Introduction to Criminal Justice
Section 6.1: Jails
Prepared by Adam J. McKee
1
Jails The idea of jails has a long history, and the historical roots of American jails are in the "gaols" of feudal England.
Sheriffs operated these early jails, and their primary purpose was to hold accused persons awaiting trial.
This English model was brought over to the Colonies, and the function remained the same.
In the 1800s, jails began to change in response to the penitentiary movement.
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The Evolved Role of Jails Their function was extended to housing those convicted of minor offenses and sentenced to short terms of incarceration .
They were also used for other purposes, such as holding the mentally ill and vagrants.
The advent of a separate juvenile justice system and the development of state hospitals alleviated the burden of taking care of these later categories.
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Today’s Jails Today's jails are critical components of local criminal justice systems.
They are used to address the need for secure detention at various points in the criminal justice process.
Jails typically serve several law enforcement agencies in the community, including local law enforcement, state police, wildlife conservation officers, and federal authorities .
Jailsrespond to many needs in the criminal justice system and play an integral role within every tier of American criminal justice.
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A Dynamic Need These needs are ever changing and influenced by the policies, practices, and philosophies of the many different users of the jail.
Running a jail is a tough business, usually undertaken by a county sheriff .
Often, much of the Sheriff's authority is delegated to a jail administrator .
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Population Diversity Running a jail is such a complicated endeavor partly because jails serve an extremely diverse population .
Unlike prisons where inmate populations are somewhat homogenous, fails hold vastly different individuals.
Jails hold both men and women, and both children and adults. Most state prisoners are serious offenders, whereas jails old both serious offenders as well as minor offenders who may be vulnerable to predatory criminals.
Those suffering from mental illness, alcoholism, and drug addiction often find themselves in jail.
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Major Functions It is in this environment that jail staff must accomplish the two major functions of jails:
1. Intake 2. Custody
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Booking and Intake The booking and intake function of jails serves a vital public safety function by providing a secure environment in which potentially dangerous persons can be assessed,and the risk these individuals pose the public can be determined .
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Custody The second major function of jails is the idea of custody.
That is, people are deprived of their liberty for various reasons.
The two most common of these reasons are
1. pretrial detention 2. punishment
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Pretrial Detention A major use of modern jails is what is often referred to as pretrial detention .
In o th e r wo rd s , ja ils re ce ive a ccu se d p e rs o n s p e n d in g a rra ign m e n t a n d h o ld th e m a wa itin g tria l, co n victio n , o r s e n te n cin g.
Mo re th a n h a lf o f ja il in m a te s a re a ccu se d o f crim e s a n d a re a wa itin g tria l.
Th e a ve ra ge tim e b e twe e n a rre s t a n d s e n te n cin g is a ro u n d s ix m o n th s .
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Other Judicial Hearings Jails also readmit probation and parole violators and absconders, holding them for judicial hearings.
The major purpose of pretrial detention is not to punish offenders, but to protect the public and ensure the appearance of accused persons at trial.
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How Many Jails Are There? According to the Bureau of JusticeStatistics, there are around 3,300 jails currently in operation within the United States.
This large number points to a very important fact: Jails are primarily a local concern .
Jails(and detention centers) are facilities designed to safely and securely hold a variety of criminal offenders, usually for a short period .
The wide variety of offenders comes from the fact that jails have dual roles.
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Jail Size The size of jails can vary widely depending on the jurisdiction the facility serves.
Both geographic and legal jurisdiction must be considered.
The single most important determinant of jail size is population density: The more people a given jurisdiction has, the more jail inmates they are likely to have.
Many rural jails are quite small, but America’s largest population centers tend to have massive jail complexes.
Most counties and many municipalities operate jails, and a few are operated by federal and other non -local agencies. 13
Regional Facilities There has been a trend for small, rural jurisdictions to combine their jails into regional detention facilities.
These consolidated operations can increase efficiency, security, and better ensure prisoners’ rights .
14
Judicial Influence A primary function of jails is to house criminal defendants after arrest .
Within a very narrow window of time, the arrestee must appear before a judge.
The judge will consider the charges against the defendant and the defendant’s risk of flight when determining bail.
The judge may decide to remand the defendant to the custody of the jail until trial, but this is rare.
Most often, pretrial release will be granted .
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Jails for Punishment As a criminal sanctioning option, jails provide a method of holding offenders accountable for criminal acts.
Jailshouse offenders that have been sentenced to a jail term for misdemeanor offenses, usually for less than one year.
There are many ways that jail sentences can be served, depending largely on the laws and policies of the particular jurisdiction .
A central goal of incarceration as punishment in the criminal justice system is the philosophical goal of deterrence.
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Other Goals Rehabilitation and reintegration are sometimes considered secondary goals of incarceration .
These goals are not usually deemed amenable to the jail environment, and few programs designed to meet these goals exist.
Many local jails do make a modest effort to provide inmates with opportunities for counseling and change to deter future criminal behavior, but always within the constraints of scant resources.
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Misc. Functions Jails in some jurisdictions are responsible for transferring and transporting inmates to federal, state, or other authorities .
Jails are also tasked with holding mentally ill persons pending their transfer to suitable mental health facilities where beds are often unavailable.
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Other Government Purposes Jails also hold people for a variety of government purposes ; they hold individuals
● Wanted by the armed forces ● For protective custody (individuals who may not be safe in the community) ● Found in contempt of court ● As witnesses for the courts
Jails often hold state and federal inmates due to overcrowding in prison facilities.
Jails are commonly tasked with community -based sanctions, such as work details engaged in public services.
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Jail Populations Arrestees often arrive at the jail with myriad many problems .
Substance abuse, alcohol abuse, and mental illness often mean that jail inmates are not amenable to complying with the directions of jail staff.
Many have medical problems, psychological problems, and emotional problems .
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Emotional & Behavioral Problems Inmates can display the full gambit of human emotions : fail staff may see fear, anxiety, anger, and depression every day.
Behaviors often mirror emotional state, and at times staff must deal with noncompliant, suicidal, or violent inmates.
While inmates are in custody, the jail is responsible for their health and wellbeing.
21
Outside Influences on Jails Jails function in a role as a service provider for the rest of the criminal justice community .
Jailadministrators have very little discretion in who goes to jail and how long they remain in custody.
Law and policy play a big role in dictating who goes to jail, as do the discretionary decisions of probation and parole officers, law enforcement, and judges.
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Juvenile Detention Many jails temporarily detain juveniles pending transfer to juvenile authorities.
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Juvenile Trends The trend in juvenile incarceration is toward lower numbers and a move toward local facilities.
The juvenile offender population dropped 14% from 2010 to 2012, to the lowest number since 1975.
In the March 2015 report, it was noted that for the first time since 2000, more offenders were in local facilities than were in state operated facilities.
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Physical Security The degree of security present in juvenile facilities tends to vary widely between jurisdictions .
An important measure of security used in OJJDPreports is locking youth in "sleeping rooms ."
More than half of all facilities reported that they had one or more confinement features in addition to locking juveniles in their sleeping room (which usually happens at night).
These security features usually consist of locked doors and gates designed to keep juveniles within the facility.
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Types of Juvenile Facilities Unlike adult jails, juvenile detention takes place in a variety of different environments .
According to the OJJDPstudy, the most common type of facility were facilities that considered themselves to be "residential treatment centers," followed by those that considered themselves to be "detention centers."
The classifications of "group home," "training school," "shelter," "wilderness camp," and "diagnostic center" are also used.
Group homes and shelters tended to be privately owned, and detention centers tended to be state run facilities.
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Introduction to Criminal Justice Section 6.2: Prisons
Prepared by Adam J. McKee
1
Assessment As inmates enter a prison system after sentencing, they are typically assessed at a classification or reception facility based on
● the nature of their crime ● criminal history ● escape risk ● health needs ● any behavioral issues that must be addressed
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Goals of Assessment The goal of these assessments is to determine the dangerousness of the offender and the viability of various treatment options.
Based on the assessment results, prison personnel will assign the offender to a particular prison facility.
The primary concern when assigning an inmate to a facility is safety, followed by practical concerns about bed space.
The needs of the inmate are also considered in the process.
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Prisoner Choice? Prisoners thus have almost no control of where they are confined.
Some prisons do allow for transfers to facilities closer to family, but these requests are subject to security concerns and bed space.
Often, female inmates are housed far from family because the small number of female facilities often means that there are no options close to family.
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Development of Prisons Prior to the 1800s, common law countries relied heavily on physical punishments.
Influenced by the high ideas of the enlightenment, reformers began to move the criminal justice system away from physical punishments in favor of reforming offenders.
This was a dramatic shift away from the mere infliction of pain that had prevailed for centuries.
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Penitentiaries Among these early reformers was John Howard, who advocated the use of penitentiaries.
Penitentiaries , a s t h e n a m e s u gge s t s , we re p la ce s fo r o ffe n d e rs t o b e p e n it e n t .
Th a t is , t h e y wo u ld e n ga ge in wo rk a n d re fle ct io n o n t h e ir m is d e e d s .
To a ch ie ve t h e a p p ro p ria t e a t m o s p h e re fo r p e n it e n ce , p ris o n e rs we re ke p t in s o lit a ry ce lls wit h m u ch t im e fo r re fle ct io n .
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Pennsylvania System Philadelphia’s Walnut Street Jail wa s a n e a rly e ffo rt t o m o d e l t h e Eu ro p e a n p e n it e n t ia rie s .
Th e s ys t e m u s e d t h e re la t e r b e ca m e kn o wn a s t h e Pennsylvania System .
Un d e r t h is s ys t e m , in m a t e s we re ke p t in s o lit a ry co n fin e m e n t in s m a ll, d a rk ce lls .
A ke y e le m e n t o f t h e Pe n n s ylva n ia Sys t e m is t h a t n o co m m u n ica t io n s wh a t s o e ve r we re a llo we d .
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Criticisms of the Pennsylvania System Critics of this system began to speak out against the practice of solitary confinement early on.
They maintained that the isolated conditions were emotionally damaging to inmates, causing severe distress and even mental breakdowns.
Nevertheless, prisons across the United States began adopting the Pennsylvania model, espousing the value of rehabilitation.
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The New York System The New York system evolved along similar lines, starting with the opening of New York’s Auburn Penitentiary in 1819.
This facility used what came to be known as the congregate system. Under this system, inmates spent their nights in individual cells, but were required to congregate in workshops during the day.
Work was serious business, and inmates were not allowed to talk while on the job or at meals.
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Did It Work? By the middle of the nineteenth century, prospects for the penitentiary movement were grim.
No evidence had been mustered to suggest that penitentiaries had any real impact on rehabilitation and recidivism.
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The Lease System Prisons in the South and West were quite different from those in the Northeast.
In the Deep South, the lease system d e ve lo p e d .
Un d e r t h e le a s e s ys t e m , b u s in e s s e s n e go t ia t e d wit h t h e s t a t e t o e xch a n ge co n vict la b o r fo r t h e ca re o f t h e in m a t e s .
Pris o n e rs we re p rim a rily u s e d fo r h a rd , m a n u a l la b o r, s u ch a s lo ggin g, co t t o n p ickin g, a n d ra ilro a d co n s t ru ct io n .
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Deplorable Conditions Disillusionment with the penitentiary idea, combined with overcrowding and understaffing, led to deplorable prison conditions across the country by the middle of the nineteenth century.
New York’s Sing Sing Prison was a noteworthy example of the brutality and corruption of that time.
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The Reformatory Movement A new wave of reform achieved momentum in 1870 after a meeting of the National Prison Association (which would later become the American Correctional Association).
At this meeting held in Cincinnati, members issued a Declaration of Principles .
Th is d o cu m e n t e xp re s s e d t h e id e a t h a t p ris o n s s h o u ld b e o p e ra t e d a cco rd in g t o a p h ilo s o p h y t h a t p ris o n e rs s h o u ld b e re fo rm e d , a n d t h a t re fo rm s h o u ld b e re wa rd e d wit h re le a s e fro m co n fin e m e n t .
Th is u s h e re d in wh a t h a s b e e n ca lle d t h e Re fo rm a t o ry Mo ve m e n t . 13
The Elmira Reformatory One of the earliest prisons to adopt this philosophy was the Elmira Reformatory , wh ich wa s o p e n e d in 1876 u n d e r t h e le a d e rs h ip o f Zebulon Brockway .
Bro ckwa y ra n t h e re fo rm a t o ry in a cco rd a n ce wit h t h e id e a t h a t e d u ca t io n wa s t h e ke y t o in m a t e re fo rm .
Cle a r ru le s we re a rt icu la t e d , a n d in m a t e s t h a t fo llo we d t h o s e ru le s we re cla s s ifie d a t h igh e r le ve ls o f p rivile ge .
14
The Mark System Under this “mark” system, prisoners earned marks (credits) toward release.
The number of marks that an inmate was required to earn in order to be released was established according to the seriousness of the offense.
This was a movement away from the doctrine of proportionality, and toward indeterminate sentences and community corrections.
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The Rehabilitation Model The next major wave of corrections reform was known as the rehabilitation model, which achieved momentum during the 1930s.
This era was marked by public favor with psychology and other social and behavioral sciences.
Ideas of punishment gave way to ideas of treatment, and optimistic reformers began attempts to rectify social and intellectual deficiencies that were the proximate causes of criminal activity.
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The Medical Model This was essentially a medical model in which criminality was a sort of disease that could be cured.
This model held sway until the 1970s when rising crime rates and a changing prison population undermined public confidence.
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The Crime Control Model After the belief that “nothing works” became popular, the crime control model became the dominate paradigm of corrections in the United States.
The model attacked the rehabilitative model as being “soft on crime.”
“Get tough” policies became the norm throughout the 1980s and 1990s, and lengthy prison sentences became common.
The aftermath of this has been a dramatic increase in prison populations and a corresponding increase in corrections expenditures.
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Reform Still Needed Those expenditures have reached the point that many states can no longer sustain their departments of correction.
The pendulum seems to be swinging back toward a rehabilitative model, with an emphasis on community corrections.
While the community model has existed parallel to the crime control model for many years, it seems to be growing in prominence.
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Prison Classifications Prisons in the United States today are usually distinguished by custody levels.
Super -maximum -security prisons (Su p e r Ma x) a re u s e d t o h o u s e t h e m o s t vio le n t a n d m o s t e s ca p e -p ro n e in m a t e s .
Th e s e in s t it u t io n s a re ch a ra ct e rize d b y a lm o s t n o in m a t e m o b ilit y wit h in t h e fa cilit y, a n d fo rt re s s -like s e cu rit y m e a s u re s .
Th is t yp e o f fa cilit y is ve ry e xp e n s ive t o b u ild a n d o p e ra t e .
Th e firs t s u ch p ris o n wa s t h e n o t o rio u s fe d e ra l p ris o n Alcatraz , b u ilt b y t h e Fe d e ra l Bu re a u o f Pris o n s in 1934.
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Maximum-security Prisons Maximum -security prisons are fortresses that house the most dangerous prisoners.
Only 20% of the prisons in the United States are labeled as maximum security, but, because of their size, they hold about 33% of the inmates in custody.
Because super -max prisons are relatively rare, maximum -security facilities hold the vast majority of America’s dangerous convicts.
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Maximum Security Characteristics These facilities are characterized by very low levels of inmate mobility, and extensive physical security measures.
Tall walls and fences are common features, usually topped with razor wire.
Watchtowers staffed by officers armed with rifles are common as well.
Security lighting and video cameras are almost universal features.
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Death Row States that use the death penalty usually place death row inside a maximum - security facility.
These areas are usually segregated from the general population, and extra security measures are put in place.
Death row is often regarded as a prison within a prison, often having different staff and procedures than the rest of the facility.
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Medium-security Prisons Medium -security prisons use a series of fences or walls to hold prisoners that, while still considered dangerous, are less of a threat than maximum - security prisoners.
The physical security measures placed in these facilities are often as tight as for maximum -security institutions.
The major difference is that medium -security facilities offer more inmate mobility, which translates into more treatment and work options.
These institutions are most likely to engage inmates in industrial work, such as the printing of license plates for the State.
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Minimum-security Prisons Minimum -security prisons are institutions that usually do not have walls and armed security.
Prisoners housed in minimum -security prisons are considered to be nonviolent and represent a very small escape risk.
Most of these institutions have far more programs for inmates, both inside the prison and outside in the community.
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Minimum Security Differences Part of the difference in inmate rights and privileges stems from the fact that most inmates in minimum -security facilities are “short timers” --they are scheduled for release soon.
The idea is to make the often problematic transition from prison to the community go more smoothly.
Inmates in these facilities may be assigned there initially, or they may have worked their way down from higher security levels through good behavior and an approaching release date.
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Women’s Prisons Women are most often housed in women’s prisons.
These are distinguished along the same lines as male institutions.
These institutions tend to be smaller than their male counterparts are, and there are far fewer of them.
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Gender Differences Women do not tend to be as violent as men are, and this is reflected in what they are incarcerated for.
