history of punishment

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History of Punishment:

History of Punishment Poor laws – offenders made to do hard labor for their crimes Workhouse developed at Brideswell (1557) Convicted offenders pressed into sea duty as galley slaves Shortage of labor in European colonies prompted authorities to transport convicts overseas American Revolution ended transportation of felons to North America, but it continued in Australia and New Zealand

History of Punishment:

History of Punishment Use of capital punishment common in England during mid-18 th century Legal philosophers argued that physical punishment should be replaced by periods of confinement and incapacitation Jails and workhouses used to hold petty offenders, vagabonds, the homeless, and debtors By 1820, long periods of incarceration in reformatories (or penitentiaries) replaced physical punishment

Goals of Punishment:

Punishments reflect dominant values of particular moment in history Retribution Punish offenders in manner proportionate to the gravity of their crimes “An eye for an eye, a tooth for a tooth” Offenders punished because they deserve to be disciplined for their crimes Deterrence General – members of the general public, on observing the punishment of others, will conclude that the costs of crime outweigh the benefits Specific – targets the decisions and behavior of offenders who have already been convicted Goals of Punishment

Goals of Punishment:

Incapacitation – assumes society can keep an offender from committing further crimes by imprisonment or execution Selective incapacitation – targets offenders who repeat certain kinds of crimes Rehabilitation – restoring a convicted offender to a constructive place in society through some form of training or therapy Restorative justice – requires that convicted offenders pay back their victims for their loss, the justice system for the costs of processing their case, and society for any disruption they may have caused Goals of Punishment

Types of Criminal Sanctions:

Incarceration Most visible penalty imposed by U.S. courts Less than 30% of people under correctional supervision in prisons and jails Is expensive and creates problem of reintegrating offenders upon release Intermediate sanctions Less severe and costly than prison, but more restrictive than traditional probation Include fines, home confinement, intensive probation supervision, restitution, community service, boot camp, and forfeiture Types of Criminal Sanctions

Types of Criminal Sanctions:

Probation A sentence the offender serves in the community under supervision Nearly 60% of adults under correctional supervision are on probation Probation may be revoked if offender fails to meet conditions of probation or commits new crime Shock probation – offender released after period of incarceration (the “shock”) and resentenced to probation Death Approximately 20,000 confirmed executions In recent years, U.S. Supreme Court has limited death penalty to first-degree murder and only when aggravating circumstances are present Types of Criminal Sanctions

Capital Punishment:

Capital Punishment Used by 38 states and the federal government Approximately 3,500 people on death row 50% White, 40% African American, 10% Other 40 women 2/3 located in the South Lethal injection most common method of execution 120 countries have abolished death penalty in law or practice 76 countries have retained death penalty, but few actually execute prisoners In 2004, 97% of executions took place in China, Iran, Vietnam, and U.S.

Slide 8:

People under sentence of death and people executed

Slide 9:

Death Row Census, 2002

History of Corrections:

History of Corrections Corrections – programs, services, facilities, and organizations responsible for managing people accused or convicted of crime During the Enlightenment, questions arose about the nature of criminal behavior and methods of punishment Penitentiary Act of 1779 Prisons should be secure and sanitary Prisons should be regularly inspected Inmates should not be charged for basic services Prison administration should become professional

History of Corrections:

History of Corrections Physical punishments were most common criminal sanction Jails held people awaiting trial and people unable to pay their debts Such practices replaced by “modern” penal systems that emphasized fitting the punishment to the individual offender Use of imprisonment became common in 19 th century

The Pennsylvania System:

The Pennsylvania System Philadelphia Society for Alleviating the Miseries of Public Prisons (1787) Argued criminals should be placed in penitentiaries Brought humane and orderly treatment to penal system In 1790, converted wing of Walnut Street Jail into penitentiary for convicted felons First real penal institution in North America

Walnut Street Jail:

Walnut Street Jail

Walnut Street Jail:

Walnut Street Jail

The Pennsylvania System:

The Pennsylvania System Segregate system No vengeful treatment of prisoners, but hard suffering could change their lives Solitary confinement prevents corruption inside prison Offenders will reflect and repent while in isolation Solitary confinement is punishment Solitary confinement is economical

