What if one of the four functions of the courts (due process function, crime control function, rehabilitative function, bureaucratic function) became the dominant role of the courts? For instance, what if the rehabilitation function won out over the other three? What consequences would result from such action?What function would you want the court to have as the dominate role, if any, and why?
Incarceration Incarceration Introduction On any given day there are more than 2.2 million people incarcerated in thousands of prisons and jails across the United States The majority of those incarcerated are males The average cost annually per inmate is an estimated $33,000 Prisons are central to American Corrections United States has more people in prisons than any other country There are two distinct types of institutions: Prisons – generally state or federal facilities, segregated according to the sex of the offender and have committed felonies requiring 1 year or more of imprisonment Jails – usually local or county incarceration facilities that house those individuals who have committed misdemeanor type offenses and require less than 1 year of imprisonment There are more jails than prisons in the United States Origins of American Incarceration The jail was established in England during the reign of Alfred the Great Purpose was to serve as a detention facility for those accused of seriously breaching the peace The shire reeve (present day sheriff) was responsible for maintaining the jail American colonists brought the jail with them to the New World, but generally did not use it because of their small close knot communities As the towns and colonies grew larger, the use for the jails grew Comprised of persons not yet convicted and debtors who failed to pay fines As colonies grew with industrialization and immigration, it was no longer common for people to know their neighbors With the rise of poverty, dependency, & crime Americans found the solution to social problems of insanity, poverty, and crime with the utilization of the asylum or institution Poor houses Insane asylums Jails Origins of American Incarceration The first prison in the United States opened in Newgate, Connecticut prior to the revolution in 1773 The general use of imprisonment began to spread after the revolution Penitentiary – A place of punishment and repentance, as a response to crime Incarceration solved a problem for the administrations for penal codes that allowed severe punishment Juries would fail to convict people because the punishments were to harsh An alternative to sentencing of physical pain was the more humane option of imprisonment This also made it easier to match the penalty (length of imprisonment) to the crime committed The Congregate/Segregate System Debate !820’s two systems of penitentiary discipline developed Segregate System – (Pennsylvania system) –An early form of prison discipline, in which inmates were kept isolated from each other for the duration of their confinement Advantage: inmates were protected from the influence of other corrupt inmates Disadvantage: Inmates suffered psychologically from the isolation Congregate System- the silent or Auburn model of prison discipline in which inmates are, worked, recreated, and worshipped together, but were housed in separate cells at night and prohibited from talking with each other Strengths: More humane mingling of prisoners and cost effectiveness of the system Disadvantage: Required closer surveillance of inmates to enforce silence and inability to keep inmates isolated and greater potential for riots The Changing Purposes of Prisons By the middle of the nineteenth century, the penitentiary was recognized as being flawed Were replaced with reformatories in which inmates were trained to be law abiding citizens It was recognized that it was important for prisons to take active steps to reform prisoners Instill discipline and industry as habits Offering possibility of early release as an incentive for reform Reformatory – A prison typically reserved for youthful adult offenders. Inmates were viewed as “raw materials” to be shaped into law abiding citizens Problems: The habits established in the reformatory did not last long after being released Prison administrators increasingly used early release as a prison management tool rather than recognition of inmate reormation The Changing Purpose of Prisons 1960’s: Observers viewed prisons themselves as part of the problem of crime The best solution to reforming criminal offenders was thought to rest in keeping the criminal in the community where he or she could learn how to live a law-abiding life Prison populations fell Those kept in prison could take advantage of furlough programs which enabled them to maintain contact with the outside world 1970’s: The purpose of imprisonment came to be defined principally as punishment Inmates served time as a punishment for criminal offenses Whatever programs and services available to inmates were there for voluntary use Release from incarceration was based on service of sentence, not on evidence of reform or rehabilitation More offenders were expected to serve their prison sentence, although the lengths of terms were reduced for most offenders The Changing Purpose of Prisons At the turn of the century, the purpose of prisons came under scrutiny again The move to more punitive policies concerning the use of prisons and jails was viewed as being partially responsible for the tremendous growth in America’s inmate population during the past 45 years The Organization of American Incarceration: Jail Organization Major organizational characteristics of jails have been shaped by: Local control Multiple functions of jails Transient, heterogeneous populations Who is in Jail? Persons pending court proceedings Probation, parole, and bail violations and absconders Persons with mental illness pending movement to mental health facilities Military personnel for protective custody, contempt, or as witnesses Persons awaiting transfer to state or federal correctional facilities County Sheriffs operate most jails in the United States Multijurisdictional jails – Jails that serve more than one municipality or jurisdiction The Organization of American Incarceration: Prison Organization Prisons exist at the state and federal level Approximately 8% of Federal and state prisoners are housed in privately operated prisons By 1996 there was a 250% increase of state and federal prisoners By 2016 the number of state and federal prisoners started to fall Doing Time Incarceration