behind bars: life of an inmate © 2002 wadsworth publishing co. chapter 14 introduction to criminal...

Behind Bars: Life of an Inmate

Behind Bars: Life of an Inmate

© 2002 Wadsworth Publishing Co.

Chapter 14Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Chapter 14Introduction to Criminal Justice 2003:

A Microsoft® PowerPoint® Tool

Slides prepared by:Larry Bassi

SUNY Brockport

Principle of Least EligibilityPrinciple of Least Eligibility

The least advantagedmembers of outsidesociety should lead abetter existence than

any person livingin jail orprison

The least advantagedmembers of outsidesociety should lead abetter existence than

any person livingin jail orprison

Total InstitutionsTotal Institutions

Irving Goffman, (from Asylums, 1961)...

Large places or residences where like-situated individuals live cut off

from the wider society. Total institutions were thought to be regimented and dehumanizing.

Irving Goffman, (from Asylums, 1961)...

Large places or residences where like-situated individuals live cut off

from the wider society. Total institutions were thought to be regimented and dehumanizing.

Prison SlangPrison Slang

Prison SocietyPrison Society• Indigenous Theory

The nature of the prison shapes the nature of prison society

• Importation TheoryThe nature of prison is determined by outside criminal and conventional cultures

Prisoner PersonalitiesPrisoner Personalities

The ThiefThe Thief

The ConvictThe Convict

The SquareThe Square

Doing Time and GleaningDoing Time and Gleaning

Doing Time: follow the rulesto get out quicklyDoing Time: follow the rulesto get out quickly

Gleaning: working to improveone’s self for return to society

Gleaning: working to improveone’s self for return to society

Adapting to PrisonAdapting to Prison

JailingIdentifying with prisonlife - making it part of

one’s own identity

JailingIdentifying with prisonlife - making it part of

one’s own identity

“Disorganized” Prisoners“Disorganized” Prisoners

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Those who have mental impairmentsor low IQ and are therefore unable

to adapt to prison culture

Those who have mental impairmentsor low IQ and are therefore unable

to adapt to prison culture

The Inmate CodeThe Inmate Code

Reasons for Violent Behavior in Prison

Reasons for Violent Behavior in Prison

Protect one’s self from being a

target

Obtain sexualrelief

Enhance one’sown self image

Separate the powerful

from the weak

Obtain materialgoods through

extortion orrobbery

Deprivation Model ofPrison Violence

Deprivation Model ofPrison Violence

The stressful and oppressive conditions of prison life lead to

aggressive behavior on the part of inmates. As conditionsworsen, inmate conflict often

increases.

Inmate ConflictInmate Conflict

• Inmate violence (inmate against inmate)• Homosexual rape• Non-sexual assault (shake down)• Prison riots (90% of all riots have taken place

since 1952)

• Inmate violence (inmate against inmate)• Homosexual rape• Non-sexual assault (shake down)• Prison riots (90% of all riots have taken place

since 1952)

Prison GangsPrison Gangs

• Gang violence in prison wasinformally controlled prior to 1960s

• 80 - 90 % of prisoners in someprisons belong to a gang

• Gang initiated robbery, assault, rape and murder consolidated black and white gangs

• Some gangs’ influence may extend beyondthe institution

• Spread of prison gangs to the street, and street gangs to the prison have blurred the lines between them

• Gang violence in prison wasinformally controlled prior to 1960s

• 80 - 90 % of prisoners in someprisons belong to a gang

• Gang initiated robbery, assault, rape and murder consolidated black and white gangs

• Some gangs’ influence may extend beyondthe institution

• Spread of prison gangs to the street, and street gangs to the prison have blurred the lines between them

Two perspectives: Guards on Cons

Two perspectives: Guards on Cons

[My job is to] protect, feed and try to educate scum who raped and brutalized women and children…who, if I turn my back, will go into their cell, wrap a blanket around their cellmate’s legs, and threaten to beat or rape him if he doesn’t give sex, carry contraband, or fork over radios, money, or other goods willingly. And they’ll stick a shank in me tomorrow if they think they can get away with it.