The Pennsylvania System:

The Pennsylvania System Western Penitentiary (1826) Eastern Penitentiary (1829) Penance through separate and solitary confinement Separate confinement declined because of overcrowding and was abolished in 1913

Slide 18:

Remodeled cell of Al Capone

The New York (Auburn) System:

The New York (Auburn) System Auburn Prison (1819) Congregate system Prisoners ate and worked together during the day, but were separated at night Worked under rule of silence Contract labor system Inmates’ labor was sold to private employers

Reformatory Movement:

Reformatory Movement Penitentiaries failed to achieve rehabilitation or deterrence National Prison Association (1870) Prisons should operate according to philosophy of inmate change Reformation rewarded by release Indeterminate sentences Elmira Reformatory (1876) Individualized work and education treatment programs Designed for first-time felons aged 16-30 Emphasized “mark” system of classification, indeterminate sentences, and parole

Rehabilitation Model:

Rehabilitation Model Emphasizes need to restore offender to constructive place in society Progressives pursued two main strategies Improving conditions that seemed to be breeding grounds for crime Rehabilitating individual offenders Often referred to as medical model Assumes criminal behavior is caused by biological conditions that require treatment Failed to achieve its goals and was discredited in 1970s

Other Models of Corrections:

Other Models of Corrections Community model Goal of reintegrating offender into community Help offenders find jobs and remain connected to families and community Crime control model Greater use of incarceration and other forms of strict supervision

Jails:

Jails Purpose To detain accused offenders who cannot make or are not eligible for bail To hold convicted offenders awaiting sentence To serve as secure confinement for offenders convicted of misdemeanors To hold probationers and parolees picked up for violations and awaiting hearing To house felons when state prisons are overcrowded Most have county-level jurisdiction Linear/intermittent surveillance model vs. new generation jails

Prisons:

Prisons “Supermax” prisons Inmates spend up to 23 hours a day in their cells Minimum-security Prisoners live in dormitories or small private rooms and have more personal freedom Medium-security Resembles maximum security prison, but prisoners have more privileges and contact with outside world Maximum-security Built like a fortress, usually surrounded by stone walls with guard towers designed to prevent escapes

Private Prisons:

Private Prisons “Prison commercial complex” Advocates claim they can provide same care at lower cost First private state prison opened in Marion, KY in 1986 Most private facilities concentrated in South and West Hold 6.5% of total adult inmate population

Prisoners’ Rights:

Prisoners’ Rights Cooper v. Pate (1964) Imposed civil liability on persons who deprive prisoners of their rights Inmates could challenge conditions of confinement Reasonableness of prison conditions and regulations Compelling state interest Least restrictive alternative Clear and present danger

First Amendment :

First Amendment Freedom of speech, press, assembly, petition, and religion Procunier v. Martinez (1974) – permits censorship of mail to maintain security Turner v. Safley (1987) – upheld ban on correspondence between inmates in different institutions Have upheld prisoners’ rights to meals consistent with religious dietary laws, to correspond with religious leaders, to possess religious literature, and to assemble for services

Fourth Amendment:

Fourth Amendment Prohibits unreasonable searches and seizures Typically not extended to prisoners Hudson v. Palmer (1984) – upheld right of prison officials to search cells and confiscate materials

Eighth Amendment:

Eighth Amendment Prohibits cruel and unusual punishment Chapman v. Rhodes (1977) – crowding alone does not constitute cruel and unusual punishment Tests to determine whether conditions are unconstitutional Whether punishment shocks the conscience of civilized society Whether punishment is unnecessarily cruel Whether punishment goes beyond legitimate penal aims

Fourteenth Amendment:

Fourteenth Amendment No state may deprive citizen of life, liberty, or property without due process of law Due process Wolff v. McDonnell (1974) – basic procedural rights must be present when decisions are made about disciplining of inmates Equal protection Lee v. Washington (1968) – racial discrimination may not be official policy with prison walls Pargo v. Elliott (1995) – identical treatment not required for men and women

Exam 3:

Exam 3

Exam 3 – flowchart extra credit:

Exam 3 – flowchart extra credit

Introduction:

