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Three restrictions on judicial discretion:
Mandatory minimum sentences
“Three strikes”
Sentencing guidelines
Sentencing Guidelines
Typical Guideline – Criminal History Score X Offense Severity– Each combination = specific range of
sentences Do they work?
– They do reduce sentencing disparity– BUT, do they simply shift discretion to the
prosecutors and the legislature?
Corrections
Carrying out the sentence of the decreed by the judicial system– History of Corrections– Community Corrections– Intermediate Sanctions– Institutional Corrections
The Middle Ages to the 17th Century The Middle Ages
– Feudal period: blood feuds--> wergild – Later Middle ages (Henry VIII, Elizabeth I)
• Increase in corporal and capital punishment• Bizarre and extravagant tortures
17th Century– Poor laws and “houses of correction”– Transportation (for profit), galley slaves
Colonial America (1600s-1750s)
Punishment was public Punishment was corporal or capital Prison-like institutions existed, but were
not used as “punishment”
COPORAL PUNISHMENTS
The Rise of the Penitentiary (1750-1800) William Penn
– Revised criminal code in Pennsylvania to forbid torture and mutilation; ordered new “houses of correction”
Walnut Street Prison (1790)– Other states (New Jersey, New York)
followed
Walnut Street Jail and Eastern Penitentiary
Pennsylvania vs. Auburn System
Pennsylvania – Western Penitentiary, Eastern Penitentiary– Silent System
New York– Auburn Prison – Congregate System
Only difference? – Isolation of inmates during the day
Corrections in the 1800s
Auburn System wins debate– Easier to perform labor; the only way to
perform factory labor– But, prison brutal, corporal punishment
prevalent Prison building boom (1850s) Prison Industry
– Contract system, convict-lease, state account
The Progressive Era
We’ve already talked about the progressives– 1920s– Attacked many social ills (working conditions,
poverty….)– In Criminal Justice
• Argued that rehabilitation (not punishment, penance) should be the goal of corrections
• Platform of indeterminate sentences, probation, parole.
Corrections from 1970 to present Faith in rehabilitation crushed
– Liberals = justice model; Conservatives = punish 1970s = deterrence 1980s-present = deterrence/incapacitation
– Return to determinate sentencing– 3 strikes legislation– Chain gangs, “strip-down” prisons
Pennsylvania vs. Auburn System Pennsylvania
– Western Penitentiary, Eastern Penitentiary– Silent System
New York– Auburn Prison – Congregate System
Only difference? – Isolation of inmates during the day
Corrections in the 1800s Auburn System wins debate
– Easier to perform labor; the only way to perform factory labor
– But, prison brutal, corporal punishment prevalent
Prison building boom (1850s) Prison Industry
– Contract system, convict-lease, state account
The Progressive Era We’ve already talked about the
progressives– 1920s– Attacked many social ills (working conditions,
poverty….)– In Criminal Justice
• Argued that rehabilitation (not punishment, penance) should be the goal of corrections
• Platform of indeterminate sentences, probation, parole.
Corrections from 1970 to present Faith in rehabilitation crushed
– Liberals = justice model; Conservatives = punish
1970s = deterrence 1980s-present=deterrence/incapacitation
– Return to determinate sentencing– 3 strikes legislation– Chain gangs, “strip-down” prisons
Conscience and Convenience Why were the first prison built?
– “Penitentiaries”– “Correctional Facilities”
Why do we still build prisons if we no longer believe in rehabilitation? – Incapacitation as the “default” goal of
prisons….or “convenience”
The Corrections Continuum
Probation Intermediate Sanctions Jails Prisons
Probation Father of Probation is John Augustus Formally adopted in progressive era Suspend sentence, in return, offender
abides by “conditions of probation”– Conditions set and enforced by judicial
system– Offenders who “fail” may have probation
revoked, and original sentence imposed
Functions of Probation Departments
Pre-sentence Investigation (PSI)– Interview offender, case history, tied to
rehabilitation– Includes recommendation for sentence
Supervision of Offenders– Counseling, meet with offenders– Help with job, broker community resources– Supervise (house visits, drug testing)
Use of Probation
Almost 2/3 of the total corrections population is on probation– Roughly 3.5 million offenders are on
probation – Average Caseload = 113
Goal has shifted– Rehabilitation to supervision/zero tolerance
Parole Parole as release from prison
– Discretionary release– Parole board = appointed by governor– Rehabilitation and intermediate sentences
Parole as supervision– Similar to probation supervision– Early release a privilege, therefore must
follow conditions of release
Abolish Parole?
Typically, states move to abolish “discretionary parole release”
When this is done, “post release supervision” is still part of the process
How “effective” are probation and parole supervision?
Cost savings– Probation and parole are much less expensive
than prison Recidivism
– Large differences in “recidivism” across jurisdictions
– As high as 65% (California felons), as low as 25% (Huntsville, TX)
– Depends upon “risk” of clients
Intermediate Sanctions
Probation Prison Death
ISP EM Boot Camp
WHY do these critters exist?
Prison crowding in 1980s Probation viewed as failure Need for “continuum” of sanctions
What is the goal of these critters?
