84 terms


Elizabeth Frye
one activists who fought for women in prison during the early 1800s. a quaker reform activist and an advocate for women who were incarcerated during these early years. The first person noted for spearheading the rights of women in prison,and her thoughts became known across continents. She was the first person in the US and europe to truly highlight the plight of women in prison. Second, she was a quaker and as we have seen in earlier chapters of this text, the quakers were instrumental in effecting positive change in american prisons.
Lex talionis
The code of Hammurabi used this term. It referred to the babylon law of equal retaliation. this legal basis reflected the instinctive desire for humans who have been harmed to seek revenge.
Code of Hammurabi
an eye for an eye mentality, earliest written known punishment. babylon
Blood feud
a cycle of back and forth warfare between mutually agreived parties.
a place of refuge or asylum. they were provided until some form of negotiation could be arranged or until the accused ultimately smuggled out of the area.
wooden frames that were built in the outdoors usually in a small village or townsquare. Another common punishment. For humiliation
similar to the stock except it consisted of a single large bored hole where the offenders neck would rest. from of humiliation
the Mosaic or the Judaic Code(s)
actual saying of an "eye for an eye,a tooth for a tooth, .. and a life for a life" . code of hammurabi is derived from this.
Christian groups that influenced criminal justice policies
quakers, romans, catholics
civil death
criminals are essentially dead to society. the offenders property would be excised by the govt and the marriage if any between the offender and his or her spouse would be declared viod,providing the status of widow to the spouse. offender is to be forgotten and placed forever in the past.
William Penn (1644-1718)
was a Quaker and an advocate of religious freedom as well as individual rights.Spread the idea that criminal offenders were worthy of humane treatment. founder of the state of pennsylvania
Cesare Beccaria (1738-1794)
First to have public writing against the death penalty.Condemned the death penalty on two grounds.Contended that punishment should be viewed as having a preventive rather than a retributive function.Many of these tenets are consistent with classical criminological views on crime and punishment.Known as father of classical criminology.
John Howard (1726-1790)
Appalled by prison conditions.Called for reform in ways inmates were treated and prison conditions.sheriff of bedfordshire in england,advocated for prison reform, wrote state of prisons treatise for british parliament.
Jeremy Bentham (1748-1832)
believed behavior could be determined through scientific principles,created pleasure-pain hypothesis. aka Hedonistic Calculus =Believed that human behavior was rational and that the shaping of this rational behavior was due to an inherent human desire to maximize a sense of pleasure and to minimize experiences that were painful or unpleasant.
judicial disparity
refers to the inconsistencies in sentencing and or sanctions that result from the decision making process. this typically results when the criminal justice system provides an unequal response toward one group as compared with the response to other groups.
judicial discrimination
which focuses on attributes of the offenders when providing a given sentence. This usually results in a differential response toward a group without providing any legally legeitimate reference to reasons for that differential response.
labeling theory
contends that individuals become stabilized in criminal roles when they are labeled as criminals,are stigmatized,develop criminal identities,are sent to prison,and are excluded from conventional roles. in essence the label of criminal offender or convict simply stands in the way of the offender reintegrating back into society.
determinate sentencing
consists of fixed periods of incarceration with no later flexibility in the term that is served. this type of sentencing is grounded in notions of retribution, just desserts,and incapacitation. when offenders are given this sentencing they are imprisoned for a specific period of time (ex. 5 years,10 years,20 years) once that time has expired the inmate is released from prison
indeterminate sentencing
sentencing that includes a range of years that will potentially be served by the offender. the offender is released during some point in the range of years that are assigned by the sentencing judge. Using this sentencing judges will assign custody of the offender to the department of corrections,and the release is completely dependent on the agancy's determination that the offender is ready to function appropiately in society. Provides correctional officials a good deal of control over the amount of time that an offender will serve.
selective incapacitation
identifying inmates who are of particular concern to public safety and providing thos specific inmates with much longer sentences than would be given to other inmates.