Introduction “Big houses” common during first half of 20 th century Walled prison with large, tiered cell blocks, a yard, shops, and industrial workshops Isolated from society During 1960s and 1970s, rehabilitation model prevailed Built new prisons and converted others into correctional institutions Treatment programs become a major part of prison life Focus of corrections has shifted to crime control Emphasizes importance of incarceration

Models of Incarceration:

Models of Incarceration Custodial Emphasizes security, discipline, and order Rehabilitation Security and housekeeping Reintegration Maintaining offenders’ ties to family and community

Prison Organization:

Prison Organization Fulfill goals related to keeping inmates, using them for labor, and serving them through treatment Individual staff members not equipped to perform all functions Custodial employees are most numerous All employees responsible to warden

What quality of life should be maintained in prison?:

What quality of life should be maintained in prison? Order Absence of misconduct that threatens safety of others Amenities Anything that enhances comfort of inmates Service Programs designed to improve lives of inmates

Factors that Distinguish Prisons from Other Public Institutions:

Factors that Distinguish Prisons from Other Public Institutions Defects of total power Officers’ power limited because prisoners have little to lose by misbehaving Limitation on rewards and punishments officials can use Reward compliance and punish rule violators by granting and denying privileges Punishments do not represent great departure from prisoner’s usual circumstances Exchange relationships between officers and inmates Officials tolerate minor rule infractions in exchange for compliance with major aspects of custodial regime Strength of inmate leadership Helps maintain order and serves as communications link between staff and inmates

Inmate Characteristics:

Inmate Characteristics Men in their late 20s and early 30s Have less than a high school education Disproportionately members of minority groups Recidivists and those convicted of violent crimes

Slide 42:

Sociodemographic and Offense Characteristics of State Prison Inmates

The Nature of Convict Society:

The Nature of Convict Society Inmate code Norms and values of prison social system that define inmates’ ideas about the model prisoner Emphasizes masculinity and solidarity against staff Prisonization Process by which inmates come to learn and accept values and norms of inmate subculture Deprivation vs. importation

The Nature of Convict Society:

The Nature of Convict Society Importation theory Subcultures are products of identities established before imprisonment Prisons are “schools for crime” Deprivation theory Subcultures develop out of hardships suffered while incarcerated Pains of imprisonment

Adaptive Roles:

Adaptive Roles Doing time – view prison as brief, inevitable break in one’s criminal career Gleaning – take advantage of prison programs to improve future prospects Jailing – withdraw from outside world and construct new life within prison Disorganized criminal – cannot adjust to prison life (may develop emotional disorders, attempt suicide, and violate prison rules)

The Prison Economy:

The Prison Economy Have “store” where inmates may purchase items in exchange for credits drawn on their “bank accounts” Number of items prisoners can purchase/receive through legitimate channels has increased Informal, underground economy also exists Standard currency is cigarettes

Women in Prison:

Women in Prison Constitute 6.6% of entire US prison population Prisons are smaller, with looser security and less structured relationships Underground economy less well-developed Less committed to inmate code Many women’s prisons have outward appearance of a college campus Women are less likely to be sentenced for violent offenses and they receive shorter sentences than men Typically young, minority group members, unmarried, and undereducated

Slide 48:

Characteristics of Female Inmates in State Prisons

Women in Prison:

Women in Prison Female prisoners tend to form pseudo-families Female prisons less violent, less involved in gang activity, and less racial tension Higher levels of mistrust among women Males stress autonomy, self-sufficiency, and ability to cope with one’s own problems Differences between male and female subcultures ascribed to nurturing, maternal qualities of women

Women in Prison:

Women in Prison Sexual misconduct States have enacted statutes prohibiting sexual misconduct with correctional clients Educational and vocational training Gender stereotypes shape vocational programs Medical services Lack proper medical services, but women tend to have more serious health problems Mothers and their children Over 65% of female inmates have children

Violence in Prisons:

Violence in Prisons Annually, about 27,000 assaults by inmates and about 15,000 assaults against staff take place Prison violence results from Violence-prone inmates “Lower-class value system” Use of violence by correctional administrators Anonymity of large prisons Utility of violence in furthering inmate objectives

Violence in Prisons:

