Read the PowerPoint and do the unit 3 assignment
Jails: Detention and Short-Term Incarceration Jails: Detention and Short-Term Incarceration Chapter 7 Learning Outcomes Describe the history of the jail and its current function in the CJS Describe who is in the jail and why they are there Discuss the kinds of jails in the U.S. List the main issues facing jails today Outline the problem of bail and list the main alternatives to bail Outline the problems of jail administration Describe the new developments in jails and jail programs Critically assess the future of jail The Contemporary Jail: Entrance to the System Origins and Evolution Jails descend directly from feudal practices in 12th Century England Population of jails varied widely Population Characteristics 1978 saw the first census of jails People in jail are younger, disproportionately Black, and mostly unmarried Administration Of the 2860 jails in the U.S., 80% have county level jurisdiction Lockups: A facility authorized to hold people before court appearances for up to 48 hours Jails are an extremely important part of the correctional system. Essentially, they are the entryway to corrections. Jails house multiple types of offenders, including those who are awaiting trial. On any given day there are about 740,000 individuals under jail authority in the U.S. Although there is a clear corrective nature to jails, some individuals argue that they fall outside of the correctional scope. One such reason is because most jails are run by sheriffs, who are a part of law enforcement. Another reason is because only about half of jail inmates are sentenced to jail. The other half, like I stated above, are waiting trial. They have not been found guilty. Finally, because most jails don’t have treatment or rehab programs, they should be excluded. However, I and the authors of your testbook, believe that jails are an important part of the correctional system and are not separate. Jails are frustrating. They live in a kind of limbo land where “anything goes” almost! Therefore, this chapter will prove to provide more information. Jails, as we know them in the U.S., are directly descended from feudal practices that were popular in 12th century England. The Shire reeve (where we get the word sheriff from!) was in charge, and his duties were to collect taxes, keep the peace, and operate the jail. Shire reeve’s caught and held individuals accused of breaking the law. The sheriff made a living by collecting fees from inmates and hiring out the inmates for labor. When settlers from England came to America, they brought the basics of this system with them. Jails still held criminals, but now included those who were awaiting trial, as well as other misfits who couldn’t be taken care of by their families or the church. Later, about the 1800s, jails began to change in response to the penitentiary movement. Although there were some changes, the overwhelming majority of accused and convicted misdemeanants were held in jail. This continues today. In 1978, the first Jail Census was completed. The Bureau of the Census conducted the census and collected the data. The most recent jail census showed that 86% of jail inmates are male, nearly 2/3 are younger than 35, ~50% are white, and most have little education. A troubling trend across corrections, and in jails, are the incarceration rates of Black Americans. We will talk more about this later in the course. Jails are administered by multiple agencies. For example, of the 2860 jails in the U.S. approximately 80% have county-level jurisdiction. In other states, the state has control of the jails. Further still, some states and counties have lockups, which are often controlled by local law enforcement. Jail administrators face many problems, but one of the more pressing is this: they cannot simply send their sentenced inmates to state prisons. Many state prisons are overcrowded and simply cannot accept new inmates. 3 The Contemporary Jail: Entrance to the System (2) The Influence of Local Politics Close relationships can cause friction and pressure Regional Jails Regional jail: A facility operated under a joint agreement between two or more government units, with a jail board drawn from representatives of the participating jurisdictions and having varying authority over policy, budget, operations, and personnel Close links between jail administration and local politics will cause friction and ultimately pressure. As always, the most heated debates come when money is involved. For example, pretrial release programs are cost-efficient and a proven means of reducing jail overcrowding, however, they are under utilized due to public fear of crime, making them politically infeasible. Although there are some jails in large cities, most jails are built away from populous areas and hold few inmates. These small jails lack essential services. Therefore, in order to remedy this problem, many areas are creating regional jails. This combines all the small jails into one location where there are more inmates, more employees, and ultimately, more resources and services. 4 Pretrial Detention After an arrest individuals may be detained… or not, it depends! 