88 terms

Corrections 3

Total Institutions
social arrangement that encompasses every aspect of someone's life and is controlled by someone in higher power; penal instructions; wipe away ties with outside community; stripping individual of his "old self"; Goffman
Institutions established to care for people who are incapable of caring for themselves and are harmless
type of total institution; nursing homes, homeless shelters, shelters for blind
Institutions for people who cannot take care for themselves and thought to be a treat to the community
type of total institution; mental hospitals, sanitariums
Institutions organized to protect the community from potential dangers to it
type of total institution; prisons, jails, penitentiaries, concentration camp
Institutions designed to better pursuit some technical tasks and justify themselves only on these grounds
type of total institution; boarding schools, army barracks, work camps
Institutions designed as retreats from the world or as training stations for the religious
type of total institution; monasteries
3 Spheres of Total Institutions
1. under one authority in total institution; 2. overall rational plan on the outside in total institution; 3. co-participants (you live with different people)
Mortification Process of Total Institution
death of old self - happens at intake (break connection with outside, personal assets, given ID#)
4 Different Ways An Inmate Reacts to Total Institutions
Situational Withdrawal; Rebellion; Colonization; Conversion
Situational Withdrawal (Total Institutions)
inmates withdrawals events that only relate to themselves; person gives up on goals and gives up on programs; Jailing
Rebellion (Total Institutions)
inmate intentionally challenges institution; done by refusing to cooperate with staff and rules and regulations of facilities; inmates that need to be broken down (young inmates); Disorganized Criminal
Colonization (Total Institutions)
inmate accepts life on the inside; inmate that thinks he never had it so good; happy with what he now has; life on inside for inmate is better then on outside; people who would try to mess up to stay longer in institution; Cleaning
Conversion (Total Institutions)
inmates completely takes over the official staff member's view of himself; the "square john" - obeys all rules; doesn't deviate from the structure of the facility; Doing Time
Inmate Code (Donald Clemmer)
set of rules of conduct for inmates; rules reflect values and norms of prison social society; creates an image of the model prisoner in the eyes of the inmates (crimes should be honorable)
new inmate absorbs the customs of prison society and learns to adapt to environment
Limitations of Prisonization
short sentences; refusal to be part of a group; constant connection to outside
Deprivation (Prison Subculture; Sykes)
come from pains and losses of incarceration; liberty is first thing lost; deprivation of autonomy; put through extreme isolation; deprivation fo goods and services; deprivation of heterosexual relationships (anxiety towards masculinity); deprivation of security; subcultures came out as a way to adapt to the prison subcultures
Rats/Squealers (Categories of Prisoners)
they do it for self-interest; get extra favors from guards and staff
Gorillas (Categories of Prisoners)
take what they want by meaning of force
Weaklings (Categories of Prisoners)
submissive to the Gorillas and give in to their needs
Merchant (Categories of Prisoners)
in charge of getting the inmates what they need; cigarettes main source of currency
Wolves (Categories of Prisoners)
play an aggressive role; respected because their homosexuality is a form of power; don't consider themselves gay
Punks/Fags (Categories of Prisoners)
play a submissive part
Centermen (Categories of Prisoners)
side with officials not to secure favors, but he shares their viewpoint; falls under Goffman's conversion category; not afraid to show where sympathy lies
Ball-Busters (Categories of Prisoners)
inmates that express open defiance/blatant disobedience; cause disturbances in facility; not respected and hated in prison society; viewed as a fool
Real Men (Categories of Prisoners)
wants to do his time and not anyone else's; usually lifers who abide by rules; not taken advantage of by other inmates
Importation (Sykes)
inmates go into prison with distinct set of values; status in community
Convict (Imported Subculture)
state raised youths that are in and out of foster homes/detention centers; used to living in a single sex environment; people who have been incarcerated before; been part of a total institution before; know how to navigate through it
Thief (Imported Subculture)
looks at stay in prison as a break in criminal career; will get out and commit another crime
Straight (Imported Subculture)
first time offenders; bring culture of conventional society and do not know prison subculture
Punishment Prior to 1800s
men and women had the same punishments; men, women, and children housed in the same facilities
Punishment in Late 1700s to Early 1800s
women were segregated from men in incarceration; horrible conditions for facilities for both men and women (women may have had worse conditions); females who deviated were viewed worse then men (given harsher punishment)