Violence in Prisons Division of violent offenders Those who have learned to be violent Those who cannot regulate their violence Those who are violent and have severe personality disorders Characteristics that underlie behavioral factors Age Attitudes Race

Sexual Assaults and Violence:

Sexual Assaults and Violence Stephen Donaldson Arrested for trespassing after participating in pray-in at White House President of Stop Prisoner Rape Prison Rape Elimination Act (2003) Provides for development of better information about nature and incidence of rape and sexual assault in prisons Provides funding to correctional authorities to reduce and control sexual violence in prisons Evidence regarding prevalence of sexual assault remains mixed

Prisoner-Prisoner Violence:

Prisoner-Prisoner Violence Most prison violence occurs between inmates Prison gangs Control drug, gambling, loan-sharking, prostitution, extortion, and debt-collecting rings Organized along racial lines and trace their roots to CA prison system “Rolling your bones” Protective custody May offer only way to escape further abuse

Violence in Prisons:

Violence in Prisons Prisoner-officer violence Occurs in specific situations against certain individuals Officers do not carry weapons, but prisoners manage to obtain them Officer-prisoner violence Unauthorized physical violence by officers against inmates Cannot always supervise officers’ interactions with inmates Prisoner complaints often ignored until officer gains reputation for harshness

Decreasing Prison Violence:

Decreasing Prison Violence Factors that contribute to prison violence Inadequate supervision Architectural design that promotes victimization Availability of deadly weapons Housing of violent prisoners near relatively defenseless people High level of tension produced by close quarters Physical size and condition of prison Role of management

Prison Programs:

Prison Programs Many educational and treatment programs accused of coddling inmates Help administrators deal with problem of time on prisoners’ hands Classification Committee evaluates inmate’s security level, treatment needs, work assignment, and readiness for release Often based on institution’s needs rather than those of inmates

Prison Programs:

Prison Programs Educational programs Programs that allow offenders to finish high school or obtain remedial help Comprehensive Crime Control Act of 1994 bans federal funding to prisoners for postsecondary education Prisoners assigned to education programs tend to avoid committing crimes after release Vocational education Designed to teach offenders marketable job skills Prisoners also learn how to act in a work world Some prison vocational programs train inmates for jobs they can never hold

Prison Programs:

Prison Programs Prison industries Teach work habits and skills that will assist prisoners’ reentry into outside workforce Many prisons contain manufacturing facilities that produce goods Inefficiencies of prison work offset its economic value Rehabilitative programs Seek to treat personal defects thought to have brought about inmate’s criminality Doubt that these programs reduce recidivism Medical services Most prisons offer medical services through full-time staff of nurses For special cases, prisoners transported to local hospitals Special needs due to poverty and aging

Prisoner Health Issues:

Prisoner Health Issues HIV/AIDS, hepatitis, tuberculosis, and venereal diseases overrepresented in prison populations Raises concerns because Prisoners in contact with staff who mingle with general public Most inmates return to free society Jurisdiction holding person in correctional facility must pay for health care Most inmates are asymptomatic Courts largely refuse to interfere with segregation and testing policies

Special Needs Offenders:

Special Needs Offenders Elderly prisoners Increasing in number Have medical and security needs that differ from those of average inmate More likely to develop chronic illnesses (e.g., heart disease, stroke, cancer) Costs of maintaining an elderly inmate are triple the average cost

Special Needs Offenders:

Special Needs Offenders Mentally ill prisoners Community treatment works only if they take their medication More mentally ill are in jail and prison than in state hospitals Some inmates benefit from regular medication in jail or prison, but others suffer from stress of confinement

Corrections Officers:

Corrections Officers Formerly viewed as ruthless people who enjoyed positions of power, fought rehabilitation efforts, and were racist Are now viewed as public servants seeking security and financial rewards of civil service position Officer’s attitude toward inmates predicts the nature of his/her experiences, which further reinforces that attitude Officers who are fearful for their safety are authoritarian and punitive Nonfearful officers are more flexible and can treat inmates as near equals

Corrections Officers:

Corrections Officers Must deal with clients impersonally and follow formal procedures Expected to counsel, supervise, protect, and process inmates under their care Problems recruiting and retaining high-quality staff Burnout

Corrections Officers:

