intro to cj ch 10 ppt

CJ2015James A. Fagin

Copyright © 2016 by Pearson Education, Inc.All Rights Reserved

Introduction to Criminal Justice,McKenzie Wood

Fagin, CJ2015

Chapter 10: Jails and Prisons

1



10.1

10.2

10.3

10.4

Summarize the development of early American corrections.

Identify some of the major challenges of the contemporary

correctional system.

Describe the purpose and types of jails.

Describe the state prison system and the classificationprocess.

Summarize the problems related to special populationsand racism.10.5

CHAPTER OUTCOMES



10.6

10.7

10.8

Describe the responsibilities and organization of the federal prison system.

Summarize the advantages and disadvantages of privateprisons.

Identify the challenges of prison life.

CHAPTER OUTCOMES



10.1 Summarize the development of early American corrections.

Learning ObjectiveAfter this lecture, you should be able to complete the following Learning Outcomes



The History of Sentencing10.1

• The first institutions for incarceration (the bodily confinement of a person in a jail or prison)of prisoners in Colonial America and the U.S. were local jails, which served primarily for detention prior to trial or execution rather than for punishment or rehabilitation of the criminal.

• Conditions in early jails were deplorable. Prisoners were responsible for providing their basic necessities of life with their own funds or with the help of outside benefactors.



The Walnut Street Jail10.1

In 1790, the Pennsylvania legislature passed a law calling for the renovation of the Walnut Street Jail in Philadelphia.

The reforms include:Humane physical facilityAdequate foodAdequate waterSeparating men, women, and childrenProhibited alcoholSeparating debtors and the mentally ill

Prisoners were required to work and were paid for labor, and early release could be earned for good behavior.



The Eastern State Penitentiary10.1

• The Eastern State Penitentiary (1829) was not designed as a jail or a prison, but as a penitentiary, a correctional institution based on the concept that inmates could change their criminality through reflection and penitence.

• Prisoners had individual cells and were required to learn a skill to help support themselves.

• Prisoners were kept in isolation from one another to avoid corrupting influences.

• A "silent system" was enforced which required prisoners to communicate only with guards or prison officials; communication with other prisoners was forbidden.



The Auburn System10.1

• Unlike the design of Eastern State Penitentiary, Auburn's design housed inmates in the center of the building without an outside window or exercise area.

• The cells stacked one on top of another created a unique prison architecture, called an inside cell block.

• Auburn's cells were only for sleeping, so during the day inmates were moved to other areas for work, dining, and recreation. This pattern is known as the congregate work system.



The Auburn System10.1

• Prisoners being moved from one location to another were required to march in lockstep formation.

• In 1821, the New York legislature passed a law requiring that the "worst inmates" held at Auburn be placed in solitary confinement, confining an inmate so that there is no contact with other people.

• Because inmates worked together in the Auburn system, the prison could combine their labor in larger and more profitable industries and construction projects.



Southern Penal Systems10.1

• The South retained an agrarian economy rather than an industry-based factory economy. Southern prisons practiced the convict lease system to supply farms with labor once provided by slaves.

• To prevent escapes when the prisoners worked in open areas, they were shackled together in what came to be known as the chain gang.

• The prison farm system is the use of inmate labor to maintain large, profit-making prison farms or plantations.

• The prison farm system replaced the convict lease system in the south.



10.2Identify some of the major challenges of the contemporary correctional system.




Challenges to the Correctional System10.2

The rising costof

incarceration

The rising costof

incarceration

Causes of the highestincarcerati

onrates in the

world

Causes of the highestincarcerati

onrates in the

world

Half of allincarcerated

are non-violent

offenders

Half of allincarcerated

are non-violent

offenders

Highest incarcerati

onrate In the

world

Highest incarcerati

onrate In the

world



The Rising Cost of Incarceration10.2

Three changes had a significant influence on the rising cost of incarceration:

1. Education and Rehabilitation Programs - The first change was the abandonment of Lombroso-based correctional philosophies that criminality is an inherited trait.




2. Restrictions on Prison-Made Goods and Services - During the Great Depression, the federal government and many states passed laws prohibiting the sale of convict-made products and services, which competed with local businesses on the open market.




3. Recognition of Prisoner Rights - the abandonment of the philosophy of civil death (the legal philosophy that barred a prison inmate from bringing a lawsuit in a civil court related to his or her treatment while incarcerated or related to conditions of incarceration) for incarcerated inmates resulted in significant increases in the cost of incarceration.



The Warren Court10.2

The U.S. Supreme Court years (1953–1969) during which Chief Justice Earl Warren issued many landmark decisions greatly expanding the constitutional rights of inmates and defendants.



10.3 Describe the purpose and types of jails.




Short-Term Facilities10.3

Jails Short-term

holdingfacilities

Jails Short-term

holdingfacilities



Jails10.3

• Jails are short-term multipurpose holding facilities that serve as the gateway into the criminal justice system.

• All states except Connecticut, Delaware, Hawaii, Rhode Island, and Vermont operate local jails, but these five states have a combined jail–prison system operated by the state.



