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13 Prisons and Jails CHAPTER CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL
By Frank Schmalleger ©2007 Pearson Education, Inc.
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A prison is a state or federal confinement facility that has
Prisons A prison is 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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**European Background**
Historically, institutional confinement has been used since ancient times, but not until the 1600s and 1700s as a major punishment for criminals. Prior to that it was used to: Detain people before trial Hold prisoners awaiting other sanctions Coerce payment of debts and fines Hold and punish slaves Achieve religious indoctrination (the Inquisition) Quarantine disease
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**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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Early Punishments **
Types of early punishments: Flogging – corporal punishment or whipping; most common Mutilation Branding Public humiliation Workhouses – European forerunner to U.S. prison Exile – associated with scapegoating; a Hebrew ritual Fines – this historical punishment is still in use today.
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** 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. The first was the Walnut Street Jail. Early confinement facilities stressed reformation over punishment. **Originally, big-house prisons exploited inmate labor through various links to the free market.**
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Stages of Prison Development in the United States
CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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.” CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** The Mass Prison Era **
Auburn Prison, established in 1823, (New York) featured group workshops and silence enforced by whipping and hard labor. This Auburn System was the primary competitor to the Pennsylvania System. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** The Reformatory Era **
Based on the use of the indeterminate sentence. Believed in the possibility of rehabilitation, especially for youthful offenders. The facilities were designed for young, first time offenders; ages Elmira Reformatory attempted reform rather than punishment. It was based on the Irish system of imprisonment created by Sir Walter Crofton. A system of graded stages in educational, behavioral and other goals gave way to the system of “parole.” Ultimately considered a failure, since recidivism was still a problem.
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The Industrial Era 1890--1935 Prisoners used for cheap labor.
Industrial production in the North; agriculture in the South. 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. Some prison industries exist today. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** The Punitive Era ** Characterized by the belief that prisoners owed a debt to society. Custody and institutional security the central values. Few innovations. “Stir crazy”, “lock psychosis”, and “convict bogey” were terms associated with this era.
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The Treatment Era Medical model suggested inmates were sick and needed treatment. Most treatments included individual or group therapy. Other forms of therapy include: Behavior therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** The Community-Based Era **
Focused on providing treatment outside of prison. 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
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The Warehousing Era Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. Nothing works doctrine. Prison overcrowding became widespread. Greater emphasis on incarcerating non-violent drug offenders. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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U.S. Prison Population: 1960-2005
Source: Bureau of Justice Statistics CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** 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. Prison chain gangs, “three-strikes laws,” removal of “comforts” and the reduction or elimination of parole are characteristics of this era. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Prisons Today: Numbers and Types of Prisons
Approximately 1,325 state prisons 84 federal prisons 482 state and federal prisoners per 100,000 population On January 1, 2004, state and federal prisons held 1,461,191 inmates. Slightly more than 6.9% of those imprisoned were women. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Prisons Today: Sentences
In state prisons: 49% are violent criminals 19% are property criminals 20% drug law violators In federal prisons: 61% are drug law violators CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Prisons Today: Race The rate of imprisonment for African
American males is nine 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. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Prisons Today ** The size of prisons vary.
The typical state prison is small. It costs about $62 a day per inmate. For the last two centuries, US citizens have come to rely on prisons. However, to control crime, this dependence on prisons has not been successful. Recidivism rates indicate that imprisonment has done little to discourage crime.
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** Prisons Today: Typical System **
The typical state prison system has: 1 high security 1 or more medium security 1 for adult women – some states allow women to work on chain gangs; Arizona was the first state to do so. 1 or 2 for young adults 1 or two specialized mental hospital- type security prisons 1 or more open-type institutions CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Prisons Today – Rehabilitation **
When most people believe the objective of rehabilitation for inmates is to help them improve or better themselves so they can become a law-abiding citizen; able to make positive contributions to our society. Most institutions will offer education and vocational training as part of their rehabilitation program.