Corrections Officers 34% are members of minority groups and 22% are women Presence of women believed to normalize sex-segregated prison environment and encourage self-control Dothard v. Rawlinson (1977)

Corrections Officers:

Corrections Officers Corporal punishment and excessive force are not permitted Situations in which use of force is legally acceptable Self defense Defense of third persons Upholding prison rules Prevention of a crime Prevention of escapes

Slide 67:

Racial/Ethnic Composition of Correctional Officers and Inmates, Adult Systems, Nationwide

Introduction:

Introduction Community sentences range from traditional probation to house arrest and placement in community correctional centers Build ties to family, employment, and other sources of stability and success Factors in support of community corrections Many offenders’ records and offenses are not serious enough for incarceration Community supervision is cheaper Rates of recidivism for those under community supervision are no higher Ex-inmates require support and supervision as they try to remake their lives

Probation:

Probation Refers to A sentence to supervision in the community An organization that supervises persons with such sentences The process by which offenders are supervised while free in the community No legal right to probation A form of conditional release into the community Offender must obey conditions imposed by court in order to remain free

Probation:

Probation Can be combined with other sanctions (e.g., fines, restitution, community service) Conditions of probation Standard conditions Special conditions Treatment orientation Probation officers refer to people they supervise as “clients” rather than as “offenders” or “convicts”

Revocation/Termination of Probation:

Revocation/Termination of Probation Probation ends in one of two ways Person successfully completes probation Probationary status revoked 1 in 10 probationers classified as absconder Revocation hearing

Origins of Probation:

Origins of Probation Traces back to traditions of English common law Judicial reprieve Recognizance John Augustus Originated modern probation concept Private citizen who supervised offenders released into his custody MA developed first statewide probation system (1880)

Evolution of Probation:

Began as humanitarian effort to allow first-time and minor offenders a second chance 1920s – shifted from emphasis on moral leadership to therapeutic counseling Officer no longer community supervisor charged with enforcing particular morality Officer became more of a clinical social worker Offender expected to become actively involved in treatment 1960s – rather than counseling offenders, provided concrete social services 1970s – emphasis on risk management, which seeks to minimize probability that offender will commit new offense Punishment should fit the offense Amount and type of supervision are determined according to risk Evolution of Probation

Administration of Probation Services:

Administration of Probation Services Probation officers assist judiciary with presentence investigations, supervise clients, and act as social workers Caseload pressures National average for adult supervision is about 150 cases Officers have developed methods of classifying clients Service needs Risk to the community Chance of re-offending

Intermediate Sanctions:

Less restrictive than prison, but more restrictive than probation Include monetary sanctions, intensive probation supervision, home confinement, and boot camps Rising prison costs and desire for increased control of offenders fueled growth of intermediate sanctions Allow unique situation of each offender to be taken into account Intermediate Sanctions

Types of Intermediate Sanctions:

Fines – imposed for offenses ranging from traffic violations to felonies Used in conjunction with other sanctions Difficult to collect Day fines Restitution – seeks to repair harm done Monetary restitution vs. community service restitution Popular among judges, probation officers, and the public Forfeiture – government seizure of property or other assets derived from or used in criminal activity Austin v. United States (1993) Types of Intermediate Sanctions

Types of Intermediate Sanctions:

Home confinement – offender must remain at home during specific periods May be combined with other restrictions Offers flexibility Electronic monitoring Passive monitors Active monitors Community service – requires offender to perform a certain amount of unpaid labor in the community Can be tailored to skills & abilities of offenders Types of Intermediate Sanctions

Types of Intermediate Sanctions:

Day reporting centers Offender reports each day to carry out elements of sentence Ensures probationers follow employment and treatment stipulations attached to their sentence Incorporate multiple correctional methods Intensive supervision probation (ISP) – probation granted under conditions of strict reporting to probation officer Probation diversion Institutional diversion Types of Intermediate Sanctions

Types of Intermediate Sanctions:

Boot camp – puts offender through physical regimen designed to develop discipline and respect for authority Targets young offenders Studies find that graduates do no better after release than do other offenders Supporters argue that failure lies in lack of educational and employment opportunities in participant’s community Types of Intermediate Sanctions