The majority of female inmates are incarcerated for drug offenses.
Inmate turnover tends to be higher in women’s prisons because they tend to receive shorter sentences.
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Gender Segregation A few states operate coeducational prisons where both male and female inmates live together.
The reason for this is that administrators believe that a more normal social environment will better facilitate the eventual reintegration of both sexes into society.
The fear of predation by adult male offenders keeps most facilities segregated by gender.
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Private Prisons In the recent past, the dramatic growth in prison populations led to the emergence of private prisons.
Priva t e o rga n iza t io n s cla im e d t h a t t h e y co u ld o wn a n d o p e ra t e p ris o n s m o re e fficie n t ly t h a n go ve rn m e n t a ge n cie s ca n .
Th e Corrections Corporation of America is t h e la rge s t co m m e rcia l o p e ra t o r o f ja ils a n d p ris o n s in t h e Un it e d St a t e s .
Th e p o p u la rit y o f t h e id e a h a s wa n e d in re ce n t ye a rs , m o s t ly d u e t o le ga l lia b ilit y is s u e s a n d a fa ilu re t o re a lize t h e h u ge s a vin gs p ro m is e d b y t h e p riva t e co rp o ra t io n s .
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Special Populations A major problem affecting the operation of prisons in the United States is what is known as special populations.
Among these are elderly inmates.
An a gin g p o p u la t io n in ge n e ra l co u p le d wit h m a n d a t o ry s e n t e n cin g la ws h a s ca u s e d a n e xp lo s io n in t h e n u m b e r.
Th is is a n e xp e n s ive p ro p o s it io n fo r t h e Am e rica n co rre ct io n a l s ys t e m .
A s u b s t a n t ia l re a s o n fo r t h is in cre a s e d co s t is t h e in cre a s e d m e d ica l a t t e n t io n p e o p le t e n d t o re q u ire a s t h e y gro w o ld e r.
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Prison Overcrowding While the trend in prison population data is down, prison overpopulation is still a major problem in many states.
Many of those states are under court order to fix overcrowding problems, which are unconstitutional.
Governments have responded with many programs aimed at reducing prison overcrowding.
32
Prison Programs Prisons are like small cities in many respects.
All of the requirements of life must be met, and rehabilitative objectives must be facilitated.
Medical services must be rendered, and religious needs must be met. Inmates have a right to some types of recreation.
Many prisons have labor and industry programs.
Rehabilitative programs include job training, addiction treatment, therapy for psychological and emotional problems, and many other programs are common.
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Introduction to Criminal Justice
Section 6.3: Prisoner’s Rights
Prepared by Adam J. McKee
1
Prisoner’s Rights in America American courts were reluctant to get involved in prison affairs during most of the 19th century.
Until the 1960s, the courts used a hands -off approach to dealing with corrections.
Since, it the court has recognized that “Prison walls do not form a barrier separating prison inmates from the protections of the Constitution” ( Turner v. Safley, 1987).
Pris o n e rs d o give u p ce rt a in righ t s b e ca u s e o f co n vict io n , b u t n o t a ll o f t h e m .
2
Hudson v. Palmer(1984) “While prisoners enjoy many protections of the Constitution that are not fundamentally inconsistent with imprisonment itself or incompatible with the objectives of incarceration, imprisonment carries with it the circumscription or loss of many rights as being necessary to accommodate the institutional needs and objectives of prison facilities, particularly internal security and safety.”
3
Political Rights The phrase political right is used to refer to rights related to the participation in the democracy of the United States: Chief among these is the right to vote.
The Constitution of the United States allows states to revoke a person’s right to vote upon conviction, but does not require it.
Several states revoke the right to vote while a person is incarcerated but restore the right once the person is released from prison.
4
Status and Voting Rights A few states revoke the right to vote for life when a person is convicted of a felony.
The right to vote cannot be denied to those who are pretrial detainees confined to a jail, or someone who is a misdemeanant.
These individuals are usually given the right to vote by absentee ballot.
5
Free Speech and Assembly The First Amendment right of prisoners to free speech is curtailed, but not eliminated.
Prison administrators must justify restrictions on free speech rights.
The rights to assemble is generally curtailed.
As a rule, prison administrators can ban any inmate activity that is a risk to the security and safety of the institution.
6
Freedom of Religion Generally, prisoners have the right to free exercise of their religious beliefs.
These, however, can be curtailed when the health and safety of the institution are at risk.
To be protected, the particular religious beliefs must be “sincerely held.”
Prison officials may not, however, legally show a preference for one religion over another.
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Policy v. Religion In practice, some religious customs have conflicted with prison policies, such as requiring work on religious holidays that forbid labor.
These types of policies have been upheld by the courts.
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Access to the Courts The First Amendment guarantees the right “to petition the Government for a redress of grievances.”
For prisoners, this has translated to certain types of access to the courts.
The two major categories of petitions that can be filed by prisoners are criminal appeals (often by habeas corpus petitions) and civil rights lawsuits.
The right to petition the courts in these ways is referred to as the right of access to the courts.
9
Freedom from Retaliation Inmates who file complaints, grievances, and lawsuits against prison staff have a constitutional right to be free from retaliation.
The Supreme Court based this right on the logic that retaliation by prison staff hampers the exercise of protected constitutional rights.
In practice, this right has been difficult for inmates to assert.
Prison staff can often find legitimate reasons for taking action that was intended as retaliation.
10
Disciplinary Proceedings In the landmark case of Wolff v. McDonnell (1974), t h e Su p re m e Co u rt d e fin e d t h e co n t o u rs o f p ris o n e r righ t s d u rin g p ris o n d is cip lin a ry p ro ce e d in gs .
Wh ile n o t a ll d u e p ro ce s s righ t s d u e a crim in a l d e fe n d a n t we re d u e t h e p ris o n e r in a d is cip lin a ry p ro ce e d in g, s o m e righ t s we re p re s e rve d .
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Wolff: Advanced Notice Advance written notice of charges must be given to the disciplinary action inmate, no less than 24 hours before his appearance before the Adjustment Committee.
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Wolff: Record of Evidence There must be a written statement by the factfinders as to the evidence relied on and reasons for the disciplinary action.
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Wolff: Preparing a Defense The inmate should be allowed to call witnesses and present documentary evidence in his defense if permitting him to do so will not jeopardize institutional safety or correctional goals.
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Wolff: Confrontation The inmate has no constitutional right to confrontation and cross -examination in prison disciplinary proceedings, such procedures in the current environment, where prison disruption remains a serious concern, being discretionary with the prison officials.
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Wolff: Appointed Counsel Inmates have no right to retained or appointed counsel.
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Right to Privacy The right to privacy is closely related to the law of search and seizure.
In the landmark case of Hudson v. Palmer (1984), t h e Co u rt d e t e rm in e d t h a t in m a t e s d o n o t h a ve a re a s o n a b le e xp e ct a t io n o f p riva cy in t h e ir livin g q u a rt e rs .
In t h e Co u rt ’s ra t io n a le , t h e n e e d s o f in s t it u t io n a l s e cu rit y o u t we igh t h e in m a t e ’s righ t t o p riva cy.
Th e p o licy im p lica t io n o f t h is d e cis io n is t h a t s h a ke d o wn s m a y b e co n d u ct e d a t t h e d is cre t io n o f p ris o n s t a ff, a n d n o e vid e n ce o f wro n gd o in g is n e ce s s a ry t o ju s t ify t h e s e a rch .
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Cruel and Unusual Punishment The right to be free from cruel and unusual punishment as guaranteed by the Eighth Amendment to the United States Constitution.
The amendment only applies to criminal punishments; it has no bearing on civil cases.
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“Wanton and Unnecessary” Pain Conditions in prison must not involve the “wanton and unnecessary” infliction of pain.
Prison conditions, taken alone or in combination, may deprive inmates of the “minimal civilized measure of life’s necessities.”
If this happens, the Court will judge the conditions of confinement unconstitutional.
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Harsh Limits Conditions that cannot be said to be cruel and unusual under “contemporary standards” are not unconstitutional.
According to the Court, prison conditions that are “restrictive and even harsh,” are part of the penalty that criminal offenders pay for their “offenses against society” (Rhodes v. Chapman, 1981).
20
Estelle v. Gamble(1976) In Estelle v. Gamble (1976), the court ruled that
“Deliberate indifference by prison personnel to a prisoner’s serious illness or injury constitutes cruel and unusual punishment contravening the Eighth Amendment .”
21
Introduction to Criminal Justice
Section 6.4: Parole, Probation, and Community Sanctions
Prepared by Adam J. McKee
1
Community Corrections Parole and probation, taken together with other forms of non -prison sanctions, are called community corrections .
Th is is b e ca u s e t h e s e o ffe n d e rs re s id e in t h e co m m u n it y ra t h e r t h a n in ja il o r p ris o n .
Th e id e a o f p ro b a t io n a n d p a ro le is t o re in t ro d u ce t h e o ffe n d e r in t o s o cie t y a s a p ro d u ct ive m e m b e r.
Th e o t h e r m a jo r go a l o f p ro b a t io n a n d p a ro le is t o ke e p t h e co m m u n it y s a fe fro m p re d a t io n .
2
Cost vs. Benefit Community -based sanctions are becoming increasingly popular as corrections budgets continue to rise, and overcrowding remains an issue.
It is much cheaper to house an offender in the community than it is to keep them in prison.
It is estimated that community supervision costs less than $1,000 per person supervised, while incarceration costs as much as $30,000 per prisoner.
The push has been to increase prison time for predatory offenders, and to make room for them by finding alternatives to incarceration for nonviolent offenders.
3
Parole The practice of releasing prisoners on parole before the end of their sentences has become an integral part of the correctional system in the United States.
Parole is a variation on imprisonment of convicted criminals.
Its purpose is to help individuals reintegrate into society as constructive individuals as soon as they are able, without being confined for the full term of the sentence imposed by the courts.
4
Parole Conditions It also serves to lessen the costs to society of keeping an individual in prison.
The essence of parole is release from prison, before the completion of sentence, on the condition that parolees abide by certain rules during the balance of the sentence.
5
Variants Under some systems, parole is granted automatically after the service of a certain portion of a prison term.
Under others, parole is granted by the discretionary action of a board, which evaluates an array of information about a prisoner and makes a prediction whether he is ready to reintegrate into society.
6
Common Conditions To accomplish the purpose of parole, those who are allowed to leave prison early are subjected to specified conditions for the duration of their parole.
These conditions of parole restrict their activities substantially beyond the ordinary restrictions imposed by law on an individual citizen.
Typically, parolees are forbidden to use alcohol and other intoxicants or to have associations or correspondence with certain categories of undesirable persons (such as felons).
7
Permission Required Typically, also they must seek permission from their parole officers before engaging in specified activities, such as changing employment or housing arrangements, marrying, acquiring or operating a motor vehicle, traveling outside the community, and incurring substantial indebtedness.
Additionally, parolees must regularly report to their parole officer.
8
Parole Officers The parole officers are part of the administrative system designed to assist parolees and to offer them guidance.
Through the requirement of reporting to the parole officer and seeking guidance and permission before doing many things, the officer is provided with information about the parolee and an opportunity to advise him.
The combination puts the parole officer into the position in which he can try to guide the parolee into constructive development.
9
Revocation The enforcement advantage that supports the parole conditions derives from the authority to return the parolee to prison to serve out the balance of his sentence if he fails to abide by the rules.
In practice, not every violation of parole conditions automatically leads to revocation.
10
Not Always Typically, a parolee will be counseled to abide by the conditions of parole, and the parole officer ordinarily does not take steps to have parole revoked unless he thinks that the violations are serious and continuing so as to indicate that the parolee is not adjusting properly and cannot be counted on to avoid antisocial activity.
11
How Common? The broad discretion accorded the parole officer is also inherent in some of the quite vague conditions, such as the typical requirement that the parolee avoid “undesirable” associations or correspondence.
Yet revocation of parole is not an unusual phenomenon, affecting only a few parolees.
According to the Supreme Court in Morrissey v. Brewer, 35% – 45% o f a ll p a ro le e s a re s u b je ct e d t o re vo ca t io n a n d re t u rn t o p ris o n .
12
New Crimes Sometimes revocation occurs when the parolee is accused of another crime.
It is often preferred to a new prosecution because of the procedural ease of recommitting the individual on the basis of a lesser showing by the State.
13
Probation Probation is very similar to parole, and many of the legal issues are identical.
Many jurisdictions combine the job of probation and parole officer, and these officers are often employed in departments of community corrections.
The most basic difference between probation and parole is that probationers are sentenced to community sanctions rather than a prison sentence.
14
Split Sentences Parolees have already served at least some prison time.
Some jurisdictions can sentence an offender to a split sentence.
A split sentence requires the offender to stay in prison for a short time before being released on probation.
15
The Roots of Probation Most criminal justice historians trace the roots of modern probation to John Augustus, who began his professional life as a businessperson and boot maker.
Augustus became known as the father of probation largely due to his strong belief in abstinence from alcohol.
He was an active member in the Washington Total Abstinence Society, an organization that believed criminals motivated by alcohol could be rehabilitated by human kindness and moral teachings rather than incarceration.
16
John Augustus His work began in earnest when, in 1841, he showed up in a Boston police court to bail out a “common drunkard.”
Augustus accompanied the man on his court date three weeks later, and those present were stunned at the change in the man. He was sober and well kempt.
For 18 years, he served in the capacity of a probation officer on a purely voluntary basis.
Shortly after his death in 1859, a probation statute was passed so that his work could continue under the auspices of the state.
17
Models Over Time With the rise of psychology’s influence in the 1920s, probation officers moved from practical help in the field to a more therapeutic model.
The pendulum swung back to a more practical bent in the 1960s when probation officers began to act more as service brokers.
They assisted probationers with such things as obtaining employment, obtaining housing, managing finances, and getting an education.
18
Levels of Supervision Many jurisdictions have several levels of supervision.
The most common distinction between levels of probationers is active supervision and inactive supervision.
Probationers on active supervision are required to report in with a probation officer at regular intervals.
Probationers can be placed on inactive supervision because they committed only minor offenses.
19
“Checking In” The preferred method of checking in depends on the jurisdiction.
Many require in person visits, but some jurisdictions allow phone calls and checking in via mail.
Inactive probationers are not required to check in at all or very infrequently.
Checking in with an officer is a condition of probation.
Other conditions often include participation in treatment programs, paying fines, and not using drugs or alcohol.
20
Violators and Absconders If these conditions are not followed, the the probationer is said to be a violator .
Vio la t o rs a re s u b je ct t o p ro b a t io n re vo ca t io n .
Re vo ca t io n s o ft e n re s u lt in a p ris o n s e n t e n ce , b u t s o m e vio la t o rs a re give n s e co n d ch a n ce s , a n d s o m e a re s e n t e n ce d t o s p e cia l p ro gra m s fo r technical violations .
Ma n y ju ris d ict io n s cla s s ify absconders d iffe re n t ly t h a n o t h e r vio la t o rs .
An absconder is a p ro b a t io n e r (o r p a ro le e ) t h a t s t o p s re p o rt in g a n d “d is a p p e a rs .”
21
“Mass Community Supervision” Following the trend of mass incarceration in the United States over the past several decades has been a similar trend in what has been called “mass community supervision.”
In 1980, about 1.34 million offenders were on probation or parole in the United States. That figure exploded to nearly 5 million by 2012.
22
Shocking Statistics The Bureau of Justice Statistics ( Maruschak & Parks, 2014) provides a look at these numbers from a different vantage point: about 1 in 50 adults in the United States were under community supervision at yearend 2012.
The community supervision population includes adults on probation, parole, or any other post -prison supervision.
23
Officer Roles Many jurisdictions combine the role of probation officer and parole officer into a single job description.
In Gagnon v. Scarpelli (1973), the court had this to say of the duties of the such officers:
“While the parole or probation officer recognizes his double duty to the welfare of his clients and to the safety of the general community, by and large concern for the client dominates his professional attitude. The parole agent ordinarily defines his role as representing his client’s best interests as long as these do not constitute a threat to public safety.”
24
A Familiar Dichotomy This statement suggests a dichotomy in the responsibility of parole (and probation) officers.
These must look out for the best interest of the client as well as looking out for the best interest of the public.
This fact frequently enters into politics.
Liberals tend to focus on the treatment and rehabilitation of the offender, and conservatives focus more on the safety of the public and just deserts for the offender.
25
Many Hats From the perspective of the parole officers, they must perform law enforcement duties that are designed to protect the public safety.
These functions very much resemble the tasks of police officers.
They are also officers of the court, and are responsible for enforcing court orders.
These orders often include such things as drug testing programs, drug treatment programs, alcohol treatment programs, and anger management programs.
26
Powerful Advice Officers are often required to appear in court and give testimony regarding the activities of their clients.
They frequently perform searches and seize evidence of criminal activity or technical violations.
The courts often ask officers to make recommendations when violations do occur.
Officers may recommend that violators be sent to prison, or continue on probation or parole with modified conditions.
