Criminal Justice Today Chapter 13 Prisons & Jails

Early Punishments Lex talionis: law of retaliation. An offender who was convicted was sentenced to suffer a punishment that closely approximated the original injury. “an eye for an eye.” Flogging: Offenders would be whipped as a punishment. It was a tradition that carried on to America. No longer used in America but continues to be used as punishment in other parts of the world. Most common punishment Mutilation/amputation: Was used in ancient times to punish and deter repeat offenders. Branding: Used by many countries and civilizations to identify repeat offenders and warn others. (The Scarlet Letter) Public humiliation: Designed to humiliate the offender and allow others in the community to get back at the person. Many were placed in the center of town for everyone to mock or heckle. (Stocks, pillory, etc.) Exile: Sending criminals away from society to an island or isolated area to remove them. Workhouses: Early forms of imprisonment. Started as a result of many unemployed and vagrants wandering the land for food and shelter. The belief was to teach the people hard work habits and mold their behavior. They were taught farming and furniture making. Only vagrants were sent to the workhouses, not convicted criminals.

Prisons Prison- a state or federal confinement facility that has custodial authority over adults sentenced to confinement. The use of prisons as a place to serve punishment is a relatively new way to handle offenders. 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.

Stages of Prison Development in the U.S. FIGURE 13–1 Stages of prison development in the United States.

Eras of Imprisonment The Penitentiary Era (1790—1825) Philadelphia Penitentiary begun by Quakers for humane treatment of offenders. Rehabilitation through penance (solitary confinement and Bible study). Known as the “Pennsylvania System.” The Mass Prison Era 1825--1876 Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor. The Reformatory Era 1876--1890 The reformatory style was based on the use of the indeterminate sentence. Attempted reform rather than punishment. Gave way to the system of “parole.” Ultimately considered a failure, since recidivism was still a problem.

Eras of Imprisonment (cont’d) 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. The Punitive Era 1935--1945 Characterized by belief that prisoners owed a debt to society. Custody and institutional security the central values. Few innovations

Inmate Labor Systems Contract System: Private business paid to use the inmate labor. Piece-price System: Prisons were paid by the number and quality of items made. Lease System: Inmates transported to the contractor to work daily. Public-Account System: Entire process was run by the facility and the goods were sold on the open market to the public. State-use System: Goods produced could only be used by state offices. Public-works System: Prisoners maintained road, highways, parks and public buildings and property.

Eras of Imprisonment (cont’d) 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 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

Eras of Imprisonment (cont’d) 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. 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. Similar to the Punitive Era

Prisons Today: Race The rate of imprisonment for African American males is seven times that of white males. Bureau of Justice Statistics states that a black male in America has a 32.3% lifetime chance of going to prison; white males have a 5.9% chance. State Usage Use of imprisonment varies considerably between states. Factors contributing to the variation: Violent crime rate Political environment Funding for prisons Employment rate Percentage of African American males Level of welfare support

Prisons Today (cont’d) 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. 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

Overcrowded Prisons U. S. Prison Population (1960 – 2008) 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- number of inmates prison can handle according to experts Operational- number of inmates can effectively accommodate based on management considerations Design- number of inmates a prison was intended to hold when built or modified Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment. U. S. Prison Population (1960 – 2008)

Selective Incapacitation Collective incapacitation- strategy that seeks to imprison almost all serious offenders Very expensive ($62/day per inmate) Selective incapacitation- strategy to reduce prison population. Seeks to identify the most dangerous offenders and remove them from society. Repeat offenders & those likely to commit additional crimes are most likely candidates for incarceration

Security Levels in State Prison Systems There are three security levels: Maximum Medium Minimum The typical American prison is medium or minimum custody.

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

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. 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 (head count of inmates).

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.

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 Inmates may move among the security levels depending on their behavior. Internal classification systems determine placement and program assignment within an institution.

Federal BOP Facilities, 2009 FIGURE 13–3 Federal Bureau of Prison facilities by region, 2009.

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). 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. Ex: FCC at Allenwood, PA. (consists of one U.S. penitentiary and two federal correctional institutions (one low and one medium security).

Federal Prison System (cont’d) 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) Administrative Maximum (ADMAX) In 1995, the federal government opened its only ADMAX prison: Located in Florence, Colorado $60 million ultra-high security 575 bed capacity Inmates confined to cells 23 hours per day Holds only toughest 1% of federal prison population Holds mob bosses, spies, terrorists, escape artists, murderers, etc.

Prisons Issues Today Pregnancy: In addition to prenatal treatment, providing for child services when the child is born. Drug abuse: Many offenders are sent to prison with drug problems. Prisons/jails must treat offenders and keep drugs from getting into the institutions. Overcrowding: The largest issue facing all jurisdictions. This problem can lead to prison riots and violence. Education level of inmates: Many offenders have a low level of education or did not complete their education. Administrators must deal with ways to help inmates get further education to better themselves. Mental health issues: Many inmates have mental health issues which must be treated while they are incarcerated. This can lead to increased costs (medicine and treatment) and the need for proper resources to treat inmates.

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. 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. There are 207,600 correctional officers. 3:1 inmate/staff ratio The average cost to jail a person for a year is $14,500.

Jails Most people processed through jails are members of minority groups: 56% minority 38.6% African American 15.6% Hispanic 44% Caucasian Typical charges: 12.1% drug trafficking 11.7% assault 10.8% drug possession 7% larceny

Women and Jail Women comprise 12.9% of the jail population. They’re the largest growth group nationwide. Women face a number of special problems, including: Inadequate classification systems Lack of separate housing Low educational levels Substance abuse Pregnancy/Motherhood Inadequate substantive medical programs

Women and Jail Women make up 22% of correctional officer force in jails. Female officers are committed to their careers and tend to be positively valued by male counterparts. However, A disproportionate number of female personnel held lower ranking jobs. 60% of support staff is female 10% of chief administrators is female Issues can arise when member of the opposite sex are assigned to watch over inmates.

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 Benefits of Direct Supervision Jails 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

Jails and the Future 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 (built/run with resources from multiple jurisdictions) Implementing jail standards Privatization A private prison is a correctional institution operated by a private firm on behalf of the government. The movement toward greater use of private prisons began in the 1980s. Private prisons operate in 34 states and the District of Columbia. 35% annual growth rate Benefits Reduce overcrowding Lower operating expenses & avoid lawsuits

TN Prisons: Brushy Mtn (closed 2009)

TN Prisons: Brushy Mtn (closed 2009)

TN Prisons: Riverbend Max. Security

TN Prisons: Riverbend Max. Security