is the foundation of American corrections It is the most severe sanction available to the state (excluding death penalty) Pains of Imprisonment – Refers to the social psychological deprivations experienced by prison inmates that combine to make the experience of incarceration personally painful to inmates Deprivation of goods and services Deprivation of heterosexual relations Deprivation of autonomy Deprivation of Security Prisonization – the term describing the process by which prison inmates come to learn and accept the values and norms of the inmate subculture Doing Time: Deprivation of Liberty Those confined in correctional institutions, by definition, do not have many liberties Deprivation of goods and services Prisons deprive inmate of access to and ownership of a variety of goods and services No possession of money Standardized clothing Personal possessions are confiscated Deprivation of Autonomy Prison is a “total institution” – residents are completely dependent on facility staff and where virtually all decisions are. Made by staff rather than the individual Institutionalization – the formation of individuals who are almost wholly dependent on the institution and incapable of caring for themselves in the free society Deprivation of security – At any time, the prisoner must be prepared to fight to protect his or her personal belongings – the constant threat of victimization Many prison inmates request placement in isolation for reasons of personal safety Correctional Officers: The Other Inmates Correctional officers serve a dual role: Manage inmates Line-level worker within the prison Officer is subjected to frequent “shake-downs,” supervision, and disciplinary action by superior officers Daily responsibilities can be very stressful This stress is linked to physical illness Job dissatisfaction Job turnover Concerns about safety and career development are important sources of stress for correctional officers Roll Stress – Many correctional officers report being troubled by stressors of the job, including clear job description, absence of support from superiors, and not being able to exercise personal judgement Correctional Officers: The Other Inmates Types of correctional officer deviance: Deviance against the institution include Improper use of agency equipment Purposefully failing to perform one’s duties Theft of correctional facility property Accepting gifts from inmates and contractors Deviance against inmates Abuse of authority Mishandling/theft of inmate property Violence/excessive force Sexual relations with or assault of inmates Deviance against other correctional officers Discrimination Sexual harassment General boundary violations Smuggling contraband Correctional Officers: The Other Inmates Many officers try to solve the problem of alienation by expanding their roles and making them more substantial and rewarding These officers discover that in the process of helping the inmates they are thereby giving them: More autonomy Security Emotional support These officers gain the same benefits: More control over their environment More security in their daily interactions with prisoners A sense of community – however inchoate or ill defined Incarceration in the Criminal Justice System Hands-off doctrine – Phrase describing the reluctance of the appellate courts to intervene in the operation of prisons, jails, and other correctional facilities. The term implies that courts grant wide latitude to correctional administrators by keeping their hands of questions of facility administrators 1941 case: Ex parte Hull – U.S. Supreme Court ruled that inmates had the right to access the courts. 1964: Cooper v. Pate- Supreme Court ruled that prisoners in federal institutions were protected from arbitrary and capricious violations of their civil rights. Prison inmates were entitled to the protections of the Civil Rights Act of 1871. Inmates could challenge conditions of confinement Incarceration in the Criminal Justice System Johnson v. Avery (1969) Supreme Court ruled that prison authorities must either allow inmates the use of Jailhouse lawyers (Inmates who assist others in the preparation of court documents) or provide an adequate alternative In deciding questions of prisoners’ rights, the courts generally have applied three tests to the reasonableness of prison conditions and regulations: Compelling state interest – Is any concern of the state that is so important that it overrides the protections afforded in the constitution Least restrictive alternative – refers to the desire to be no more oppressive than is necessary to meet the needs of the state Clear and present danger – Refers to conditions or behaviors that pose an immediate threat to safety or order and relates to controls on the activities of inmates that pose a direct threat to the smooth operation of the facility Prisoners’ Rights First Amendment Protections: Provides for the freedoms of religion, speech, the press, and assembly, as well as the right to petition the government for redress or grievances Supreme Court upheld restrictions on the right of inmates to correspond with other prisoners Supreme Court struck down rules that prevented prisoners from marriage (Turner v. Safley, 1987) Eighth Amendment Protections: Prohibits cruel and unusual punishments Is responsible for the cessation if corporal punishment and general improvements in prison conditions Fourteenth Amendment Protections: No state may deprive any citizen of life, liberty, or property without due process of law Wolff v. McDonnell (1974) – Supreme Court ruled in favor of specific due process protections for inmates facing disciplinary charges Prisoners’ Rights Wolff v. McDonnell (cont’d) Corrections authorities must provide: Written notice of the charges Hearing within 72 hours of notice Warnings of possible criminal proceedings that could result from the hearing Written statement of the findings and evidence Right to appeal within 5 days Due Process, Crime Control, and Incarceration Before the government can restrict the liberty of individuals (even incarcerated individuals), it must justify its decisions Prison Litigation Reform Act of 1995 – A law requiring inmates to exhaust all administrative remedies (appeals through the prison administration and department of corrections) before they could file a suit in federal court Porter v. Nussell (2002)– Supreme Court ruled that the exhaustion requirement of the Prison Litigation Reform Act of 1995 applies to all inmate suits about prison life, regardless of whether they involve systemic