Criminology Unit 8: overview of punishment & corrections – Flashcards

Imagine for a moment that you are a criminal court judge. You have three individuals who have been found guilty of their crimes and are awaiting your sentencing decisions. They are: • John is a seventeen year old who has been convicted of robbing a convenience store in his neighborhood. He used a gun during the robbery, but did not physically harm anyone. • Jane is a twenty-five year old who has been convicted of stealing a car. This is her first offense and the owner of the car was not present when she took the car. • Tom is a twenty-two year old who has been convicted of assault. He beat up another man at a local bar in a fight over a woman. He has been convicted of assault once before. If you were the judge in charge of these cases, what would you sentence the person to? Would you choose institutional corrections like prison or would you sentence any of the individuals to non-correctional punishments, such as probation or community service? What factors would influence your decisions? In this unit, we will consider the topic of punishment and corrections. Crime has been punished in a variety of ways throughout history, sometimes in very brutal ways. Today, punishments like incarceration, probation, and alternative sanctions dominate the sentences given to convicted offenders.

Someone in a prison facility today will be in one of two types of prisons. *Detention facilities* handle individuals who have been arrested and are going through processing or awaiting trial. They typically do not house individuals who have already been convicted. In other words, when someone first enters the system by an arrest, the person will be held at a detention facility. Once a person has been convicted, he or she will be sent to a correctional facility. *Correctional facilities* are the prisons where convicted offenders serve out their sentences. You may be more familiar with correctional facilities as county jails or federal prisons. County jails tend to hold prisoners convicted of misdemeanors who are serving sentences of a year or less. However, there are exceptions, particularly in where the county jail also serves as a detention facility and in overcrowding situations when prisoners may serve more than a year in the county jail because there is not room for them in a state or federal prison. Let's take a look at some of the types of correctional facilities. *Jails* are facilities that hold individuals for up to one year and are administered by local officials. In the United States, there are over 3,000 jails of various sizes. Some can hold thousands of convicted offenders, including the men's central jail in Los Angeles, which can hold over 5,000 individuals. Other jails are quite small and only house a few offenders at any given time. Overall, jails have fewer resources than state and federal prisons. This means that they are often under funded and overcrowded. *Prisons* are facilities that hold those who are serving sentences of over one year. Prisons are usually under state or federal control. Because prisons are larger and have more inmates, their budgets also tend to be larger than budgets for jails. This often translates into better facilities and more programs such as education and vocational training. Prisons are categorized based on the level of perceived dangerousness of the inmates. These categories include maximum, medium, and minimum danger facilities. *Maximum security prisons* hold convicted offenders who are deemed to be the most dangerous and violent. These *are typically the prisons that you see with high walls and gun towers surrounding the prison*. *Medium security prisons* are for prisoners who are less dangerous and they *typically only have fences around the prison*. *Minimum security prisons* house offenders who have the lowest risk of violence or escape.

What do you think life would be like if we didn't have prisons? For a large portion of human history, this was the reality. It wasn't until the Middle Ages that we began to see prisons developing. Societies had jails, but they were largely temporary holding centers for offenders who were awaiting a trail or the execution of their punishment. In other words, people weren't held for years and years at a time like we now see in prisons. Instead, offenders faced a number of often harsh punishments. Execution was a common punishment and offenders faced brutal ways of execution, including hanging, burning at the stake, stoning, boiling, or being drawn and quartered. Offenders who weren't killed might face banishment from the town or community, flogging, torture, and branding. They might also face public labor, often in harsh and dangerous conditions. In the sixteenth century, the idea of workhouses began to develop in Holland and other European countries. The idea behind workhouses was the offenders should perform some useful labor for society because of their crimes. Offenders were sentenced to the workhouses, which were the early foundations for today's prisons. The English used *prison hulks*, which were decommissioned ships that were used to hold offenders. Offenders were expected to work during the day doing things like building piers and other "public" works. At night, the offenders were housed together in cramped quarters. The workhouse idea also extended to the practice of sending criminals to colonies, such as Australia and the United States, in order for them to work off their sentence. In the United States, the places where offenders were held were called penitentiaries. A *penitentiary* was a site of confinement and corrections for offenders. Penitentiaries came to be known by this name because it was believed that the offenders were doing penitence for their criminal acts. However, penitentiaries quickly grew in size and number, becoming what we now think of as prisons. By the nineteenth century, however, some people felt that penitentiaries should be revamped to encourage offenders to reform from their criminal ways. *Reformatories* were institutions designed to reform offenders through things like vocational training and education. In practice, however, reformatories often differed very little from their prison and penitentiary counterparts. Few offenders were actually reformed. With the relative failure of reformatories, prison reformers turned their attention to the idea of rehabilitation. The rehabilitation model suggested that prisoners should be sentenced to an indefinite amount of time and released when the individual had been "cured." The model rested on classifying individuals and then assigning them to various treatments. These might include psychotherapy, vocational training, education, and other methods of reform. The idea was that offenders would be retrained and reformed into productive members of society before their release, which would help their reintegration into society.