[My job is to] protect, feed and try to educate scum who raped and brutalized women and children…who, if I turn my back, will go into their cell, wrap a blanket around their cellmate’s legs, and threaten to beat or rape him if he doesn’t give sex, carry contraband, or fork over radios, money, or other goods willingly. And they’ll stick a shank in me tomorrow if they think they can get away with it.

Two Perspectives: Cons on Guards

Two Perspectives: Cons on Guards

The pigs in the state and federal prisons…treat me so violently, I cannot possibly imagine a time I could ever have anything but the deepest, aching, searing hatred for them. I can’t begin to tell you what they do to me. If I were weaker by a hair, they would destroy me.

The pigs in the state and federal prisons…treat me so violently, I cannot possibly imagine a time I could ever have anything but the deepest, aching, searing hatred for them. I can’t begin to tell you what they do to me. If I were weaker by a hair, they would destroy me.

Correctional OfficerJob Categories

Correctional OfficerJob Categories

Block officersBlock officers

Industrial shop andschool supervisorsIndustrial shop andschool supervisors

Those withAdministrative

Assignments

Those withAdministrative

Assignments

Yard OfficersYard Officers Tower GuardsTower Guards

Use of Force GuidelinesUse of Force Guidelines

Hands-off DoctrineHands-off Doctrine Prior to 1964 (Cooper v. Pate), this principle held that the law did not accompany prisoners inside the prison; it left them at the prison gate. Prison conditions and prison society were matters properly left wholly toadministrative discretion; they were not thecourt’s business..

Prior to 1964 (Cooper v. Pate), this principle held that the law did not accompany prisoners inside the prison; it left them at the prison gate. Prison conditions and prison society were matters properly left wholly toadministrative discretion; they were not thecourt’s business..

“Hands-On” Approach“Hands-On” Approach

Since 1964 the Supreme Court declared the following basic due process procedures where in effect when disciplinary procedures were applied:– A fair hearing– Written notice of the hearing 24– Opportunity to speak at the hearing– Opportunity to call witnesses– A written statement detailing the final decision and the

reasons for that decision

Since 1964 the Supreme Court declared the following basic due process procedures where in effect when disciplinary procedures were applied:– A fair hearing– Written notice of the hearing 24– Opportunity to speak at the hearing– Opportunity to call witnesses– A written statement detailing the final decision and the

reasons for that decision

The Supreme Court in the 1970s: Expanding Prisoners’ Rights

The Supreme Court in the 1970s: Expanding Prisoners’ Rights

Prisoners’ Rights:Access to the Courts

Prisoners’ Rights:Access to the Courts

• Right to challenge aspects of their confinement.

• Access to an attorney.• Right to a jail house lawyer.• Access to law libraries and

transcripts of their cases.

Disciplinary Due ProcessDisciplinary Due Process

Right to a written statement detailingthe final decisions and the reasons

for that decision

An opportunity to call witnesses

An opportunity to speak at thehearing

Written notice at least 24 hours inadvance of the hearing

A fair hearing

State-by-State Prison

Overcrowding

State-by-State Prison

Overcrowding

Strategies for ReducingPrison Overcrowding

Strategies for ReducingPrison Overcrowding

• Front DoorReducing number admitted, reduced sentences, more community corrections

• Front DoorReducing number admitted, reduced sentences, more community corrections

• Back DoorIncreasing the number released for “good time” and parole

• Back DoorIncreasing the number released for “good time” and parole

Increasing capacityBuilding new prisons and jails to

handle more prisoners

Strategies for Reducing Prison Overcrowding

Strategies for Reducing Prison Overcrowding

More Major Prison ProblemsMore Major Prison Problems

Need forNeed formore workmore work

opportunitiesopportunities

IncreasedIncreasedmedicalmedical

expensesexpenses

History of Prison WorkHistory of Prison Work

Contract Labor System

The system in which a correctional facility would sell inmate labor to a private employer, who would provide the inmates with the raw materials to produce goods for sale.