Elizabeth Frye
Quaker in 1800s; advocated for change in punishment for women; wanted segregated facilities; wanted rehab programs to be gendered
Women's Prison Association (WPA)
in charge of looking at women prison conditions; look at sentence lengths; look at equality between corrections between men and women
Reformatories for Men and Women in 1870s to 1930s
reformatories operated by women and for women; resembles cottage communities instead of looking like prisons - private rooms instead of cells, women learned domestic skills, many programs treated women like children; male reformatories became outdates; segregation of men and women in reformatories still kept today
Reasons for Major Influx of Women Incarceration
war on drugs (women charged in conspiracy); domestic case (women now liable); longer sentences for women; gender roles breaking down
Reasons Women are Known as Forgotten Offenders
1. constitute a small proportion of correctional population; 2. women commit fewer crimes then men; 3. female criminality tends to be less series (commit less violent crimes); 4. popular social attitudes tends to put all females in a subservient position; 5. women have been excluded from the CJ system (lenient treatment)
Institutionalized Sexism
caused by low status of female criminality; few female offenders in correctional facilities
Examples of Institutionalized Sexism
women's prisons are located further from friends and family (prohibits visits); women's prisons have less educational, vocational, and other programs available in prisons (most programs are gender stereotypes - cooking/home economics); women's prisons lack specialization and treatment and fail to segregate offenders who present special problems or have special needs
Square (Women Prison Experience)
situational offender; first or second offense; conforms to conventional forms
Life (Women Prison Experience)
persistent offenders; act in prison as they do on outside; stand firm against authority; usually anti-social; represent about half of female prison population
Cool (Women Prison Experience)
they are manipulative; stay out of trouble by using hidden channels
Pseudo Families (Women Prison Experience)
women that have different roles in a "family"; gang-like
Distinguishing Features of Female Prisons
small facilities; less security; inmate-staff relations are less structured; less physical violence; less development of an underground economy; less committed to inmate code; sentences are usually much shorter; have more serious health concerns
Women in Prison and Children
if in prison for more then 16 months then they lose their rights to their child
3 Driving Forces for Capital Punishment
1. Rehabilitation; 2. Deterrence; 3. Retribution
Reasons Supporting Death Penalty
deters criminals from committing violent acts; makes the criminal pay for horrible crimes; prevents murderers from committing further harm against society; less expensive then holding violent criminals in prison for life
Reasons Opposing Death Penalty
no proof that it deters criminals against crime (murder in state with death penalty same as those without); wrong for government to participate in the intentional killing of its citizens; applied in a discriminatory fashion (never known when it will be given); innocent people have been executed
Furman v. Georgia (1972)
key supreme court case on death penalty; found death penalty as administered was cruel and unusual punishment; the sentence was based on chance (never knew when it would be administered); put a moratorium on it for 4 years (people on death row were changed to life sentences with parole [got out and recidivated]); states wanted it because public agrees with it
Gregg v. Georgia (1976)
found that they death penalty is constitutional as long as the sentencing judge and the jury take into account certain aggravating and mitigating factors; have to create 2 trials (bifurcated process); most states put death penalty back as a sanction
Bifurcated Process
1st trial to decide if they are guilty or not (sentencing phase); 2nd trial to decide the punishment they will get
Atkins v. Virginia (2002)
mentally ill and capital punishment; rules that execution of mentally ill was unconstitutional
Capital Punishment and Juveniles
in 2005 it was unconstitutional; could not execute juveniles; juveniles on death row were sentenced to life without parole
Collateral Consequences
civil penalties, road blocks, invisible punishments; additional sanctions inmates face after they serve their time in prison; the transition period after incarceration is very restricted (welfare, jobs, education); have been adopted across the country (doubled in past 10 years); CO hardest state to transition back into; severity of sanctions have increased as well
Housing Opportunity Program Extension Act (H.O.P.E. 1996)
permits housing agencies to deny anyone to has a drug crime; any member of household that commits a drug felony can cause the housing agency to evict them from the household (lifetime ban)
Public Assistance and Food Stamps (Welfare Reform Act)
lifetime ban on food stamps and temporary assistance denied for needed families for anyone who committed a drug related felony (only 12 states have opted out of it)