27
Intermediate Sanctions Traditionally, a person convicted of an offense was sentenced to probation, or sentenced to prison: There was no middle ground.
The purpose of intermediate sanctions is t o s e e k t h a t m id d le gro u n d b y p ro vid in g a p u n is h m e n t t h a t is m o re s e ve re t h a n p ro b a t io n a lo n e , ye t le s s s e ve re t h a n a p e rio d o f in ca rce ra t io n .
28
Intensive Supervision Probation (ISP) Offenders given to this sort of intermediate sanction are assigned to an officer with a reduced caseload.
Caseloads are reduced in order to provide the officer with more time to supervise each individual probationer.
Frequent surveillance and frequent drug testing characterize most ISP programs.
Offenders are usually chosen for these programs because they have been judged to be at a high risk for reoffending.
29
Work Release Programs Work release programs are designed to maintain environmental control over offenders while allowing them to remain in the workforce.
Most often, offenders sentenced to a work -release program reside in a work release center, which can be operated by a county jail, or be part of the state prison system.
Either way, work -release center residents are allowed to leave confinement for work -related purposes. Otherwise, they are locked in a secure facility.
30
Boot Camps Correctional boot camps are facilities run along similar lines to military boot camps.
Military -style discipline and structure along with rigorous physical training are the hallmarks of these programs.
Usually, relatively young and nonviolent offenders are sentenced to terms ranging from three to six months in boot camps.
Research has found that convicts view boot camps as more punitive than prison, and would prefer prison sentence to being sent to boot camp.
31
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6.5: Probation, Parole, and the Law
Criminal Justice | Section 6.5: Probation, Parole, and the Law
Section 6.5: Probation, Parole, and the Law
For most of the history of probation and parole in the United States, o�enders were
viewed as having received a gift from the state when they were not sent to prison.
Because being on probation or parole was viewed as a privilege conferred by the
state, most states believed that they were under no obligation to provide
probationers and parolees with the elements of due process they were a�orded
prior to conviction. In today’s legal landscape, the Supreme Court has intervened
and now probationers and parolees enjoy some, but not all, of the protections
a�orded by the Constitution. Note that most of the Supreme Court decisions
regarding the rights of probationers and parolees blur the distinction. That is, most
of the Court’s rulings on probation issues apply to parole as well, and vice versa.
Revocation of Parole
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Implicit in the criminal justice system’s concern with parole violations is the idea
that individuals on parole are entitled to retain their liberty as long as they largely
abide by the conditions of parole (or probation). When parolees do fail to live up to
these standards, their parole can be revoked. The �rst step in the parole
revocation process involves answering a factual question: whether the parolee has
in fact acted in violation of one or more conditions of his or her parole. Only if it is
determined that the parolee did violate the conditions does the second question
arise: should the parolee be recommitted to prison or should other steps be taken to
protect society and improve chances of rehabilitation?
The second question involves the application of expertise by the parole authority in
making a prediction as to the ability of the individual to live in society without
committing antisocial acts. This part of the decision, too, depends on facts, and
therefore it is important for the parole board to know not only that some violation
was committed but also to know accurately how many and how serious the
violations were. Yet this second step, deciding what to do about the violation once it
is identi�ed, is not purely factual but also predictive and discretionary.
Parole revocation is very serious for the o�ender. If a parolee is returned to prison,
he or she usually receives no credit for the time “served” on parole. Thus, the
violator may face a potential of substantial imprisonment. Revocation deprives an
individual, not of the absolute liberty to which every citizen is entitled, but only of
the conditional liberty properly dependent on observance of special parole
restrictions. This means that the legal standards for parole revocation are not the
same as a �nding of guilt in criminal court.
D U E P R O C E S S
The liberty of a parolee, although indeterminate, includes many of the core values
of unquali�ed liberty and its termination in�icts a “grievous loss” on the parolee
and often on others. Historically, it was common for judges to speak of this problem
in terms of whether the parolee’s liberty was a “right” or a “privilege.” By whatever
name, the Supreme Court has determined that liberty is valuable and must be seen
as within the protection of the Fourteenth Amendment. Because of this, the courts
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have determined that its termination calls for some orderly process, however
informal.
In Morrissey v. Brewer (1972), the Supreme Court refused to write a code of
procedure for parole revocation hearings; that, they said, is the responsibility of
each State. In this case, the court pointed out that most States have set out
procedures by legislation. The Supreme Court did establish a list of minimum due
process requirements that must be followed in all revocation proceedings. They
include (a) written notice of the claimed violations of parole; (b) disclosure to the
parolee of evidence against him; (c) opportunity to be heard in person and to
present witnesses and documentary evidence; (d) the right to confront and cross-
examine adverse witnesses (unless the hearing o�cer speci�cally �nds good cause
for not allowing confrontation); (e) a “neutral and detached” hearing body such as
a traditional parole board, members of which need not be judicial o�cers or
lawyers; and (f) a written statement by the fact�nders as to the evidence relied on
and reasons for revoking parole.
Speci�cally, then, Morrissey held that a parolee is entitled to two hearings, one a
preliminary hearing at the time of his arrest and detention to determine whether
there is probable cause to believe that he has committed a violation of his parole,
and the other a somewhat more comprehensive hearing prior to the making of the
�nal revocation decision.
In Gagnon v. Scarpelli (1973), the court considered the problem of probation
revocation hearings. In Scarpelli, the court stated:
Petitioner does not contend that there is any di�erence relevant to the guarantee of
due process between the revocation of parole and the revocation of probation, nor
do we perceive one. Probation revocation, like parole revocation, is not a stage of
criminal prosecution but does result in a loss of liberty. Accordingly, we hold that a
probationer, like a parolee, is entitled to a preliminary and a �nal revocation
hearing, under the conditions speci�ed in Morrissey v. Brewer.
In Mempa v. Rhay (1967), the Court held that a probationer is entitled to be
represented by appointed counsel at a combined revocation and sentencing hearing.
Reasoning that counsel is required “at every stage of a criminal proceeding where
substantial rights of a criminal accused may be a�ected.”
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The Fourth Amendment
As with due process rights, a person’s Fourth Amendment rights are not nulli�ed
just because they are convicted of a crime. What makes probationers and parolees
di�erent than the average citizen are their conditions of release. Most states
require parolees to give up their right to be free from unreasonable searches as part
of their conditions. Because the parolee is giving up Fourth Amendment rights, this
element is often referred to as a Fourth waiver. The rules that govern o�cer
conduct vary from state to state. In some states, an o�cer must have reasonable
suspicion before conducting a probation search. In many states, an o�cer can
conduct a suspicionless search at any time, without reason to believe that the
o�ender committed a new crime. Who may search also varies from jurisdiction to
jurisdiction. Some jurisdictions only allow probation and parole o�cers to search
without probable cause, and some extend this authority to police o�cers as well.
Conditions of Probation and Parole
As previously discussed, o�enders are only granted probation or parole if they
agree to abide by certain, speci�ed conditions. These can be general conditions that
apply to all o�enders released in a particular jurisdiction, or they can be tailored to
the special needs of a particular o�ender. The intent of these conditions is to help
ensure that the dual objectives of control and rehabilitation are met. Because of the
fragmented nature of courts in the United States, there is a great deal of variability
in the philosophy and practice of imposing these conditions.
The power to impose conditions of probation and parole is most often vested in the
courts. Judges have immense discretion when it comes to choosing conditions. Most
courts rely on community corrections o�cers to make suggestions, but the �nal
say is up to the judge. This wide discretion is not, however, without bounds.
C L A R I T Y
Recall the void for vagueness doctrine discussed in the criminal law chapter. The basis
of this legal limit on the power of lawmakers is that it is fundamentally unfair when
a reasonable person cannot �gure out what exactly a law prohibits. The courts have
viewed conditions of probation in the same light. In other words, if the o�ender
cannot �gure out what exactly is prohibited because the speci�cation of the
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condition is too vague, then the condition is unconstitutional. In practice, this
means that conditions of probation can vary widely in subject, purpose, and scope,
but what is prohibited (or mandated) must be speci�ed in such a way that there is
no confusion as to what is required. Conditions that are crafted in vague terms such
as “must live honorably” will be struck down by the courts.
R E A S O N A B L E N E S S
In the context of probation and parole conditions, the term reasonableness is often
synonymous with realistic. The basic requirement is that the conditions set forth by
the judge must be such that the o�ender has the ability to abide by them. If the
o�ender is likely to fail because the conditions cannot possibly be complied with,
then the condition will be deemed not reasonable by the courts. It would be
unreasonable, for example, to order an indigent o�ender to pay $10,000 a month in
restitution. Addicts have argued that it is unreasonable to expect them to refrain
from drug and alcohol use because of the nature of addiction. These claims fail the
vast majority of the time. Various courts have reasoned that drug use is illegal, and
illegal behavior by probationers and parolees cannot be tolerated.
Related to Protection and Rehabilitation
Since the major goals of probation and parole are to protect society from crime and
to rehabilitate the o�ender, conditions of probation and parole must be reasonably
related to one or both of these objectives. If a condition does not relate to these
objectives, it will likely be struck down by the courts. In practice, this gives judges a
very wide latitude in selecting conditions that may be related to these goals. Many
courts have struck down conditions of probation that were obviously intended to be
“scarlet letter” punishments.
C O N S T I T U T I O N A L I T Y
Several courts have nulli�ed conditions that were contrary to constitutionally
protected actions. When constitutional rights are at stake, the government will
usually have to establish a compelling state interest in violating the right. In other
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words, the appellate court will balance the interest the state has in curtailing the
right with the cost to the o�ender. Some rights are a�orded greater protection by
the court than other rights. These special liberties are often referred to
as fundamental rights. The freedom of the press, freedom of assembly, freedom of
speech, and freedom of religion are among these fundamental rights. For example,
courts have struck down conditions that required an o�ender to attend Sunday
school on a regular basis. The court reasoned that forcing someone to participate in
a church activity violated the o�ender’s freedom of religion. As previously
discussed, Fourth Amendment rights are not nearly so well protected.
Key Terms
Conditions of Release, Fourth Waiver, Fundamental Rights, Mempa v.
Rhay (1967), Morrissey v. Brewer (1972), Parole Revocation
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Last Updated: 06/04/2021
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This study guide is designed to help students learn the terms and definitions used in Criminal Justice: An Overview of the System, an Open Educational Resource (OER) developed by Adam J. McKee. As an OER, this document may be copied and distributed freely for educational purposes.
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Criminal Justice: An Overview of the System
Module 6: Prisons, Jails, and Community Corrections
Section 6.5: Probation, Parole, and the Law
Conditions of Release: Rules that person released on bail must follow in order to stay out of jail, such as not leaving the jurisdiction of the court. Fourth Waiver: A common condition of probation and parole whereby probationers and parolees waive their right to be free from unreasonable government searches and seizures. Fundamental Rights: A category of rights that the SCOTUS has set aside as deserving special protection from infringement by the government. Mempa v. Rhay (1967): A landmark SCOTUS decision in which the Court decided that a probationer has the right to counsel in a hearing where a suspended prison sentence may be imposed. Morrissey v. Brewer (1972): A landmark SCOTUS decision in which the court determined that a revocation hearing must be held to determine the factual basis of a probation revocation. Parole Revocation: The process of sending an offender back to prison for violating the conditions of parole.
- INTRO-Section-6-1-print
- Introduction to Criminal Justice
- Jails
- The Evolved Role of Jails
- Today’s Jails
- A Dynamic Need
- Population Diversity
- Major Functions
- Booking and Intake
- Custody
- Pretrial Detention
- Other Judicial Hearings
- How Many Jails Are There?
- Jail Size
- Regional Facilities
- Judicial Influence
- Jails for Punishment
- Other Goals
- Misc. Functions
- Other Government Purposes
- Jail Populations
- Emotional & Behavioral Problems
- Outside Influences on Jails
- Juvenile Detention
- Juvenile Trends
- Physical Security
- Types of Juvenile Facilities
- INTRO-Section-6.2_-Prisons-PRINTABLE
- Introduction to Criminal Justice
- Assessment
- Goals of Assessment
- Prisoner Choice?
- Development of Prisons
- Penitentiaries
- Pennsylvania System
- Criticisms of the Pennsylvania System
- The New York System
- Did It Work?
- The Lease System
- Deplorable Conditions
- The Reformatory Movement
- The Elmira Reformatory
- The Mark System
- The Rehabilitation Model
- The Medical Model
- The Crime Control Model
- Reform Still Needed
- Prison Classifications
- Maximum-security Prisons
- Maximum Security Characteristics
- Death Row
- Medium-security Prisons
- Minimum-security Prisons
- Minimum Security Differences
- Women’s Prisons
- Gender Differences
- Gender Segregation
- Private Prisons
- Special Populations
- Prison Overcrowding
- Prison Programs
- INTRO-Section-6.3_-Prisoners-Rights-PRINTABLE
- Introduction to Criminal Justice
- Prisoner’s Rights in America
- Hudson v. Palmer (1984)
- Political Rights
- Status and Voting Rights
- Free Speech and Assembly
- Freedom of Religion
- Policy v. Religion
- Access to the Courts
- Freedom from Retaliation
- Disciplinary Proceedings
- Wolff: Advanced Notice
- Wolff: Record of Evidence
- Wolff: Preparing a Defense
- Wolff: Confrontation
- Wolff: Appointed Counsel
- Right to Privacy
- Cruel and Unusual Punishment
- “Wanton and Unnecessary” Pain
- Harsh Limits
- Estelle v. Gamble (1976)
- INTRO-Section-6.4_-Parole-Probation-and-Community-Sanctions-PRINTABLE
- Introduction to Criminal Justice
- Community Corrections
- Cost vs. Benefit
- Parole
- Parole Conditions
- Variants
- Common Conditions
- Permission Required
- Parole Officers
- Revocation
- Not Always
- How Common?
- New Crimes
- Probation
- Split Sentences
- The Roots of Probation
- John Augustus
- Models Over Time
- Levels of Supervision
- “Checking In”
- Violators and Absconders
- “Mass Community Supervision”
- Shocking Statistics
- Officer Roles
- A Familiar Dichotomy
- Many Hats
- Powerful Advice
- Intermediate Sanctions
- Intensive Supervision Probation (ISP)
- Work Release Programs
- Boot Camps
- Criminal Justice _ Section 6.5_ Probation, Parole, and the Law _ Professor McKee's Things and Stuff
- Intro_Section_6.5
8.1. A Brief History of The Philosophies of Punishment
DAVID CARTER
A Brief History of Punishment Feeling safe and secure in person and home is arguably one of the most discussed feelings in our nation
today. The “fear of crime” influences how we think and act day to day. This has caused great fluctuation
in the United States in regards to how we punish people who are convicted of violating the law. In part,
punishment comes from the will of the people, which is then carried out through the legislative process, and
converted into sentencing practices. People have differing views on why people should be punished, and
how much punishment they should receive. These correctional ideologies, or philosophical underpinnings
of punishment, have been prevalent throughout history, and are not brand new in the United States. This
section details basic concepts of some of the more frequently held punishment ideologies, which include:
retribution, deterrence, incapacitation, and rehabilitation.
In the News: One of the more frequently used statistics in the news about crime is homicides in the United States. Often, you will hear something about a homicide rate or the number of homicides in a
state, or a city for a particular year. An interesting clarifier about this number is that it typically does
not include a number of deaths in prison. Deaths in prison occur every year, yet these are not normally
counted in any statistic. In 2014, there were approximately 3,927 deaths that occurred in prisons in the
United States. There are a variety of reasons for these deaths, to include homicide. For more information
on this, look up – Mortality in Correctional Institutions (MCI). This is also formerly known as Deaths
in Custody Reporting Program (DCRP). The Bureau of Justice Statistics houses and publishes data on
this phenomenon. Additionally, this is a voluntary reporting structure, which may actually not capture all
deaths that occur in prison. https://www.bjs.gov/index.cfm?ty=dcdetail&iid=243
Philosophies of Punishment Example
311
Two stories come on during the crime section of the 6 o’clock news. In the first story, a man is described as a
convicted sex offender. He is living at an address that you know is in your city. Citizens that live on the streets
nearby his address are shown picketing in front of his house, voicing their displeasure that he is allowed to live
there. The video shows how angry the neighborhood is, and you can visibly see their frustration and angst on the
people’s faces in the news clip.
The second story is of a woman who was detained (shown in the back of a squad car) for stealing food from a
local grocery store, apparently to feed her children. The store manager is then on the screen describing that he is
offering to donate the food to her so that she does not have to spend time in jail or get into any more trouble.
How do these two stories make you feel? Is it the same feeling for each story? Does one of these stories make
you feel more afraid of crime? More angry or upset? Which one? Who deserves to get punished more? How much
punishment should they get? The answers to questions like these instantly flood our thoughts as we are watching
news blurbs like this, and in general, when we hear about a crime. This is all normal. And, this process is what
generates our own personal punishment ideology.