The correctional system, including jails and prisons, account for about 1-3 of the overall costs for the criminal justice system. This includes the cost of housing prisoners, employing prison officials and guards, and other expenditures. *In the United States, the cost of the correctional system is over $34 billion dollars.* A number of studies have also focused on the cost of the correctional system per prisoner. In other words, how much money is spent on each individual prisoner in a year? *On average in the US, it costs about $20,000 per year for each prisoner.* This includes food, clothing, shelter, as well as the cost of prison officials and guards. However, there are also many indirect costs, including the construction of new prisons. When indirect costs are averaged in, the amount per prisoner rises to about $31,000 for those in minimum security prisons and to as high as $80,000 for maximum security prisons. Due to the costs of operating the correctional system, which can put a strain on state or local budgets, some prisons are turning to private firms. These companies operate the prisons on a "for profit" basis. The first "for profit" prison was established in the 1970s when a company opened a facility for juvenile delinquents in Pennsylvania. By 2001, at least 140 prisons were being operated by private companies. Privatization of prisons appears to be a growing trend. Reports on prisons run on a "for profit" basis find that prisoners are more likely to work, the environment may be improved, and some prisoners benefit from educational or vocational training. In addition, prisoners may earn real wages, which can then be taxed with a portion going back to the state and federal government. However, some criminologists worry about private companies benefiting from the crime of others. In other words, without criminals in the jails, these companies would not make a profit running the prison. Others are concerned about the oversight and implementation of standards. When seeking a profit, a company may be more likely to cut corners or not implement the standards set up by the state or government for prisons.

Security is the main aim of all prisons and jails. They contain offenders away from the general society. Prisons spend millions of dollars to secure prisoners each year. They put up walls and fences around the prisons, train correctional officers, and invest in security equipment like alarms, video feeds, remote controlled doors and locks. However, even with these measures, over 1,000 prisoners escape from jails and prisons in the United States each year. Within prisons, life is run on a hierarchical system. Each state has its own system of rule, which correctional officers, including guards, are supposed to follow and enforce for prisoners. Rules dominate each day for both prisoners and corrections officials. Who are the typical prisoners and what is their life like behind bars? Over 90% of prisoners in the United States are male. Their average age is 30 years, with less than 10% of prisoners over the age of 51. Inmates, for criminologists, are an interesting group because they spend a great deal of time together, but it's not a voluntary choice. Rather, inmates are forced to live with one another, often for years. They have to stay within the group even if they fear the group and they often have to share virtually all of their personal space with others. Criminologists have often focused on the norms and values that develop within prisons. The *deprivation model* suggests that the prison subculture develops to help prisoners adjust to life behind bars. The process of learning the prison society and its expectations and rules is known as *prisonization*. When individuals enter the correctional system, they become numbers in the system rather than civilians. They no longer have many of the choices that we take for granted and they have to abide by the prison rules. Gradually, inmates take on new ways of living in the system and take on their inferior status. *Gresham Sykes* argues that prisoners develop an *inmate code* or informal rules and norms that reflect the values of the prison society. Prisoners also develop *prison argot* or a unique vocabulary that is used by prisoners when they enter the system. The inmate codes often include the informal rule of not informing on other prisoners and not trusting the prison guards. As the prison population has grown, the population has grown more diverse. This means that it is probably more accurate to talk about inmate codes rather than a single code guiding all prisoners. Prison researchers suggest that prison groups often fall along racial lines. Life in prison is often characterized with violence, particularly in today's prisons. Prison riots and other violence have been happening with increasing frequency. Why is violence increasing? Some scholars think that it may be due to the younger age of prisoners. In addition, inmates may be transferring the violence from the streets, including gang violence, to prisons. One study in Virginia found that about 10 in every 100 inmates are assaulted each year. In addition to violence, prisoners face a number of other changes. Not only do they lose their freedom, but they also experience being cut off from family and friends. In addition, prisoners are cut off from many goods and services. A "black market" of otherwise unattainable goods is common in many prisons. *Hustling* is obtaining goods that are unavailable through legitimate prison means. Prisoners can obtain goods like cigarettes, drugs, and food through these means.