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** Prisons Today – Rehabilitation **
Even though the philosophy of our prison system today is based on the justice model, rehabilitation is still a goal. Counseling is a common strategy and group counseling is most popular because it is more economical; it can service a large number of inmates with similar backgrounds and issues. Research has shown that the success of any treatment program in reducing recidivism typically depends on the quality of the program’s implementation.
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**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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Selective Incapacitation
Selective incapacitation is a strategy may reduce prison population. Career offender statutes support selective incapacitation, though some criticize the notion of false positives. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Security Levels in State Prison Systems **
There are three security levels: Maximum Medium Minimum Security levels are often used to distinguish men’s prisons from one another. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Maximum Security ** Most maximum security institutions tend to be
massive old buildings with a large inmate population, including all death row inmates. These facilities supervise the most serious offenders. They typically are characterized by double and triple security patterns. 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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Medium Security ** Medium security prisons are similar in design
to maximum security facilities; however, they: Usually have more windows and are smaller. Tend to have barbed wire fences instead of large stone walls. Sometimes use dormitory style housing. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** 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 (control mechanism) is the count. The process of counting inmates during the course of a day. Times are random but intervals are regular, and all business stops until the count is verified. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Prison Classification System – 1st Step **
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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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The Federal Prison System
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Today’s Federal Prison System
Today’s federal prison system consists of: 104 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices At the start of 2004, there were approximately 162,000 prisoners (up from just over 24,000 in 1980). CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** Federal Prison System **
The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. Administrative maximum (ADMAX) – ultra-high security prisons. 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).
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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High Security—U.S. Penitentiaries
There are 8 high security facilities, holding 10% of the federal prison population. Examples: Atlanta, GA Lewisburg, PA Terre Haute, IN Leavenworth, KS They are designed to prevent escapes and contain disturbances by using: Intense electronic surveillance Armed perimeter patrols. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Medium Security—Federal Correctional Institutions
There are 26 medium security prisons holding 23% of the federal prison population. Examples: Terminal Island, CA Lompoc, CA Seagoville, TX They are guarded by double chain link fence and electronic monitoring of grounds. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Low Security—Federal Correctional Institutions
There are 17 low security facilities, holding 28% of the federal prison population. They are surrounded by double chain link fences and do vehicle patrols of perimeter. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Minimum Security— Federal Prison Camps
There are 55 minimum security prisons, holding 35% of the federal prison population. Examples: Elgin Air Force Base, FL Maxwell Air Force Base, AL Essentially, they are unfenced honor-type camps using barrack style housing. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Jails
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Jails Original purpose—Short-term confinement of suspects following arrest and awaiting trial. Current use—Jails hold those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Jails Annually, 20 million people go to jail. In 2004, jails held 691,301 inmates. 12% women 6,869 juveniles 25% awaiting arraignment or trial More than 50% convicted offenders Jails also hold inmates who cannot fit in the overcrowded prisons. Jail authorities supervised another 71,371 inmates under certain community-based programs. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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Growth of Jails Many jails are old and overcrowded.
By the end of 1980s, many jails were so overcrowded that court-ordered caps forced some early releases. At midyear 2004, occupancy was at: 94% rated capacity for jails serving more than 1000 inmates. 64% rated capacity in those with fewer than 50 inmates. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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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, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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** 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 Refer to the warm-up and notes on jails for key info needed to complete your study guide. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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*Privatization* - Benefits
The movement toward greater use of private prisons began in the 1980s. In 2004, private prisons held 5.7% of all state and 12.6% of all federal prisoners. Most states that use private prisons do so to supplement their own system. Private prisons can: Reduce overcrowding Lower operating expenses Avoid lawsuits (however, the liability may fall to the government of that jurisdiction) **Often the private prisons can be constructed and opened more quickly than public correctional facilities.**
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Hurdles to Large-Scale Privatization (Cons)
Large scale privatization is hindered by: Laws prohibiting private sector involvement in correctional management Possibility of public employees striking Liability and other legal issues – debate over the responsibility for civil liability issues. CRIMINAL JUSTICE TODAY, 9E PRENTICE HALL By Frank Schmalleger ©2007 Pearson Education, Inc.
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