Now, which one of these two individuals has actually committed a crime? A second point to this story is that our
perceptions of punishment can be influenced by the narrative (what is presented to us).
Although the change in our overall perception or use of the rehabilitation ideology is slow, it is necessary.
As we will see in the next sections, our reliance on the “Brick and Mortar” approach to punishment comes
at a great cost, and the results are less than desirable.
ALISON S. BURKE, DAVID CARTER, BRIAN FEDOREK, TIFFANY MOREY, LORE RUTZ-BURRI, AND SHANELL SANCHEZ
312
8.2. Retribution
DAVID CARTER
Retribution Retribution, arguably the oldest of the ideologies/philosophies of punishment, is the only backward-
looking philosophy of punishment. That is, the primary goal of retribution (in its original form) is to
ensure that punishments are proportionate to the seriousness of the crimes committed, regardless of the
individual differences between offenders, other than mens rea and an understanding of moral culpability. Thus, retribution focuses on the past offense, rather than the offender. This can be phrased as “a balance
of justice for past harm.” People committing the same crime should receive a punishment of the same type
and duration that balances out the crime that was committed. The term-backward-looking means that the
punishment does not address anything in the future, only for the past harm done.
It is argued as the oldest of the main correctional/punishment ideologies because it comes from a basic
concept of revenge, or “an eye for an eye.” This concept of an eye for an eye, or vengeance, basically means
that if someone perceives harm, they are within their right to retaliate at a proportional level. This idea that
retaliation against a transgression is allowable has ancient roots in the concept of Lex Talionis, which roughly
translates into the law of retaliation. A person who injures someone should be punished with a similar
amount of harm (punishment). This concept was developed in early Babylonian law, and it is here that we
see some of the first written forms of customs and practices. Thus, around 1780 b.c., the Babylonian Code,
or the Code of Hammurabi, is considered the first attempt to codify practices by individuals of a group.
We recognize these today to be our first attempt at written laws. These laws (pictured below) represent a
retributive approach to punishment. That is proportional punishments for past harms done.
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Hammurabi Code
The retributivist philosophy also calls for any suffering beyond what was originally intended during
sentencing to be removed. This is because the dosage of punishment is the core principle of retribution:
offenders who commit the same crime must receive the same punishment. Punishments beyond the original
balancing of justice for the past harm is outside of the scope of retribution, and thus, does not fit with
retribution. This also helps to explain why retribution is a backward-looking ideology. As we continue
forward in the history of punishment, we see changes to our perceptions of how to react to crime. This
includes our changing views of punishment, to include punishment ideologies that are more forward-
looking.
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8.3. Deterrence
DAVID CARTER
Deterrence Forward-looking ideologies are designed to provide punishment, but also to reduce the level of
reoffending (recidivism) through some type of change, while the backward-looking approach is solely for the punishment of the offender’s past actions. This change in how we view punishment is a large
shift that has ripples in culture, the politic of the times, and even religion. Moving many eras forward
from Hammurabi, deterrence is the next major punishment ideology. Rooted in the concepts of classical
criminology, deterrence is designed to punish current behavior(s), but also ward off future behaviors through
sanctions or threats of sanctions. Moreover, it can be focused on a group or on one individual. Thus, the
basic concept of deterrence is “the reduction of offending (and future offending) through the sanction or threat of sanction.”
When looking at punishment through this deterrent design, it can be split into two distinct categories:
general and specific. Specific deterrence is geared towards trying to teach the individual offender a lesson. It is meant to better that individual so they will not recidivate. By punishing the offender (or threatening
a sanction), it is assumed they will not commit a crime again. It is this point that makes deterrence a
forward-looking theory of punishment. General deterrence runs along the same track as specific deterrence.
However, general deterrence differs by when one person offends, the punishment received is going to be the same for all. In this way, the group doing the punishing attempts to relay the message of future events to
the masses. If someone commits this act, they will be punished; this is part of the core design for deterrence.
Some other principles of deterrence to discuss in brief are: marginal, absolute, and displacement. Marginal
deterrence works on the principle that the action itself is only reduced in amount by the offender, not
removed. An example of this would be, a person sees a police officer sitting on the side of the freeway. If
they are driving 70 mph, they might slow to 58 mph. Technically, they may still be breaking the law, yet
their level of criminal behavior has been reduced. Absolute deterrence is a surrealistic concept often thought
to be created by Robert Peel, in his idea of creating a police force to remove all crime. In today’s standards,
we know this to be false. There is little to no evidence to support that all crime can be deterred within a
specific area, or even in general. Displacement argues that crime is not deterred, but rather, it is shifted on
three levels. It may be shifted by time, location, or the type of crime committed. Instead of someone stealing
cars on the weekend, they may sell drugs during the day. Although the weekend crime carjacking rate will
decrease, the daily drug trade will increase.
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In order for all of these principles of deterrence to work, the people who are involved (meaning society
as a whole) must have a conceptual (perceived) idea of the level of punishment they will receive. For the
efficacy of this theory, three key things must be instilled within each individual in society. They must have
free will, some amount of rationality, and felicity. Free will refers to everyone’s ability to make choices about
their future actions, like choosing when to offend and not offend. They must also have a rationalistic ability
(ability to be rational) to see what the outcomes of their choices will be. The third element, hedonism (or
a hedonistic calculus), is essential. We must desire more pleasurable things than harmful ones. It is more
probable that crime will be deterred if all three of these elements are in place within society. This is both a
strength and weakness of the deterrence theory.
Deterrence theory works on these three key elements: certainty, celerity, and severity, in incremental steps. First, by making certain, or at least making the public think that their offenses are not going to go
unpunished, then there will be a deterrent factor. As Beccaria relates, this is the most important of these
three elements within deterrence theory. The celerity, or swiftness of punishment, is a secondary factor in
rationalizing for the offender. If they know how swift the punishment will be, they will not offend. These
concepts were cornerstones to the works of Cesare Beccaria (1738-1794), an Italian philosopher in the latter
half of the 18th century. Beccaria’s works were profound, and many of his concepts helped to shape the U.S.
Bill of Rights. He is also considered the Father of the Classical School of Criminology, and a prominent
figure in penology. According to Beccaria, “For punishment to attain its end, the evil which it inflicts has
only to exceed the advantage derivable from the crime… All beyond this is superfluous and for that reason
tyrannical.” 1
1. Beccaria, 1764/1963, 43.
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Cesare_Beccaria_1738-1794.jpg
In saying this, Beccaria refers to the severity or amount of punishment. It is not how much punishment that
is the primary motivator of deterrence, rather, the certainty. If deterrence is to work, the ideology of the
punishment is what should drive this goal of corrections.
Today, we have a better understanding of the effectiveness of deterrence. It does appear to work for lower
level offenses, and for individuals that are generally prosocial. However, the overall effect of deterrence is
limited. For more detail on things to know about deterrence, please see: https://www.ncjrs.gov/pdffiles1/nij/
247350.pdf
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8.4. Incapacitation
DAVID CARTER
Incapacitation Rooted in the concepts of banishing individuals from society, incapacitation is the removal of an
individual (from society), for a set amount of time, so as they cannot commit crimes (in society) for an
amount of time in the future. In British history, this often occurred on Hulks. Hulks were large ships that carried convicted individuals off to far away lands. The point was to not allow them to be able to commit
crimes in their community any longer.
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The_Warrior_prison_ship.JPG
In the 1950s, punishment became much more of a political topic in the United States, and this is one of the
issues that started this section, our perceptions of the fear of crime. Lawmakers, justicians, and others began
to campaign with their toughness on crime, using the fear of crime and the criminal element to benefit
their agendas. One of the examples of being tough on crime was the use of long periods of incarceration
in general. This could be considered as collective incapacitation, or the incarceration of large groups of individuals to remove their ability to commit crimes for a set amount of time in the future.
Since this time, and most greatly exacerbated in the 1980s and 1990s, there has been the increasing use of
punishment by prison sentences. Thus, we saw rapid growth in the prison population in the United States.
The ‘politicization of punishment’ increased the overall prisoner levels in two ways. First, by changing the
views toward the discretion allowed to decision makers, we have gotten tougher on crime. In turn, more
people are being sentenced to prison that may have otherwise gone to a specialized probation or community
sanction alternatives. Second, these same attitudes have led to harsher and lengthier punishments for certain
crimes. Offenders are being sent away for longer sentences, which has caused the intake-to-release ratio to
change, causing enormous buildups of the prison population.
The incapacitative ideology followed this design for several decades. In the early 1990s, policies were
implemented that would target individuals more specifically. These would come to be known as “three-
strikes” policies. These policies would incarcerate an individual for greater lengths of time, based on prior
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offenses. The selective incapacitation philosophy incarcerated individuals for longer periods of time than others. Thus, it removed their individual ability to commit crimes (in society) for greater periods of time in
the future than others.
There are mixed feelings about selective and collective incapacitation. Policymakers would promote their
utility through anecdotal examples of locking certain offenders away, in order to help assuage the fear of
crime. Others have offered that there are minimal savings at best, stating that these goals do not achieve the
intended results as previously suggested. 1
Future styles of selective incapacitation that have evolved include
tighter crime control strategies that incorporate variated sentencing strategies to selectively incapacitate the
higher rate offender. Others opt for tougher parole procedures to retain the hardened criminals longer.
In sum, we do see a definite shift from the insignificance of collective incapacitation, to a more selective
approach.
In all, we are still left with the same questions, does it work? And, at what cost? Do these lengthier
punishments for particular crimes have an effect by selectively incapacitating hardened criminals? Are there
other methods that seem the same or are more effective than the ones already in practice? This takes us to
the last of the four main punishment ideologies, rehabilitation.
1. Blokland, A.A.J., & Nieuwbeerta, P. J (2007). Selectively incapacitating frequent offenders: Costs and benefits of various penal scenarios. Journal of Quantitative Criminology, 23: 327. https://doi.org/10.1007/s10940-007-9033-3
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8.5. Rehabilitation
DAVID CARTER
Rehabilitation Although not as old as some of the older ideologies, rehabilitation is not brand new. Additionally, it is the
only one of the four main ideologies that most accurately attempts to address all three goals of corrections,
which are:
1. Punish the offender
2. Protect Society
3. Rehabilitate the offender.
Certainly, all four ideologies address the first two goals, punishment, and societal protection. However,
the goal of rehabilitating the offender is either silent, or not addressed in retribution, deterrence, or
incapacitation. This does come as a cost. As we will talk about in more detail when covering prisons and
jails, there is a great paradox that is happening in our society when we heavily rely on jails and prisons. Most
offenders will come out of institutions (roughly 95% of all people who enter prisons are released), and little is
done to change them while they are there. This is mostly due to our attitudes towards offenders, the policies
that are necessarily placed on individuals while they are locked up, and the institutions themselves. And yet,
there is the expectation that these individual leaving prisons will not commit crimes in the future.
The question here is this: what have we done to change them so that they are not reoffending? Without
the incorporation of some form of rehabilitation, the answer is fairly clear… Nothing. Yet, we expect it.
Rehabilitation has taken on different forms through its history in the United States. We have considered
individuals out of touch with God, and so offenders needed to be penitent, in order to get right with God.
One of America’s earliest prisons was designed with this in mind. The Eastern State Penitentiary, opening
in 1829, included outside reflection yards; so that offenders could look up to God for penance.
To see more of this prison, visit https://www.easternstate.org/.
Reformatories were another example of how rehabilitation was viewed in the past. The reform movement
tried to rehabilitate the offender through more humane treatment, to include basic education, religious
services, work experience, and general reform efforts. This was done in an effort to reform individuals, thus
allowing them to come back to society. The Elmira Reformatory was one of the earliest efforts of the reform
ideal, and many prisons built in the United States were based on this prison. Below is a picture of Elmira.
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Elmira Reformatory
Other attempts at rehabilitation included more medical approaches. In the past, offenders were viewed
as sick, and in need of medical cures. This medical approach, while greatly reduced, is still used in some
areas today. For example, the chemical castration of certain offenders does still occur. For example HB 2543,
in Oklahoma, in September of 2018, focuses on the mandated use of medroxyprogesterone acetate as a
treatment, and is required before appropriate release of convicted sex offenders.
Rehabilitation, as an ideology has had critics. This is in large part due to how it is perceived. Many
have voiced an objection, as it is seen as being “soft” on offenders. This is also how it has been discounted
when coupled with the fear of crime. Several examples are presented as to its ineffectiveness, and weakness
to the problem of crime. Probably the most notable example of the ineffectiveness of rehabilitation came
in the 1970s. In 1974, Robert Martinson provided support for many that were clambering to demonstrate
that the ideas of rehabilitation were ineffective. In a review of over 230 programs, Martinson concluded
that “With few and isolated exceptions, the rehabilitative efforts that have been undertaken so far have had
no appreciative effect on recidivism” (Martinson, 1974, p. 25). 1
This was the spark that many needed to
turn toward the more punitive ideologies that we have so far discussed. However, it did help some to ask
more detailed questions about why rehabilitation was not working. Additionally, it helped researchers to ask
more critical questions about measurement, how to more properly evaluate rehabilitation and to understand
the difference of what does not work versus what does work for offenders. These principles of effective
intervention become the cornerstone of modern rehabilitation.
Understanding Risk and Needs in Rehabilitation
1. Martinson, R. (1974). What works? Questions and answers about prison reform. Public Interest 35, 22-54.
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Today’s rehabilitative efforts do still carry punishment and societal protection as goals, but the focus of
rehabilitation is on the changing of offenders behaviors so that they are not committing crimes in the future.
This is done by understanding what are the items that make offenders at risk for offending. Additionally,
based on the levels of risk items, some offenders are at higher risk for offending than other offenders. This
includes items like prior criminal history, antisocial attitudes, antisocial (pro-criminal) friends, a lack of
education, family or marital problems, a lack of job stability, substance abuse, and personality characteristics
(mental health and antisocial personality). Collectively these are considered as risk factors for offending
(re-offending). While we can change the number of priors someone already has, all of these other items
can be addressed. These are considered as criminogenic needs. Criminogenic needs are items that when
changed, can lower an individual’s risk of offending. This is a core component of Paul Gendreau’s (1996)
principles of effective intervention, and are at the heart of most modern effective rehabilitation programs. 2
Additionally, thousands of offenders have been assessed on these items, which has helped to develop
evidence-based rehabilitation practices. These are efforts that are based on empirical data about offenders.
When these criminogenic needs are addressed, higher-risk offenders demonstrate positive reductions in their
risk to offend.
Over the last 40 years, efforts to change these characteristics, in order to reduce offending have been
varied. One of the most useful approaches to changing the antisocial attitudes and behaviors of offenders
has come in the form of behavioral and cognitive behavioral change efforts. Cognitive behavioral change
for offenders is based on the concepts that the behaviors that one exhibit can be changed by changing
the thinking patterns behind (before) the behaviors are exhibited. That is (criminal) behavior is based on
cognition, values, and beliefs that are learned vicariously through the interactions and observations of others.
It is especially relevant since we are receiving individuals from prison, where these ideas, peers, values, and
beliefs may dominate the institution. For a more detailed explanation, please see https://www.apa.org/ptsd-
guideline/patients-and-families/cognitive-behavioral.pdf.
Today, evidence-based rehabilitative efforts are now used as benchmarks when establishing programs that
are seen as effective, versus ones that show little to no (or even negative) results. Rehabilitation programs
that follow these principles of effective intervention are showing that they can achieve these three goals of
corrections (punishment, societal protection, and offender change). In fact, the U.S. Federal Government has
a section of the National Institute of Justice devoted to these evidence-based practices, and what programs
are seen as effective, promising, and not effective. This site is called “CrimeSolutions,” and can be visited
at https://www.crimesolutions.gov/. This resource provides invaluable information for individuals making
decisions on what works for offenders and is based on empirical studies of hundreds of different approaches.
2. Gendreau, P. (1996). Principles of effective intervention with offenders. Choosing correctional options that work: Defining the demand and evaluating the supply, 117-130, Alan T Harland, ed. -- See NCJ-158983) https://www.ncjrs.gov/App/Publications/ abstract.aspx?ID=158988
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8.6. Prisons and Jails
DAVID CARTER
Learning Objectives
This section focuses on prisons and jails in the United States. We start with a brief historical account of prisons
and jails in America. We then turn to our current situation of prisons and jails, to include types, function, and
volume. After reading this section, students should be able to:
• Understand the emergence of prisons and jails in the United States
• Recognize the different types of jails
• Recognize the different types of prisons
Critical Thinking Questions
1. Explain the operational process of most jails in the United States today. Where does this come from
historically?
2. How does the difference in the type of jail influence how the jail is managed?
3. Explain the similarities and differences in the two early types of prisons in the United States.
4. Explain the current operational process of most State prisons in the United States today. Where does
this come from historically?
