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Criminal Justice Today CHAPTER Criminal Justice Today, 13th Edition Frank Schmalleger Copyright © 2015, © 2013 by Pearson Education, Inc. All Rights Reserved BOOK COVER Prison Life 14
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Structure of Prisons Formal/official structure Run by the institution with formal rules and structure Informal/unofficial structure The structure within the prison and among the inmates
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Total Institutions Goffman’s 1961 study of prisons and mental hospitals Places where the same people work recreate, worship, eat, and sleep together daily They are small societies and evolve their own distinctive values and styles of life They pressure residents to fulfill rigidly prescribed behavioral roles Erving Goffman, Asylums: Essays on the Social Situation of Mental Patients and Other Inmates (Garden City, NY: Anchor, 1961).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Subculture Sykes’ Deprivation Model Subcultures are fundamentally adaptations to deprivation and confinement Loss of liberty Loss of goods and services Loss of heterosexual relationships Loss of autonomy Loss of personal security Gresham M. Sykes, The Society of Captives: A Study of a Maximum Security Prison (Princeton, NJ: Princeton University Press, 1958).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Subculture Importation Model Suggests that inmates bring with them values, roles, and behavior patterns from the outside world Clemmer’s Structural Model The accepted and permanent social arrangements Describes nine dimensions Donald Clemmer, The Prison Community (Boston: Holt, Rinehart and Winston, 1940).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Types of Prisoners The Mean Dude The Hedonist The Opportunist The Retreatist The Legalist The Radical The Colonizer The Religious The Gang-Bangers The Realist
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Homosexuality and Sexual Victimization Some inmates are committed to their heterosexual identity and participate in homosexual activity due to incarceration Some inmates engaged in homosexual lifestyles before entering prison and continue to emulate feminine mannerisms and styles of dress while incarcerated
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Homosexuality and Sexual Victimization Sexual assaults in prison leave psychological scars and the victims live in fear An estimated 4.0% of state and federal prison inmates and 3.2% of jail inmates reported experiencing one or more incidents of sexual victimization by another inmate or facility staff in the past 12 months Halley, “The Prison Rape Elimination Act of 2003,” p. 1, Office of Justice Programs, PREA Data Collection Activities, 2013 (Washington, DC: Bureau of Justice Statistics, June 2013).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Gender Responsiveness Adjusting strategies and practices in ways that respond to the differences in life characteristics of men and women Meaningful prison programs for women are lacking and are based on traditional female roles in low-paying jobs Inmates’ relationships with their children should be considered Barbara Bloom, Barbara Owen and Stephanie Covington, Gender-Responsive Strategies: Research, Practice, and Guiding Principles for Women Offenders (National Institute of Corrections, 2002). Barbara Bloom and Stephanie Covington, Research, Practice, and Guiding Principles for Women Offenders (Washington, DC: U.S. Department of Justice, 2003).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Correctional Officers Custody and control of prisoners Socialization Official and unofficial rules of the prison Many additional roles in their duties Warden, psychologist, counselor, supervisor, instructor Potential threats that inmates pose to officer safety Lucien X. Lombardo, Guards Imprisoned: Correctional Officers at Work (New York: Elsevier, 1981), pp. 22–36.
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Riots The cause of each riot is specific to that particular prison or jail Insensitive prison administration Unfamiliar lifestyles Poor prison conditions Regulation and redistribution of power balances among inmate groups Changes in prison administration The presence of large gangs Reid H. Montgomery and Gordon A. Crews, A History of Correctional Violence: An Examination of Reported Causes of Riots and Disturbances (Lanham, MD: American Correctional Association, 1998); Bert Useem and Peter Kimball, States of Siege: U.S. Prison Riots, 1971–1986 (New York: Oxford University Press, 1991); and Michael Braswell et al., Prison Violence in America, 2nd ed. (Cincinnati, OH: Anderson, 1994).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Legal Aspects of Prisoners’ Rights Hands-Off Doctrine Holt v. Sarver (1969) Philosophy of no court intervention Civil death Denial of civil rights due to incarceration Balancing test Pell v. Procunier (1974) Holt v. Sarver, 309 F.Supp. 362 (E.D. Ark. 1970). Pell v. Procunier, 417 U.S. 817, 822 (1974).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Key Prisoners’ Rights Cases Johnson v. Avery (1968) Cruz v. Beto (1972) Wolff v. McDonnell (1974) Pell v. Procunier (1974) Procunier v. Martinez (1974) Estelle v. Gamble (1976) Bounds v. Smith (1977) Wilson v. Seiter (1991)
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prisoners’ Rights Communication and visitation Religious freedom Access to the courts and legal assistance Medical care Protection from harm Institutional punishment and discipline
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Grievance Procedures An inmate files a complaint with local authorities and receives a mandated response Hearing boards Staff appointee Appeals beyond the local prison State-created liberty interests and protected liberties
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Disciplinary Hearing Boards The ACA recommends all prisoners and guards receive a written rulebook for the institution Inmates are entitled to due process A notice of the charges Chance to organize a defense An impartial hearing Opportunity to present witnesses and evidence American Correctional Association, Standard 2-4346. See ACA, Legal Responsibility and Authority of Correctional Officers, p. 49. Wolff v. McDonnell, 94 S.Ct. 2963 (1974).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Issues Today Most infected prisoners brought the HIV virus into the prison It can be spread by homosexual activity, rape, IV drug use, and the sharing of tattoo and hypodermic needles Two strategies to reduce transmission: Segregation Education Centers for Disease Control and Prevention, “HIV Transmission among Male Inmates in a State Prison System: Georgia, 1992–2005,” Morbidity and Mortality Weekly Report, Vol. 55, No. 15 (April 21, 2006), pp. 421–426. Theodore M. Hammett, AIDS in Correctional Facilities: Issues and Options, 3rd ed. (Washington, DC: National Institute of Justice, 1988), p. 37.
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Issues Today Geriatric offenders There are currently 124,900 prisoners 55+ In 2030 there will be over 400,000 Require extra medical care Rehabilitation programs may not be useful Are not likely to commit violent offenses American Civil Liberties Union, The Mass Incarceration of the Elderly (New York: ACLU, June 2012). American Civil Liberties Union, The Mass Incarceration of the Elderly, p. vi.
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Issues Today Mental illness Prisons and jails hold an estimated 1.25 million inmates with mental illness (56% of those confined) More incarcerated women (73%) than men (55%) are mentally ill Doris J. James and Lauren E. Glaze, Mental Health Problems of Prison and Jail Inmates (Washington, DC: Bureau of Justice Statistics, 2006).
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Issues Today About 10% of inmates have intellectual disabilities May not complete training and rehabilitative programs successfully Difficulty adjusting to prison life Doris J. James and Lauren E. Glaze, Mental Health Problems of Prison and Jail Inmates (Washington, DC: Bureau of Justice Statistics, 2006). Robert O. Lampert, “The Mentally Retarded Offender in Prison,” Justice Professional, Vol. 2, No. 1 (spring 1987), p. 61.
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Criminal Justice Today, 13 th edition Frank Schmalleger Copyright © 2015, ©2013 by Pearson Education, Inc. All Rights Reserved Prison Issues Today Terrorism and corrections Threat of bioweapons attack Recruitment and radicalization in prison BOP implemented practices to counter recruiting and collect intelligence BOP trains staff to recognize terrorist- related activity Federal Bureau of Prisons, State of the Bureau, 2004 (Washington, DC: BOP, 2005).
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