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CRIMINAL JUSTICE TODAY, 10E © 2009 Pearson Education, Inc by Dr. Frank Schmalleger Pearson Prentice Hall

Upper Saddle River, NJ 07458 1

Prisons and Jails

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Early Punishments

Were often cruel and torturous: Generally fit the doctrine of lex talionis:

Law of retaliation “An eye for an eye”



Early Punishments

Early forms of punishment included:

Flogging Mutilation Branding Public humiliation Workhouses Exile



The Emergence of Prisons

It is unknown when the first prison was established. Punitive imprisonment noted in Europe in the Middle Ages. American prisons began in the late 1700s. Early confinement facilities stressed reformation over punishment.



Stages of Prison Development in the United States



The Penitentiary Era

1790--1825

Philadelphia Penitentiary (Walnut Street Jail) begun by Quakers for humane treatment of offenders.

Rehabilitation through penance (solitary confinement and Bible study).

Known as the “Pennsylvania System.”

Supporter: Ben Franklin



The Mass Prison Era

1825--1876

Auburn Prison (New York) featured group workshops and silence enforced by whipping and hard labor.

This Auburn system was the primary competitor to the Pennsylvania system.

Contamination-Could negatively influence one another.



The Reformatory Era

1876--1890

The reformatory style was based on the use of the indeterminate sentence. Elmira Reformatory attempted reform rather than punishment. Used a system of graded stages Gave way to the system of “parole.” Ultimately considered a failure, since recidivism was still a problem.



The Industrial Era1890--1935

Prisoners used for cheap labor in the era of the industrial prison. Six systems of inmate labor: contract system, piece-price system, lease system, public account system, state-use system, and public works system. Labor unions complained that they could not compete. The passage of the Hawes-Cooper Act and Ashurst- Sumners Act limited inmate labor. State-use philosophy. Federal Prison Industries.

Website: WVCI

http://www.wvcorrectionalindustries.com/index.php/



The Punitive Era

1935--1945

Characterized by belief that prisoners owed a debt to society.

Custody and institutional security the central values.

Few innovations.



The Treatment Era

1945--1967

Medical model suggested inmates were sick and needed treatment. Most treatments include individual or group therapy. Other forms of therapy include:

• Behavior therapy• Chemotherapy• Neurosurgery• Sensory deprivation• Aversion therapy



The Community-Based Era

1967--1980

Based on premise that rehabilitation cannot occur in isolation from the real world. Prisons considered dehumanizing. Led to innovations in the use of volunteers and the extension of inmate privileges. Programs include:

• Half-way houses• Work-release• Study-release



The Warehousing Era

1980--1995

Public and judicial disapproval of release programs and recidivism led to longer sentences with fewer releases. Nothing works doctrine Warehousing of serious offenders designed to protect society. Prison overcrowding became widespread. Greater emphasis on incarcerating non-violent drug offenders.



The Just Deserts Era

1995--present

Based on the justice model. Emphasis on individual responsibility and punishment. Imprisonment is a proper consequence of criminal and irresponsible behavior. Chain gangs, “three-strikes,” and reduced parole.

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2009 Pearson Education, Inc

State Prison Systems



Prisons Today: Numbers and Types of Prisons

Approximately 1,325 state prisons 84 federal prisonsOn January 1, 2007, state and federal prisons held 1,570,861 inmates. Seven percent of those imprisoned were women.



Prisons Today: Facility Size

The size of prisons vary. One out of every four prisons is a large, maximum-security prison house almost 1,000 inmates. The typical state prison is small. It costs about $62 a day per inmate. In 2003, it cost almost $67 billion to run the nation’s prisons and related programs.



Prisons Today: Typical System

1 high security 1 or more medium security 1 for adult women 1 or 2 for young adults 1 or two specialized mental hospital- type security prisons 1 or more open-type institutions

Website: WV DOC

The typical state prison system has:

http://www.wvdoc.com/wvdoc/



Overcrowded Prisons

Prison capacity—The size of the correctional population an institution can effectively hold. There are three types of prison capacity:

Rated Operational Design

Rhodes v. Chapman (1981)—Overcrowding is not by itself cruel and unusual punishment.

Overcrowding is a serious issue.



Selective Incapacitation

Selective incapacitation: Is a strategy to reduce prison population. Seeks to identify the most dangerous offenders and remove them from society. Is reflected by career offender statutes.



There are three security levels:1. Maximum2. Medium3. Minimum

The typical American prison is mediumor minimum custody.

Security Levels in State Prison Systems



Most maximum security institutions tend to be massive old buildings with a large inmatepopulation, including all death row inmates.

They provide a high level of security with: High fences/walls of concrete Several barriers between living area Secure cells Armed guards Gun towers

Maximum Security



Medium security prisons are similar in designto maximum security facilities; however, they:

Usually have more windows. Tend to have barbed wire fences instead of

large stone walls. Sometimes use dormitory style housing.

