11 06 2012 Lecture Notes History of corrections Table on p 295 in book on exam Evolution of corrections Colonial 1600 1790 o Corporal punishment o RED LINE Penitentiary 1790 1860 o Enlightenment solitary confinement main priority Reformatory 1870 1890 o Convict labor contracted out to do types of work provided equipment create sellable items o Convict lease more of a trade whoever they are leased to provides food clothing in exchange for labor o Realized that solitary confinement was very extreme sought other methods of reform Progressive 1890 1930 o Juvenile courts Medical 1930 1960 o Psychological o Care for needs programs Community 1960 1970 o Vocational o RED LINE Crime control 1970 present o Mandatory Organization of corrections in the US Fragmented with each level of gov holding some responsibility for corrections o Federal prisons o Federal probation parole o State community corrections o State prison o State institutes for women 7 of incarcerated less likely to commit more serious 1981 exceeded men in the rate that they are involved violent crimes in the correctional system 60 in federal probation parole and state community corrections State local gov pay about 95 of the cost of all correctional activities in the nation Increase in incarceration Significant increase in the past few years most people in the entire Also increase in probation because many are being released need world supervision Jail vs prison Prison more than a year post conviction more serious crimes Jail less than a year pretrial detainees typically felonies The law of corrections Hands off policy the belief that judges should not interfere with the administration of correctional institutions Why on exam o Separation of powers legislative executive branch o Federalism state vs federal o Furtherance of correctional goals Broad discretion judges are not the administrators of prisons so they did not want to interfere with their goals o Burden of processing pro se inmates complaints If they took on the responsibility of defining protecting rights inmates may have a lot of time on their hands to Pro se inmate person not represented by an attorney file illegitimate complaints representing themselves Cooper v Pate 1964 signaled the end of the hands off policy Constitutional rights First amendment mail reading religion o Can restrict right to send receive mail if there is a compelling state interest to facility Restricting mail to avoid mail to inmates or from facility o Can read material can take away right again May want to restrict reading from high security inmates paper or other materials can be used violently Can restrict attending religious services may be on lockdown solitary confinement prevent violence may not have volunteer to lead Fourth amendment privacy search seizure o Hudson v Palmer 1984 upheld the authority of officials to search cells confiscate materials found o Samson v California 2006 warrantless search of parolees Eighth amendment cruel unusual punishment o Deliberate indifference to health safety to determine if it is constitutional Fourteenth amendment equal protection due process o Morissey v Brewer 1972 parole revocation Notice 24 hour Probable cause only needs some evidence could be the word of someone Speak on behalf Present confront witnesses Notice 24 hour Fair hearing o Wolff v McDonell 1974 prison discipline good time Confront witnesses Written statement of decision Help if needed Chapter summary corrections Understand how the American system of corrections has developed Know the roles that the federal state local gov play in Be familiar with the law of corrections how it is applied to offenders correctional professionals Models of incarceration post 1940 p 346 in book The custodial model o Before WW2 o Security discipline order o Maximum security institutions today o Solitary confinement less freedom many hours of lockdown The rehabilitation model o Developed during 1950 s o Emphasizes treatment programs designed to reform offender o Few prisons The reintegration model o Maintaining ties to family community as a method of reform o Returning to society 95 of inmates will eventually be released from prison jail Rewards and punishments Rewards punishments to gain cooperation o Rewards choice in job assignment honor unit residence good time o Punishments poor job assignments poor unit residence the loaf solitary confinement losing the chance of good time Loaf a nutritional supplement that tastes like cardboard very hard given to people in solitary confinement Instead of using force Use of force Legally acceptable in 5 situations o 1 Self defense o 2 Defense of third persons o 3 Upholding prison rules o 4 Prevention of crime o 5 Prevention of escape Indiana super max prison house most dangerous criminals Video Subculture Homicides other crimes in prison prisoners have nothing to lose Locked down for 23 5 hours a day Officers always expect an attack Violence in prison Officer institution Inmate o Yearly inmates assault more than 18 000 staff members o Correctional officers do not carry weapons within the o Each year about 34 000 inmates are physically attacked by other inmates o In 2002 48 assault victims died Five factors contribute to prison violence 1 Inadequate supervision by staff members 2 Architectural design that promotes rather than inhibits victimization 3 The easy availability of deadly weapons 4 The housing of violence prone prisoners near relatively defenseless people 5 A general high level of tension produced by close quarters Health issues On December 31 2006 there were more than 21 000 HIV positive inmates 1 9 of the prison population Top causes of inmate mortality o Natural death o Suicide o AIDS Average cost of health care 2 500 Elderly prisoners In 2007 US prisons held over 73 000 offenders over 55 years A number of states have created geriatric prisons Cost 69 000 per year triple the average cost for a younger inmate Reentry Within 3 years of release around 60 70 of violent offenders commit a crime again recidivism rate Key to efficiency reentering society Four basic mechanisms for people to be released from prison on exam page 381 382 in book Discretionary release o Good time o Can be earlier than good time credits o Administrative decisions o 22 Mandatory release o Confines of their sentence have finished o May have extra time under probation 10 etc o 39 Expiration release o Supervision expires completely o 19 Other conditional release not on exam Reentry
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