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8.7. A Brief History of Prisons and Jails
DAVID CARTER
The Growth of Jails in the United States The concept of a jail (GOAL – old English spelling) is yet another concept that we have carried with
us from Western Europe (England, etc…) when the United States was first forming. Spawning from the
County-level establishment and management of jails in England; these have largely been run by County
Sheriffs in the United States, ever since we began to have them. They have had various names, depending on
their function and use, such as Bridewells, and Workhouses. Pictured below is what is commonly accepted as the first “built” structure to house individuals that have been processed through the courts, the Walnut
Street Jail. Opening around 1790, this facility housed both jail inmates, and at some points in time convicted
offenders.
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Goal_in_Walnut_Street_Philadelphia_Birch’s_views_plate_24_(cropped).jpg
Later, labeled as a prison (as depicted by the historical marker below), the Walnut Street Jail was a blueprint
for later prison construction, which we discuss in the latter half of this chapter.
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Walnut Street Prison Historical Marker
As the United States began to populate, county lines began to be drawn up for States earning Statehood.
Sheriffs began to police their Counties, and also be responsible for managing the lower level infractions
(misdemeanors) within their jurisdictions. Thus, County Jails began to flourish in the United States. Initially,
many jails were nothing more than parts of a Sheriff’s office, literally, cells in the back room. Today, large
structures (even multiple structures in a single county) constitute jails in the United States. Overall, we have
seen changes in the growth of jails in the United States. While we were certainly growing in the number of
jails as States gained Statehood, there has been a shift in jails structures. The vast majority of jails are small in
size. There are few larger jails, but they hold more individuals. As can be seen in a report from Cahalan and
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Parsons (1986), and reports by Harrison and Beck of the Bureau of Justice Statistics (2005), the numbers of
jails has changed immensely. 12
Table 2-1 Jails in the United States
This is due to a variety of reasons, to include: inclusion or exclusion of Youth Facilities, Native American
Facilities, Privately Owned Facilities, and reporting structures (who reports a jail in a given year). Based on
these fluctuations, it is difficult to get an exact count of jails each year. However, it appears that there are
roughly 3,300 jails in the United States today.
1. Cahalan, M. W., & Parsons, L. A. (1986). Historical corrections statistics in the United States, 1850-1984. U.S. Department of Justice. https://www.bjs.gov/content/pub/pdf/hcsus5084.pdf
2. Harrison, P. M., & Beck, A. J. (2005). Prisons and jail inmates at midyear, 2005.BJS Bulletin. https://www.bjs.gov/content/pub/pdf/ pjim05.pdf
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8.8. Types of Jails
DAVID CARTER
Jails vary greatly in function and size. For example, the vast majority of jails hold less than 50 jail detainees
each (roughly 2,000 jails). Yet, the 50 biggest jails hold over half of the total number of detainees, more than
350,000 in the 50 biggest jails. 1
For example, Los Angeles County Jail is actually a system of buildings spread
across LA County, which includes the Inmate Reception Center, North Facility, South Facility, LOMA,
Twin Towers, Men’s Central, just to name a few of the facilities. For a more detailed description of the jail
facilities in L.A. County Jail, please see http://shq.lasdnews.net/pages/tgen1.aspx?id=as1.
While most jails are run by County Sheriff, there are some jails that are managed by cities or jurisdictions.
For example, Chicago, New York, Philadelphia, and Washington D.C. all have their own jails, which are
not managed directly by the county in which they reside.
Jails also vary by how they are designed. While there are others, jails can be separated into two broad types,
the older generation, and the new generation. Older generation jails are jails that are typically linear in design, with cell doors separating rooms or sections down long corridors. Many jails operate with this design.
Newer generation jails are more podular in design, where multiple cells face a central area. Additionally, when these podular designs are used, a direct supervision approach is also often used. Direct supervision is
where there are no particular barriers between the deputies and the detainees within a facility. For example,
the image below depicts what a direct supervision jail may look like.
New Generation Jail Design
1. Minton, T. D. (2012). Jail inmates at midyear, statistical tables. U.S. Department of Justice. https://www.bjs.gov/content/pub/pdf/ jim11st.pdf
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As you can see in the image, the operational booth (immediate left) is open to access the day area or common
area, and the doors of the cells for this jail section open to this space. Below is an image of the older
generation, linear style of jail. This typically uses the indirect supervision approach.
Older Generation Jail Design
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8.9. Who Goes to Jail?
DAVID CARTER
One of the more fascinating aspects of jails in the United States is who gets placed in them. The short answer
is everyone. Whenever someone is arrested, this typically starts their process in the criminal justice system.
While it might not be the first time they have been arrested, this action places them en route to a jail. Thus,
jails are a collection point for many differing agencies, to include: County Sheriff’s Office, Municipal, local,
City – Police. State Police may send individuals directly to jail, even Federal agencies may use a local jail
as a point of entry. For example, ICE (immigration and customs enforcement) houses many thousands of
ICE-holds in jails across the country. Jails hold all kinds of individuals. While this list is not comprehensive,
it does present many of the types of people held in jails:
• Felons and Misdemeanants
• First time and repeat offenders
• Those awaiting arraignment or trial
• Accused and Convicted
• Parolees stepping down from prison
• Juveniles pending transfer
• Those with mental illness awaiting transfer
• Chronic alcoholics and Drug abusers
• Those held for the military
• Those held for federal agencies
• Protective custody
• Witnesses
• Those in contempt of court
• Persons awaiting transfer to state, federal or other local authorities
• Temporarily detained persons
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As one can see from this list, there are many types of people in the 3,300 plus jails at any given time. In fact,
at any given point in time, there are 700,000 plus individuals within jails in the United States. This number
has steadily increased since the 1970s. While there have been some decreases in recent years, it generally
fluctuates around 725,000 to 750,000 jail inmates. However, this is only one portion of the people in jails.
It is estimated that roughly 11 million people process through America’s jails annually. Average lengths of
stay vary by jurisdiction, but a general average is that a person spends around 25 days in jail. As Wagner and
Sawyer (2018) depict in the picture below, the types of people in jail at a point in time is varied. 1
Snapshot of Individuals in Jail
Who goes to jail?
Probably one of the most notable items in the snapshot above is the proportions of individuals that are or
are not convicted. Roughly 63% of individuals in jails at any given time are not convicted. Other notable
groups are individuals held for other agencies. This could be a matter of processing time or allocations of bed
space. In all, it is relatively easy to see the volumes and different types of people that pass through a jail in this
graphic. Still, jails only make up one portion of the brick-and-mortar approach to punishment. Prisons are
the other large part.
1. Wagner, P., & Sawyer, W. (2018). Mass incarceration: The whole pie 2018. Available at the Prison Policy Organization https://www.prisonpolicy.org/reports/pie2018.html
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8.10. Growth of Prisons in the United States
DAVID CARTER
As mentioned at the beginning of this section on jails and prisons, the Walnut Street Jail is recognized as
the first built institution in the United States to house individuals. Soon after, another prison was built, the
Eastern State Penitentiary (ESP), and it ran like a prison for nearly 150 years. Many of the prisons today
were first built on this idea of a separated penitent prison. Many of the cells in the prison (as depicted below)
would open to individual courtyards where individuals could look up and “get right with God,” hence the
concept of penitentiary (penance).
Eastern State Penitentiary Design
The State Penitentiary for the Eastern District of Pennsylvania, Lithograph by P.S: Duval and Co., 1855.
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Individuals in ESP spent much of their time in their cells, or in their own reflection yards, reading
the bible, praying, and always in silence. The solitude was also a way to serve penance. Shortly after the
implementation of ESP, another prison was built in New York, in 1819, named the Auburn prison. This
prison would become the leader of the second main prison style, the Auburn prison system. Many of the
facets of the ESP were in the Auburn, save one. Auburn utilized a congregate system, which meant that (still
in silence) the inmates would gather to do tasks or work.
Prison Growth in the United States
Proliferation1900-2000
This concept of labor eventually replaced the ideals of constant solitude. The congregate system took hold as
the dominant model for many prisons, and many states began to model their prisons on the Auburn prison.
Notably, Auburn was also the prison where the first death by electric chair was executed in 1890. Today,
there are roughly 1,700 State or municipal prisons in the United States. As the images demonstrate, it is clear
that many of the prisons in the U.S. have been built more recently.
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8.11. Types of Prisons
DAVID CARTER
Prisons in the United States can be parcelled out by jurisdiction and by intensity. By jurisdiction, this is
referring to who manages the prisons. A prison warden is generally considered the managerial face of the
institution. However, a prison warden and the prison itself is usually within a much larger organizational
structure. Although not always, these are usually separated by State. There are a few jurisdictions not at the
State level that manage or operate prisons. This includes places like New York, Chicago, Philadelphia, and
Washington D.C. Puerto Rico (not a State) also has a prison, as does the U.S. territory of the Virgin Islands.
State Prisons The normal label for the organizational structure of prisons in a particular State is often called Departments
of Corrections and are run by a Director, who is usually appointed by a Governor. For example, in
Oregon, it is the Oregon Department of Corrections, and Director Peters is the current head of this
organization (2012-present). The Oregon Department of Corrections currently overseas 14 State prisons.
More information about the ODOC can be found here: https://www.oregon.gov/doc/Pages/default.aspx.
California has the California Department of Corrections, and Secretary Diaz is the head of this organization
(2018 to present). CDCR oversees 34 adult institutions. For more information about CDCR, see
https://www.cdcr.ca.gov/.
Federal Prisons The Federal Bureau of Prisons was established in the early 1930s as a result of the need to house an
increasing number of individuals convicted of federal crimes. There were already some federal prisons in
place, but it was not until 1930 that the U.S. Congress passed legislation to create the BOP, housing it under
the justice department. Sanford Bates became the first Director of the Federal Bureau of Prisons (FBOP or
BOP), based on his long-standing work as an organizer and leader at Elmira Reformatory in New York. As
more federal legislation was passed, the need for more prisons became apparent.
Today, the BOP has 109 prisons, along with numerous additional facilities (camps) adjoining at these
locations. There are also military prisons, and alternative facilities, reentry centers, and training centers, that
are managed by the BOP. The federal prisons are separated into six regions., which include: the Mid-
Atlantic Region, the North Central Region, the Northeast Region, the Southeast Region, the South Central
Region, and the Western Region.
Within these regions are regional directors, which is similar to state-level directors of departments of
corrections. Below is a detailed map of the regions of the Federal Bureau of Prisons. As is depicted, there are
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several different types of facilities within each region. A central office is also designated for each of the six
regions. Click on the link in the annotation of the map to see it in a larger scale.
FBOP Regional Map
BOP Regional map
Private Prisons The privatization of goods and services has long been a staple of state departments of corrections, as it
allows these organizations to subcontract specific tasks within their prisons. This includes services like food
and transportation services, medical, dental, and mental health services, education services, even laundry
services. As mentioned in the previous section on punishment, there was much ado about crime in the
United States in the 1970s and 1980s. This brought on an increased fear of crime and a more punitive state
within the United States. It was during this time that a small company known as Wackenhut, a subsidiary of
The Wackenhut Corporation (TWC) sought to privatize the entirety of a prison, not just services within the
prison. A second company, Corrections Corporation of America ultimately won the contract and became
the first privately owned prison in the United States (1984). Today, Core Civic (formerly Corrections
Corporation of America) runs approximately 128 facilities in the United States. 1
The GEO Group, the other
1. See Core Civic facilities map: http://www.corecivic.com/facilities
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primary private prison company runs 136 correctional, detention, or reentry facilities. 2
Pictured below,
roughly half of the 50 States in America use private prison industry prisons.
States Using Private Prison Industry
Private Prison State Map
Much debate has come from the incorporation of private prisons. The critics of private prisons denote
the lack of transparency in the reporting processes that would come from a normal prison. Still, others
tackle a bigger issue – punishment for profit. That is – while taxpayers ultimately pay for all punishment
of individuals, either at the State or Federal level, shareholders and administrators of the companies are
making money by punishing people, under the guise of capitalism. For a more in-depth review of this,
see a report presented by the Sentencing Project: https://www.sentencingproject.org/publications/private-
prisons-united-states/ and on NPR: https://www.npr.org/2010/10/28/130833741/prison-economics-help-
drive-ariz-immigration-law
2. See Geo Group facilities map: https://www.geogroup.com/LOCATIONS
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8.12. Prison Levels
DAVID CARTER
Each of these jurisdictions of prisons also has varying degrees of intensity or seriousness. These are often
considered prison levels or classifications. Depending on the State, the BOP, or even in the private sector,
it is usually associated with the seriousness of the offenders that are housed within these institutions. For
example, many States have three classification levels: minimum, medium, and maximum. Some States have
a fourth level called super-maximum. Others call this close, or administrative level. The BOP has five levels,
minimum, low, medium, high, and unclassified. Although not a true designation, and would be considered
an unclassified, administrative control, ADX Florence is a United States Penitentiary (USP) that would be
counted as a super-max. It houses the most dangerous individuals at the Federal level. Although not in
operation today, Alcatraz was probably the most famous Federal USP (also considered a super-max at one
point). It too housed the most dangerous federal inmates. Below are two images of this iconic prison, known
as the “rock.”
Alcatraz
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Alcatraz
Alcatraz in the Bay against the Backdrop of San Francisco
Alcatraz in the Bay against the Backdrop of San Francisco
Other States use a simple number designator to assign prison intensity, such as Level I, Level II, Level III,
Level IV, and sometimes Level V. While still, other States incorporate a Camp to their list of designations,
indicating a specific purpose within the low level, such as a Fire Camp. These types of camps are dedicated
to fighting fires. In all there are some basic concepts to point out for each type:
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Minimum – These prisons usually have dorm style housing, typically for only non-violent offenders, with shorter sentences (or sentence lengths left after downgrading). The fencing or perimeters of these
types of facilities are usually low levels. The BOP generally refers to these as camps.
Low – These types of prisons are similar to minimums, to include some kind of dormitory style housing. However, there are normally more serious or disruptive offenders in these types of prisons.
The fencing around the perimeter of these is generally higher, and maybe even a double fence.
Offenders are typically in these institutions for longer periods.
Medium – Here, there is a transition from dorm-style housing to cells. Normally, there are two persons to a cell, but not always. The perimeter is usually a high fence, and may even have barbed
wire, or there are large walls surrounding the institution. Freedom of movement within the institution
is reduced, seen as privilege. Inmates here typically longer sentences, and include violence convictions.
High or Maximum – Similar to medium, but most of these offenders have violence convictions, and longer sentences, including life. Many of these individuals will spend most of their day in a cell, and
more often than not, these are single occupancy.
Super-Max or Administrative Control – Depending on what the mission is for that particular prison, the prisoners in these institutions could be vastly different. For instance, if it is a facility that is
designated for mental health, it would not operate the same as one that is a super-max. The super-max
facilities would have individuals in their cells for almost all of every day. Many services would come to
them at their cell, instead of them going somewhere (i.e., sick call), the cells would almost all be single
occupancy. Visitation of these inmates would be much more regimented and monitored. Most of these
individuals are also classified as extreme threats to the successful operations of the prison and are long-
term inmates (LWOP – life without the possibility of Parole).
Intake Centers – An intake center can be part of an institution, running alongside the normal operations of an institution. The purpose of an intake center is to classify the offenders coming from
the various courts in the jurisdiction, post felony conviction. The offender has an initial classification,
where they are getting assigned to one of the jurisdiction’s prisons, based on a point system for that
agency. This assessment is looking at priors, prior and current violence, escape risk, and potential self-
harm. For example, Coffee Creek Correctional Facility in Oregon is their intake of prison. It also is the
women’s prison for Oregon. Inmates come to CCCF and are assessed, then shipped off to one of the
other institutions in Oregon (or placed in a level there if female). Inmates will gain later classifications at
their destination prison, in terms of work assignments, mental health status, cell assignments, and other
items.
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8.13. Who Goes to Prison?
DAVID CARTER
The types of people that end up in prison are quite different than individuals that go to jail. Almost all people
that go to prisons in the United States are people that have been convicted of felony-level crimes and will
be serving more than a year (or they could have multiple years on their jail sentence). To give you a more
detailed depiction of this, see the image below.
People Incarcerated in the U.S.
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People Incarcerated in the U.S.
Focusing in on the left side of the graphic, there are roughly 1,316,000 State Prisoners. Here we can see
the types of crimes that they are convicted of. A little over half (54-55%) are incarcerated for violent crimes.
Drug crimes and property crimes make up the next big sections for the state prisoners. When you add in
the federal prisoners (about 180,000) and the private sector prisoners (another 150,000+), territorial prisoners
(11,000), Indian Country prisoners (2,500), we start to see how that number changes to about 1,700,000
prisoners.
One of the more notable items here, and what is different from the jails, roughly 93% of the prisoners are
male. In jail, that number is roughly 85% male. While the total volume of prisoners has dropped slightly in
the last few years (since 2015), this following graphic shows that we have increased our number substantially
over the last 45 years.
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US State and Federal Prison population
This growth of the prison population will be discussed in greater detail in the final section on corrections,
Special Issues. However, in the next section, we will discuss where the largest volume of individuals under
correctional control resides, probation and community corrections.
