corrections – Flashcards

francis allen

refining current strategies rather than creating new ones. scientific strategy would reveal the causes of crime and tell us what the appropriate rehab strategy was

- all individuals are a product of a particular past - some events in a persons life are more significant than others in causation of behavior - knowing causes of behavior can lead to treatment plans -treating criminals is the in the best interest for society and the offender

assimilation

crime and delinquency are inevitable reactions to a negative environment

- Sutherland - crime is learned - focused more on the distribution of crime in American Society

- Merton - focused on explaining crime in American Society - chasing the American dream causes crime because of the lack of equal opportunity through legal means

need for more efficient record keeping, proper classification, and segregation

therapeutic, academic, and vocational

state differences in court organization

overall system expansion and control. - classification systems wernt present - counsel was more correctional workers without any medical background - prison teachers wernt certified teachers - vocational programs were more maitnence programs, rather than job skills training

explain, treat, eliminate

search for causes of crime

progressive era. approach to confronting social problems with government and science

how the prison community shaped the attitudes and behavior of inmates. concluded that prisoners assimilate to prisonization based on their inferior role and experiences

- pre prison personality - type and extent of relationships maintained with those outside and inside prison - inmate associations not of their choosing - whether the inmate accepts the codes and creeds of the prison subculture or just follows it to survive

the impact of prisonization upon release, and the origins of prison subcultures

inverted U shape. prisonization is less at the beginning and the end, and highest at the middle

prisonization is less severe in treatment orientated institutions, than disciplinary orientated institutions

- studied impact of NY state maximum security prison environment on the mentality and self concept of the inmate. he terms these psychological pains as "pains of imprisonment"

participant observation that he did for 3 years. that concluded with 5 deprivations: - liberty - autonomy (self determination) - goods and services - heterosexual relationships - loss of security

how inmates adapt to the inmate codes determine what their argot roles will be

commented on Skyes deprivation model and claimed he did not account for the attitudes and behavior of a person before they get to prison. they felt skyes focused too much on the impact of prisonization

- don't seek prestiege in prison culture because they want to get out - they make their incarceration more bearable

desire acceptance within the prison

- accidental criminals (drunk drivers) - reject both thief and convict subcultures - pro social attitudes inside and outside of prison

- doing time - jailing- making prison their world - gleaning- make the best of their situation through self improvement and partaking in prison programs

- factors outside prison - feel more deprived from children and family - create pseudo family roles through homosexual relationships

- francis allen formed the 20th century rehabilitative ideal - founded on the "progressive era" agenda of using science to tell us what CAUSES crime and the appropriate REHAB strategy - the more you know about an offender, the better you can implement treatment - 4 assumptions underlying the rehabilitative ideal - rehabilitation ideal gave rise to the correctional system - combo of government and science - goal of rehabilitation- find out what causes crime - led to more complicated and individualized explanations of crime. which led to more classifications of offenders and more bureaucratized penal strategies - these programs became supplements vs replacement of incarceration. further expanding the penal system and government control

- focused on refining strategies rather than making new ones - expanding penal system was reflected through classification, rehabilitation, professionalization, and bureaucracy

- the goal of social reorganization is assimilation - shaw study- crime and delinquency are inevitable reactions to a negative environment - crime and delinquency are a function of geographic location vs individual psychology - The idea of Culture Conflict was created because of the theory that crime and delinquency evolved from social disorganization - differential association theory- Sutherland. crime is learned. Sutherland focused on the distribution of crime throughout American society - Anomie Theory- Merton. focused on explaining the overall high occurrence of crime in America. The idea that the American dream causes crime due to the lack of equal opportunities to obtain the American dream by legit and legal means -

- since the emergence of individualized treatment came about in the 20th century, there was more types of treatment (parole, probation, juvenile court) - Development of Federal prisons via congress without centralized administration. Created for the need of better record keeping, proper classification, and segregation.