Divert offenders from prison (save money)
Reduce recidivism (through deterrence) Provide an option to judges that fits
between prison and probation
Intensive Probation or Parole Supervision (IPS) Idea is to “soup up” traditional
supervision– Reduce Caseloads (15 to 40 offenders)– Daily contact with offender– Routine drug testing– Curfews, home and employment visits
Do ISP’s work?
Do ISP’s divert from prison? – NO, judges are reluctant to send “prison-bound”
offenders to ISP (Net Widening)
Do ISP’s reduce recidivism?– NO, when compared to similar group of offenders, they
actually do worse (fishbowl effect)
– Similar to “California Caseload Experiments” of the 1970s
Shock Incarceration (boot camps)
Short, intense incarceration to “shock” the offender into his/her senses– military drill and discipline, physical exercise, hard
physical labor– typically reserved for young, non-violent, first-time
offenders– short time-span, typically 6 months
Do boot camps work?
Reduce Recidivism? – NO, boot camp graduates have similar recidivism
rates as offenders who receive different sanctions
Divert Offenders?– Possible, but not likely
– Depends upon where in the system they are diverted
Home Confinement and Electronic Monitoring Home confinement is an old practice Electronic Monitoring is used to enforce
home confinement– Technology emerged in the 1980s– Most are bracelets that work like invisible dog
fences– Tell probation/parole officers whether or not a
person has broken curfew
Residential Community Corrections Traditional “Half-way house”
– Used to reintegrate prison inmates into society
Now– Traditional functions– Sanction for probation violators– Day reporting centers– Split sentences (probation + RCC time)
How do RCC’s Work?
Typically, they are house-like structures (not prison-like)– Inmates (clients) are usually free to leave
during the day (job, classes)– Return at night– Most RCC’s are privately run
Evidence for Cost Savings and Diversion In order to divert and save $,
demonstrate that the offender would’ve went to prison if not for the intermediate sanction– Most programs demonstrate “net widening”
– Exception--if correctional personnel make decision.
Evidence for Recidivism
None of these sanctions have demonstrated recidivism reductions.– Why not? All of them are based on the principle of
specific deterrence. Example of boot camp--why would this reduce recidivism?
– Exception: some incorporate intervention programs grounded in good theory
Evidence for Providing a “Continuum” This is the sole “Victory” for
intermediate sanctions– Offenders report that ISP is more painful
than traditional probation, and some suggest it is worse than prison
– Is this enough to justify intermediate sanctions?
Why are these Critters thriving?
Provide Continuum Politically Powerful
– Boot camp residents with shaved heads, saluting….
– Public wants “harsh” punishments– Myth of effectiveness
Institutional Corrections
Go to jail, go directly to jail, do not pass go, do not collect $200
JAILS
County Level Institutions– Usually run by Sheriff and deputies
House inmates (less than 1 year) and pre-trial detainees
Conditions notoriously poor– Little programming, no medical facilities– Violence, shifting population, suicide rates
high
Prisons Hold individuals sentence to at least 1 year Operated by the executive branch
– Federal Bureau of Prisons (BOP)• 98 Facilities• 126,000 inmates• Most inmates (60%) are serving time for drug
offense• Prisons ranked on a 1 to 6 scale (1 = FCI in
Colorado)
State Prisons
Over 500 prisons, and 1.2 million offenders
Governor typically appoints warden Organization
– Maximum (razor wire, guard towers…)– Medium (similar to max, but less serious
offenders)– Minimum (typically campus style)
Since the late 1970s, the total number of inmates in custody has increased dramatically
The incarceration rate has kept pace
Why the dramatic increase? Change in public opinion, and political emphasis
– Three strikes laws, “truth in sentencing” – Drug Policies
Increase in felony convictions Factors that do not clearly influence incarceration
– Crime rates– Economy
Profile of Prison and Jail Inmates Racial Profile
– 35% White, 44% Black, 11%, Hispanic– 11% of black males in 20s and 30s
Most (98%) are male Most are poor, with less than a high
school education Most (60%) have been in prison before
The Pains of Imprisonment Gresham Sykes
– Material possessions – Heterosexual relationships– Security– Autonomy
Deprivation model vs. Importation model Does old “inmate code” still exist? NO
The Inmate Economy A black market exists in almost all prisons
– Sex, drugs, alcohol, food, better living conditions…
– What is the currency of the prison economy?CIGARETTES
Why not “stamp out” the prison economy?– Guards are pragmatic (worry about the big stuff)– Some guards are part of the economy
Prison Gangs
Similar to the “outside,” gangs are divided along racial lines
Roughly 6% of inmates identify with a gang
Gangs control economy, rackets…– Primary concern is gang violence, and the
possibility of riots
Women’s Issues
Typically single prison per state– Get less resources– More difficult to visit
Pregnancy, motherhood– Where do children go if mothers are locked
up?
Does Rehabilitation Work? Martinson (1975) “nothing works”
– He later recanted his position, and argued that dome things do “work,” but nobody listened
Don Andrews (Canadian Psychologist)– Much “rehabilitation” is “correctional quackery”– What works?
• Cognitive/Behavioral based programs
• Intensive intervention with follow-ups