After serving a portion of their sentence, many offenders become eligible for parole. *Parole* is the conditional release of an offender after they have served some of their time. In contrast to probation, which we will discuss below, offenders given parole spend some time in prison before being released under certain conditions, such as supervision and good conduct. A *parole board* makes the decision about whether to release a prisoner and it is typically made up of respected citizens, often appointed by the governor. The parole board hears the case to parole a prisoner at a *parole hearing*. At this hearing, the board reviews the offender's case, psychiatrists' reports about whether they feel the individual should be released, and other information. Individuals granted parole are generally expected to follow some conditions in order to remain out of prison. For example, the offender may have to sign a document saying that they will refrain from alcohol or drugs, abide by a curfew, and about not visiting people or places that are deemed harmful to the individual's chances of maintaining a law abiding life. If the conditions of the parole are not maintained, a *revocation of parole* may occur. This is the return of a person on parole to prison for not meeting the conditions of parole or for committing another crime. When an offender is released, he or she is assigned to a *parole officer*, who supervises the person released from prison. Parole officers also try to help offenders reintegrate into society. Parole officers typically have a degree in a relevant field and they are employed by the state government. Studies indicate that these officials spend about 36% of their time supervising parolees, 26% of their time on investigations for the court or parole board, and the rest of the time traveling, doing administrative tasks, and handling other aspects of the job. Even though parole is widely used, it is not the most successful of programs. During the 1980s and 1990s, for example, the percent of parolees who successfuly completed their parole conditions was under 60% for all years and was often under 50%. Those released on mandatory parole were even less likely to fulfill the conditions of their parole. Some scholars have even argued that the system of parole should be stopped. They argue that the system was originally created to reward prisoners for rehabilitation and that parole boards may not make good decisions about which prisoners should be released. Some boards may feel pressure to parole prisoners when they are eligible to ease prison crowding. In addition, the case loads for parole officers means that supervision may not happen as the system was designed for.

While many people are sentenced to prison for the crimes that they commit, some offenders are given other types of punishments. Like incarceration, these different types of punishments have a variety of advantages and disadvantages for society and individual offenders.

Many of you are more than likely familiar with the practice of probation as it has been commonly used for quite some time. *Probation* is the release of an offender into the community under the supervision of someone else and on the condition that the offender follow certain rules such as not committing any more crimes and holding down a job. The purpose of probation is to help offenders integrate into society as law-abiding citizens and it is one of the most widely used punishments. As you may have suspected, probation is typically used in situations where the offender committed a relatively minor crime and where the courts feel the individual has a good chance of changing his or her ways. For example, a first time offender would be more likely to be given probation as their sentence than an offender who has been convicted multiple times of various crimes. The number of individuals sentenced to probation is about four times as many as those sentenced to prison. Why are the numbers so large for this punishment? There are a number of benefits to the probation system, both for society and for individuals. First, many of the crimes that people commit are relatively minor. By giving individuals probation rather than sending them to jail, they are given a second chance at being law-abiding citizens and contributing productively to society. Since they are under the supervision of court officers, there is also some protection for society in the situation. Secondly, the arrangements allow for individuals to care for themselves and their families without becoming dependent on the state. While offenders in prison are totally cared for by the state, those on probation are expected to work and earn some pay in order to care for themselves, reducing the burden on the state. Part of the probation sentence is the requirement that offenders check in with probation officers. *Probation officers* monitor offenders in the community. At the same time, they try to help offenders find and keep jobs, offer educational or vocation information, and give the offender support about various aspects of their life. They help make sure that offenders comply with the orders of the court and try to help them become law abiding citizens. Most probation officers are educated in fields like criminology, psychology, or sociology and have at least a bachelor's degree in the field. Continuing education and training is usually required for this position. Although probation has good aims, studies show that the reality of today's probation system may not meet those aims. In most cases, judges do not have the time or knowledge to decide whether an offender is a good candidate for probation or whether another sentence would be better for that person. In addition, probation officers are often overwhelmed with cases. *The average caseload for a probation officer in the United States is over 200 offenders (and California probation officers average 900 cases each).* With so many cases, probation officers simply don't have the time or the means to offer the supervision and guidance to all offenders that the system was designed for. Studies have shown recidivism rates for those on parole as between 12-65%. Recidivism is particularly high for those convicted of a felony and given probation.