- classification of prisoners helped the separation process - separated by seriousness of crime, and what rehabilitation programs would work best - federal prison programs were therapeutic, educational, and vocational

- parole was originally used for low risk offenders, then transitioned to being a method of releasing inmates - state differences in court organization were one of the reasons that probation did not have the same speed as parole did

- overall system expansion and control - classification systems were not really present - group counsel really served as a mean to maintain control over the offenders, because they were more correctional workers rather than having any clinical background - prison teachers weren't even certified teachers - vocational programs were more maintenance oriented rather than helping them with job skills

- 20th cent rehabilitative ideal led to the beginning of understanding prison life, specifically the emergence of sociology - Clemmer's "The Prison Community" - studied how prison community shaped the attitudes and behaviors of prisoners. concluded that prisoners assimilate to prisonization based on their inferior role and experiences - Clemmer's 5 factors that accelerate or delay prisonization - Clemmer- "the longer the prison sentence, the more extreme prisonization" - wheeler- Upside down U shape prisonization - Skyes and Messinger on prisonization- prisonization is less extreme in treatment oriented facilities, rather than discipline oriented facilities

- Sykes "The Society of Captives"- studied impact of NY max security prison environment on mentality and self concept of the inmate. used the term for these psychological pains as "Pains of Imprisonment" - Pains of Imprisonment- participant observation Sykes did for 3 years that concluded 5 depravations of prisoners.- liberty, autonomy (self determination), goods and services, heterosexual relationships, and loss of security. -

- lack of total power on both male and female prison authorities - inmates are already given rewards without having to earn them (mail, visitation). This negatively affects the control of inmates because they feel entitled, rather than having to earn these things

- prisoner rights movement rose due to the civil rights activism and civil disobedience that made up the nature of society during the 1960s-70s - Progressive reforms expanded the penal system, which opened up more governmental involvement. However, due to the overall distrust in the government during the 60s and 70s, reform efforts were aimed at limiting the powers of the state and expanding the rights of the citizen, including prisoners - "crisis regarding their legitimacy" of government, education, and effectiveness/appropriateness of criminal justice - Society during this time began questioning the constitution in practice and was very focused on their individual rights and freedom - numerous civil rights movements such as the black civil rights movement, women's movement (feminist), anti-war, prisoner rights movement, and eventually constitutionally questioning the death penalty

- Nature of society during this time was distrust in the states' efforts of crime control and abuse of power. - In order to make a difference in policy making, prisoners knew that their cases needed to be heard by the U.S. Supreme Court vs. state level courts - cases needed to question the constitutionality of the nature of the crime - Prisoner's fought for their freedom of religion, access to the courts, due process, use of force, equal protection, and equal treatment to make dramatic changes in their state's legal statues - similarities between the civil rights movement and the prisoners rights movement- used violence, fought against segregation, and involved some of the same people. Overall, they both fought for equality and improved conditions by rioting. - the American Bar Association- They founded the Commission on Correctional Facilities and Services, which operated the Resource Center for Correctional Law and Legal Services. The committees under this commission allowed many inmates to win their cases in court. - Constitutional rights invlolved in the prisoners rights movement- 1st amendment, right of freedom of religious expression, speech, press, or peacefully assemble; 14th amendment, due process, equal protection; 8th amendment, cruel and unusual punishment - Role of the courts during the prisoners rights movement- Previously, the role of the courts was to interpret the law, they were not in infringe on the rules and procedures of the prisons due to "lack of expertise". Their previous "hands-off" posture was replaced with judicial activism - the women's rights movement, civil rights movement, and anti-war that led to inmate's beginning the their movement - stages of prisoners rights movement- 1st stage- riots of the 1950s. 2nd stage- threat of increased Muslim inmates. 3rd stage- worsening of the prison conditions. - According to Pallas and Barber in 1980- In the first stage, inmates were spontaneous and disorganized. In the second stage, inmates went to the courts regarding their constitutional rights to practice their religion. In the final stage, inmates responded without violence, through inmate solidarity and public support. - people who supported the prisoners rights movement: White college students, Vietnam veterans, feminists, The Black Panthers party, and The American Bar Association (ABA). - Judicial Activism was most present In the District courts, regarding the conditions and operations of particular prisons. - The U.S. Supreme Court was influential with regard to religion and access to the courts during the prisoner's rights movement. - The Warren Supreme Court set the tone for Judicial Activism by Extending constitutional protections to minorities, who were mainly confined in institutions. - Litigation brought by Black Muslims was the most successful in mobilizing the prisoners rights movement - Dismantling segregation in public schools was the first priority of the courts during the prisoner rights movement -