Contract Labor System

The system in which a correctional facility would sell inmate labor to a private employer, who would provide the inmates with the raw materials to produce goods for sale.

Lease SystemA variation of the contract

system in which the private employer not only oversaw inmate labor but also took responsibility for the food, shelter, and discipline of the inmate laborers.

Lease SystemA variation of the contract

system in which the private employer not only oversaw inmate labor but also took responsibility for the food, shelter, and discipline of the inmate laborers.

Modern Prison Work: The State Use System

Modern Prison Work: The State Use System

• Goods produced by prison labor in the state use system are purchased only by other state institutions and never enter the free market.

• Goods produced by prison labor in the state use system are purchased only by other state institutions and never enter the free market.

Items Produced by Prison LaborItems Produced by Prison Labor

Conceptual Foundationsof Parole

Conceptual Foundationsof Parole

GraceContract of Consent

Custody

GraceContract of Consent

Custody

Parole EligibilityParole Eligibility

• Supreme Court has ruled parole is a privilege not a right

• States determine eligibility dates:– Some are eligible when the minimum sentence is

served; others are eligible at one third of the maximum sentence; others use prior convictions and/or the crime for which an individual is incarcerated

Legal Requirements for ParoleLegal Requirements for Parole

How is Eligibility Determined?How is Eligibility Determined?

• Parole Guidelines

Risk assessment instruments based on the seriousness of the offense and the risk of the offender to public safety

• Salient Factor Score (SFS)

This is a number that states the probability that a parolee will succeed on parole

Advantages and Disadvantages of Parole Guidelines

Advantages and Disadvantages of Parole Guidelines

• Appearance of objectivity• They are fairer than no

guidelines• They are economical• They help release those

most likely to succeed

• Risk prediction is an imprecise science

• The degree of sophistication of the instruments does not improve predictions

• Guidelines can lead to more legal problems

Advantages Disadvantages Advantages Disadvantages

Duties of a Typical ParoleBoard

Duties of a Typical ParoleBoard

To determine whether or not parole privilegesshould be revoked when a violation of parole occurs.

To discharge the offender when the conditionsof parole have been met.

To determine the conditions of parole.

To decide which inmates should be given parole.

“Truth-in-sentencing”“Truth-in-sentencing”

• These law make more transparent the actual time that a convicted criminal will serve in jail or prison. The goals are:– to restore truth-in-sentencing process– to increase the percentage of a sentence that is

actually served– to better control the use of prison space

State Truth-in-Sentencing RequirementsState Truth-in-Sentencing Requirements

Standard Conditions of

Parole

Standard Conditions of

Parole

Halfway HousesHalfway Houses

Provide a transition placementbefore parole or expiration release.

Provide a transition placementbefore parole or expiration release.

Reasons for Parole RevocationReasons for Parole Revocation

• Arrest on serious criminal charges

• Repeated violations of conditions

• Abscond or cannot otherwise be found

• Abuse of alcohol or other drugs

• Carry weapons

Parole Revocation and Due Process

Parole Revocation and Due Process

In general, the exclusionary rule does not extend to parole

revocation hearings. Parolees do not have the same rights to

due process as does the average citizen.

Handicaps of Released Prisoners

Handicaps of Released Prisoners

• Long absence from family and friends.

• Legal and practical limits on employment.

• Suspiciousness and uneasiness of acquaintances.

• Strangeness of everyday living.

Does Parole Reduce Recidivism?

Does Parole Reduce Recidivism?

Sacks and Logan: “…parole had no preventive effects after two (or three) years following release. Parole seems to affect recidivism while the parolee is on parole…but these effects soon begin to dissipate and tend to disappear by the time parolees have finished two years in the community”