Introduction to Introduction to Criminal JusticeCriminal Justice

Institutional Corrections,Institutional Corrections,Prison Life, Inmate Rights,Prison Life, Inmate Rights,Release, and RecidivismRelease, and Recidivism

Chapter Ten and ElevenChapter Ten and Eleven

Bohm and HaleyBohm and Haley

QuestionsQuestions

The United States has the highestThe United States has the highest

rate of incarceration in the world.rate of incarceration in the world.

What does this mean?What does this mean?

Does the United States have a moreDoes the United States have a more

serious crime problem than most other nations? serious crime problem than most other nations?

Explain.Explain.

Cost EstimatesCost Estimates

• Total spending on Total spending on state and federal prisonsstate and federal prisons in fiscal in fiscal year 2003 was budgeted at $36 billion.year 2003 was budgeted at $36 billion.

• The average daily cost of incarceration per inmate The average daily cost of incarceration per inmate in 2003 was $64.00 ($23,360.00 per inmate per in 2003 was $64.00 ($23,360.00 per inmate per year).year).

For For local jailslocal jails, the average amount budgeted in , the average amount budgeted in fiscal year 2000 was approximately $36 million per fiscal year 2000 was approximately $36 million per jail.jail.

The overall average 2000 cost per jail inmate was The overall average 2000 cost per jail inmate was $58.64 per day (or $21,403,60 per year).$58.64 per day (or $21,403,60 per year).

Prison Inmate CharacteristicsPrison Inmate Characteristics

88% of prisoners in the United States88% of prisoners in the United Statesare in state prisons; 12% are in federal prisons.are in state prisons; 12% are in federal prisons.

The largest proportion of The largest proportion of statestate prisoners are: prisoners are:

Male: approximately 93% of prison populationMale: approximately 93% of prison population

Black: approximately 41% of prison populationBlack: approximately 41% of prison population

Have not completed high schoolHave not completed high school

Under age 35Under age 35

Have never marriedHave never married

Were employed full-time prior to their arrestWere employed full-time prior to their arrest

Had relatively low monthly incomesHad relatively low monthly incomes

Prison Inmate CharacteristicsPrison Inmate Characteristics

In 2002, the prison population wasIn 2002, the prison population was

characterized as follows:characterized as follows:

50.5% were serving sentences for violent offenses50.5% were serving sentences for violent offenses

20.4% for property offenses20.4% for property offenses

21.4% for drug offenses21.4% for drug offenses

The remainder for public order offensesThe remainder for public order offenses

Incarceration FacilitiesIncarceration Facilities

The organizational and administrative structure The organizational and administrative structure

of institutional corrections is of institutional corrections is diffuse and decentralizeddiffuse and decentralized..

Primary administrative responsibility lies with the Primary administrative responsibility lies with the executive branchexecutive branch..

LegislaturesLegislatures appropriate resources and pass statutes appropriate resources and pass statutes that affect sentencing.that affect sentencing.

The The judicial branchjudicial branch sentences offenders and oversees sentences offenders and oversees the legality of institutional practices.the legality of institutional practices.

Organization and Administration Organization and Administration by Governmentby Government

Federal institutionsFederal institutions are administered by are administered bythe Federal Bureau of Prisons (BOP), the Federal Bureau of Prisons (BOP),

which was established within the which was established within the U.S. Justice Department in 1930.U.S. Justice Department in 1930.

Each stateEach state has a department of corrections has a department of corrections or a similar administrative body or a similar administrative body

to coordinate the various adult prisons in the state.to coordinate the various adult prisons in the state.

Most adult prisons employ a quasi-military model Most adult prisons employ a quasi-military model of administration and management.of administration and management.

Classification and Other Classification and Other Special FacilitiesSpecial Facilities

Most prisoners are initially sent to aMost prisoners are initially sent to a

classification facility.classification facility.

A facility to which newly sentenced offenders are taken so that their

security risks and needs can be assessed and they can be assigned to a

permanent institution.

Classification Facility

Classification and Other Classification and Other Special FacilitiesSpecial Facilities

The decision of where to place an offender The decision of where to place an offender rests on a variety of factors: rests on a variety of factors:

The offender’s security riskThe offender’s security risk

Program services the offender needs, such as counselingProgram services the offender needs, such as counseling

Any problems such as alcohol dependencyAny problems such as alcohol dependency

The nature of the offenseThe nature of the offense

The offender’s prior record, propensity toward violence and The offender’s prior record, propensity toward violence and escape, and vulnerability to victimization by other inmatesescape, and vulnerability to victimization by other inmates

Programs offered at the state’s institutions, and the related Programs offered at the state’s institutions, and the related crowding levelscrowding levels

Men’s PrisonsMen’s Prisons

The general type of men’s prisonsThe general type of men’s prisonsare often distinguished by security level.are often distinguished by security level.

Security LevelSecurity Level

A designation applied to a facility to describeA designation applied to a facility to describethe measures taken, both inside and outside,the measures taken, both inside and outside,

to preserve security and custody.to preserve security and custody.

