1. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 1 Prisons and Jails CHAPTER 13

2. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 2 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.

3. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 3 Early Punishments  Were often cruel and torturous:  Generally fit the doctrine of lex talionis:  Law of retaliation  “An eye for an eye”

4. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 4 Early Punishments Early forms of punishment included:  Flogging  Mutilation  Branding  Public humiliation  Workhouses  Exile

5. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 5 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.  Early confinement facilities stressed reformation over punishment.

6. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 6 Stages of Prison Development in the United States

7. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 7 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.”

8. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 8 The Mass Prison Era 1825 -- 1876  Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor.  This Auburn system was the primary competitor to the Pennsylvania system.

9. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 9 The Reformatory Era 1876 -- 1890  The reformatory style was based on the use of the indeterminate sentence.  Elmira Reformatory attempted reform rather than punishment.  Used a system of graded stages  Gave way to the system of “parole.”  Ultimately considered a failure, since recidivism was still a problem.

10. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 10 The Industrial Era 1890 -- 1935  Prisoners used for cheap labor in the era of the industrial prison.  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.

11. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 11 The Punitive Era 1935 -- 1945  Characterized by belief that prisoners owed a debt to society.  Custody and institutional security the central values.  Few innovations.

12. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 12 The Treatment Era 1945 -- 1967  Medical model suggested inmates were sick and needed treatment.  Most treatments include individual or group therapy.  Other forms of therapy include: Behavior therapy Chemotherapy Neurosurgery Sensory deprivation Aversion therapy

13. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 13 The Community-Based Era 1967 -- 1980  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

14. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 14 The Warehousing Era 1980 -- 1995  Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases.  Nothing works doctrine  Warehousing of serious offenders designed to protect society.  Prison overcrowding became widespread.  Greater emphasis on incarcerating non-violent drug offenders.

15. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 15 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.  Chain gangs, “three-strikes,” and reduced parole.

16. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 16 Prisons Today: Numbers and Types of Prisons Approximately  1,325 state prisons  84 federal prisons On January 1, 2007, state and federal prisons held 1,525,924 inmates. Seven percent of those imprisoned were women.

17. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 17 Prisons Today: Sentences In state prisons:  50.5% are violent criminals  20.4% are property criminals  21.4% drug law violators In federal prisons:  55% are drug law violators

18. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 18 Prisons Today: Race  The rate of imprisonment for African American males is seven 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.

19. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 19 Prisons Today: State Usage  Use of imprisonment varies considerably between states.  Factors contributing to the variation:  Violent crime rate  Political environment  Funding for prisons  Employment rate  Percentage of African American males  Level of welfare support

20. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 20 Prisons Today: Facility Size  The size of prisons vary.  One out of every four prisons is a large, maximum-security prison house almost 1,000 inmates.  The typical state prison is small.  It costs about $62 a day per inmate.  In 2003, it cost almost $67 billion to run the nation’s prisons and related programs.

21. 21 2009 Pearson Education, Inc State Prison Systems

22. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 22 Prisons Today: Typical System  1 high security  1 or more medium security  1 for adult women  1 or 2 for young adults  1 or two specialized mental hospital- type security prisons  1 or more open-type institutions The typical state prison system has:

23. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 23 Overcrowded Prisons  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. Overcrowding is a serious issue.

24. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 24 State and Federal Prison Population, Inmates Versus Capacity, 1980 — 2006 Source: Bureau of Justice Statistics, Correctional Populations in the Untied States (Washington, D.C.: various years)

25. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 25 Selective Incapacitation  Selective incapacitation:  Is a strategy to reduce prison population.  Seeks to identify the most dangerous offenders and remove them from society.  Is reflected by career offender statutes.

26. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 26 There are three security levels: 1. Maximum 2. Medium 3. Minimum The typical American prison is medium or minimum custody. Security Levels in State Prison Systems

27. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 27 Most maximum security institutions tend to be massive old buildings with a large inmate population, including all death row inmates. They provide a high level of security with:  High fences/walls of concrete  Several barriers between living area  Secure cells  Armed guards  Gun towers Maximum Security

28. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 28 Medium security prisons are similar in design to maximum security facilities; however, they:  Usually have more windows.  Tend to have barbed wire fences instead of large stone walls.  Sometimes use dormitory style housing. Medium Security

29. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 29 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 is the count.  The process of counting inmates during the course of a day.  Times are random, and all business stops until the count is verified. Medium Security

30. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 30 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. Minimum Security

31. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 31 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. Prison Classification System

32. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 32 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

33. 33 2009 Pearson Education, Inc The Federal Prison System

34. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 34 Federal Prison System 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. History

35. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 35 Today’s federal prison system consists of:  103 institutions  6 regional offices  The Central office (headquarters)  2 staff training centers  28 community corrections offices At the start of 2006, the Federal Bureau of Prisons employed more than 35,000 people. Today’s Federal Prison System

36. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 36 Source: Federal Bureau of Prisons Federal BOP Facilities, 2007

37. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 37 The Federal Bureau of Prisons (BOP) classifies its institutions according to five security levels. 1. Administrative maximum (ADMAX) 2. High security (U.S. penitentiaries) 3. Medium security (federal correctional institutions) 4. Low security (federal correctional institutions) 5. Minimum security (federal prison camps) Additionally, there are administrative facilities, like metropolitan detention centers (MDCs) and medical centers for federal prisoners (MDFPs). Federal Prison System

38. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 38 Federal correctional facilities exist either as single institutions or as federal correctional complexes (FCCs)—sites consisting of more than one type of correctional institution. Example: FCC at Allenwood, PA. (consists of one U.S. penitentiary and two federal correctional institutions (one low and one medium security). Federal Correctional Complexes

39. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 39 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.

40. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 40 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)

41. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 41 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

42. 42 2009 Pearson Education, Inc Jails

43. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 43  Jails—Locally operated, short-term confinement facilities.  Original purpose—confinement of suspects following arrest and awaiting trial.  Current use—confinement of those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial. Jails

44. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 44 Jails Annually, 20 million people go to jail. A 2007 report by the Bureau of Justice Statistics found that the nation’s jails held 766,011 inmates.  12.9% women  4,836 juveniles  >50% of inmates are serving sentences there Jail authorities supervised another 70,548 inmates under certain community-based programs.

45. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 45 Jails There are 3,365 jails in the U.S.  Most jails are small, designed to hold 50 or fewer inmates.  Some jails are very big, like “mega-jails” in LA and NYC.  In 2006, the 50 largest jails held almost 30% of all jail inmates. There are 207,600 correctional officers.  3/1 inmate/staff ratio The average cost to jail a person for a year is $14,500.

46. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 46 Jails Most people process through jails are members of minority groups:  56% minority  38.6% African American  15.6% Hispanic  44% Caucasian Typical charges:  12.1% drug trafficking  11.7% assault  10.8% drug possession  7% larceny

47. 47 2009 Pearson Education, Inc Current Issues Facing Jails

48. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 48  Women comprise 12.9% of the jail population.  They’re the largest growth group nationwide.  Women face a number of special problems, including:  Inadequate classification systems  Lack of separate housing  Low educational levels  Substance abuse  Pregnancy  Motherhood  Inadequate substantive medical programs Women and Jail

49. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 49 Women make up 22% of correctional officer force in jails. Female officers are committed to their careers and tend to be positively valued by male counterparts. However,  A disproportionate number of female personnel held lower ranking jobs.  60% of support staff is female  10% of chief administrators is female  Issues can arise when member of the opposite sex are assigned to watch over inmates. Women and Jail

50. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 50 Many jails are old and overcrowded. By the end of 1980s, many jails were so overcrowded that court-ordered caps forced some early releases. By 2006, national jail occupancy was at 94% rated capacity. Larger jails are more crowded than smaller ones. Some individual facilities are desperately overcrowded. Growth of Jails

51. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 51 *Estimate based on earlier data Source: Bureau of Justice Statistics, 2007 & other years Jail Facts 19831988199320002006 Number of jails3,3383,3163,3043,3653,360* Number of jail inmates233,551343,569459,804621,149766,011 Rated capacity of jails261,556339,949475,224677,787810,863 Percentage of capacity occupied 85%101%97%92%94%

52. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 52 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 Direct Supervision Jails

53. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 53 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 Benefits of Direct Supervision Jails

54. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 54 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 Future of Jails

55. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 55 A private prison is a correctional institution operated by a private firm on behalf of the government. The movement toward greater use of private prisons began in the 1980s.  By 2006, private prisons held 5.6% of all state and 13.7% of all federal prisoners.  Private prisons operate in 34 stated and the District of Columbia.  35% annual growth rate Privatization

56. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 56 Private prisons can:  Reduce overcrowding  Lower operating expenses  Avoid lawsuits Benefits of Privatization

57. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 57 Large scale privatization is hindered by:  Laws prohibiting private sector involvement in correctional management  Possibility of public employees striking  Liability and other legal issues Hurdles to Large-Scale Privatization

58. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 58 The National Institute of Justice (NIJ) recommends that those states that privatize corrections:  Regularly survey former inmates about conditions  Annually visit and inspect facilities  Station state monitors inside large facilities  Review all services before renewing contracts NIJ Recommendations

59. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 59 Prison Life CHAPTER 14

60. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 60 Total Institutions Prisons are a type of total institution— enclosed places where people share all aspects of their daily lives. Residents of total institutions:  may be sent their forcibly  are cut off from larger society  operate like “small societies”  form distinctive value systems and life styles

61. 61 2009 Pearson Education, Inc The Male Inmate’s World

62. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 62 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.

63. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 63 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)

64. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 64 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.

65. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 65 Prison Subculture Research on prison subcultures suggests that they:  evolve to reflect the concerns and experiences of the wider culture  develop independently of the plan of prison administrators  are consistent among prisons across the U.S.

66. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 66 The Functions of Prison Subculture Deprivation Model Prison subculture develops as a way to adapt to deprivations faced by inmates:  Liberty  Goods and Services  Autonomy  Personal Security  Heterosexual relationships Importation Model Inmates bring values, roles, and behaviors with them from the outside world when they enter prison. Two Explanations for Prison Society:

67. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 67 Prison Lifestyles and Inmate Types  Mean dude  Hedonist  Opportunist  Retreatist  Legalist  Radical  Colonist  Religious  The gang banger  Realist Some of the types of inmates that researchers have described are:

68. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 68 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”

69. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 69 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.

70. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 70 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.

71. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 71 Inmate Types Radical: … views himself as a political prisoner, society = the oppressor. Religious: … has strong religious ties and may be “born again.”

72. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 72 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

73. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 73 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.

74. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 74 Inmate Types The Gang Banger: … are affiliated with prison gangs and depend upon the gang for defense, protection, and a channel for goods and services.

75. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 75 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.

76. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 76 Homosexual Assault in Prison Sexual assaults in prison are likely to leave psychological scars long after the physical event is over.

77. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 77 The Prison Rape Elimination Act (PREA) PREA (2003):  Establishes a zero-tolerance standard for prison rape.  Makes prison rape prevention a top priority.  Implements national standards for the detection, prevention, reduction, and punishment of prison rape.  Increases the availability of information on prison rape.  Increases the accountability of corrections officials.

78. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 78 2005 PREA Results There were 8,210 incidents of sexual violence nationwide in 2004. Of these:  42% involved sexual misconduct by staff (includes “consensual” acts) - 69% of victims were male - 67% of perpetrators were female  37% were inmate-on-inmate nonconsensual - 90% of victims and perpetrators were male  11% incidents of sexual harassment by facility employees According to the BJS, this likely reflects an underestimation of actual occurrences, as many victims likely do not tell.

79. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 79 Homosexual Assault in Prison Studies of sexual violence in prison reveal that:  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.

80. 80 2009 Pearson Education, Inc Women’s Prisons

81. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 81 Female Inmates Although women represent only around seven percent of the total prison population, they are increasing at a faster rate than male inmates.

82. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 82 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

83. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 83 National Profile of Women Offenders The National Institute of Corrections (2003) Women offenders often share the following characteristics:  sexual or physical abuse  substance abuse  multiple physical and mental health problems  single motherhood  limited vocational training  sporadic work histories

84. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 84 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

85. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 85 Institutions for Women Most female inmates are housed in centralized state facilities. Institutions housing women:  Usually are 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.

86. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 86 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.

87. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 87 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.”

88. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 88 Violence in Women’s Prison Violence is less frequent than in men’s facilities. Violence sometimes comes from staff.

89. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 89 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.

90. 90 2009 Pearson Education, Inc Prison Staff

91. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 91 About 748,000 people are employed in corrections. Staff roles can include:  Warden  Psychologist  Counselor  Area supervisor  Program director  Instructor  Corrections officers  Physician  Therapist The Staff World

92. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 92 Corrections Officers Like inmates, corrections officers undergo a socialization process that helps them function by the official and unofficial rules of staff society. One of the major formative influences on staff culture is the potential threat that inmates pose.

93. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 93 Custody + Control Prison staffers are most concerned with custody and control.  Has led to institutionalized procedures for ensuring safety.

94. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 94 Professionalism of Corrections Officers Corrections personnel are becoming better trained and more proficient, leading to greater professionalism.

95. 95 2009 Pearson Education, Inc Prison Riots

96. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 96 Prison Riots Some of our nation’s prison riots: 1971—Attica Prison, NY 1987—Atlanta Federal Penitentiary 1989—State Correctional Institution, Camp Hill, PA 1993—Southern Correctional Facility, Lucasville, OH 2004—Arizona State Prison Complex- Lewis 2005—San Quentin State Prison, CA

97. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 97 Riots occur for a variety of reasons, including 1. Insensitive prison administration and neglected inmate demands 2. Carry-over of violent criminal lifestyles 3. Dehumanizing prison conditions, including: —overcrowding —lack of personal expression 4. Regulate inmate society and redistribute power among inmates 5. Power vacuums are created among prison administration Causes of Prison Riots

98. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 98 Riots tend to evolve through five stages. 1. Explosion 2. Organization 3. Confrontation 4. Termination 5. Reaction and explanation Stages of Prison Riots

99. 99 2009 Pearson Education, Inc Prisoner Rights

100. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 100 Prior to the 1960s, American courts had taken a neutral approach—commonly called the hands-off doctrine—toward the running of prisons.  Rested on the belief that inmates experienced civil death. Hands Off Doctrine

101. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 101 In Pell v. Procunier (1974) the U.S. Supreme Court established the “balancing test.” Balancing test—attempts to weigh the rights of individuals against the state’s authority to make laws or otherwise restrict a person’s freedom in order to protect its interests and its citizens. Legal Basis of Prisoner Rights

102. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 102 Prisoner rights can be thought of as conditional rights. They are constrained by the legitimate needs of imprisonment. Prisoner Rights as Conditional Rights Prisoner rights have a basis in the Constitution and the law external to the institution.

