classification systems determine which custody level to assign an inmate to. Assignments are based on: Offense history Assessed dangerousness Perceived risk of escape Other factors Inmates may move among the security levels depending on their behavior. Internal classification systems determine placement and program assignment within an institution. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Flow of Activities in Prison Classification Systems Source: Adapted from Patricia L. Handyman et al. Internal Prison Classification Systems Case Studies in Their Development and Implementation (Washington, D.C.: National Institute of Corrections, 2002) p. 3 CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

The Federal Prison System 2009 Pearson Education, Inc

Federal Prison System History 1895—Leavenworth, Kansas—First non- military federal prison opens. 1906—Second federal prison opens in Atlanta. 1927—Alderson, West Virginia—First federal prison for women. 1933—Springfield, Missouri—Medical Center for federal prisoners. 1934—Alcatraz begins operations. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Today’s Federal Prison System Today’s federal prison system consists of: 103 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices At the start of 2006, the Federal Bureau of Prisons employed more than 35,000 people. Website: Federal BOP CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Federal Prison System The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. Administrative maximum (ADMAX) High security (U.S. penitentiaries) Medium security (federal correctional institutions) Low security (federal correctional institutions) Minimum security (federal prison camps) Additionally, there are administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs). CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Federal Prison System: Administrative Facilities The federal prison system’s administrative facilities are institutions with special missions. Metropolitan Detention Centers (MDCs) Generally located in large cities, close to federal courthouses Hold inmates awaiting trial (like jails) Medical Centers for Federal Prisoners (MCFP) CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Federal Correctional Complexes Federal correctional facilities exist either as single institutions or as federal correctional complexes (FCCs)—sites consisting of more than one type of correctional institution. Example: FCC at Allenwood, PA. (consists of one U.S. penitentiary and two federal correctional institutions (one low and one medium security). CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Administrative Maximum (ADMAX) In 1995, the federal government opened its one and only ADMAX prison: Ultra-high security 575 bed capacity Inmates confined to cells 23 hours per day Inmates cannot associate with one another Only toughest 1% of federal prison population is confined there Holds mob bosses, spies, terrorists murderers, escape artists, etc. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Improvements Improvements to our nations prisons can be found in: Accreditation by the American Correctional Association’s (ACA) Training though the National Academy of Corrections CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Jails 2009 Pearson Education, Inc

Jails Jails—Locally operated, short-term confinement facilities. Original purpose—confinement of suspects following arrest and awaiting trial. Current use—confinement of those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Jails Annually, 20 million people go to jail. A 2007 report by the Bureau of Justice Statistics found that the nation’s jails held 766,010 inmates. 12.9% women 4,836 juveniles >50% of inmates are serving sentences there Jail authorities supervised another 60,222 inmates under certain community-based programs. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Jails There are 3,365 jails in the U.S. Most jails are small, designed to hold 50 or fewer inmates. Some jails are very big, like “mega-jails” in LA and NYC. In 2006, the 50 largest jails held almost 30% of all jail inmates. There are 207,600 correctional officers. 3/1 inmate/staff ratio The average cost to jail a person for a year is $14,500. CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Direct Supervision Jails A new jail architecture and management strategy is called direct supervision. These jails: Use a system of pods or modular self-contained housing areas Have a more open environment, using Plexiglas instead of thick walls to separate areas Use softer furniture May use “rooms” instead of cells CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

Benefits of Direct Supervision Jails Reduce inmate dissatisfaction Deter rape and violence Decrease suicide and escape attempts Eliminate barriers to staff-inmate interaction Give staff greater control Improve staff morale Reduce lawsuits CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458

National efforts are underway to improve quality of jail life by: Future of Jails National efforts are underway to improve quality of jail life by: Adding critical programs for inmates Increasing jail industries Jail “boot camps” Creating regional jails Implementing jail standards CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458