- Prior to 1965, the Age of Discontent; abolishing capital punishment was supported under humanitarian and utilitarian grounds, but during the age of discontent, it was reviewed on constitutional levels. - Warren Court questioned constitutional validity in procedural (14th amendment) and substantive (8th amendment) concerns. -

In general, it was the women's rights movement, civil rights movement, and anti-war that led to inmate's beginning their movement.

1st stage- riots of the 1950s. 2nd stage- threat of increased Muslim inmates. 3rd stage- worsening of the prison conditions

In the first stage, inmates were spontaneous and disorganized. In the second stage, inmates went to the courts regarding their constitutional rights to practice their religion. In the final stage, inmates responded without violence, through inmate solidarity and public support.

White college students, Vietnam veterans, feminists, The Black Panthers party, and The American Bar Association (ABA).

They founded the Commission on Correctional Facilities and Services, which operated the Resource Center for Correctional Law and Legal Services. This resource center led to many inmates winning their court cases

Historically, the "hands-off" approach of the courts was due to the philosophy in the 40s and 50s that courts lacked expertise to intervene in the business of correctional administration. That the courts involvement undermines the prison disciple and generate litigation overload. Banning v. Looney (1954) supported this ideology of the courts not intervening in state matters of the prison rules and regulation. However, during the prisoner's rights movement (1960s-70s) judicial activism was present.

In the District courts, regarding the conditions and operations of particular prisons.

The U.S. Supreme Court was influential with regard to religion and access to the courts during the prisoner's rights movement.

Extending constitutional protections to minorities, who were mainly confined in institutions.

litigation by black muslims

Dismantling segregation in public schools.

Religious persecution brought in their involvement, but the conditions of the prisons is what continued their involvement.

violation of the 1st and 14th amendment

-Fullwood v. Clemmer (1962) Forced to permit Muslim religious activities within the prison; ruled that correctional administrators had been denying inmates their 1st amendment right of freedom of expression. -Cooper v. Pate (1964) Inmates successfully sued for the right to use the Koran and for a place and opportunities to worship. - Cruz v. Beto (1972) Examined the meaning of religious freedom as a due process issue; ruled that inmates must be afforded opportunities to exercise their faith of choice in a way comparable to other faith's by the 14th amendments equal protection cause. However, the court ruled the state doesn't need to provide the resources for this to occur

Religious expression, censorship of inmate mail, access to legal resources, inmate lawyering, inmate protection against staff mistreatment, and inmate conditions.

Whether or not the censorship of mail violates due process rights by impeding access to the courts.

- Palmigiano v. Travisono (1970) Ruled in favor of inmates, that mail censorship does violate due process rights; established restrictions on the censorship of mail. - Procunier v. Martinex (1974) Safeguards against unreasonable censorship required states to prove a notice to the inmate when they were going to censor something, give the inmate an opportunity to protest the censor decision, another must complete a review of this censorship official. - Wolff v. McDonnell (1974) Opening the contents of an envelope and putting it on the table was allowed, as long as the readable portions were not read.

-Bailleaux v. Holmes (1961) Court ruled that prison authorities couldn't stifle the study of law as it impedes on one's right of access to courts. -Johnson v. Avery (1969) Court ruled that the absence of jailhouse lawyering (JHL) put an unreasonable burden on other inmates' right of access to the courts; prisoners are entitled to obtain legal assistance from other prisoners; restrictions of when and where JHL could render assistance and forbade formal compensation. -Gilmore v. Lynch (1970) Limiting law books in prison libraries impedes prisoner's access to the courts. -Haines v. Kerner (1972) Special attention should be given to inmate petitions. - Bounds v. Smith (1977) Adequate law libraries and trained personnel must be provided.