103. 103 2009 Pearson Education, Inc Precedents in Prisoner Rights

104. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 104 First Amendment guarantees of freedom of speech apply to inmates’ rights in three areas: 1.Receipt of mail 2.Communications with others (especially those on the outside) 3.Visitation Communications and Visitation

105. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 105 Receipt of Mail  The courts generally have not allowed restrictions on receipt of published mail, though in 2006 the U.S. Supreme Court held that Pennsylvania could ban its most violent inmates from receiving magazines, pictures, and newspapers.  A prisoner’s mail can be censored if necessary for security reasons.  Magazines, newspapers, and the like must be mailed from the publisher. Communications and Visitation

106. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 106 Receipt of Mail  Magazines that depict deviant sexual behavior can be banned.  Prisons cannot ban nude pictures of inmates’ wives or girlfriends. Communications and Visitation

107. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 107 Communications with Others  In McNamara v. Moody (1979) a federal court upheld an inmate’s right to write vulgar letters to his girlfriend.  Prisoners have no inherent right to publish material for use by other prisoners. Communications and Visitation

108. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 108 Visitation  The U.S. Supreme Court upheld a policy that prohibited all inmate visits in Block v. Rutherford (1984).  In Overton v. Bazzetta (2003), the Court upheld a state’s visitation plan that limited visitation for certain substance abusing inmates.  Media members get no special privileges for interviews, but cannot be denied correspondence.  Policies for media access must be administered fairly and without bias. Communications and Visitation

109. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 109 The First and Fourteenth Amendments provide the basis for inmates’ rights claim in the area of religious freedom. Religious Freedom

110. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 110  Established that prisoners must be given a “reasonable opportunity” to pursue their faith, even if it differs from traditional forms of worship.  Meeting facilities must be provided for religious purposes when those same facilities are made available to other groups of prisoners for other purposes. Religious Freedom Cruz v. Beto (1972)

111. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 111 Prisoners in segregation do not have to be permitted the opportunity to attend religious services. Religious Freedom

112. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 112 Possessing Items of Worship  In Dettmer v. Landon a federal court held that a prisoner who claimed to practice witchcraft must be provided with the artifacts needed for worship.  Drugs, dangerous substances, and dangerous items of worship may be banned.  It is acceptable to ban wearing beards, even those grown for religious reasons (Hill v. Blackwell [1985]). Religious Freedom

113. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 113 The Religious Land Use and Institutionalized Persons Act (RLUIPA) of 2000. “No government shall impose a substantial burden on the religious exercise of a person residing in or confined to an institution even if the burden results from a rule of general applicability, unless the government demonstrates that imposition of the burden on that person 1) is in furtherance of compelling governmental interest; and 2) is the least restrictive means of furthering that compelling governmental interest.” Religious Freedom

114. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 114 Bounds v. Smith (1977) recognized the right of prisoners to petition the court. It is the duty of the state to assist prisoners in preparation and filing of legal papers.  Assistance could be in the form of trained personnel or institutional law libraries. Access to the Courts and Legal Assistance

115. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 115 The Court in Lewis v. Casey (1996) overturned part of Bounds.  Prisoners are not guaranteed the “wherewithal to file any and every type of legal claim.” Access to the Courts and Legal Assistance

116. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 116 The Court in Johnson v. Avery (1968) held that prisoners under correctional supervision have a right to consult “jailhouse lawyers” for advice when assistance from trained professional is not available. Access to the Courts and Legal Assistance

117. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 117 Indigent inmates:  Do not have the right to an appointed lawyer if no judicial proceedings have been initiated against them.  Must be provided with stamps for purposes of legal correspondence. Access to the Courts and Legal Assistance

118. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 118 In Estelle v. Gamble (1976) the U.S. Supreme Court concerned itself with “deliberate indifference” on part of staff toward prisoner’s need for medical attention.  Court held prison officials responsible for providing adequate medical care.  Deliberate indifference requires both actual knowledge and disregard of risk of harm (per Hudson v. McMillan [1992]). Medical Care

119. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 119 The issue of medical care includes whether inmates can be forced to take medication.  In Washington v. Harper (1990), the U.S. Supreme Court held that prisoners can refuse the involuntary administration of antipsychotic drugs unless government officials can demonstrate an “overriding justification” as to why the drugs may be necessary. Medical Care

120. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 120 In Pennsylvania Department of Corrections v. Yeskey (1998), the U.S. Supreme Court held that the Americans with Disabilities Act (ADA) of 1990 applies to prisons and to prison inmates. In U.S. v. Georgia (2006), the U.S. Supreme Court held that state’s claims of sovereign immunity could not bar suits brought under the ADA. Medical Care

121. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 121 Protection from Harm Based on the Eighth Amendment, inmates have the right to:  Food, water, and shelter  Protection from foreseeable attack  Protection from predictable sexual attack  Protection against suicide

122. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 122 Protection from Harm In Farmer v. Brennan (1994), the Court extended the deliberate indifference standard to claims of liability for harm.  Liability exists only if a prison official “knows that inmates face a substantial risk of serious harms and disregards that risk by failing to take reasonable measures to abate it.”

123. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 123 Protection from Harm In Helling v. McKinney (1993), the Court maintained that prison officials are responsible for maintaining environmental conditions under which health problems might be prevented from developing.

124. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 124 Most major Supreme Court cases have held that prisoners do not have a reasonable expectation to privacy when incarcerated. Examples:  Katz v. U.S. (1967)  U.S. v. Ready (1978)  Hudson v. Palmer (1984)  Block v. Rutherford (1984) Privacy

125. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 125 Prisons must provide formal opportunities to hear inmate grievances.  Grievances handled internally. All sizable prisons have established procedures whereby an inmate files a complaint and receives a mandated responses.  Procedures may include a hearing board made of both inmates and staff, or a single staff member may be responsible.  Dissatisfied inmates may appeal to an external source. Grievances

126. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 126 Disciplinary actions by prison authorities may also require a formalized hearing process.  Sanctions cannot be levied against inmates without appropriate due process (Wolff v. McDonnell [1974]). Disciplinary Actions

127. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 127 Courts generally have held that inmates going before disciplinary hearing boards are entitled to: 1. Notice of the charges brought against them 2. The chance to organize a defense 3. An impartial hearing 4. The opportunity to present witnesses and evidence in their behalf Disciplinary Actions

128. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 128 Many recent Supreme Court decisions have signaled what seems like a partial return to “hands off doctrine.” For example, consider:  Wilson v. Seiter et. al (1991)  Sandin v. Conner (1995) A Return to the Hands-Off Doctrine

129. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 129 The Prison Litigation Reform Act sought to reduce the number of frivolous lawsuits alleging unconstitutional prison conditions. Opponents argue that it could stifle inmates facing real deprivations. P rison Litigation Reform Act (PLRA) of 1996

130. 130 2009 Pearson Education, Inc Issues Facing Prisons Today

131. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 131 Today, prisons face special problems, particularly with:  AIDS  Geriatric offenders  Mentally ill and mentally deficient inmates  Terrorism Current Issues

132. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 132 Most affected inmates come to prison infected; others contract the HIV virus while incarcerated.  The CDC found the rate of HIV infection among inmates is more than three times as great as the general population. AIDS

133. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 133 The number of prisoners aged 55 and over increased 400% between 1990 and 2005. Geriatric inmates have special needs. Geriatric Inmates

134. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 134 Some inmates are neurotic, have personality problems, or have serious psychological disorders.  Mentally ill and mentally deficient inmates increase tension.  Few state-run correctional facilities have any substantial capacity for in-depth psychiatric treatment of inmates who are seriously mentally disturbed. Mentally Ill Inmates

135. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 135 Some studies estimate that about 10% of the inmate population are mentally deficient.  Inmates with low IQs have special problems adjusting or completing programs.  Most states “mainstream” these inmates. Mentally Deficient Inmates

136. CRIMINAL JUSTICE TODAY, 10E© 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall Upper Saddle River, NJ 07458 136 Prison administrators must be concerned with:  Intelligence-gathering capabilities  Outside terrorist activities  Possibilities of bioterrorism  The threat of inmate-initiated terrorist acts Terrorism