Medium Security



Medium security prisons allow prisoners morefreedom, such as:

Associating with other prisoners Going to the prison yard or exercise room Visiting the library Showering and using bathroom facilities with less supervision

An important security tool is the count. The process of counting inmates during the course of a day. Times are random, and all business stops until the count is verified.

Medium Security



In minimum security prisons: Housing tends to be dormitory style. Prisoners usually have freedom of movement within the facility. Work is done under general supervision only. Guards are unarmed, and gun towers do not exist. Fences, if they exist, are low and sometimes unlocked. “Counts” are usually not taken. Prisoners are sometimes allowed to wear their own clothes.

Minimum Security



Classification systems determine which custody levelto assign an inmate to. Assignments are based on:

Offense history Assessed dangerousness Perceived risk of escape Other factors

Inmates may move among the security levelsdepending on their behavior.

Internal classification systems determine placementand program assignment within an institution.

Prison Classification System



The Flow of Activities in Prison Classification Systems

Source: Adapted from Patricia L. Handyman et al. Internal Prison Classification Systems Case Studies in Their Development and Implementation (Washington, D.C.: National Institute of Corrections, 2002) p. 3

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The FederalPrison System



Federal Prison System

1895—Leavenworth, Kansas—First non- military federal prison opens.

1906—Second federal prison opens in Atlanta.

1927—Alderson, West Virginia—First federal prison for women.

1933—Springfield, Missouri—Medical Center for federal prisoners.

1934—Alcatraz begins operations.

History



Today’s federal prison system consists of: 103 institutions 6 regional offices The Central office (headquarters) 2 staff training centers 28 community corrections offices

At the start of 2006, the Federal Bureau of Prisons employed more than 35,000 people.

Website: Federal BOP

Today’s Federal Prison System

http://www.bop.gov/about/index.jsp



The Federal Bureau of Prisons (BOP)classifies its institutions according to fivesecurity levels.

1. Administrative maximum (ADMAX)2. High security (U.S. penitentiaries)3. Medium security (federal correctional institutions)4. Low security (federal correctional institutions)5. Minimum security (federal prison camps)

Additionally, there are administrative facilities,like metropolitan detention centers (MDCs) andmedical centers for federal prisoners (MDFPs).

Federal Prison System



Federal Prison System: Administrative Facilities

The federal prison system’s administrative facilities are institutions with special missions.

Metropolitan Detention Centers (MDCs)

Generally located in large cities, close to federal courthouses Hold inmates awaiting trial (like jails)

Medical Centers for Federal Prisoners (MCFP)



Federal correctional facilities exist either assingle institutions or as federal correctionalcomplexes (FCCs)—sites consisting of more thanone type of correctional institution.

Example: FCC at Allenwood, PA. (consists of one U.S. penitentiary and two federal correctional institutions (one low and one medium security).

Federal Correctional Complexes



Administrative Maximum (ADMAX)

In 1995, the federal government opened its one and only ADMAX prison:

Ultra-high security 575 bed capacity Inmates confined to cells 23 hours per day Inmates cannot associate with one another Only toughest 1% of federal prison population is confined there Holds mob bosses, spies, terrorists murderers, escape artists, etc.



Improvements

Improvements to our nations prisons can be found in:

Accreditation by the American Correctional Association’s (ACA) Training though the National Academy of Corrections

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Jails



Jails—Locally operated, short-term confinement facilities.

Original purpose—confinement of suspects following arrest and awaiting trial. Current use—confinement of those convicted of misdemeanors and some felonies, as well as holding suspects following arrest and awaiting trial.

Jails



Jails

Annually, 20 million people go to jail. A 2007 report by the Bureau of Justice Statistics found that the nation’s jails held 766,010 inmates.

12.9% women4,836 juveniles >50% of inmates are serving sentences there

Jail authorities supervised another 60,222 inmates under certain community-based programs.



Jails

There are 3,365 jails in the U.S. Most jails are small, designed to hold 50 or fewer inmates. Some jails are very big, like “mega-jails” in LA and NYC. In 2006, the 50 largest jails held almost 30% of all jail inmates.

There are 207,600 correctional officers. 3/1 inmate/staff ratio

The average cost to jail a person for a year is $14,500.



A new jail architecture andmanagement strategy is called directsupervision. These jails:

Use a system of pods or modular self-contained housing areas Have a more open environment, using Plexiglas instead of thick walls to separate areas Use softer furniture May use “rooms” instead of cells

Direct Supervision Jails



Direct supervision jails Reduce inmate dissatisfaction Deter rape and violence Decrease suicide and escape attempts Eliminate barriers to staff-inmate interaction Give staff greater control Improve staff morale Reduce lawsuits

Benefits of Direct Supervision Jails



National efforts are underway toimprove quality of jail life by:

Adding critical programs for inmates Increasing jail industries Jail “boot camps” Creating regional jails Implementing jail standards

Future of Jails

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