considered an effective alternative to capital punishment because offender was removed or exiled from society.
the contention of which is that the use of harsh punishment sensitizes people to violence and essentially teaches them to use violence rather than acting as a deterrent.
whereby the offender is either temporarily or permenantly isolated or mamed as a means of preventing a type of crime in the future. Banishment is a type of this
How do judges determine sanctions for offenders
For many judges deciding the length of the sentence is not an easy task. there are frustrations in sentencing that tend to be related to the need to consider the possibilty for rehabilitation, the need to protect society, the need to fulfill the demand of retribution,and the implementation of deterrence strategies. The most important factor in deciding on a sanction is the "seriousness of the crime".
offenders will be deterred from reoffending due to their having worthwhile staked in legitimate society. aimed solely at the recovery of the offender,regardless of the crime that was committed. This is a considered a success and a concern over the severity of the past crime is not considered important. with this approach, it is feasible that offenders with lesser crimes may end up serving more time behind bars than a person with a more serious crime if it is determined that they are not amenable to rehabilitative effort. This is a type of indeterminate sentence
restorative justice
intervention that focus on restoring the health of the community,repairing the harm done, meeting victims needs,and emphasizing that the offender can and must contribute to those repairs. victim is given priority consideration is the process and offenders must be accountable for the crimes that they commited against victim
prevention of the crime by the threat of punishment
Specific Deterence
simply the infliction of a punishment upon a specific ofender in the hope that that particular offender will be discouraged from commiting future crimes.
General Deterence
intended to cause vicarious learning whereby observers see that offenders are punished for a given crime , and themselves are discouraged from commiting a like mannered crime due to fear of punishment.
Treatment and specific deterrence
focus on the offender.
Retribution, general deterrence, and incapacitation
focus on the crime
community jail
devised so that programming provided on the outside does not end at the jail facility,rather the programming is continued on a continum that extends beyond incarceration and well into the community.
booking area
the most important area in short term and long term jail facilities. offenders and suspected offenders enter and exit from this point. greater risks where most intakes occur
Sally Port
allows security staff to bring vehicles close to the admission area in a secure fashion. In many small jails this may not exist.
often a police operated facility where individuals who have been arrested are held for 24-72 hours,depending on the circumstances and the jurisdiction. once 72 hours has elaspsed the inmate held in the lock up is transferred to the local jail where he or she is admitted. true "holding cell"
shock incarceration
a short period of incarceration followed by a specified term of community supervision in hopes of deterring the offender from recidivating. mostly used in a form of mixed sentencing and designed for juvenile offenders or those who have never been incarcerated before.
direct supervision
under this design cells are organized on the outside of square space, with shower facilities and recreation cellls intersperced among the typical inmate living quarters.
indirect supervision
local sheriffs/warden?
operates jails.
Way in which Jails differ from prisons
overcrowding issue in Jails hold both convicted offenders and persons being detained until they see a judge.they process approx. 10 times the amount of inmates than do prisons throughout a given year. jails hold people for short amount of time few hours to several months.
rural jails
there is incentive to embrace the jail operation industry. in these cases facilities tend to house state-level inmates due to the fact that many states have burgeoning prison populations. in these state prisons there is simply no room to warehouse offenders. they can generate substantial revenue for the jail.
rural rather than metropolitan
the location in a rural area can help thwart unplanned escapes that take place on foot,but they are not fool proof agaisnt planned ones. ...
Jails vs. prisons
risk of suicide is greater in jails than prisons
blind spot
n correctional facilities can occur when the design has certain areas a prison obscured from easy view of security staff and/or surveillance equipment. they leave a gap in security that can allow inmates to engage in inappropiate or illicit behaviors ,such as trafficking and trading contraband,inappropiate behavior within the institution,or assaultive actions against other inmates or staff. Thus these are danger zones within the prison facility and should be given maximum attention by security personnel to offset the potential breach to external or internal security.
isolation zone
designed to prevent undetected access to the outer fencing of the prison facility. The area between the inner and outer fences. This also forms an area of confinement where the inmate escapee is trapped once the alarm is triggered.
