Criminal Justice Today An Introductory Text for the 21 st Century

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Criminal Justice Today An Introductory Text for the 21 st Century CHAPTER 13 Prisons and Jails

Early Punishments Early punishments frequently corporal punishment Fit doctrine of lex talionis Flogging Mutilation Branding Public humiliation Workhouses Exile

The Emergence of Prisons Earliest records of incarceration date back to the middle ages. Imprisonment as punishment developed in U.S. in late 18 th century. Humanitarian alternative to corporal punishment

Historical Development of Prisons The Penitentiary Era (1790 1825) Pennsylvania system used solitary confinement, rehabilitation Benjamin Rush and Benjamin Franklin supported the Pennsylvania system The Mass Prison Era (1825 1876) Auburn system Congregate/silent system

Historical Development of Prisons The Reformatory Era (1876 1890) Captain Alexander Maconochie Norfolk Island Sir Walter Crofton Irish System Elmira Reformatory Development of parole, indeterminate sentencing, emphasis on reformation over punishment

Historical Development of Prisons The Industrial Era (1890 1935) Inmate labor Contract system Piece-price system Lease system Public account system State-use system Public works system

Historical Development of Prisons The Industrial Era (1890-1935) Ashurst-Sumners Act Federal Prison Industries/UNICOR

Historical Development of Prisons The Punitive Era (1935 1945) Emphasis on custody, institutional security, retribution The Treatment Era (1945 1967) Medical model of corrections Emphasis on rehabilitation

Historical Development of Prisons The Community-Based Era (1967 1980) Emphasis on community corrections, diversion, decarceration Rehabilitation The Warehousing Era (1980 1995) Focus on incapacitation Nothing-works doctrine Failure of rehabilitation

Historical Development of Prisons The Just Deserts Era (1995 2012) Focus on justice model, emphasis on individual responsibility Return to punishment as purpose of incarceration Get-tough initiatives

Historical Development of Prisons The Evidence-Based Era (2012 present) Built around need to employ costeffective solutions to correctional issues

Prisons Today There are approximately 1,720 state prisons and 119 federal prisons in the country today. On January 1, 2014, state and federal prisons held 1,574,741 inmates. Slightly more than 7% of those imprisoned were women. Incarceration rate of 478 prisoners per 100,000 U.S. residents

Prisons Today On January 1, 2014, state and federal prisons held 1,574,741 inmates. Rate 14 times higher for males than females Most state inmates convicted of violent crimes Most federal inmates convicted of druglaw violations

Figure 13-2 State Prison Populations, 1925 2014 Note: Numbers may not reflect the actual number of persons sentenced to incarceration because some states, like California, have begun to house substantial numbers of inmates in local jails rather than in state prison facilities. Source: Bureau of Justice Statistics, Crime and Justice Atlas 2000 (Washington, DC: BJS, 2001), pp. 42 43; and Bureau of Justice Statistics, Prisoners in 2014 (Washington, DC: BJS, 2015); and other years.

Figure 13-3 Federal Prison Populations, 1925 2014 Source: Bureau of Justice Statistics and the Federal Bureau of Prisons.

Prisons Today Clear racial disparities Incarceration rate of young black males 7 times greater than for white males Lifetime chances of imprisonment much greater for black males (32.3%) and black females (5.6%), compared to white males (5.9%) and white females (0.9%)

Prisons Today Use of imprisonment varies greatly among states. Size of prison facilities varies greatly.

Prisons Today Average incarceration costs State level Average $62 per day per inmate Federal level Average $77.50 per inmate per day California pays over $150 per day for each inmate housed.

Prisons Today The cost of running the nation's correctional facilities and programs exceeds $83 billion per year.

Overcrowding Just deserts philosophy led to major increase in prison populations. Overcrowding a reality in many jurisdictions, especially in federal system

Overcrowding Prison overcrowding measured on several dimensions Space available per inmate How long inmates are confined in cells or housing units vs. time spent in other activities Living arrangements (single vs. double bunks, etc.) Type of housing

Overcrowding Prison capacity refers to the size of the correctional population a facility can hold. Types of prison capacity Rated Number of inmates a prison can handle according to the judgment of experts

Overcrowding Types of prison capacity Operational Number of inmates a prison can effectively accommodate based on appraisal of staff, programs, and services

Overcrowding Types of prison capacity Design Number of inmates a prison was intended to hold when it was built or modified Overcrowding alone is not cruel and unusual punishment.