Some offenders are given sentences that are seen as falling between probation and incarceration. These sentences include fines, electronic monitoring, and community service. At times, these sentences are combined with probation. The idea behind these alternatives is that they can be as severe as a prison sentence, particularly when they last for longer periods of time (like having to wear an electronic monitor for 3-5 years instead of serving a prison sentence of a year). In some cases, an offender may be required to pay restitution to the victim. *Restitution* is compensation (often money) that the offender gives to the victim for losses or harm in the crime. The idea of restitution is to make up some of the loss to the victim and many victim rights groups have advocated for such a sentence. Another similar sentence is restorative justice, which often requires not only payment but also an apology and actions to right the crime committed (such as having to fix damaged property). Home confinement and electronic monitoring have been increasingly used in the last few decades. These types of punishments began in the 1980s and are seen as being between probation and incarceration. *House arrest* is a sentence where offenders are confined to their own homes for the length of the sentence. Depending on the circumstance, the individual may be able to leave his or her home for medical reasons or for other approved reasons (like employment). *Electronic monitoring* may be used to determine if the individual is staying in the proper place. There are two types of electronic monitoring that are used. Active systems provide a constant check on an offender's location. GPS systems are increasingly being used to track an individual's movements and location. In contrast, passive systems use methods like telephone verification. In this case, an offender would need to respond to a telephone call within a certain time period. Community service is another intermediate sanction. *Community service* occurs when the sentencing judge requires the offender to perform duties in the community. This sentence can involve anything from picking up trash to landscaping a highway to doing building or repair work on community buildings and parks. The idea behind community service is that offenders will be engaging in constructive activity and that these activities may create a positive change in the offender's attitude. In addition, some individuals may experience public shame from the sentence, which may make them less likely to repeat the crime. Do these alternative sanctions work at reducing recidivism and crime? In most cases, the claims for intermediate sanctions haven't lived up to their promise and studies have found that the sanctions may not be as effective as hoped. Some have suggested that electronic monitoring programs, for example, are not cost effective. Home arrest, however, does offer some benefits for some offenders. It does allow offenders to stay with their families and to engage in paid employment. For some offenders, this may keep the individual integrated into society and family and be enough of a deterrent to prevent future crimes.

T/F: Penitentiaries came to be known by this name because it was believed that the offenders were doing penitence for their criminal acts. ~true T/F: Jails are facilities that hold individuals for up to one year and are administered by local officials. ~true T/F: The percentage of parolees who complete their parole sentence successfully is about 85 percent. ~false T/F: Jails never hold more than 1,000 prisoners. ~false T/F: In the United States, the cost of the correctional system is over $34 billion dollars each year. ~true T/F: Parole officers spend most of their time on administrative tasks. ~false Men make up about what percentage of prisoners in the United States? ~90 The average caseload for a probation officer is about how many cases? ~200 The process of learning the prison society and its expectations and rules is known as what? ~Prisonization Having to serve meals to the homeless would be an example of which type of punishment? ~Community Service On average, how much does it take to incarcerate a prisoner in the U.S. for one year? ~$20,000 An example of a passive electronic monitoring system is which of the following? ~A telephone call to the offender's home What is prison argot? ~A unique vocabulary used by prisoners What were prison hulks? ~Decommissioned ships used to hold offenders What type of prison are those with high walls and gun towers surrounding the prison? ~Maximum security prison