1/3 of jail deaths are suicides, and most suicides happen within 6-10 hours after lockup Being detained is traumatizing, most of the time. Individuals are placed in holding cells, maybe interviewed, maybe with other potential offenders, sometimes left alone. It can be a time of vulnerability, hopelessness, and fear. Unfortunately, 1/3 of all jail deaths are suicide, and of these suicides, many happen within 6-10 hours of lockup. The most crucial time, then, is immediately after arrest. Detainees will need help in differing amounts post-arrest. If one is under the influence, they will need time to sober up. If they’re in a mental health crisis, they may need someone to talk to. Unfortunately, jails often lack the programmatic flexibility to accommodate the range of needs. 5 Special Problems of Detainees: Mental Health Problems Mental health issues in jail are not uncommon. As you can see by the pie charts above, even if an inmate is not formally diagnosed, most inmates demonstrate at least one symptom of major depressive order and one symptom of manic disorder. There is, essentially, a mental health crisis within the jails of America. Many jails do not offer any form of psychological care at all, and only a small amount of inmates receive treatment. ¾ of all jails have no rehabilitative staff, and those that do often lack up to date training. One of the more positive things to occur recently is the idea of diverting mentally ill individuals away from jail. Instead of locking them up, they join community programs, when spots are available. They can be referred to local service agencies, which is often court supervised. 6 # of Major Depressive Disorder Symptoms Exhibited by Jail Inmates 5 or More3 to 4 1 to 2 None0.30.230.240.23 # of Mania Disorder Symptoms Exhibited by Jail Inmates None12340.230.170.20.220.18 Special Problems of Detainees: Substance Dependency ½ of inmates were under the influence at the time of their arrest 2/3 have a history of substance abuse Only 16% of inmates receive substance abuse treatment while in jail Substance abuse runs rampant in American jails. Approximately 50% of all individuals who were placed in jail were under the influence of a drug or alcohol at the time of their arrest. Beyond that, 2/3 of inmates have a history of substance abuse. In a study looking at 10 large cities, anywhere from 56% to 82% of intake offenders tested positive for an illicit substance. One of the most important issues plaguing individuals addicted to substances is the process of detoxing in jail. In order to detox, most addicted individuals must go through withdrawal. Drug addicts have a harder detox, in which the symptoms can be exceedingly painful. Therefore, early identification of drug-addicted individuals can provide an opportunity to treat with methadone or for the individual to be released to afacility better equipped to handle their care. 7 Special Problems of Detainees: Medical and Legal Needs Most citizens who end up in jail lack health insurance Nearly ½ of jails do not screen for HIV/AIDS Pretrial detainees need legal assistance Detainees have relatively dim prospects When individuals come into the jail, sometimes they have injuries. These injuries can range from minor scrapes and bruises to serious injuries that require more medical attention. Unfortunately, many individuals who end up in jail lack health insurance. One of the major issues facing jails on the health front is the handling inmates who have AIDS. Approximately 1.5% of all inmate deaths are AIDS related. Many of the problems relate back to staff training, because they are unaware of how the disease spreads. The poor response to HIV-positive inmates in jails is exacerbated by the fact that about nearly half of all jails do not screen for HIV-AIDS. Thankfully, HIV rates in jails have been declining since 1996. As mentioned before, some jailed individuals are detained pretrial. Because of this, they often require legal assistance. While some detainees can acquire their own lawyer, many are unable to afford a private lawyer, and are therefore assigned a public defense attorney. These public defenders are often underpaid and overworked, carrying a large caseload. Pretrial detainees may only have one or two hurried conversations with their defender before attending trial. Unfortunately, those who are detained pretrial often have dim prospects when compared to those who were able to be free between arrest and trial. 8 Special Problems of Detainees: Pretrial Detainees’ Rights & Release Pretrial detainees have not been found guilty Detention depends on crime, ability to post bail More than half of jail occupants are waiting trial (read: not convicted) The average wait between arrest and adjudication is 111 days for felonies Pretrial detainees fall into a special category of jail occupant. Pretrial detainees have not yet been to trial, yet they are being detained. In other words, they are innocent. This is allowed through Bell v. Wolfish, which ruled that conditions can be created to make certain that detainees are available for trial and that administrative practices designed to manage jails and to maintain security and order are constitutional. This includes detaining individuals prior to their trial. Keeping individuals in jail prior to their trial often comes down to the crime committed and the ability for the individual to post bail. While not all individuals are detained prior to their trial, some individuals are. The average delay between arrest and adjudication for felonies is 111 days. 9 The Bail Problem and Alternatives Release on Recognizance (ROR) ROR defendant’s have higher court appearance rates Pretrial