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9: Community Corrections
Learning Objectives
Up to this point, we have spent much time on understanding crime, how it is policed, and how it is prosecuted
in the courts. The next section will cover the last third of the justice system, corrections. This section will focus on
punishments that happen in the community. Be the end of this section, students should be able to:
• Understand what is meant by Community Corrections
• Recognize the different types of Community Corrections
• Understand the pros/cons of the different main types of Community Corrections
Critical Thinking Questions
1. Why do some people convicted of a crime get jail/prison, while others do not?
2. What factors are involved with the decision to use alternative sanctions, versus incarceration?
3. What are some of the pros/cons of each of these decision points?
4. Does the level of punishment change, based on the person? How?
5. Are there other consequences involved after the punishment has been given? If so, what are they?
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9.1. Diversion
DAVID CARTER
The bulk of this chapter deals with official actions from the courts on individuals in the community, while
they are under some sanction. However, there is also a large number of individuals that do not even make it
that far in the system, due to some form of diversion. Diversion is presented in this chapter, as it is an action
that would effectively keep a person in the community. Diversion is a process whereby an individual, at some stage, is diverted from continuing on in the formal justice process. Diversion can come as early as initial
contact with a law enforcement officer. This discretion that the officer uses could be considered a diversion,
as the officer is saying that this individual does not need to continue on the justice path. It could be a verbal
warning, a warning ticket, or just a decision by the officer to not start a formal ticket (citation).
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Different Diversion Points in the System
Diversion can also be something more formal, for instance, from a judge prior to a judgment, in lieu of a
judgment, or as a condition of a judgment. A formal diversion process can start. An example of this could be
where a judge could sentence someone to a sanction. In lieu of that sanction, the judge offers a person the
chance to complete a diversion program, effectively nullifying the judgment upon successful completion.
It is difficult to know the exact amount of diversions that occur in the United States, across the variety of
places where diversion can occur. However, it is estimated that millions of diversions happen each year. This
could be saving the courts or corrections systems hundreds of millions of dollars.
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9.2. Intermediate Sanctions
DAVID CARTER
Community corrections as a whole has changed dramatically over the last half-century. Due to a rapid and
overwhelming increase of the offender population, largely based on policy changes, we have witnessed an
immense increase in the use of sanctions at the community level; this includes probation. It has only been
within the most recent 10 years that we have seen a decrease in community corrections. Individuals on
probation hover around 3.7 million, with another million in some form of community-level control, for a
total of about 4.6 million under community supervision, probation, or parole. 1
Because of the sheer volume
of these intermediate sanctions, it is important to put it in the perspective of jails and prisons. Below is a
graphic to demonstrate how much we are talking about.
U.S. Correctional Control
1. Bureau of Justice Statistics. (2018). Probation and Parole in the United States, 2016. Available at: https://www.bjs.gov/content/pub/pdf/ ppus16_sum.pdf
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National correctional control, 2018
This graphic does not include the volume of people in the community corrections outside of regular
probation, or parole (which is about another million), but it does shed light on just how much probation is
used. Therefore, it important to understand that the vast majority of individuals under correctional control
aren’t even in the prisons and jails in the United States, even though that alone is a hefty number. The
majority of persons under correctional control fall are in sanctions like Probation, Intensive Supervision
Probation, Boot Camps/Shock Incarceration, Drug Courts, and Halfway Houses. Therefore, this section will
discuss the history and effectiveness of some of the forms of intermediate sanctions we use in the United
States.
As we have discussed, in the late 1970s and early 1980s, there was a fundamental shift in corrections. This
is largely due to the “Nothing Works” dogma in the area of rehabilitation. Many reforms were made towards
the housing of offenders. Many liked this idea because they did not trust the government’s attempts at
rehabilitation. Others were pleased as well since more emphasis was placed on control. Rooted in deterrence
theory, and to lesser extent incapacitation, intermediate sanctions flourished and were seen as an instant
success. That is, because they promised to increase control of the growing offender population, maintain
security, and do all of this at a reduced cost, they were quickly welcomed across the nation. However, by
reviewing each one, we can see the problems that promising too much may have created.
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What Would You Do?
As stated before, there are three primary goals for corrections, to punish the offender, to protect society, and to
rehabilitate the offender. Often the first two goals might be opposing to the last goal. Additionally, doing too much
of the first one might have unfavorable on the second and third. Here is an example of how this might happen.
Let’s say there is a guy, who is married, has a couple of kids, a stable blue-collar job, a house /mortgage, and
is living just a little bit better than a paycheck to paycheck. We can call him the average Joe Citizen. This might
even sound familiar, and you may even know him. Joe likes to hang out with his friends after his men’s softball
game, having a beer and catching up on life. For all intents and purposes, Joe is a decent guy. He does not have a
significant criminal record. Perhaps one misdemeanor when he was a juvenile, and a couple of speeding tickets, like
tens of millions of other adults.
However, one time after softball, Joe is driving home and his wife is texting him to pick something up at the store.
He looks down at his phone at the exact wrong time that someone pulls out in front of him. An accident occurs. No
one is seriously injured, but the damage to both vehicles is enough to warrant a write up of the accident. This leads
to police presence. At the scene, the officer smells alcohol on Joe. The officer is obligated to go through standard
procedures, which results in Joe being arrested. This is not asking you to debate this action, as it is a violation, and
the officer had every right to arrest Joe. The question is this – what should Joe’s punishment be?
The reason to ask this is due to both the rule of law and the consequences of those laws. Joe should be punished,
as he chose to drive after drinking alcohol. But, would Joe’s incarceration lead to other events that may have lasting
effects? Probably.
This brings up the question of at what point does the level of punishment last beyond its intended point? If Joe
receives a lengthy jail sentence, will he lose his job? Will he lose his family? Will this put him a greater risk of
recidivating in the future? What point has the immediate action caused punishment beyond what the law stipulates
is punishment? These are all valid questions. There are other alternatives out there, that still cover the concepts of
punishment, monitoring, sanctioning, and control. However, these alternatives can still allow individuals to stay in
the community, which this chapter will present with community corrections.
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9.3. Probation
DAVID CARTER
Probation is arguably the oldest ,and certainly the largest, of the intermediate sanctions. Its roots stem
from concepts of common law from England, like many of our other legal/correctional practices. In early
American courts, a person was able to be released on their own recognizance, if they promised to be
responsible citizens and pay back what they owed. In the early 1840s, John Agustus, a Boston bootmaker
was regularly attending court and began to supervise these individuals as a Surety. A Surety was a person
who would help these individuals in court, making sure they repaid these costs to the courts. We would
consider John Augustus as the Father of Probation, for this work in the courts in Boston in the 1840s and
1850s. Augustus, pictured below, would take in many of these individuals, providing options like work and
housing, to help ensure these individuals would remain crime free and pay back society. He continued this
practice for nearly two decades, effectively becoming the first probation officer. For a more lengthy historical
discussion of probation, see the history of probation at https://probation.smcgov.org/history-probation.
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John Augustus
Probation is a form of a suspended sentence, in that the jail or prison sentence of the convicted offender is resuspended, for the privilege of serving conditions of supervision in the community. Conditions of
probation often include: report to a probation officer, submit random drug screens, do not consort with
known felons, pay court costs, restitution, and damages, attend AA or NA courses, as well as other
conditions. Probation lengths vary greatly, as do the conditions of probation place on an individual. Almost
all people on probation will have at least one condition of probation. Some have many conditions, depending
on the seriousness of the conviction, while others are just a blanket condition that is imposed on all in that
jurisdiction, or for that conviction type. Juvenile Probation Departments were within all States in the 1920s,
and by the middle of the 1950s, all States had adult probation.
Probation Officers Probation officers usually work directly for the state or federal government, but that can be directed
through local or municipal agencies. Many Counties will have a community justice level structure where
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probation offices operate. Within these offices, probation officers will be assigned cases (caseload), in term of
the probationers, they will manage. The volume of cases in a probation officer’s caseload can vary from just a
few clients if they are high need/risk clients, to several hundred probationers. It depends on the jurisdiction,
the structure of the local PO office, and the abilities of the probation officers themselves.
The role of the probation officer is complex, and sometimes diametrically opposing. A PO’s primary
function is to enforce compliance of individuals on probation. This is done through check-ins, random drug
screenings, and enforcement of other conditions that are placed on the probationers. Additionally, the PO
may go out into the field to serve warrants, do home checks for compliance, even make arrests if need be.
However, at the same time, a probation officer is trying to help individuals on probation succeed. This
is done by trying to help individuals to get jobs, get schooling, enter into substance or alcohol programs,
and generally support people on probation to be successful. This is why the job of the PO is complex, as
they are trying to be supportive, but also having to enforce compliance. Many equate this to kind of like
being a parent. Recently, there has been a movement within probation to have probation officers act more
like coaches than just disciplinarians. Here is a talk about how POs can view themselves as coaches to enact
positive change within individuals on probation:
http://criminaljusticeofficehours.libsyn.com/dr-brian-lovins-probation-
coaches?fbclid=IwAR2pHROGAPpm09-PFqVzFG10ItFhCi1huFItChe65Ew7-gXDB0OSacCliQs
The other primary function of a probation officer is to complete PSI reports on individuals going through
the court process. A PSI or Pre-Sentence Investigation report is a psycho-social workup on a person headed
to trial. It includes basic background information on an individual, such as age, education, relationships,
physical and mental health, employment, military service, social history, and substance abuse history. It also
has a detailed account of the current offense, witness or victim impact statements of the event, and prior
offenses (criminal records), which are tracked across numerous agencies. Finally, the PSI also has a section
that is devoted to a plan of supervision or recommendations, which are created by the PO. These usually list
out the conditions of probation recommendations, if probation is to be granted. Judges use this information
during sentencing discussions and hearings, and will usually follow these recommendations often (around
85% of the time). Thus, many of the conditions of probation are prescribed by the PO.
Individuals on Probation As stated, there are several million people on probation, serving various lengths of probation, and under
numerous conditions or condition types. Additionally, the convictions which place individuals on probation
vary, to include misdemeanors and felonies. Probationers serve their probation at the state level, and there is
even federal probation. As depicted below, it is easy to see how much probation is used in the United States.
Use of Probation in the U.S.
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Correctional Control by Type 1975-2016
Probation is not a right, and it is not a suspended sentence. It is a privilege, but it most certainly comes
with conditions for the suspension of the incarceration. Due to how cheap probation is, relative to jail or
prison, and the ability for lower-risk individuals to maintain connections within their community, millions
of people will be on probation in the United States at any given time.
Other important factors that help to decide if a person warrants probation is within the PSI and other
assessments are done on the individual. If the person is basically, a prosocial person, has an education and a
job, has a family, these would all be considered as ties to the community. These ties to the community could
weaken or break if a person was incarcerated. Thus, providing a sanction while allowing the person to stay
in the community is often the approach that is utilized within probation and other intermediate sanctions.
Probation Success There are mixed reviews about probation. Recently, the Bureau of Justice Statistics (2018 report, for 2016.
1 listed the successful completion rate at about 56%. In years past, this number has been reported higher,
upwards of 65%, depending on the years 2008-2013. 2
There are a host of reasons listed for unsuccessful
completion, which include: incarcerated on a new sentence/charge, or placement for the current sentence/
1. Kaeble, D. (2018). Probation and Parole in the United States, 2013. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, April 2018, NCJ 251148 https://www.bjs.gov/content/pub/pdf/ppus13.pdf
2. Huberman, E. J., & Bonczar, T. P. (2014). Probation and parole in the United States, 2013. U.S. Department of Justice, Office of Justice Programs, Bureau of Justice Statistics, October 2014, NCJ 248029 https://www.bjs.gov/content/pub/pdf/ppus13.pdf
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charge, absconding (fleeing jurisdiction), discharged to warrant or detainer, other unsatisfactory reason,
death, or some other unknown or not reported reason. Unsuccessful completion can produce some different
responses but can include a concept called tourniquet sentencing. Tourniquet sentencing is where the
restrictions of a level of sanction are increased, due to non-compliance, in order to force compliance. If an
individual on probation is not adhering to the conditions of probation, a PO can recommend a probation
revocation hearing. This bench hearing can lead to an informal admonishment by a judge, an increase in
the sanctions or sanction lengths, an increased level of control (moving from regular probation to intensive
supervised probation), even up to placement in a secure facility (jail or prison), all depending on the
infraction of the condition of probation that has been violated. Many go from regular probation to ISP, in
an effort to force compliance through increased monitoring.
Intensive Supervised Probation Intensive Supervision Probation (ISP) began in the late 1950s, early 1960s, in California. Their basic
premise was to allow caseworkers (POs) to have smaller caseloads and increase the level of treatment across
offenders. As stated, many promised multiple success measures. However, if an individual who was revoked
because of a technical violation due to an increase in control, they were not seen as a failure. Rather, they
were seen as a success because of the way the public was served by the recidivism. However, this went
directly against the notion that ISPs could save money. Because of these problems, the earlier forms of
ISPs may have become less popular. In the 1980s, a newer model of the ISP was created in Georgia. More
emphasis was placed on the control aspect rather than on treatment. Further, less emphasis was placed on the
reduction of money saved.
ISP and regular probation are similar, except for the frequency of contacts with POs, the increases in
surveillance and monitoring, and usually the volume of conditions. Rather than meeting a PO once a
month in regular probation, a person on ISP would likely be meeting with their PO weekly, or even more
frequently. Additionally, individuals on ISP normally are submitting drug screens weekly. The increased
conditions of supervision more frequently include more substance abuse treatment, either in the form of AA,
NA, or some other residential or outpatient substance abuse treatment programs. Thus, the core difference is
about the increased level of surveillance and control over the offender.
ISP Success While initial praise of the newer model for its increase on control was evidenced by its rapid spread
through the States, some researchers questioned their effectiveness. In one of the largest studies of ISPs, in
conjunction with the RAND Corporation. 3
They examined the effectiveness of ISPs in reducing recidivism
and saving costs. In a random sample of 14 cities across 9 States, they evaluated the reductions of recidivism
against a sample of regular probationers. Their findings suggested that there were higher amounts of
technical violations, which were probably substance violations, but there were no significant differences
between control-centered ISPs and regular probation, as far as new arrests. Moreover, when looking at
outcomes over 3 years, they found that recidivism rates were slightly higher for these ISPs (39%), vs. regular
probation (33%). Also, there were no substantive cost savings. Other studies have produced similar findings
as to the effects of non-treatment oriented ISPs. While these findings might be better than prison recidivism
rates, there were no reductions in prison overcrowding, which was also one of the intents of ISP.
3. Petersilia, J. R., & Deschenes, E. (2004). Evaluating intensive supervision probation/parole (ISP) for drug offenders. Santa Monica, CA: RAND Corporation. https://www.rand.org/pubs/reprints/RP168.html
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9.4. Boot Camps/Shock Incarceration
DAVID CARTER
Another form of intermediate sanction may be seen in the creation of boot camps, also known as shock
incarceration facilities. Again developed in the 1980s in Georgia, boot camps were targeted to youths and
adults and seen as a way to alter individuals through a “shock” effect. Essentially, boot camps are programs
designed to change the recidivism rate through a physical change. That is, designed on a militaristic ideal,
boot camps valued that a regimen of strict physical exercise would teach structure and discipline in youths.
Once again, because of a high level of face validity (this looks like it will work, so it must work), boot camps
flourished in the 1980s and 1990s. Below is an example of one of the few remaining boot camps, Moriah,
NY.
Boot Camp Success While there some positive results, generally, boot camps fail to produce the desired reductions in
recidivism. 1
For prosocial individuals, structure and discipline can be advantageous. However, when
individuals of differing levels of antisocial attitudes, antisocial associates, antisocial temperament (personality),
and antisocial (criminal history) are all mixed together, the reductions in recidivism generally do not appear.
As we have discussed in the section on rehabilitation, criminogenic needs are often not addressed within
boot camps. Thus, boot camps fail to reduce recidivism for several reasons. First, since boot camps fail
to address criminogenic needs, they tend not to be effective. Second, because of the lower admission
requirements of boot camps, individuals are generally “lumped” together into a start date within a boot
camp. Therefore, high-risk offenders and low-risk offenders are placed together, building a cohesive group.
Thus, lower-risk offenders gain antisocial associates that are high-risk. Finally, when boot camps emphasize
the increase of physicality, rather than behavioral change, it generally does not reduce aggressive behavior
(antisocial personality & recidivism). A recent meta-analysis (a study of studies of a topic) found this to be
the case. 2
For more information on the status of boot camps, please see https://www.crimesolutions.gov/
PracticeDetails.aspx?ID=5 .
Platoon Formation in a Boot Camp
1. Parent, D. G. (2018). Research for practice: Correctional Boot Camps: Lessons from a decade of research. U.S. Department of Justice, Office of Justice Programs, National Institute of Justice (June 3rd), NCJ 197018 https://www.ncjrs.gov/pdffiles1/nij/197018.pdf
2. Wilson, D. B., MacKenzie, D. L., & Mitchell, F. N. (2005). Effects of correctional boot camps on offending. Campbell Systematic Reviews, 6, 1-42.
