CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 1 Prison Life & Juvenile vs. Adult Prison Systems CHAPTER 7

SEMINAR OVERVIEW Welcome Juvenile vs. Adult Correctional Systems Juveniles in Adult Prisons Coping with Prison Life Subcultures in Prison Special Issues of Incarcerated Women CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 2

Facts about the Juvenile Justice System Developed from the Parens Patriae doctrine First juvenile court created in 1899 in Cook County, Illinois Rehabilitation was the main goal CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 3

Beliefs about the Juvenile Justice System The juvenile court guides youth to change unlawful behavior (rehabilitation). The basic goal of juvenile corrections should be changed from rehabilitation to the justice or just deserts model. The juvenile justice system is ineffective and the adult system should handle both adults and juveniles. CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 4

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 5 The juvenile court labels ungovernable, habitually disobedient, and truant children to be ---?

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 6 Answer is “Status Offenders”

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 7 What is the burden of proof for verdicts handed down by the juvenile court?

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 8 Preponderance of evidence

Juvenile vs. Adult Systems Processing of Offenders Types of Punishment Goals of Punishment Institutional Problems CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 9

Processing of Offenders Similar mission: to control and correct behavior that is against the law Similar subsystems: police, courts, corrections involved Terminology differs but the function is the same (i.e. the term for “guilty” is convicted in adult court and adjudicated in juvenile court) CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 10

Terminology in Adult and Juvenile Systems Adjudicated = arrested Adjudicatory hearing = trial Aftercare = parole Commitment = a sentence to imprisonment Dispositional hearing = Sentencing hearing Minor = Defendant CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 11

Types of Punishments Both have a range of punishments available More treatment oriented in juvenile corrections Education is required part of corrections for juveniles Detention center similar to jail CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 12

Goals of Punishment Variety in adult system—usually related to various cycles of reform (deterrence, incapacitation, rehabilitation) Main goal of juvenile system is rehabilitation More currently both systems have changing goals—the rehabilitative ideal has not remained constant in juvenile corrections either CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 13

Institutional Problems Crowding/ Street Gangs Violence/Victimization Funding issues Ongoing problems of staff recruitment, training and burnout Racial inequality/conflict Drug trafficking/gangs Similar social roles Not enough programs provided Funding, staffing issues with Programs Juvenile facilities must provide education Age of the facility CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 14

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 15 What are some issues faced by juveniles in adult prisons?

Men and Women Prisoners Coping in Prison Various studies have found that female prisoners adjust to prison life in the same ways that male prisoners do, but there are differences. Few women display aggressive, collective, legalistic and withdrawal reactions Greater percentage of women consent willingly to homosexuality Equally few men or women prisoners show a positive reaction. CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 16

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 17 Total Institutions … places where people work, play, eat, sleep, and recreate together on a daily basis (coined by Erving Goffman, 1961). Examples of total institutions:  Prisons  Concentration camps  Summer camps  Mental hospitals  Seminaries

18 The Male Inmate’s World

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 19 Prison Subculture New inmates undergo a process of prisonization, through which they learn convict values, attitudes, roles, and language (argot) that make up the prison subculture.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 20 Five elements of the prison code:  Don’t interfere with interests of other inmates—don’t rat on others  Play it cool—do your own time  Don’t whine—be a man  Don’t exploit inmates—don’t break your word  Don’t be a sucker—don’t trust guards or staff Prison Subcultures Sykes and Messinger: The Inmate Social System (1960)

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 21 Examples: ace duce—best friend banger—a knife billy—white man boneyard—conjugal visit chester—child molester dog—homeboy or friend ink—tattoos man walking—signal guard coming tree jumper—rapist Prison Argot Language/terms used in one institution are generally understood in another.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 22 Prison Subcultures Two Models of Prison Society:  Deprivation model—Prison subculture is an adaptation to the situation.  Importation model—Inmates bring values, roles, and behaviors with them from the outside world when they enter prison.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 23 Prison Lifestyles and Inmate Types  Mean dude  Hedonist  Opportunist  Retreatist  Legalist  Radical  Colonist  Religious  Realist Some of the types of inmates that researchers have described are:

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 24 Inmate Types Mean Dude:  Quick to fight  Dangerous: best left alone  Receives frequent write-ups for violations  Spends a lot of time in solitary Prison subculture supports role of mean dude by:  Expecting prisoners to be tough  Values that say “only the strong survive”

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 25 Inmate Types Hedonist: … builds life around limited pleasures in prison (smuggling, gambling, drug running, homosexuality, etc.). Opportunist: … takes advantage of positive experiences prison has to offer, such as schooling, trade programs, counseling, etc.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 26 Inmate Types Retreatist: … attempts some form of psychological retreat from realities of prison, often becoming heavily involved in drug and alcohol use leading to depression and mental illness. Legalist: … the “jail house” lawyer—fights confinement through the law.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 27 Inmate Types Radical: … views himself as a political prisoner, society = the oppressor. Religious: … has strong religious ties and may be “born again.”