Men’s PrisonsMen’s Prisons

As of January 2004, there were 1,041 As of January 2004, there were 1,041 correctional facilities in operation across correctional facilities in operation across the United States. The simplest security the United States. The simplest security level categorization is:level categorization is:

maximummaximum mediummedium minimumminimum

Men’s PrisonsMen’s Prisons

A recent development is theA recent development is the““ultramaximumultramaximum” or “” or “supermaximum-supermaximum-

securitysecurity” ” prison to house notorious offenders prison to house notorious offenders

and problem inmates from other and problem inmates from other institutions.institutions.

These institutions utilize:These institutions utilize:

– Total isolation of inmatesTotal isolation of inmates

– Constant lockdownsConstant lockdowns

Custody LevelCustody Level

The classification assigned to an inmateThe classification assigned to an inmate

to indicate the degree of precaution to indicate the degree of precaution

that needs to be taken that needs to be taken

when working with that inmate.when working with that inmate.

Women’s PrisonsWomen’s Prisons

Women make up about 7% of the prison population, Women make up about 7% of the prison population, but the incarceration rate for women but the incarceration rate for women

has grown faster than the incarceration rate for men.has grown faster than the incarceration rate for men.

A greater proportion of women than men are serving A greater proportion of women than men are serving sentences for property offenses and drug offenses. sentences for property offenses and drug offenses.

Women are more likely to have dependent children and Women are more likely to have dependent children and to be serving their first prison term.to be serving their first prison term.

Prisons exclusively for women tend to be smaller and Prisons exclusively for women tend to be smaller and house fewer inmates than institutions exclusively for house fewer inmates than institutions exclusively for men.men.

Dorm and cottage plans are much more common than Dorm and cottage plans are much more common than cell-block plans for women’s prisons.cell-block plans for women’s prisons.

Co-correctional facilitiesCo-correctional facilities

Co-correctional facilities have been inCo-correctional facilities have been inoperation (in contemporary form) operation (in contemporary form)

since the 1970s.since the 1970s.Co-correctional facilities usually benefitCo-correctional facilities usually benefit

men more than women.men more than women.

Co-correctional FacilitiesUsually small, minimum-security institutions

that house both men and women with the goal of

normalizing the prison environment by integrating the daytime activities of the sexes.

Jail and Its FunctionsJail and Its Functions

A facility, usually operated at the local level, that A facility, usually operated at the local level, that holds holds

convictedconvicted offenders and offenders and unconvictedunconvicted persons persons for relatively short periods.for relatively short periods.

In practice, a jail serves as a catchallIn practice, a jail serves as a catchallfunction in criminal justice and corrections. function in criminal justice and corrections.

Jails also:Jails also:

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

• Temporarily detain juveniles pending transfer to juvenile Temporarily detain juveniles pending transfer to juvenile authorities.authorities.

• Hold mentally ill persons.Hold mentally ill persons.

• Hold individuals for the military.Hold individuals for the military.

Jail FunctionsJail Functions

Hold individuals for protective custody.Hold individuals for protective custody.

Hold individuals for contempt.Hold individuals for contempt.

Hold witnesses for the courts.Hold witnesses for the courts.

Release convicted inmates to the community upon Release convicted inmates to the community upon completion of sentence.completion of sentence.

Transfer inmates to other authorities.Transfer inmates to other authorities.

House inmates for federal, state or other authorities.House inmates for federal, state or other authorities.

Sometimes operate community-based programs.Sometimes operate community-based programs.

Hold inmates sentenced to short terms.Hold inmates sentenced to short terms.

Inmate SocietyInmate Society

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

Convict CodeConvict Code

Values, norms, and roles that regulateValues, norms, and roles that regulate the way inmates interact with one another the way inmates interact with one another

and with prison staff.and with prison staff.

PrisonizationPrisonization

The process by which an inmateThe process by which an inmate

becomes socialized into the customsbecomes socialized into the customs

and principles of the inmate society.and principles of the inmate society.

Violence and VictimizationViolence and Victimization

It is generally agreed that there is more physical violence It is generally agreed that there is more physical violence by inmates in today’s men’s prisons by inmates in today’s men’s prisons

than there was in earlier periods.than there was in earlier periods.

Commonly cited reasons for high ratesCommonly cited reasons for high ratesof prison violence include:of prison violence include:

Improper management and classification practices by Improper management and classification practices by staffstaff

High levels of crowding and competition over resourcesHigh levels of crowding and competition over resources

The young age of most inmates in many prisonsThe young age of most inmates in many prisons

Increases in racial tensions and prison gang activityIncreases in racial tensions and prison gang activity

Violence and VictimizationViolence and Victimization

Common motives for physical violence in prison are:Common motives for physical violence in prison are:

To demonstrate power and dominance over othersTo demonstrate power and dominance over others

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

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

A good deal of prison violence—but notA good deal of prison violence—but notall—has sexual overtones. In addition,all—has sexual overtones. In addition,

not all instances of sex in prison are violent.not all instances of sex in prison are violent. not all instances of sex in prison are homosexual.not all instances of sex in prison are homosexual. sexual encounters can involve both inmates and staff.sexual encounters can involve both inmates and staff.