Spoked Wheel Design
pennsylvania Prisons.Eastern Penitentiary featured cells that were arranged along the outer walls of a cell block.The cell blocks were all connected to a central rotunda, and each cell block jutted out in a radial fashion similar to spokes on a wheel.
The outer perimeter wall of the prison was
rectangular in shape. advents such as modern plumbing systems and outside cell configurations with toilet and lavatory fixtures as well as showers were,until this time,unheard within a prison system.
Telephone Pole Design
New York Prisons Auburn and Sing Sing had two back-to-back rows of multitier cells arranged in a straight, linear plan. Cell blocks did not face each other, and there was a long walkway in front of the cells. Corrections officers walk the walkway to view
inmates.These conditions were fairly cramped
Panopticon Design
Created by Jeremy Bentham but never used in
England. Used in Pennsylvania, Virginia, and Illinois.Cells that face each other across a wide circular space with an enclosed observation post that is at the center of the structure.Designed to allow security personnel to clearly
observe all inmates without the inmates
themselves being able to tell whether they were
being watched.
compensatory damages
which are payments for actual losses suffered by a plaintiff(typically by the offender).
punitive damages
these monetary awards would be reserved for an offender who was harmed in a malicious or willful manner by agency staff; however these damages are often added to emphasize the seriousness of injury and/or to serve as a warning to other parties who might observe the cases's outcome.
consent decree
an injunction but with the defendent and the agency. This involves both parties agreeing to work out the terms of a stated settlement that is given official weight by the court
a court order that requires an agency to take some form of action(s) or to refrain from a particular action or set of actions.
Most plaintiffs in civil cases
seek to obtain monetary damages
Tort law
civil liability under state law. a legal injury in which the action of one person causes injury to person or property of another as the result of a violation of one's duty that has been established by law.
8th amendment
addresses whether treatment of inmates entails cruel or unusual punishment. Ex. death penalty
5th amendment
right to self incrimination,double jeopardy. when the adjudication involves violation of a criminal statue
4rth amendment
the right of people to be secure in their persons,houses,papers,and effects, against unreasonable searches and seizures,shall not be violated,and no warrants shall issue but upon probable cause.
2nd amendment
right to bare arms
1st Amendment
issues inculde inmates rights to freedom of speech and freedom of religion.cases below are organized in chronological order
Bill of Rights
First 10 amendments.
hands-off doctrine
based on two primary premises. First was the premise that under the separation of powers inherent in the US constitution , the judicial branch was not justified to interfere with prisons,which operated by the executive branch. the second premise was, simply put, that judges should leave prison administration to the prison experts. With these premises in place,states tended to operate their prisons with impunity; they were free to do as they pleased with no fear of outside scrutiny.
Rhoda Coffin
in 1869 along with Sarah Smith, was a Quaker activists who were appointed to inspect correctional facilities,both in Indiana(the state in which they lived) and in other areas of the nation. They concluded that the state of morals and integrity among staff in female prisons was deplorable.Further, they spearheaded a social campaign against sexual abuse that they had discovered in Indiana prisons. Their worked led to the first completely separate female prisons,first opened in 1874. by 1940,23 states had separate women prisons.
Sarah Smith
in 1869 along with Rhonda Coffin, was a Quaker activists who were appointed to inspect correctional facilities,both in Indiana(the state in which they lived) and in other areas of the nation. They concluded that the state of morals and integrity among staff in female prisons was deplorable.Further, they spearheaded a social campaign against sexual abuse that they had discovered in Indiana prisons. Their worked led to the first completely separate female prisons,first opened in 1874. by 1940,23 states had separate women prisons.
