chapter 11 prison life, inmate rights, release, and recidivism

Chapter 11

Prison Life, Inmate Rights,

Release, and Recidivism

Inmate Society

In his classic book, Asylums, Erving Goffman described prisons as total institutions.

Although prisons are certainly influenced by the outside world, they are also separated and closed off from that world.

total institutionsAn institutional setting in which persons sharing some characteristics are cut off from the wider society and expected to live according to institutional rules and procedures.

Inmate SocietyCentral to the inmate society of traditional men’s prisons is the convict code.

convict codeA constellation of values, norms, and roles that regulate the way inmates interact with one another and with prison staff.

Inmate SocietyPrinciples of the convict code include:

• Inmates should mind their own affairs.

• Inmates should not inform the staff about the illicit activities of other prisoners.

• Inmates should be indifferent to staff.

• Conning and manipulation skills are valued.

prisonizationThe process by which an inmate becomes socialized into the customs and principles of the inmate society.

Violence and Victimization

It is generally agreed that there is more physical violence by inmates in today’s men’s prisons than there was in earlier periods.

Commonly cited reasons for high rates of prison violence include:• Improper management and classification practices

by staff

• High levels of crowding and competition over resources

• The young age of most inmates in many prisons

• Increases in racial tensions and prison gang activity

Violence and Victimization

Violence and VictimizationCommon motives for physical violence in prison are:

• To demonstrate power and dominance over others

• To retaliate against a perceived wrong, such as the failure of another inmate to pay a gambling debt

• To prevent the perpetrator from being victimized (for example, raped) in the future

Inmate Coping and AdjustmentLife in prison is different from living in the free community. Prison life includes:

• Pronounced deprivation of personal freedom and material goods

• Loss of privacy

• Competition for scarce resources

• Greater insecurity, stress, unpredictability

Inmate Coping and AdjustmentPrison life also encourages qualities counter to those required for functioning effectively in the free community, by:

• Discouraging personal responsibility and independence

• Creating excessive dependency on authority

• Diminishing personal control over life events

Life in Women’s PrisonsLife in women’s prisons is similar to life in men’s prisons in some respects, but there are also important differences.

• Women’s prisons are usually not characterized by the levels of violence, interpersonal conflict, and interracial tension found in men’s institutions.

• Women’s prisons are often less oppressive.

Life in Women’s PrisonsA distinguishing feature of the inmate society in many women’s prisons in the presence of make-believe families, known as pseudofamilies.

• Women adopt male and female family roles.

• Kinship ties cut across racial lines.

Inmate Rights and Prison Reform

Until the middle of the 20th century, the courts followed a hands-off philosophy toward prison matters.

As a consequence, prisoners essentially had no civil rights. With the growth of the civil rights movement in the 1960s, this changed.

Inmates can face disciplinary action for breaking prison rules. The U.S. Supreme Court has held that they are entitled to due process, including:

• A disciplinary hearing by an impartial body• 24 hours written notice of the charges

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Procedural Due Process in Prison

• A written statement of the evidence relied on and the reasons for the disciplinary action

• An opportunity to call witnesses and present documentary evidence, provided this does not jeopardize institutional security

Procedural Due Process in Prison

First Amendment - Free SpeechThe Supreme Court ruled that censorship (such as of a prisoner’s outgoing mail) is legal only if it furthers one or more of the following substantial government interests:

• Security

• Order

• Rehabilitation

Religious FreedomInmates are free to practice either conventional or unconventional religions in prison, and prison officials are obligated to provide accommodations.

• Restrictions may be imposed where prison officials can demonstrate convincingly that religious practices compromise security or are unreasonably expensive.

Eighth Amendment RightsThe Eighth Amendment outlaws the imposition of cruel and unusual punishment.

The courts have considered a number of issues under the umbrella of cruel and unusual punishment.

Medical CareIn 1976, the Supreme Court decided Estelle v. Gamble and ruled that inmates have a right to adequate medical care.

However, inmates claiming Eighth Amendment violations on medical grounds must demonstrate that prison officials have shown deliberate indifference to serious medical problems.

Total Prison ConditionsTotality-of-conditions cases involve claims that some combination of prison practices and conditions makes the prison, as a whole, unconstitutional.

• In the case of Ruiz v. Estelle, the entire Texas prison system was declared unconstitutional on grounds of totality of conditions and was ordered to implement a variety of changes.

Release and RecidivismInmates may be released from prison in a number of ways, including:

• Expiration of the maximum sentence

• Commutation

• Release at the discretion of a parole authority

• Mandatory release

commutationReduction of the original sentence given by executive authority, usually a state’s governor.

Release and RecidivismWhen inmates are released from correctional institutions, the hope is that they will not experience recidivism.

recidivismThe return to illegal activity after release.

Release and Recidivism

In one study, about 40% of released prisoners had been arrested again or had had their parole revoked.

Other studies have found recidivism rates as high as 75%.

Release and Recidivism

Lynne Goodstein demonstrated that the inmates who adjusted most successfully to prison had the most difficulty adjusting to life in the free community upon release.