CCJS Exam 3 Review 28 11 2012 23 10 00 HISTORY OF CORRECTIONS Pg 295 chart of correctional eras Colonial Corporal Punishment 1600 1790 Penitentiary Enlightenment Solitary Confinement 1790 1860 Reformatory Convict Labor Convict Lease indeterminate sentences 1870 1890 Progressive 1st time courts introduced Juvenile Courts 1890 1930 Medical Psychological 1930 1960 Community Vocational 1960 1970 Crime Control Mandatory risk management 1970 2000s ORGANIZATION OF CORRECTIONS Fragmented w each level of gov t holding some responsibility for corrections o Federal prisons o Federal probation parole o State community corrections Fed prob and parole and state community corrections 60 correctional population o State prison o State institutes for women 7 incarcerated Exceed men 1981 o State and local governments pay about 95 of the cost of all correctional activities in the nation Increase in incarceration since 1980 750 100 thousand ppl in US incarcerated Use of probation has also increased Jails vs Prison Jail cid 224 less serious misdemeanors under a year o 2 reasons why youd be in jail 1 Pre trial detention 2 Misdemeanor Prison cid 224 more serious offenses over a year Law of Corrections Hands off policy belief that judges should not interfere w administration of correctional institutions o Cooper v Pate 1964 signaled end of hands off policy Justifications o 1 Separation of powers Legislative Executive Branch o 2 Federalism State vs Federal o 3 Furtherance of Correctional Goals Want to give power administratively to ppl running jails and actually involved o 4 Burden or Processing pro se inmates complaints Pro se inmate inmate who represents themselves All inmates have is time may as well continue to file complaints legit or not CONSTITUTIONAL RIGHTS 1st Amendment Mail Reading Religion o Ex although you do have first amendment right to send and receive mail if there is a compelling state interest can stop inmates from doing so o If inmates are undermining the system o Reading right can be taken away for a compelling state interest as may restrict from high security inmates b c unsafe to other well cid 224 inmates o Religion stop from attending religious services if correctional facility is on lock down or if in solitary confinement 4th Amendment Privacy Search and Seizure o Hudson v Palmer 1984 upheld the authority of officials to search cells and confiscate any materials found o Samson v California 2006 Warrantless search of Parolees 8th Amendment Cruel and Unusual Punishment o Deliberate Indifference on exam If there is a transgender inmate and deliberately did not protect him from inmates cid 224 raped and ended up getting HIV was o Medical problems are often not considered deliberate indifference 14th Amendment Equal Protection and Due Process 5th o Morrissey v Brewer 1972 Parole Revocation Notice Probable Cause Speak on Behalf Present and Confront Witnesses o Wolff v McDonnell 1974 Prison Discipline Good Time Notice Fair Hearing Confront Witnesses Written Statement of Decision Help if needed INSTITUTION STRUCTURE models of incarceration The custodial model o Before WW1 o Security discipline and order o Maximum security institutions today The Rehabilitation model o Developed during the 1950s o Emphasizes treatment programs designed to reform the offender o Few prisons The Reintegration model o Maintaining ties to family and community as a method of reform o Returning to society TERMS Reentry a convict being reentered into society Recidivism Re offense o Can be measured by basically anything o ALL OF THE ABOVE Discretion Status offense can only commit status offense if you are juvenile drinking running away Delinquent Waiver process by which you transfer a juvenile to adult criminal court Diversion keep juveniles out of system send them elsewhere PINS Person in need of service Adjudication trial stage 1 6 million per year Child savers lobbyists who fought for distinct child criminal system INMATE HEALTH 21 000 HIV pos inmates 1 9 Top causes of inmate mortality o Natural death o Suicide o AIDS 2 of prison population has HIV Avg cost of health care 2 500 ORIGINATION OF PAROLE In 1876 Elmira State Reformatory in NY began to experiment with the Prisoners could be released when their conduct showed they were ready concept of parole to return to society This idea spread 20 states by 1900 and 44 states by 1932 PAROLE Challenges o No dependable living o No dependable employment o Unskilled o Inadequate education Community Programs Following Release o Work education release the daytime release of inmates from correctional facilities so they may work or attend school o Furloughs the temp release of inmate from institute for brief period usually 1 3 days for home visit o Halfway houses correctional facility housing convicted felons who spend portion of day at work in community but reside in halfway houses during network hours Role of Parole Officer o Cop social worker o Designed to help offenders make transition o Supervision shifted towards surveillance drug testing monitoring curfews collecting restitution o Safety security major issues in parole services Revocation of parole o Public tends to view high of revocations as failure of parole o 39 technical violation o 70 arrested or convicted of new offense Reentry Problem o About 700 000 offenders per year returned to prison o Recidivism rate demonstrates a failure of ccjs to deal w reentry problems of ex felons o More prisoners serving sentences for drug offenses o Parole community programs rep an effort to address inevitability of their return MECHANISMS FOR RELEASE Discretionary cid 224 parole board diff b c they have not served the whole sentence Mandatory cid 224 serve sentence then released to community supervision Expiration cid 224 serve sentence then free JUVENILES 1st convicted juvenile cid 224 16 yo in mid 90s cid 224 juveniles seen as super predators Juvenile is under 21 NOT 18 3 ways a juvenile waiver can be used to send to adult court o 1 Judicial waiver cid 224 judge has ultimate decision there is hearing when juvenile court judge has the authority to waive juvenile court jurisdiction and transfer the case to adult criminal court o 2 Statutory exclusion cid 224 statue makes decision certain crime has to be tried in adult court o 3 Direct file cid 224 prosecutor makes decision when the prosecutor has discretion to file the case in juvenile or adult criminal court CASE LAW Cooper v Pate 1964 signaled end of hands off policy Hudson v
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