Does due process apply when someone is being punished?

Wolff v. McDonnell (1974) Courts ruled that due process does apply when someone is being punished because the state gives valued things to the inmate that can later be taken; court ruled that advance-written notice of institutional charges against a prisoner must be given 24-hrs prior to appearing before the disciplinary board, a written statement of the evidence relied upon must be provided to the inmate, the inmate is allowed to call a witness or bring documentation in their defense, and the disciplinary board must be impartial and provide counsel to an inmate if they are illiterate. Hewitt v. Helms (1983) Upon transfer to administrative segregation, the inmate has to be given a notice for the reason of their transfer, given the opportunity to express their views, have the decision reviewed by another prison official after the transfer, and periodic reviews are required for the duration of the inmates' segregated confinement.

Disciplinary hearings resulting in sanction or loss, orderly procedures, classification assessments, intra-prison transfers, and administrative/segregated confinement

Southern states, such as the AL prison seen in Pugh v. Locke (1976)

class action suits

Lawsuits concerning the conditions of isolated confinement

Wright v. McMann (1967) Ruled that inmates who are deprived of soap, water, towel, etc. create conditions that are constitutionally intolerable. Ford v. Board of Managers of NJ State Prison (1969) Ruled that it was constitutionally acceptable to allow water and a shower only on every 5th day. Bauer v. Sielaff (1974) Ruled that it was constitutionally acceptable to deprive inmates of hygiene materials for 7-10 days.

Estelle v. Gamble; ruled that for punishment to be considered cruel and unusual, the officials must be acting in a way that deliberately harms inmate's medical needs. If the officials' actions are just negligent, then the case must go to a civil states court, not the Supreme Court to be ruled unconstitutional.

the use of force

They were allowed to use "reasonable" force that was decided on a case-to-case basis. "Reasonable" was measured by the inmate's use of force, the staff's perception of injury, and means to resist the assault. The bloody Attica riots are what led the court to agree that the force being used was excessive.

It guaranteed them equal protection and worked to desegregate the prisons. Prisoners were segregated due to the numerous racial riots that broke out in the 60s; however, Washington v. Lee (1966) ruled that this violated the 14th amendments equal protection clause. However, they also agreed with the lower court that institutional safety does override concerns of racial discrimination. This second portion is what allowed for segregation to still occur as long as it was justified and temporary

"The parity movement" which dealt primarily with housing and programming issues. Since there were fewer women incarcerated than men, there were minimal facilities to house them. Many women would be transferred across state lines if their sentence were lengthy. Feminists viewed this as unfair and unequal because women would be housed far from their families. This led to Park v. Thompson, which ruled to build more female facilities. The "parity movement" also focused on access to law libraries and vocational/educational programs. A "parity of treatment" was required by the courts, which meant that programs for females didn't have to be the same as men's, but serve the same purpose.

Morrisey v. Brewer (1972) Parolees right to due process; revocation must unfold in two stages: first be notified of the nature of the violation, second have a preliminary hearing. Mempa v. Rhay (1967) Probationers right to counsel during revocation hearings. Gagnon v. Scarpeili Procedure protections in Morrisey regarding parolees, apply to probation revocation as well.

Abolishing capital punishment, putting restrictions on capital punishment

Prior to 1965, the death penalty had not been constitutionally challenged. In post-revolutionary America, the death penalty had been abolished on humanitarian and utilitarian grounds, but not constitutional. It was never constitutionally questioned until the Warren Court. The Warren Court questioned the death penalty on procedural (14th amendment) and substantive (8th amendment) concerns.

Rudolph v. Alabama (1963), which questioned whether death was an appropriate sanction for the crime of rape; the court failed to declare it unconstitutional.

