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Published bySamson Tyler Modified over 9 years ago
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The argument for: ◦ Privatization as an ideology ◦ Control government spending ◦ Better service for less money ◦ Can implement changes quicker than the state
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The argument against: ◦ Research shows they: ◦ Monitoring does not seem to work
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The philosophical argument: ◦ For-profit punishment (a.k.a. making a profit off crime) ◦ Do private prisons show the same symbolism as state prisons? ◦ Connection between corporations and policy creation
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◦ Emphasizes security, discipline, and order ◦ Security and housekeeping ◦ Maintaining offenders’ ties to family and community
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Fulfill goals related to keeping inmates, using them for labor, and serving them through treatment Individual staff members not equipped to perform all functions Custodial employees are most numerous All employees responsible to warden
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“Big houses” common during first half of 20th century ◦ Walled prison with large, tiered cell blocks, a yard, shops, and industrial workshops ◦ Isolated from society ◦ Generally orderly (for a prison) ◦ Generally provided food, housing, and hygiene ◦ Birth of the inmate/prisoner code
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The “old” version ◦ ◦ ◦ The “right” guy
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The “new” version (Carceral) ◦ “You are a prisoner, they are the guards; never forget this” (103) ◦ Con Rule #1 – Don’t tell ◦ Con Rule #2 – Do your own time ◦ Con Rule #3 – Always spin staff ◦ Con Rule #4 – Show no feeling
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The “new” version (Carceral) ◦ “You are a prisoner, they are the guards; never forget this” (103) ◦ Con Rule #5 – Keep up the image ◦ Con Rule #6 – Get or be got ◦ Con Rule #7 – Pay your debts ◦ Con Rule #8 – Steal from the state, not from other prisoners
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The “real” version (Carceral) ◦ #1 – Snitching must have a purpose ◦ #2 – Manipulate ◦ #3 – If you can get away with it, don’t pay your debt ◦ #4 – Gossip ◦ #5 – Steal whatever you can
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How the new and the old blend How the code influences the level of violence Different code for different statuses within the prisoner culture.
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During 1960s and 1970s, rehabilitation model rose to prominence ◦ ◦ ◦ ◦
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What quality of life should be maintained in the prison? ◦ ◦
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Carceral says the following 7 things are required:
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What quality of life should be maintained in the prison? ◦ Order ◦ Amenities ◦ ◦
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Cooper v. Pate (1964) ◦ Imposed civil liability on persons who deprive prisoners of their rights ◦ Inmates could challenge conditions of confinement Reasonableness of prison conditions and regulations ◦ Compelling state interest ◦ Least restrictive alternative ◦ Clear and present danger
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Freedom of speech, press, assembly, petition, and religion Procunier v. Martinez (1974) – permits censorship of mail to maintain security Turner v. Safley (1987) – upheld ban on correspondence between inmates in different institutions Have upheld prisoners’ rights to meals consistent with religious dietary laws, to correspond with religious leaders, to possess religious literature, and to assemble for services
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Prohibits unreasonable searches and seizures Typically not extended to prisoners Hudson v. Palmer (1984) – upheld right of prison officials to search cells and confiscate materials
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Prohibits cruel and unusual punishment Chapman v. Rhodes (1977) – crowding alone does not constitute cruel and unusual punishment Tests to determine whether conditions are unconstitutional ◦ Whether punishment shocks the conscience of civilized society ◦ Whether punishment is unnecessarily cruel ◦ Whether punishment goes beyond legitimate penal aims
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No state may deprive citizen of life, liberty, or property without due process of law Due process ◦ Wolff v. McDonnell (1974) – basic procedural rights must be present when decisions are made about disciplining of inmates Equal protection ◦ Lee v. Washington (1968) – racial discrimination may not be official policy within prison walls ◦ Pargo v. Elliott (1995) – identical treatment not required for men and women
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However, violence in the prisons was on the rise… Relaxed rules lead to: ◦ ◦ ◦ Focus of corrections has shifted to crime control ◦
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Total institution, defined ◦ Defects of total power ◦ Limitation on rewards and punishments officials can use ◦ ◦
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Exchange relationships between officers and inmates ◦ Strength of inmate leadership ◦
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Sociodemographic and Offense Characteristics of State Prison Inmates
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Men in their late 20s and early 30s Have less than a high school education Disproportionately members of minority groups Recidivists and those convicted of violent crimes The Rise of “state-raised convicts”
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Inmate code ◦ ◦ Prisonization ◦ ◦
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Importation model ◦ ◦ Deprivation model ◦ ◦
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