Rachel Welch
became pregnant while placed in solitary confinement. Example where women in prisons were routinely abused sexually,and,in the state of Indiana,there were accounts where prostitution of these women was widespread.
collateral damage children whose mothers are incarcerated suffer
a number of children display symptoms of PTSD,namely depression, feelings of anger, guilt,flashbacks about their mothers crimes or arrests,and the experience of hearing their mothers voice. they also display other negative affects such as school related difficulties,depression,low self esteem, aggressive behavior,and general emotional dysfunction.
Who takes care of children whose mothers are incarcerated
children usually go to female offender's relative or friends. If they are unable to leave them to friends or relatives,the local welfare agency will most likely place the child in foster care.
a term to describe any social system where fathers tend to be considered the head of the family and were men tend to hold economic,political,legal, and social power.
chivalry hypothesis
contends that there is a bias in the criminal justice system against giving women harsh punishments. this is true as long as the offenses that they commit are considered"gender appropriate" or consistent with the stereotyped role that women are expected to maintain.
incarceration rate for women
incarceration rate for women is increasing at nearly twice as men.The US incarcerates more women of any nation 183,400 in 2005. India holds the least louisiana ranks 1st when one compares the number of incarcerated women in the nations of the world. Texans ranks 74th and california ranks 7th.those states with the lowest rates were Rhode island, Maine,vermont, Massachusetts, Minnesota, and new hampshire. why? it is perhaps interesting that these states are typically considered more progressive in different bodies of literature and that these states are also more prone to using treatment schemes,restorative justice, and other innovations rather than prison. Also, these states tend to also be more affluent than those listed as having the highest incarceration rates. allfuent regions tend to have lower crime rates and therefore lower rates of imprisonment. in addition, the duration of these sentences tend to be less.the irony to this is that many states cannot afford to have increased expenditures for incarceration.those who do have these higher rates tend not to be economically stable enough to afford it
strain theory
denotes that when individuals cannot obtain success goals money,status,etc. they will tend to experience a sense of pressure often called strain. aka institutional anomie
social learning theory
contends that offenders learn to engage in crime through exposure to and the adoption of definitions that are favorable to the commission of crime.
differential association theory
contends that offenders learn to engage in crime through exposure to and the adoption of definitions that are favorable to the commission of crime. does not clarify this point that social learning articulates the manner in which such definitions are learned by criminals.
inmates classified how? page 210 chart
to determine how likely an offender is to cause further injury and to match the likelihood with a commensurable level of security that not excessive but is sufficient to safeguard the public from further harm.
goals of classification
-protect the public from future victimization by offenders who are already in the correctional system.
- protect inmates from one another by separating likely predators from less serious inmates
-control inmates behavior which includes their ability to trade in contraband, engage in prison gang activities,or harm themselves. (suicidal inmates)
- provide planning so that agencies can better allocate resources and determine programming accountability.
whose responsibility is it to classify an inmate
judges seriousness of the crime and public safety??
goals of corrections
retribution, deterrence, incapacitation, and treatment
varying levels of security
Alexander Maconochie
first figure to have implented a classifcation system, an officer of the british royal navy. implented a system in where the duration of an offenders sentence was determined by the inmates behavior and willingness to work. Mark system because marks were awarded to inmates for each day that they provided adequate work. considered indeterminate in nature. Five specific phases 1 stricit incarceration 2 intense labor in forced work group or chain gang 3 limited freedom within a prescribed area 4 a ticket of leave 5 full freedom
this means that classification is a continual process that follows inamtes throughout their sentence
level of security
the type of physical barriers that are utilized to prevent inmates escape and are related to public safety concerns.
custody levels
related to the degree of staff supervison that is need for a given inmate. chart page 214
Changes in classification in 100 years
level of overclassification are made more consistently,criteria for custody decisions have been made more consistently,criteria for custody decisons have been validated,inmate program needs are assessed systematically, and safety for noth inmate and staff has enhanced
internal classification
housing,programs, work assignments, facility,
external classification