Jails10.3

•Jails not operated by a sheriff 's office are managed by a county department of corrections employing only civilian personnel. Sheriffs' departments and county departments of corrections otherwise perform the same jail functions.

•Municipal jails should not be confused with police holding cells, booking cells, or lockup facilities. Nearly all police departments have secure detention facilities that may look like jail cells.



Functions of Locally Operated Jails10.3

• Receive individuals pending arraignment and hold them until trial, conviction, or sentencing

• Readmit probation, parole, and bail-bond violators and absconders

• Temporarily detain juveniles pending transfer to juvenile authorities

• Hold people with mental illness pending their movement to appropriate health facilities

• Hold individuals for the military, for protective custody, for contempt, and for the courts as witnesses

• Release convicted inmates to the community upon completion of sentence



Functions of Locally Operated Jails10.3

• Transfer inmates to federal, state, and other authorities

• House inmates for federal, state, or other authorities because of crowded facilities

• Relinquish custody of temporary detainees to juvenile and medical authorities

• Operate community-based programs with day reporting, home detention, electronic monitoring, and other types of supervision

• Hold inmates sentenced to short terms (generally a maximum of one year, but most sentences are much shorter)



10.4 Describe the state prison system and the classification process.




State Prisons10.4

• Unlike jails, state prisons are correctional institutions containing only convicted offenders, usually felony inmates sentenced to prison as punishment for a crime.

• State prisons do not house pre- and post-trial detainees.

• Each state operates its own correctional system, and these systems differ significantly from state to state.



State Prisons10.4

•In the early nineteenth century, most states built one large prison to house all state inmates.

•Today, states have numerous prisons within their jurisdiction and distribute inmates among them according to a system of prisoner classification.



Prison Classification System10.4

• Prisoner classification is the reception and diagnosis of an inmate to decide the appropriate security level in which to place him or her and the services of placement.

• This process of prisoner classification , performed in a specially designated facility, is commonly known as reception and diagnosis.



Prison Classification System10.4

At the state's reception and diagnosis facility, the classification process includes:

• Identification of the inmate• Examination of the inmate's criminal record• Evaluation of the inmate's mental capacity and

psychological stability• Assessment of other factors that may influence his

or her assignment (for example, gang membership, age, and educational achievement)



Prison Consultants10.4

Private people who give convicted defendants advice and counsel on how best to present themselves during classification and how to behave in prison.



Reasons for a Change in Classification10.4



10.5 Summarize the problems related to special populations and racism.




Prison Populations10.5

General Population

The nonrestricted population of prison inmates who have access to prison services, inmate

interactions, programs, and

recreation

Special Population

Inmates with characteristics that

may result in significant risks to themselves, other inmates, or staff

vs.



Mental Stability Issues10.5

WomenWomenGangaffiliation

GangaffiliationAgeAgeLifestyleLifestyle

Equality ofmale vs. female

Equality ofmale vs. female

Health issuesfor women

Health issuesfor women VictimizationVictimization

Dependantchildren &

broken families

Dependantchildren &

broken families



Institutional Racism and Incarceration10.5

• An indicator of the criminal justice system's discrimination against minorities is the ratio of minorities to whites in prison.

• Incarceration rates demonstrate that there is a disproportionate confinement rate for minorities.

• One of the effects of the high likelihood of incarceration for African-American men is their disenfranchisement from the political system.

• The District of Columbia and 46 states deprive felons of the right to vote while they are in prison.



10.6Describe the responsibilities and organization of the federal prison system.




Federal Bureau of Prisons10.6

• The Federal Bureau of Prisons (BOP) is the agency responsible for the administrative oversight of federal prisons and jails.

• As the federal prison population exploded, overcrowding became a serious problem, so it was necessary to construct new federal prisons. Today there are over 100 federal prisons.

• Federal prisons range from the (ADX) administrative-maximum prison (considered the highest level and escape-proof) in Florence, Colorado, to minimum-security federal prison camps.



Built in 1934, the most violent and highest security-risk inmates were then transferred from the various federal prisons to Alcatraz, a maximum-security prison without any rehabilitation, educational, or treatment programs.

Alcatraz Prison10.6



10.7 Summarize the advantages and disadvantages of private prisons.




Private Prisons10.7

• A trend in corrections has been the privatization of jails and prisons.

• The primary reason given for housing prisoners in private facilities is to reduce costs (both to run the facility and up front costs to build them).

• Private prisons are prisons that house local, state, or federal inmates for a fee.



Criticisms of Privatization10.7

1.No actual cost savings – Some studies have shown the savings as little as 3 cents per day, but when other factors are taken into account, private prisons may actually cost more per inmate compared to state prisons.

2.Detriments to the surrounding community - They often are criticized as being detrimental to low-income communities, where most private prisons are located.



Criticisms of Privatization10.7

3. State liability for violation of inmates' constitutional rights and the abuse of inmates while housed in a private prison.

4. Escaped prisoners - Some question the ability of private prisons to prevent escapes due to cost-cutting measures.

5. Training and Supervision – Since private prisons emphasize cost savings, many question the quality of supervision and training of private prison personnel.



