1. Introduction to Criminal Justice
Chapter 13

2. Prison Life
Principle of least eligibility: the least advantaged in outside society should lead a better existence than any person in prison or jail
Incarceration by itself is not enough
Daily life inside must be an arduous trial for prisoners
This is currently a popular philosophy

3. Prison Culture
Prisons are total institutions that can encompass every aspect of a prisoner’s life
Cannot leave or have interaction with outsiders
Every aspect of daily life is arranged
Inmates create a separate social world where power involves threats and violence

4. Question???
Is it possible to make prisons less violent, safer, reduce predatory attacks, other negative effects of incarceration?
Or is these just necessary “by products” of maintaining people in a prison setting?

5. Profile of the Prison Population
One person out of 20 will be confined in a prison during their lifetime
The percentage is higher for minority groups (1 of 6 African American males)
Rates of women and minorities in prison grew rapidly in the 1980’s and 1990’s
Number of older inmates growing as well
Creates special problems
Mandatory sentences, sex offenders have influenced this growth

6. Older Inmates (over 40)-- Challenges
Have serious medical problems requiring expensive treatment
Tend to have the lowest rates of recidivism
Commit the least rule violations in prison
May consider “medical parole” to transfer ill older prisoners to home confinement

7. Adapting to Prison
Prisonization: inmate comes to gradually understand what is acceptable behavior in prison, as defined by other inmates**
Professional criminals (Irwin)– “Do time”; follow the rules to speed up release**
Frequently incarcerated convicts– “Jailing”; they are more comfortable inside than outside**
“Gleaning”; take advantage of prison resources to improve themselves
“Disorganized criminals”– mental illness or lower intelligence complicates adaptation to prison**

8. Prison Culture is Based on Violence
Correctional officers use threats of violence, and violence to control inmate
Among prisoners, violence is used to establish power and dominance
26,000 inmate on inmate assaults yearly
Prison culture did not support such violence until 1970’s
Today, violence is used to establish the inmate hierarchy

9. Reasons for Violence in Prison
Deterrence against being victimized– Build a reputation
Enhances self image where other attributes (intelligence, honesty) are not respected
Allows the acquisition of material goods, illicit sex
Deprivation model– stressful and oppressive life in prison lead to aggressive behavior

10. Reasons for Violence in Prison
May have no purpose– just release of tension
Exacerbated by the experience of prison gangs
Relative deprivation– Because prisoners receive meager privileges to start, further deprivation can spark disorder

11. Types of Prison Violence
Riots– where tension builds to where it explodes in mass violence
Rapes—
21% of all inmates in one study reported having been raped
Often afraid to report attacks
Those subject to rape near bottom of prison hierarchy
May accept rape in exchange for protection
Many victims suffer from long term psychological trauma
Issue: Condoms in prison?

12. Women’s Prisons Much lower security requirements in most-
Few medium or maximum security prisons
Profile of inmate:
Racial or ethnic minority
25-44 age range
Non-violent drug or property crime
Unemployed
History of being abused
Drug/ and or alcohol abuser

13. Profile of Woman Inmate (cont’d)
7 of 10 have a minor child
Her children are likely to be with a relative (not the father) or in foster care
Often are housed a great distance from their family
Virtually no prisons allow inmates to have their infants with them

14. Life in Women’s Prisons
Comparatively low levels of violence
The “pseudo family” provides a structure which mimics the family
More experienced convicts become the “father and mother”; younger members become “sons and daughters”
They rely on each other for support– Rarely engage in sexual activity

15. Correctional Officers’ Role
Must use threat of violence, or violence, to keep order and discipline
Discipline is a means of social organization, as well as a punishment
Distrust, fear and tension between the correctional officers and inmates
Hierarchical structure–
Captain: Upper level administrator
Lieutenant: In charge of discipline, order
Sergeant: Supervises unit of correctional officers

16. Correctional Officers– 6 Categories
Block Officers– supervises a unit; maintains order, well-being of inmates
Work Detail Supervisor– oversees inmate while involved in various jobs
Industrial Supervisor & School Officers– supervises those two units
Yard Officer– Very difficult, stressful
Tower Guards– mans the elevated units with firearms
Administrative Building Assignment– Visiting Room, entrances, liaison with civilians

17. Inmate Discipline
Most difficult and stressful part of correctional officer’s job
Can provoke strong defensive reactions
Discipline required depends on severity of sanction
Imposed by prison disciplinary committee
Ranges from loss of a minor privilege to solitary confinement

18. Inmate Discipline
Courts have given prison administrators significant discretion
Excessive force can be considered necessary if “legitimate security concerns” represented
Standard– Did the officer act “sadistically and maliciously?” (Low standard)
Only about 20% of inmate lawsuits charging excessive force are successful