Violence and VictimizationViolence and Victimization

Like all societies, the inmate society hasLike all societies, the inmate society hasan economy with a black-market component, an economy with a black-market component,

known as the known as the sub-rosa economysub-rosa economy. .

Sub-rosa EconomySub-rosa Economy

The secret exchange of goods and services that, The secret exchange of goods and services that, though often illicit, though often illicit,

are in high demand among inmates; are in high demand among inmates; the black market of the prison.the black market of the prison.

Inmate Coping and AdjustmentInmate Coping and Adjustment

Life in prison is different from living inLife in prison is different from living inthe free community. Prison life includes:the free community. Prison life includes:

Pronounced deprivation of personal freedom and Pronounced deprivation of personal freedom and material goodsmaterial goods

Loss of privacyLoss of privacy

Competition for scarce resourcesCompetition for scarce resources

Greater insecurity, stress, unpredictabilityGreater insecurity, stress, unpredictability

Life in Women’s PrisonsLife in Women’s Prisons

Life in women’s prisons is similar to lifeLife in women’s prisons is similar to life

in men’s prisons in some respects, butin men’s prisons in some respects, but

there are also important differences.there are also important differences.

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

Women’s prisons are often less oppressive.Women’s prisons are often less oppressive.

Life in Women’s PrisonsLife in Women’s Prisons

Female inmates are more likely to have children Female inmates are more likely to have children and to have been living with those children immediately before and to have been living with those children immediately before

incarceration.incarceration.

In some cases, very young children may live with their mothers in In some cases, very young children may live with their mothers in prison for a temporary period.prison for a temporary period.

Some women lose custody of their children.Some women lose custody of their children.

Often children live with other relatives and have little or no Often children live with other relatives and have little or no visitation.visitation.

A distinguishing feature of the inmate society A distinguishing feature of the inmate society in many women’s prisons is the presence ofin many women’s prisons is the presence of

make-believe families, known as pseudofamilies.make-believe families, known as pseudofamilies.

Women adopt male and female family roles.Women adopt male and female family roles.

Kinship ties cut across racial lines.Kinship ties cut across racial lines.

Access to the Courts and Access to the Courts and Legal ServicesLegal Services

The U.S. Supreme Court has granted inmates:The U.S. Supreme Court has granted inmates:

Unrestricted access to the federal courtsUnrestricted access to the federal courts

The ability to challenge in federal court not only the The ability to challenge in federal court not only the fact of their confinement but also the conditions under fact of their confinement but also the conditions under which they are confinedwhich they are confined

The conditions of confinement (The conditions of confinement (Cooper v. Pate)Cooper v. Pate)

The First Amendment to the Constitution The First Amendment to the Constitution guarantees freedom ofguarantees freedom of

speech, press, assembly, petition, and religion. speech, press, assembly, petition, and religion. The U.S. Supreme Court hasThe U.S. Supreme Court has

made numerous decisions in this area.made numerous decisions in this area.

Procedural Due Process in PrisonProcedural Due Process in Prison

Inmates can face disciplinary action Inmates can face disciplinary action

for breaking prison rules. for breaking prison rules.

The United States Supreme Court has held The United States Supreme Court has held

that they are entitled to due process, including:that they are entitled to due process, including:

A disciplinary hearing by an impartial bodyA disciplinary hearing by an impartial body

24 hours written notice of the charges24 hours written notice of the charges

Release and RecidivismRelease and Recidivism

Inmates may be released from prison Inmates may be released from prison in a number of ways, including:in a number of ways, including:

Expiration of the maximum sentenceExpiration of the maximum sentence

CommutationCommutation

Release at the discretion of a parole authorityRelease at the discretion of a parole authority

Mandatory releaseMandatory release

Release and RecidivismRelease and Recidivism

When inmates are released fromWhen inmates are released from

correctional institutions, the hope is thatcorrectional institutions, the hope is that

they will not experience they will not experience recidivismrecidivism..

RecidivismRecidivism

The return to illegal activity after release.The return to illegal activity after release.

Release and RecidivismRelease and Recidivism

A recent study found:A recent study found:

46.9% were reconvicted for a new crime46.9% were reconvicted for a new crime

25.4% were resentenced to prison for a new crime25.4% were resentenced to prison for a new crime

51.8% were returned to prison (25.4% for a new crime 51.8% were returned to prison (25.4% for a new crime and 26.4% for a technical violation of release conditionsand 26.4% for a technical violation of release conditions

Release and RecidivismRelease and Recidivism

In the end, imprisonment is a In the end, imprisonment is a reactive responsereactive response

to the social problem of crime,to the social problem of crime,

and crime is interwoven with otherand crime is interwoven with other

social problems such as social problems such as

poverty, inequality, and racism.poverty, inequality, and racism.