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 28 Inmate Types Colonist: … views prison as “home”  Has many friends inside  Often holds position of power and/or respect  Does not look forward to leaving prison  Has been known to commit new crimes to return to prison

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 29 Inmate Types Realist: … sees incarceration as a natural consequence of criminal activity— just an unfortunate part of “doing criminal business”—follows inmate code and does not get in trouble.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 30 Homosexuality in Prison Prison subculture both constrains and promotes homosexuality.  Words within argot describe homosexuality.  Newcomers frequently preyed upon.  Sex used as a commodity.  Prison rape does occur.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 31 Homosexual Assault in Prison Sexual assaults in prison are likely to leave psychological scars long after the physical event is over.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 32 Homosexual Assault in Prison  Most sexual aggressors do not consider themselves homosexuals.  Sexual release is not the primary motivation for sexual attack.  Many aggressors must continue to participate in gang rapes to avoid being victims themselves.  The aggressors have themselves suffered much damage to their masculinity in the past.

33 Women’s Prisons

Special Issues of Incarcerated Women Sexual abuse Mental Illness Fewer educational and vocational programs Motherhood CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 34

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 35 Female Inmates There are more than 97,000 women in state and federal facilities.  6.8% of the total prison population  Increasing at a faster rate than male inmates

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 36 National Profile of Women Offenders The National Institute of Corrections (2003) According to the NIC, women offenders are:  Disproportionately women of color  In their early to mid-30s  Most likely to have been convicted of a drug-related offense  From fragmented families that include other family members who also have been involved with the criminal justice system

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 37 National Profile of Women Offenders The National Institute of Corrections (2003) Women offenders are:  Survivors of physicals and/or sexual abuse as children and adults  Individuals with significant substance abuse problems  Individuals with multiple physical and mental health problems  Unmarried mothers of minor children  Individuals with a high school diploma or GED but limited vocational training and sporadic work histories

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 38 Personal Histories and Pathways to Crime The National Institute of Corrections (2003) Histories/pathways to crime include: 1.Survival strategies resulting from poverty and/or physical, sexual, or substance abuse 2.Substance abuse 3.Physical health 4.Mental health 5.Children and marital status 6.Education and employment

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 39 Gender Responsiveness Critics say that the prison system was not designed for women. The NIC recommends:  Creating a system structured to meet the needs of female inmates.  Developing gender-responsive policies and practices cognizant of and effectively addressing women’s pathways to criminality.  Modifying criminal justice sanctions and interventions to recognize female offender’s general low risk to public safety.  Considering women’s relationships and roles in the community in deciding appropriate correctional sanctions.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 40 Institutions for Women General descriptions of institutions that house women inmates include:  Usually located in towns with fewer than 25,000 inhabitants.  Typically not designed to house female inmates.  Some also house men.  Few have programs especially designed for female offenders.  Few major disturbances or escapes reported.  High rates of substance abuse.  Few work assignments.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 41 Social Structure in Women’s Prisons Some researchers have discovered a social structure in which women form relationships with each other that are similar to those experienced outside of prison life.  Courtship, marriage  Kinship systems Additionally, lesbianism and staff- inmate sexual misconduct exists.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 42 Types of Female Inmates Esther Hoffman (1972) found three types of female adaptation styles to prison life: 1.The square 2.The cool 3.The life Recently, another type of inmate has arrived: “crack kids.”

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 43 Violence in Women’s Prison Violence is less frequent than in men’s facilities. Violence sometimes comes from staff.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 44 Addressing the Problems of Imprisoned Women The Task Force on the Female Offender recommends the following changes: 1.Make substance abuse programs available. 2.Build greater literacy skills. 3.House females in separate facilities. 4.Develop programs allowing women to keep children in the facility. 5.Ensure equal access to assistance with programming.

45 Prison Staff

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 46 About 350,000 people are employed in corrections. Staff roles can include:  Warden  Psychologist  Counselor  Area supervisor  Program director  Instructor  Correctional officers  Physician  Therapist The Staff World

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 47 Correctional Officers Like inmates, correctional officers undergo a socialization process that helps them function by the official and unofficial rules of staff society.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 48 Custody + Control Prison staffers are most concerned with custody and control.  Has led to institutionalized procedures for ensuring safety.

CRIMINAL JUSTICE TODAY, 9e PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc. 49 Professionalism of Correctional Officers Corrections personnel are becoming better trained and more proficient, leading to greater professionalism.