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Moriah
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9.5. Drug Courts
DAVID CARTER
Drug Courts were also developed in the mid-1980s in Dade County Florida. They are unique in the sense
that – the courtroom works in a non-adversarial way for a more supportive program. Judges, prosecutors,
caseworkers, and program coordinators all work together in a drug court. As with other intermediate
sanctions, the use of drug courts flourished in the United States rapidly, to the point that they are now in
every state. Currently, there are almost 3500 drug, treatment, or specialty courts operating in the United
States. This includes Veterans Courts, Mental Health Courts, DUI Courts, Hybrid Courts, and Juvenile Drug
Courts. For a detailed account of these, see the map at the National Drug Court Database: https://ndcrc.org/
database/. For the purposes of assessing Drug Courts, only materials referencing Drug Courts only are
addressed.
Drug Court Success While the results on Drug Courts are mixed, as a whole, they are more favorable than boot camps. They
are mixed, largely to how they are assessed. If only talking about the cost savings, versus jail or prison, they
are seen as an effective community alternative. If looking at recidivism, it depends if the metric is looking
solely at drug charges, any arrests, or persistence models (length of time before arrest). As a whole, the
risk of being rearrested for a drug-crime for individuals from drug courts was lower than a comparison
group. For a more detailed report, see Fluellen and Trone (2000). Other have demonstrated that graduates
of drug court program were half as likely to recidivate (10% vs. 20%). 1
While more research is still required,
drug courts are not seen as ineffective control oriented ISPs or boot camps. For an in-depth review of the
overall rating of Drug Courts, which includes over 30 studies of Drug Courts across the United States, see
https://www.crimesolutions.gov/topicdetails.aspx?id=238.
1. Fluellen, R., & Trone, J. (2000). Do drug courts save jail and prison beds? The Vera Institute. https://www.prisonpolicy.org/scans/vera/ drugcourts.pdf
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9.6. Halfway Houses
DAVID CARTER
Halfway Houses have long been used to control/house offenders. Dating back to the early 1800s from
England and Ireland, halfway houses began around 1820 in Massachusetts. Initially, they were designed to
help an offender “get back on their feet,” and were generally funded in benevolent ways by non-profit
organizations like the Salvation Army.
Currently, halfway houses are typically used as a stopping point for offenders coming out of prisons but
have also recently been used as more secure measures of monitoring probationers in lieu of going to prison.
They are even used as a test measure of parole. With the creation of the IHHA in 1964, halfway houses have
become an integral part of every state, with mixed but more promising results than ISPs or boot camps. The
core design of a halfway house is meant to be a place where individuals can get back on their feet, half-way
out of prison. However, as stated, their uses have evolved, becoming residential, or even partial residential
places where individuals under correctional control can check-in, find reprieve or assistance, in order to
rejoin society as a normal functioning member.
There are some issues regarding the examination of halfway houses. The IHHA break down halfway
houses into four groups along two dimensions. As discussed, halfway houses were initially funded by
private non-profit organizations. However, many halfway houses today (in part, due to the IHHA) are both
privately and federally (and State) funded. Additionally, halfway Houses are also divided into supportive
and interventive groups. That is, halfway houses that serve only a minimal function (a place to stay while
reintegrating back into society) are generally labeled supportive. Interventive halfway houses typically have
multiple treatment modalities and may have up to 500 beds. However, most halfway houses fall somewhere
in the middle of these two continuums.
Halfway House Success Because of the variations of halfway houses, researchers find them difficult to assess. For instance, it may
be difficult to generalize because of the variability. Second, gathering a representative comparison may also
prove difficult. That is, halfway houses may have increased recidivism, reduced recidivism, or had no effect.
Although clouded, one could argue that halfway houses are at least useful in the sense that these offenders,
who received more treatment faired no worse than individuals who needed less treatment.
As a whole, HWH studies show mixed results. That is, some studies yield reductions in recidivism, while
some show no difference, and others show almost equal increases. When disaggregated by type, programs
using the principles of effective interventions, these halfway houses generally have better reductions in
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recidivism. One difficulty with understanding the effectiveness of halfway houses may be within their
funding. As stated, there are numerous revenue streams for the creation and management of a halfway
house, to include for-profit agencies. This design may override the design of providing the level of care
comprehensive enough to match the level of need by the individuals in the halfway houses. As with the other
intermediate sanctions, it is important to note that using the principles of effective intervention are among
the driving causes of their success.
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9.8. House Arrest
DAVID CARTER
House arrest is where an individual is remanded to stay home for confinement, in order to serve a
punishment, in lieu of jail or prison. There are built-in provisions where individuals are permitted to attend
places of worship, places of employment, and places for food. Otherwise, individuals are expected to be
home. It is difficult to assess how many are on house arrest at any given time, as these are often short stents
given during early stages of probation.
House Arrest Success As mentioned above, house arrest is often joined with electronic monitoring(EM). Many of the studies
incorporate both sanctions at the same time. Given the difficulty in separating EM from house arrest
in studies, less is known about the independent effects of house arrest. However, it is certainly a cost
saving mechanism, over other forms of sanctions. There is a relatively no-cost to low-cost for house arrest,
not coupled with electronic monitoring, especially when comparing house arrest to intensive supervised
probation. In all, house arrest would probably best serve individuals with low criminogenic risks and needs.
However, it is also argued that those individuals need little sanctions already, in order to be successful. Thus,
the utility of house arrest is debatable.
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9.9. Community Residential Facilities
DAVID CARTER
Moving up in the continuum of correctional sanctions, CCCs would be considered the last stop before
a lengthy jail or prison sentence, as they can have the highest level of containment. These are often
called CCCs (Community Correctional Centers), TCs (Transition Centers), or CBCFs (Community-Based
Correctional Facilities), and other names. From this point, these variations will all be considered as CBCFs,
as there is a blending of the names to the variety of missions that are within these facilities. However, even
two community residential facilities with the same name can be different, as the functions of CBCFs can
be multifaceted. CBCFs can function similarly to a halfway house, it can provide a stop for individuals
just checking in for the day before they go off to their jobs, they can be used for outpatient services, even
residential services where there is a need for public control/safety.
The overall benefit of CBCFs is their ability to have an increased focus in rehabilitation, at a lower
cost than a State institution. This is where their greatest effect can materialize if there is adherence to the
principles of effective intervention. As we touched on in the first section on punishment, the principles
of effective intervention have been demonstrated to have the best impacts on reductions in recidivism.
Collectively, we call these the PEI. These include concepts like proper identification of criminogenic risks
and needs of offenders, using evidence-based programs that address these items, matching and sorting clients
appropriately, and responsivity in terms of programs and services. For a detailed account of how the PEI
integrates into community corrections, see a very detailed report by the National Institute of Corrections,
under the U.S. Department of Justice: https://s3.amazonaws.com/static.nicic.gov/Library/019342.pdf .
CBCF Success What should come as no surprise, as is the theme with correctional practices in the community, CBCFs
have mixed results. This is largely dependent on the composition of the facility, the individuals within the
facility, and the programs offered. When individuals are lumped together, in non-directive programs that do
not adhere to the PEI, the outcomes of CBCFs are not favorable over the jail, prison, or probation. However,
when CBCFs separate offenders based on risk, putting more programming with the higher risk clients, and
little programming on the low-level clients, the outcomes are substantially better. For example, in a study
on CBCFs, Lowenkamp and Latessa (2004) found that when the offenders were separated by their risk,
targeting higher-risk individuals, much larger reductions in recidivism can be achieved. 1
1. Lowenkamp, C.T., & Latessa, E.J. (2004). Residential community corrections and the risk principle: Lessons learned in Ohio. Ohio Department of Rehabilitation and Correction, Research Compendium, 2: 245-254.
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Unfortunately, many CBCFs do not adhere to these principles, and thus, their effectiveness is not as
positive. As stated, this is the case for many of these agencies within community corrections. When
programs do not follow the principles of effective intervention, they do not fare as well. For a recent
report on the status of Community-Based Correctional Facilities, see a question and answer session with
the PEW Foundation and Dr. Joan Petersillia: https://www.pewtrusts.org/-/media/legacy/uploadedfiles/
wwwpewtrustsorg/reports/sentencing_and_corrections/qacommunitycorrectionspdf.pdf
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9.10. Restorative Justice
DAVID CARTER
The process of restorative justice programs is often linked with community justice organizations and is
normally carried out within the community. Therefore, RJ is discussed here in the community corrections
section. Restorative justice is a community based and trauma-informed practice used to build relationships,
strengthen communities, encourage accountability, repair harm, and restore relationships when
wrongdoings occur. As an intervention following wrongdoing, restorative justice works for the people
who have caused harm, and the victim(s), and community members impacted. Working with a restorative
justice facilitator, participants identify harms, needs, and obligations, then make a plan to repair the harm
and put things as right as possible. This process, restorative justice conferencing, can also be called victim-
offender dialogues. It is within this process that multiple items can occur. First, the victim can be heard
within the scope of both the community and within the scope of the offense discussed. This provides the
victim(s) an opportunity to express the impact on them, but also to understand what was happening from the
perspective of the transgressor. At the same time, it allows the person committing the action to potentially
take responsibility for the acts committed, directly to the victim(s) and to the community as a whole. This
restorative process provides a level of healing that is often unique to the RJC. Pictured, the different processes
that can occur during the different types of dialogues within RJC.
Restorative Justice Processes
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Restorative Justice
Restorative Justice Success For over a quarter century, restorative justice has been demonstrated to show positive outcomes in
accountability of harm, and satisfaction in the restorative justice process for both offenders and victims. This
is true for adult offenders, as well as juveniles, who go through the restorative justice process. Recently, there
have been questions whether there is a cognitive change that occurs in the thought process of the individuals
completing a restorative justice program. There is a growing body of research that demonstrates that change
in cognitive distortions that may occur through successful completion of restorative justice conferencing
(RJC). This will be an area of increasing interest for practitioners, as restorative justice continues to be
included in the toolkit of actions within community justice and community corrections.
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9.11. Parole
DAVID CARTER
While the process to get onto parole is unique to all of the other community sanctions we have discussed
so far in this section, individuals on parole are in the community. Thus, parole is often placed within the
concepts of community corrections. Parole is the release (under conditions) of an individual after they have
served a portion of their sentence. It is also accompanied by the threat of re-incarceration if warranted. As
with most concepts in our legal system, their roots of parole can be traced back to concepts from England and
Europe. However, parole today has greatly evolved based on American values and concepts. Parole in the
United States began as a concept at the first American Prison Association meeting in 1870. There was much
support for the ideals of reform in corrections in America at the time. Advocates for reform helped to create
the concept of parole and how it would look in the U.S., and plans to develop parole went from there. Parole
authorities began establishing within the States, and by the mid-1940s, all States had a parole authority.
Parole Boards and State parole authorities have fluctuated over the years, but the concept is still practiced, in
varying degrees today. It is different than probation, which often operates under the judicial branch. Parole
typically operates under the executive branch and is aligned with the departments of corrections, as parole
is a direct extension of prison terms and release. Many states operate a post-prison supervision addendum to
their sentencing matrix for the punishment of individuals.
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Oregon Sentencing Guidelines Grid
As you can see from the graph, the PPS section in gray represents the recommended times for parole
(post-prison supervision). Today, there are three basic types of parole in the United States, discretionary,
mandatory, and expiatory.
Discretionary parole is when an individual is eligible for parole or goes before a parole board prior to their
mandatory parole eligibility date. It is at the discretion of the parole board to grant parole (with conditions)
for these individuals. These prisoners are generally well-behaving prisoners that have demonstrated they can
function within society (have completed all required programming). Discretionary parole had seen a rapid
increase in the 1980s but took a marked decrease starting in the early 1990s. In more recent years, it is
continuing to return as a viable release mechanism for over 100,000 inmates a year. 1
Trends in State Parole, 1990-2000. Bureau of Justice Statistics Special Report. ODJ. Mandatory parole occurs when a prisoner hits a particular point in time in their sentence. When an inmate
is sent to prison, two clocks begin. The first clock is forward counting and continues until their last day. The
second clock starts at the end of their sentence and starts to work backward proportional to the “good days”
an inmate has. Good days are days that an offender is free from incidents, write-ups, tickets, or other ways to
describe rule infractions. For instance, for every week that an offender is a good prisoner, they might get two
days taken off of the end of their sentence. When these two times converge, that would be a point in which
mandatory parole could kick in for them. This must also be conditioned by truth in sentencing legislation,
or what is considered an 85% rule. Many states have laws in place that stipulates that an inmate is not eligible
for mandatory parole until they hit 85% of their original sentence. Thus, even though the date for the good
1. Hughes, W., & Beck (2001).
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days would be before the 85% of a sentence is served, they would only be eligible for mandatory parole once
they had achieved 85% of their sentence. Recently, States have begun to soften these 85% rules, as another
valve to reduce crowding issues. The Hughes et al. (2001) article also provides their proportions, indicating
a direct inverse relationship to discretionary parole during the 1990s 2 . As discretionary parole went down,
mandatory parole went up. This is logical though, as once they had passed a date for discretionary parole,
the next date would be an inmate’s mandatory parole date. As you can see from the image below, these
proportions of releases switched in the 1990s.
Parole Releases
Parole Releases
Perhaps most troubling is the Expiatory Release. We see a slow increase of expiatory release in the chart,
and this has continued to climb in the 2000s. Expiatory release means that a person has served their entire
sentence length (and sometimes more). Based on the need to release individuals to accommodate incoming
prisoners, this usually means that an inmate has misbehaved enough to nullify their “good days.” This is
unfortunate, because of the three types of release, it could be argued that these are the inmates that need the
most post-prison supervision. And yet, these are the inmates that are typically receiving the smallest amounts
of parole.
2. Hughes, T., Wilson, D., & Beck, A. (2001). Trends in State parole, 1990-2000. Washington, DC: Bureau of Justice Statistics, Special Report, NCJ 184735 https://www.bjs.gov/content/pub/pdf/tsp00.pdf .
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Parole Success It should again come as no surprise as to the effectiveness of parole, considering how many of the other
community-based sanctions are operating. Successful parole completion rates hover around 50%, given a
particular year. In the Hughes et al. (2001) article just mentioned, successful completion was roughly 42%
in 1999. The same issues for failure that are found in probation completion are found in parole completion,
to include: revocation failures, new charges, absconding, and other infractions. This lower than expected
success rate has prompted many critics to argue parole. It is suggested that we are being too lenient on
some while keeping lower-level inmates in prison too long. It is also argued that we are releasing dangerous
individuals out into the community. Whatever the criticisms are, it is certain that we are bound to use parole
as a function of release, even if it is only on paper. For example, California has a concept called non-revocable
parole. The basic premise of this is: as long as you do not violate your terms of parole, your parole will be
solely on paper, with no parole office check-ins. Additionally, no one will come out to your dwelling to
monitor you. Effectively, this version of parole is not enforceable, hence why it is considered as parole on
paper only. But, the questions around parole still remain. What are we to do with the hundreds of thousands
of offenders we let out of prison each year? Do they need more assistance than a bus ticket back to their
county of residence? How should we be doing parole in the United States? A more modern term for parole is
called re-entry. The next section covers current issues within corrections, to include what we do for inmates
who are re-entering society.
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9.12. Current Issues in Corrections
DAVID CARTER
Learning Objectives
In this final section on punishment, we review some of the contemporary special issues that are occurring in our
American jails and prisons. Our decisions to incarcerate on a large scale as a solution to many issues does have
significant impacts. These impacts not only affect the individuals in the justice system, but also community members
as a whole. Some of these issues include overcrowding, gangs, aging prisoners, and substance abuse. This section
will provide a report on some of the more pervasive issues facing corrections today. By the end of this section,
students should be able to:
• Understand what are some current issues within the world of corrections
• Recognize the different concepts of how we view these issues
• Understand how punishment has increased and what are the outcomes of large scale incarceration
Critical Thinking Questions
1. What are some of the reasons we have so many people in jails and prisons?
2. What impacts these levels of people under corrections?
3. Can we solve these issues?
4. What has been our approach to this point? Has it worked?
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9.13. Current Issues in Corrections: Mass Incarceration
DAVID CARTER
The section on punishment started with a discussion about feeling safe and secure in our homes. Feeling
safe and secure in person and home is arguably one of the most discussed feelings in our nation today. Our
fear of crime influences how we think and act day to day. This has caused great fluctuation in the United
States, in regards to how we punish people who are convicted of violating the law. In part, punishment
comes from the will of the people, which is then carried out by the legislative process, and converted into
sentencing practices. However, has our desire to feel safe and secure been taken too far by policy? And, have
these policies created even bigger problems for us as citizens? This final section on corrections attempts to
answer how we as America are doing, in order to solve our crisis in corrections.
To give an idea about America’s use of prisons, here is a comparison of the United States to other countries
around the world. As one can see, America uses punishment fairly well. In fact, one could argue that we are
the best at it.