Akens v. California (1972)

Furman v. Georgia (1972) because it showed that there was a disproportion in death penalty rulings regarding racial and class demographics. This led to 589 death row inmates from receiving the death penalty. The Furman decision led to guidelines for states to use regarding their death penalty statues.

Gregg v. Georgia (1976) served as the test state for those who had revised their statues. They provided limits on discretion requiring the sentence find beyond reasonable doubt at least 1/10 aggravating factors to be present. They also had automatic review by the GA Supreme Court in all death penalty cases and a two-phase trial system, where guilt/innocence was decided in one phase and the sentence the other; didn't pass constitutional muster.

When juries will acquit defendants in order to avoid sanctions, when the law shifts to the discretion of the juries, when the law removes the right of the defendant to an individualized sentencing hearing where mitigating circumstances could be present.

Roberts v. Louisiana (1976) Abolished mandatory death penalty for killing a police officer. Coker v. Georgia (1977) Abolished mandatory death penalty for rape. Eberheart v. Georgia (1977) Abolished mandatory death penalty for kidnapping. The Supreme Court did not strike down all mandatory death statues; the legality of statutes rests on whether the statute prohibits presentation of mitigating circumstances. The court upheld that there couldn't be certain crimes that lead to a mandatory death sentence, but that death sentences could still be used just not as a mandatory sentence for specific crimes.

Division within the movement.

Overall, they all agreed that activism of any kind expanded access to the courts and gave a voice to the powerless groups

That the power of the executive and legislative branches was undermined by judicial activism.

Advocates of judicial restraint believe that courts overstep their authority when they alter social policy and rules that govern social institutions. They feel that the courts role is the interpretation of the law not the governing of malfunctioning bureaucracies. Advocates of judicial restraint see the prisoner rights movement as one that created greater loss of control by institutional authorizes, contributed to inmate-on-inmate and inmate-on-staff violence, led to the increase in staff turnover, lower staff morale, ineffective management, and more costly courts. Advocates of prison reform argue that the movement Improved jail conditions, abolishment of southern prison plantation model of confinement, increased professionalism of correctional staff, increase correctional accountability, more uniform policies.

Prison Litigation Reform Act of 1995 Intent was to restrict the judiciary for recognizing and enforcing prisoner rights by limiting the remedies federal judges can impose on prisoner rights cases, and make it more expensive and difficult for prisoners to obtain legal representation in institutional litigation. Lewis v. Casey (1996) Prisoners have no constitutional right to legal resources and assistance. The right of access to the courts should be limited to solely protection against interference in filing legal papers. Courts rejecting arguments that parole boards should be prohibited from considering illegally obtained evidence during revocation hearings and that prisoners should be given adequate notice and a hearing before disciplinary action is taken. Hudson v. McMillian (1992) Questioned whether the 8th amendment does provide protection to prisoners against abusive actions by correctional officers.

-The purpose of this study was to understand prison life in the eyes of the inmate - The purpose of explaining the prison system allows us to predict and therefore prevent crime. - Theory: Social-psychological framework - The Pains of Imprisonment: Overall pose threat to who we are. Deprivation of liberty, deprivation of security, deprivation of autonomy, deprivation of heterosexual relationships, deprivation of goods and services - Method: Sykes collected the data regarding life in prison through the eyes of the inmate, through a case study employing participant-observation, which allowed for less bias. He only tested the NJ prison, which means his results are not a generalization of all prisons. - findings: Prisons are polar opposite to American society. In order for inmates to survive in this polar opposite society, they have to take on these survival skills that are not suitable for the free world. Given the deprivations of imprisonment (deprivation of liberty, security, goods and services, heterosexual relationships, and autonomy) the best approach to dealing with these is by adaptive endurance. - Inmate responses to pains of imprisonment- attempting to physically escape, forceful rebellion, peaceful change, adaptive insurance,

attempting to physically escape forceful rebellion peaceful change adaptive insurance