19. Inmate Discipline
Courts have traditionally taken “hands off” approach to prisons
Leave the care of inmates to prison officials, not the courts
This began to change in 1960’s (Cooper v. Pate case, allowed inmates to file civil rights actions against prisons for unreasonable conditions
Inmates have filed suit for right to practice religion in prison, time limits on solitary confinement

20. Discipline Procedures and Rights
Fair hearing– with basic due process
24 hour notice of changes
Right to speak at hearing
Right to call witnesses
Written notice of final decision of committee

21. Disciplinary Procedures and Rights
Since 1976, “deliberate indifference” standard emerged (Estelle v. Gamble case)
Prison officials purposefully placed inmate in harms way (later interpretation)
“Identifiable human needs” protected are food, warmth, exercise– other definitions left to lower courts to determine
Even have backtracked on hearing rights recently– May be required only when “atypical or significant hardships are imposed”

22. Parole
Definition: conditional release of inmate by commission or board before his sentence of imprisonment has expired
Based on:
Grace– have no right to release
Parole Contract– Terms by which he agrees to abide
Still technically under custodial jurisdiction of the state
Because of good time and parole, most state inmates only server 50% of maximum term

23. Other Types of Release from Confinement
Pardon: executive clemency which erases the crime and conviction
Mandatory release: Offender has served all of this sentence, except for good time reduction
Furlough (Temporary Release): For short time periods, usually for specific purposes (funeral, death bed visit)

24. Parole
Usually granted after person is sentenced to indeterminate term (up to 10 years)
Parole Board then determines appropriate date for release of offender
Parole is a privilege, not a right
Many states have a minimum period which must be served before parole eligible
Murderers, some drug distributors, sex offenders can receive life without parole
“Three strikes” (Habitual Offender) laws have also prohibited parole for certain repeaters

25. Discussion Question???
What factors do you think the Parole Board should consider in considering the release of an inmate on parole?

26. Role and Function of Parole Board
Determine which offenders should be placed on parole (Parole Grant hearing)
--Tends to be a short proceeding where board reviews information about the background and adjustment of inmate
Determine the conditions of parole to aid in the supervision of the offender
Discharge the offender when the conditions of parole have not been met
Decide if parole should be revoked when violations occur

27. Truth in Sentencing Movement
Indeterminate sentences and parole decisions seen as arbitrary and unfair– wide disparity in terms imposed and served
Some state implemented determinate sentencing– required terms without parole
Offenders must be released at expiration, minus good time

28. Truth in Sentencing Movement
Federal sentencing guidelines implemented– 1987
Greatly curtailed judges’ discretion in sentencing
Must sentence according to a grid which considers two major factors: prior record, and seriousness of the crime committed
Federal prisoners serve 85% of terms
Some states have adopted similar systems

29. Truth in Sentencing Movement
Total of 43 states have now adopted some type of statutes which have following goals:
Eliminate parole of offenders serving less than minimum term to which they were sentenced
Increase percentage of term actually served
Give corrections officials predictable terms to manage their prison space
Policy makers know the impact each change in the law will have on the population

30. Parole Supervision
Parole Guidelines are used in a number of states to assist in determining if an offender is prepared for release
Parole Contract sets down conditions by which the offender must abide
Quite similar to probationary requirements
See Fig. 13.4, p. 354
Revocations or modifications are determined by the Parole Board

31. Parole Officers’ Role Similar duties to Probation Officer
Enforce conditions of parole by monitoring and surveillance
Assist offender in adjusting to community
Service broker, helper, counselor, social worker (2 hats)
Try to establish trust and commitment
Agents of change, not just control behavior

32. Parole Revocation
47% nationally (one study) return to incarceration for violations before expiration
Parole revocation procedures similar to probation
Parole Board, not court, determines if revocation is in order
New law violations vs. technical violations (discretion of parole officer and board)
Same basic procedural rights for parolees as in probation violation– notice, right to be heard & present witnesses, confront hostile witnesses

33. Prisoner Re-entry
Definition: All activities and programming to prepare ex-inmate to return safely to the community to live as a law abiding citizen
Must adjust to changes in society and community since his confinement
Housing can be difficult to obtain (especially sexual offenders)
Record can inhibit ability to find employment
Physical and mental conditions of inmate can impede adjustment back to re-entry programs

34. Supervising Sex Offenders
New laws (state and federal) allow public to learn identities of sex offenders in their communities
Passive notification: information is open to public (web sites, public postings, lists)
Active notification: directly notify community through posters, bulletins, announcements
Most sex offenders have strict special conditions on supervision (no contact with children, stay away from parks, schools, and places where children are present, no job or activity with any contact with children)

35. Laws are Getting Tougher
Florida– passed mandatory 25 yr. term for molesting a child, plus lifetime parole
20 states– after service of prison term, offender can be civilly committed to another non-correctional facility
Must be proof of serious difficulty in controlling offender’s behavior