Higher Education Act
denial of financial aide for a person with a criminal conviction
Right to Vote (Felon Disenfranchisement)
48 states have restrictions of voting for convictions
Employment Restrictions
most employers are not willing to hire people with past convictions; major cities want to "take away the box" on the applications (for crime box)
Diva Pager
looked at employment rates with convictions; took members of her graduating class and broke them into groups (4 groups of race/conviction); race played more of a factor then criminal record; whites with criminal record received more offers then blacks without record
Child Custody (Adoption and Safe Families Act)
allows termination if the child has been in state custody for 15 of last 21 months
the conditional release of an inmate from incarceration after part of the prison sentence has been served; release is typically a period of supervision in the community; offender must comply with specific behavioral requirements during this time; felony offenders paroled (misdemeanor offenders are not)
3 Concepts Parole Rests On
1. grace or privilege; 2. contract of consent; 3. custody
Parole Eligibility
the point in a prisoner's sentence when he/she is first legally able to be released from prison
Dual Meaning of Parole
1. a mechanism whereby offenders are released from prison, usually by a "parole board"; 2. a method (and period) of supervision the offender spends in the community
Origins of Parole
came from English, Australian, & Irish practices as conditional pardon, apprenticeship by indenture, transportation, and "tickets-of-leave"; usually used as responses to problems of overcrowding, labor shortages, and incarceration costs
Release Mechanisms
3 primary ways: discretionary release; mandatory release; expiration release; other conditional releases
Discretionary Release
release of an inmate (to conditional supervision) at the discretion of the parole board, within boundaries of sentence and law; inmate is subject
Mandatory Release
required release of an inmate (to conditional supervision) at the expiration of a certain time period, as determines by law or parole guidelines
Expiration Release
release of an offender from custody (no additional supervision); offender may not be returned to prison for any part of sentence; applies in cases of commutation, pardon, or end of sentence
Other Conditional Releases
placements in the community; release from prison to halfway houses, home supervision, emergency release; a way to avoid using the term 'parole'; prisoners also released from death or escapes
when people fail on parole, their parolee status is revoked and they return to prison to continue serving their sentences; parole can be revoked for two reasons: 1. committing a new crime; 2. violating conditions of parole ("technical violation")
Conditions of Release
restrictions placed on parolees' conduct that must be obeyed as a legally binding requirement of being released
Duel Role of Parole Officer
like probation officers, parole officers are asked to play a duel role of cop and social worker; conflict between two roles; more emphasis of cop role
Cop (Parole Officer)
surveillance; search; enforcement; arrest; suspend parole; initiate revocation
Social Worker (Parole Officer)
find job; restore family ties; service referral; intermediary; advocate
4 Characterizations of Parole Officers
paternal officers; welfare workers; punitive officers; passive agents
Paternal Officers (Parole Officer)
protect both the offender and community by means of assistance, lectures, praise, and blame
Welfare Workers (Parole Officer)
want the greater good of their clients and they help the clients' individual adjustment toward that end
Punitive Officers (Parole Officer)
guardians of middle-class morality and attempt to bring the offender into conformity by threats and punishments
Passive Agents (Parole Officer)
see their jobs as secure and expend only minimal energy
Residential Programs
these serve offenders when they are first released from prison; most house a limited number of offenders at any one time; they are often referred to as "community correctional centers"; they usually provide counseling, drug treatment, and impose strict curfews on residents when they are not working
Problems with Residential Centers
high staff-resident rations; high operating expenses; some have high failure rates; many are not welcomed in their communities
Offender's Difficulties with Post-Release Experience
strangeness of re-entry (unfamiliar world; friends; relationships; new decisions); unmet personal needs (money, job, education); barriers to success (close monitoring; civil disabilities; job impediments); health risks; social exclusion
Civil Remedies for Disabilities
expungement of criminal record; pardon
Expungement of Criminal Record
a legal process that is supposed to result in removal of official record of conviction; in fact, records are kept; process if cumbersome and inadequate
an act of clemency by executive branch of state or federal government excusing an offense and absolving offender from consequences of crime
3 Purposes of "Pardon"
1. remedy miscarriage of justice; 2. remove stigma of conviction; 3. mitigate a penalty