10.8 Identify the challenges of prison life.




Prison Gangs10.8

• Today, prison gangs, known as special threat or security-risk groups, are a serious problem.

• Prison gangs pose special security risks and create a higher risk of violence because gang codes of conduct discourage obedience to prison rules and gangs frequently are involved in trafficking of prison contraband (smuggled goods, such as drugs, cigarettes, money, and pornography) and protection.

• Many inmates join a gang for protection, so an unintended consequence of longer prison terms has been an increase in gang affiliation.



Sexual Violence in Prisons10.8

• Sexual violence in prison has become a national concern.

• Inmate lawsuits claim that prison officials turn a blind eye to sexual violence in prison.

• President George W. Bush signed into law the Prison Rape Elimination Act of 2003 (P.L. 108-79) which requires the BJS to develop new national data collections on the incidence and prevalence of sexual violence in correctional facilities.

• Since the inception of the Prison Rape Elimination Act, the BJS continues to issue annual reports of sexual victimization in jails and prisons.



Physical Health Issues10.8

• The trend toward incarceration of offenders has created an unintended consequence: the creation of long-term health care obligations.

• The impact of this problem can be seen in the fact that the most common Section 1983 lawsuits (lawsuits filed in federal court alleging that the government has violated a constitutional right of the inmate) against jails and prisons involved claims of substandard medical treatment.



Physical Health Issues10.8

• High health care costs (HIV/AIDS, STDs, H1N1, and tuberculosis) have resulted in some states releasing prisoners early.

• Drug treatment programs for addicted inmates have also created a financial burden.



Mental Health Issues10.8

• Mental illness is pervasive in jails and prisons as a result of deinstitutionalization – the movement of mentally ill offenders from long-term hospitalization to community-based care.

• Mentally ill inmates are often unable to abide by prison rules and discipline.




• Total institutions are prisons that meet all of the inmate's basic needs, discourage individuality, punish dissent, and segregate those who do not follow the rules.

• Prison environments contribute to mental health problems.




As a consequence, the prison environment:

• Does not promote effective treatment of mentally ill offenders—even people without mental health problems become depressed and mentally ill when exposed to this environment.

• Encourages the development of prisonization—socialization into a distinct prison subculture with its own values, mores, norms, and sanctions.




• Prison code is the informal rules and expected behavior established by inmates.

• All prisoners are affected by prisonization, which is why most prisoners demonstrate maladaptive behaviors when they are returned to the community.



Conditions in early colonial American jails were shocking. Local jails had no obligation to provide food or medical treatment for prisoners. The first

state prison, Eastern State Penitentiary, was built in Pennsylvania in 1829. This single-cell plan utilizing

the solitary confinement system became too expensive as prison populations increased over time. Eventually, New York's Auburn system served as the

model for new prisons, with its use of inside cell block construction.

Today, prison costs are one of the fastest-rising expenses in state governments. Given rising inmate

costs, some states are turning to community corrections programs as an alternative to institutional

incarceration.

10.1

10.2

CHAPTER SUMMARY



Jails hold local, state, and federal pre- and post-trial defendants. The majority of inmates in local jails have not been convicted of a crime. They are waiting to be charged, tried, or transported to prison. Typically, the

sheriff maintains the county jail, while local police maintain a separate municipal jail.

10.3

CHAPTER SUMMARY

State prisons are correctional institutions housing only convicted felons. Before incarceration in prison, an inmate undergoes an examination and assessment to determine his or her assignment to a specific facility. The inmate's

length of sentence, seriousness of offense, and past criminal record are weighed in determining in which

facility the inmate will be placed initially.

10.4



An inmate's unsuitability for general population might be based on age, mental illness, depression, or other health

conditions. Gang affiliation also is an important consideration in determining where to house a prisoner, as gang members placed together pose a security risk.

Another area of concern is the rising rate of female offenders being incarcerated. Finally, incarceration rates

clearly demonstrate that there is a disproportionate confinement rate of minorities.

10.5

Today, over 100 federal correctional facilities throughout the United States are operated by the Federal Bureau of Prisons (BOP). Federal prison security levels range from

minimum-security federal prison camps to administrative-maximum. In addition, members of the armed services who

are convicted under the Uniform Code of Military Justice are sent to federal military prisons.

10.6

CHAPTER SUMMARY



The main reason for housing prisoners in private facilities is to reduce the government's costs of

incarceration. Critics of for-profit prisons claim that these services do not provide the same quality of care and supervision or the same educational, recreational,

and rehabilitative services as do public-run prisons.

Some of the major challenges for correctional authorities include reducing sexual violence, reducing the security risks associated with prison gangs, and

providing for both physical and mental health. Prison environments are total institutions, where inmates

have little responsibility, do not have to make decisions, and do not have to engage in problem-

solving. Consequently, the prison environment creates a subculture for inmates in which the rules of conduct are discernibly different from the rules of conduct for

society in general. As a result of this environment, recidivism rates for those released from jail or prison

have been high.

10.7

10.8

CHAPTER SUMMARY

intro to cj ch 10 ppt

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state prison system

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