Figure 13-8 State Prison Populations, Inmates versus Capacity, 1980 2014 Source: Bureau of Justice Statistics, Correctional Populations in the United States (Washington, DC: BJS, various years).

Selective Incapacitation Collective incapacitation Imprison almost all serious offenders Selective incapacitation Imprison only the most dangerous offenders Career criminal statutes Concerns about rate of false positives

Security Levels Maximum security Massive old buildings with large populations Most states have one central maximum security facility. Medium security level Resembles maximum security but smaller and less secure architectural design

Security Levels Medium security level Inmates have more freedom to associate, less intensive supervision. Minimum security level Inmates less supervised, more freedom, may have private rooms Facilities may combine multiple security levels.

Prison Classification Systems Classification system Used to assign new prisoners to initial custody levels Based on perceived dangerousness, escape risk, type of offense

Prison Classification Systems Offenders may move through custody levels. Internal classification determines placement and program assignment within facility.

The Federal Prison System First federal prison Leavenworth (1895) Federal Bureau of Prisons, created 1930 Currently operates 119 institutions Five security levels Administrative maximum (ADMAX) High security Medium security

The Federal Prison System Federal Bureau of Prisons, created 1930 Five security levels Low security Minimum security

Figure 13-10 Federal Prisons Populations at Yearend, by Offense, 1998 2014 Source: Bureau of Justice Statistics, Correctional Reporting Program.

Jails Receive individuals pending arraignment and hold those awaiting trial, conviction, or sentencing Readmit probation, parole, and bailbond violators and absconders Detain juveniles, mentally ill, and others pending transfer

Jails Hold individuals for military, protective custody, contempt, and for courts as witnesses Release convicted inmates to the community upon completion of their sentence

Jails Transfer inmates to, or house inmates for, federal, state, or other authorities Operate community-based programs with day reporting, home detention, electronic monitoring, or other types of supervision Hold inmates sentenced to short terms

Jails Jails hold 731,208 inmates. 3,283 jails operating in U.S. with approximately 234,000 jail employees Average housing cost is over $14,500 per year/per inmate. Typical jail inmate Unmarried black male between 25 34 with some high school education

Jails Most jails are designed to house 50 or fewer inmates. 6% of the jails hold over 50% of the prisoners. Some "megajails" house thousands of inmates. Los Angeles County's Twin Towers correctional facility has 4,000 beds.

Jails Some "megajails" house thousands of inmates. Los Angeles and New York City together house approximately 31,085 inmates (4.2% of national total).

Women and Jail Women number 15% of jail population Largest growth group in jails nationwide Special problems Lack of classification system for women Lack of facilities geared for female offenders Education levels are low.

Women and Jail Special problems Drug abuse Pregnancy and child support Women working in corrections 22% of correctional officers are women. Deployment of female personnel disproportionately skewed to lower rank jobs

The Growth of Jails Jails overall operating at 84% of rated capacity Some facilities extremely overcrowded Diversion to community-based programs can help contain jail population growth.

New-Generation Jails Designed to improve inmates/staff communication and enhanced supervision Allow for continuous observation of inmates Direct supervision jails Indirect-supervision jails

New-Generation Jails Reduce inmate dissatisfaction, deter rape and violence among inmates, reduce likelihood of inmate victimization, improve staff morale

Jails and the Future Jail industries Teach inmates marketable skills Regional jails Combine resources of several smaller communities State standards for mail management

Private Prisons Privatization Movement toward wider use of private prisons Private prison Prison operated by private firm on behalf of local or state government

Private Prisons At the start of 2014, private prisons held 7% of state prisoners and 19% of federal prisoners. Studies have not found cost savings that were anticipated with privatization. Various legal issues relating to privatization also pose problems for states.