International Imprisonment Rates
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The United States wasn’t always this punitive. As we have discussed, the context of eras that we have moved
through, our underlying philosophy of punishment constantly evolves, even if it is rather slow at times.
Unfortunately, in the 1970s, there was a confluence of events that kicked us off on a path of incarcerating
many types of individuals, more so than we had done in the past. This path of imprisonment or mass
incarceration has had lasting effects. Below, you can see when the expansion of the correctional system
began.
Mass Increase in Incarceration
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Mass Increase in Incarceration
The United States had just gone through a large scale amount of civil unrest, which leads to a civil rights
movement of many Americans. As a country, we were not happy with how subpopulations were being
treated, and it was during this that many positive changes in the country were being adapted into law. This
also corresponded with a massive influx of men that were returning from the Vietnam war. The disapproval
of the war, increased our growing distrust of the government to provide programs that could help individuals
within the justice system. Many State-funded operations were seen as intrusive on the public, to include
mental health facilities. There was also a large scale importation of drugs occurring in America. All of these
items and more shifted our ideology rather abruptly in the United States, and we turned toward a more
punitive approach to people in society that were getting into trouble. Collectively, we would consider this
the “get tough era” on crime. This included the war on drugs (gang involvement), tougher sentencing
legislation across the country, transinstitutionalization or transcarceration (the removal of many individuals
from state mental health hospitals), and others. Collectively, these all had a large-scale increase in the prison
population.
Full Jails?
It is 3:00 AM on a Sunday morning and Terry is getting force-released from jail because the jail is full. Force
Releases occur when a facility is at its maximum capacity and a more serious offender is coming in. The decision has
to be made in order to protect the community the facility is supposed to protect, but still, maintain the constitutional
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rights of the individuals it is required to secure. Like many others in the community, Terry made some poor
decisions, was arrested for a lower level of crime and has started the process of going through the justice system.
However, for Terry, and unfortunately many others, now Terry is being pushed back out onto the street, prior to
receiving some basic services that may help him change his behaviors. This is not his fault, it is only due to the fact
that a more dangerous offender is coming into the jail, and a decision had to be made.
To make matters more complicated, Terry is a dually diagnosed individual. This means that he has both a
substance abuse problem and a low-level mental health issue. Terry has been managing his mental health issue with
medications that he is able to afford because of his job at the local Wal-Mart. Now Terry will probably lose his job
because he hasn’t shown up for two shifts, due to him being in jail. While not excusing any of Terry’s actions that
got him in jail, Terry is now out on the street, without his medication. He is nervous that he is not sure what he is
going to do.
This story is more common than you think. It happens to tens of thousands of individuals a year. What
should the community do?
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9.14. Current Issues in Corrections: War on Drugs and Gangs
DAVID CARTER
The war on drugs, initiated by President Nixon in 1971, was framed as an all-out war to eradicate drugs in
the United States. The massive expenditures on the curtailment of the drug epidemic also shifted our views
on drug use. We became much more punitive towards drugs, treating it as more of a criminal justice issue,
rather than as a substance dependence issue. Good or bad, drug use was demonized in the public and media,
which aided in the development of much tougher sanctions on drug use in America. The Drug Enforcement
Agency was created in 1973, to provide another arm of the government to tackle a specific issue, drugs.
By the 1980s, lengthy sentences for drug possession were also in place. One to five-year sentences for
possession were increased to upwards of 25 years. There was also an increased focus on gangs, which were
held responsible for the majority of the drug trade in the United States.
Gang activity in the United States was prevalent long before the enactment of the war on drugs. However,
once the linkages between our fear of crime, and the drug trade by gangs became more pronounced due to
the war on drugs, the conflict escalated. While there are hundreds of different gangs in many neighborhoods
and communities in the United States today, gangs in prison have converged into four main gangs, or
what corrections call security threat groups. These four basic gangs include the Whites, the Blacks, the
Southerners (Surenos, or EME), and the Northerners (Nortenos). Not only are these STGs considered violent
inside and outside of prison, but they are also actively involved in the continuing drug trade in the United
States today, even behind bars. In fact, many of the leaders of all of the gangs on the streets are held in one
prison in California, Pelican Bay State Prison.
Within the prisons in the United States, gangs actively recruit members, communicate with gangs on the
streets, run the drug trade, and are also at war with each other over the power within the institutions, from
their perspective. There have been numerous documentaries on gangs in the U.S., and even mainstream
films about gangs and gang life, both inside and out. A few notable examples of films to watch on this subject
include Felon (2008), Shot Caller (2017), and American Me (1992).
Transcarceration At the same time, the proliferation of gangs was occurring in prisons in the United States, there were
another sizeable increase of prisoner type, mentally ill inmates. This is due to the transinstitutionalization
that occurred for thousands during the late 1970s, 1980s. Transinstitutionalization, or transcarceration is a
process that occurred for many with mental health issues when State-run mental health facilities began to
close their doors. Having few choices of where to go, many became homeless or destitute. Ultimately, these
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individuals wound up in America’s jails and prisons. This is also compounded by how we have shifted our
views on the mentally ill within the courts and justice system. While insanity is a defense that is used in
court, it is rare (roughly 1% of cases), and even more rarely does it conclude in success. This shift occurred
within our understanding of guilt surrounding mental illness. In the past, an individual would be held not
guilty by reason of insanity. However, this shifted to guilty, but legally insane. The guilt would be grounds
to still incarcerated individuals. Changes in policy like this also contributed to the increase in offenders in
the 1980s.
Get Tough Policies Another reason for the large scale increases can be found in our changes to policies surrounding sentences
and sentence lengths. Get tough policies flourished in the latter half of the 1980s and into the 1990s.
This included truth in sentencing legislation three-strikes policies, and drug crime minimums. Truth in
sentencing, also known as the 85% rule, is where mandatory minimums of sentences would be forced to
be served by incarcerated individuals. Thus if an individual was sentenced to prison, a mandatory minimum
of 85% of the sentence would have to be served before the individual was eligible for release (parole). This
added to the average length of sentences served in American prisons, which meant that individuals were not
being released as early as in prior years. Thus, as more individuals were coming in due to increases in other
legislation, there were already more people in the prisons.
Three strikes policies were enacted in many States. In 1993, Washington overwhelmingly passed (75%
voted yes) to approve initiative 593 1
This policy increased sentence lengths for 40 felonies, which included
life imprisonment. Perhaps the largest 3 strikes policy was in 1994, in California, with Proposition 184,
commonly called the Three Strikes and You’re Out policy. It mandated a minimum of 25 years of prison
for individuals committing 3 felonies. What made this policy more pervasive than others was the way in
which it could be applied. If a person had two previous strikes for violent, or serious felonies (not necessarily
violent), any new felony was life imprisonment, with a minimum of 25 years. For a more detailed view of
this policy, see https://lao.ca.gov/2005/3_strikes/3_strikes_102005.htm
Drug laws were also changing at this time. The Controlled Substances Import and Export Act (1970),
started the increases for drugs in the U.S. under federally mandated minimums found within the federal code
21 U.S.C. § 841. For a detailed reporting of these minimums, see https://www.ussc.gov/sites/default/files/
pdf/research-and-publications/research-publications/2017/20171025_Drug-Mand-Min.pdf
One of the most debated issues within the drug sentencing laws was the differential between cocaine (in
powder form) and crack ( also form of cocaine, diluted and in a hardened paste form). During the increases
in sentencing, there was a disparity in the lengths of sentences for comparable weights of these two drugs.
There has been much debate whether this targeted poorer individuals more harshly, as crack was seen as a
poor man’s cocaine. However, with additional mandatory minimum increases in the 1980s, differences in
sentence lengths began to widen. In a detailed report, Barbara Meierhoefer (1992) detailed how the average
sentence lengths for African Americans (for similar weights of crack v. cocaine for Whites) was roughly 50%
higher, supporting this assertion that drug sentences were not equal. 2
With over a million arrests per year for drugs, it does add to the prison system as a whole. While the
proportion of drug offenders in State prisons hovers around 20-25%, it is much larger at the federal level. As
seen below, it makes up over half of the federal prisons. In all, the drug seriousness went up (how drugs are
1. Wright, P. (1995). Three strikes racks ‘em up. Journal of Prisoners on Prisons, 6(2), 3-6. https://www.ncjrs.gov/App/Publications/ abstract.aspx?ID=162918
2. Meierhoefer, B. (1992). The general effect of mandatory minimum prison terms: A longitudinal study of federal sentences imposed. Federal Judicial Center. https://www.fjc.gov/sites/default/files/2012/GenEffMM.pdf
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scheduled within federal guidelines), and sentence lengths for drugs went up; certain drugs more than others
also went up.
Federal Drug Inmates
Federal Drug Inmates
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9.15. Current Issues in Corrections: Aging and Overcrowding
DAVID CARTER
One of the side effects of lengthier sentences is that: the individuals in prison get older, in prison. Thus, the
amounts of individuals in prisons over 55 years old has dramatically increased. As McKillop and Boucher
(2018) relate in the graphic below, based on BJS data, there has been a 280% increase in prisoners, age 55
and older. 1
Aging Prisoners
1. McKillop, M., & Boucher, A. (2018). Aging prison populations drive up costs. Older individuals have more chronic illnesses and other ailments that necessitate greater spending. Available at: https://www.pewtrusts.org/en/research-and-analysis/articles/2018/02/20/aging- prison-populations-drive-up-costs
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Aging Prisoners
And as the title of their article depicts, there is a growing cost within this subpopulation of inmates. McKillop
and Boucher (2018) relay that the cost of this group of inmates can be upwards of three times the cost of the
normal inmate (30k to 100k per inmate). 2
Beyond just the cost of these inmates, a more philosophical question has risen, in regards to how to treat
prisoners as they enter their last phase in life. Some have articulated for compassionate releases for individuals
that are entering hospice care or in need of assisted living conditions. Other articulate that this is unfair to put
the burden on the inmate, as they have been incarcerated for long periods of time and have few self-support
options available. In a powerful documentary on this matter, Edgar Barens details these issues. Information
about this film, The Prison Terminal (2013), can be seen here: https://www.prisonterminal.com/.
Overcrowding These issues and others have all contributed to the rising correctional population in the United States. It
is estimated that we have over 8 million people in correctional control, and that number does not seem to
be subsiding. Yes, there are reductions in certain areas, such as a decline in the prison population in the last
2. McKillop, M., & Boucher, A. (2018). Aging prison populations drive up costs. Older individuals have more chronic illnesses and other ailments that necessitate greater spending. Available at: https://www.pewtrusts.org/en/research-and-analysis/articles/2018/02/20/aging- prison-populations-drive-up-costs
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few years, but this does not mean that they are not still under control. In one of the more detailed examples
of just where individuals are at in corrections, Alexi Jones (2018) of the Prison Policy Initiative provides a
graphic, based on State and Federal data to demonstrate this impact.
Rates of Correctional Control
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Aging Prisoner Graphic
Not only does this graphic demonstrate the overall volume of correctional control, but it also highlights
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how states are handling their populations differentially. The second half of Jones’ (2018) 3
report details
the volume of individuals with each state. Please take a moment to review the last portion of this report
to see how many are under correctional control, found here: https://www.prisonpolicy.org/reports/
correctionalcontrol2018.html#statedata
Prison overcrowding is problematic for multiple reasons. First, when there are too many individuals
(especially antisocial ones) within a facility, there are more assaults and injuries that occur within the
institution. Moreover, there is a safety concern for not only the inmate on inmate violence but also inmate
on staff crimes. Second, the more people you have in a facility, the faster that facility wears down. Operating
a jail or prison at maximum (or over maximum) capacity causes more items to break or wear out within
the facility at a fast rate. Finally, when individuals are unable to access adequate health care because of the
excessively long waits, due to overcrowding, it is a violation of their constitutional rights.
As prisoners, we (the public and the State) have a responsibility to house and properly care for the prisoners
overseen. This is not to say that offenders are getting premier care, but that they are at least receiving a
modicum of care. When this low level of care is deliberately denied due to excessive volumes of individuals,
it is a violation of a person’s 8th amendment rights against cruel and unusual punishment. As was found in
the case of Estelle v. Gamble, (1976). 4
This similar issue was presented in California over ten years ago. A
three-judge panel ruled with the prisoners, citing the need for California to reduce its prison population to
a level where the individuals could effectively be managed, and cared for [emphasis on the latter]. Dealing
with overcrowding is a constant issue for most prisons and jails. Some have resolved to release more out into
the community at a higher volume, on parole or just release. However, this too has its own set of problems,
as reentry is now becoming the current issue within corrections.
3. Jones, A. (2018). Correctional control 2018: Incarceration and supervision by state Prison Policy Initiative. Available at: https://www.prisonpolicy.org/reports/correctionalcontrol2018.html#statedata .
4. Estelle v. Gamble, 429 U.S. 97 (1976).
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383
9.16. Current Issues in Corrections: Reentry and the Future of
Corrections
DAVID CARTER
Reentry and the Revolving Door Parole, as discussed in the previous chapter, has had mixed reviews. Overall, the effectiveness of parole
hovers around 50% success. It is estimated somewhere between 600,000 and 800,000 parolees are on parole
in any given year over the last 3 decades. Additionally, several hundred thousand are exiting parole in each
of these years. This brings up questions about what happens to these individuals. The reality is that most
of them will be rearrested. In one of the more comprehensive studies on recidivism, Alper, Durose, and
Markman (2018) discussed the recidivism rate of individuals tracked over a 9-year follow up period. What
they found was that rearrest occurred for about 70% in the first three years, and by year 9, 83% of the
individuals released has been rearrested. Many of these individuals return to prison, hence the concept of
the “revolving door” of justice. In order for reentry programs to be more successful, individuals returning to
society need assistance to get back on their feet and stay on their feet. This includes items such as education
and training, employment assistance to get a job, legal services, education on public benefits, and housing
assistance. Interestingly, it appears as though many of the items here are the same items that many of them
had deficits in that landed them in trouble in their lives before 1
That is – many of these items are those same
predictors of offending that were discussed in the first section (known as the know predictors of recidivism).
Unfortunately, it appears as though they are not getting these while they are incarcerated. Again, creating a
cycle of release and catch again.
Situations and circumstances that compound these problems for many ex-offenders is the difficulty faced
with trying to get a job once released. Over the last 20 years, there was an overwhelming push to include
items on employment applications that asked questions about prior incarceration history. Not only were
there questions about prior incarcerations and prior convictions, but many employers also have questions
about ever being arrested. If an individual told the truth (which is what they should do), the reality is
that their applications would be discarded, or overlooked for others without an arrest/conviction. If an
ex-offender lied about it, and it was discovered during a background investigation, the application was
1. Alper, M., Durose, M. R., & Markman, J. (2018). Update on prisoner recidivism: A 9-year follow-up period (2005-2014). U.S. Department of Justice Office of Justice Programs Bureau of Justice Statistics. https://www.bjs.gov/content/pub/pdf/18upr9yfup0514.pdf
384
certainly discarded. In either scenario, it became increasingly difficult for an individual to obtain legitimate
employment.
This is also true on apartment rental applications. Again, when individuals would put down prior arrests,
their applications would often be placed at the bottom of the pile. If someone were to lie about it, and it
was discovered, it could be used as grounds for not selecting an individual for tenancy. Once again, society
was making it difficult for ex-offenders to even function as a normal citizen, based on a sentence that they
had served, which is when the punishment should have ended. Collectively, these items are included in the
concept of collateral consequences. That is – items that are barriers to successful integration that are remnants
of prior punishment.
Future Outlook of Corrections Based on the major issues presented, overcrowding and reentry, the problems faced in corrections are not
likely to go away anytime soon. We have seen an increase in the overall correctional population for years
now. While there are some reductions in prisons, this is not likely to stay this way, unless changes are made.
Additionally, while there is space for growth in the area of community corrections, the functions of CC need
to be supported and done based on evidence-based practices if it is to be more successful. It too has limits, and
without the support, it is more likely to be another failure. If it is not supported, then the prison population is
likely to increase even more, due to the eventual placement of too many failures of individuals in community
corrections. Most offenders are in need of some basic assistance to get themselves back to a functioning level
in society, including addressing their education, their substance abuse, their employment, and general and
mental health. Our correctional system needs to change its habit of treating substance abuse and mental
health issues as legal and punish-oriented issues if we are going to curb the tide of the growing problems
we face in corrections. If not, our 8 million individuals in all forms of correctional control can quickly turn
10 million. According to a 2016 report from the U.S. Department of Education (p. 13), “from 1979–80 to
2012–13, state and local government expenditures on corrections rose by 324 percent (from $17billion to
$71 billion).” 2
Keep in mind that is taxpayer money. We are funding this issue. It is time to address these
problems from a more holistic approach if we are going to see a change in our current correctional practices.
2. https://www2.ed.gov/rschstat/eval/other/expenditures-corrections-education/brief.pdf
Introduction to the American Criminal Justice System
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